UNIVERSITY OF CALIFORNIA
GUIDELINES FOR ADMINISTERING PRIVATE OUTSIDE AGENCY STUDENT SUPPORT FUNDS RESTRICTED bY RACE, ETHNICITY, GENDER, OR NATIONAL ORIGIN
November 4, 1998
In addition to awards from federal, state, and University student financial support programs (including gifts and endowments), University students may receive financial support from programs administered by private entities (i.e., organizations, agencies, foundations, corporations, and donors) that are wholly separate from the University and do not use the Universityís name, personnel, facilities, equipment and/or other resources. These private entities are not governed by Proposition 209, and, therefore, University students may continue to receive awards from such programs. In addition, the University may assist in the administration of such programs in accordance with the following guidelines:
Campuses may assist an outside agency in administering a student financial support program that uses race, gender, ethnicity, or national origin in the selection of recipients if the campus negotiated the current participation agreement with the outside agency prior to the implementation of Proposition 209 (i.e., August 28, 1997); and if that agreement imposes an obligation on the campus that extends beyond August 28, 1997. This is consistent with the Universityís policy for administering restricted gifts and endowments accepted prior to August 28, 1997. General Counsel is available to help determine which participation agreements carry an obligation that the campus should continue to honor.
Campuses may provide routine administrative assistance to an outside agency, regardless of the nature of the agencyís restrictions on recipient eligibility or selection, as long as, in deciding whether to assist a particular agency or program, campuses make that decision based on factors unrelated to a programís emphasis on race, gender, ethnicity, or national origin. For example, a campus may choose whether to assist a particular agency based on the level of workload the requested assistance would require.
The University may be responsible for determining the eligibility or selection of recipients, only if:
In the case of an outside agency award involving a preference, the University may neither determine the eligibility or selection criteria to be used, nor identify or nominate the specific recipients of the scholarship or grant. The University may nevertheless provide administrative support to the selection process established by the outside agency.
The following activities are examples of how a campus may assist an outside agency in administering financial support programs:
Providing information to students, such as:
Receiving and distributing funds, such as:
Assisting an agency with processing applications, such as:
Providing an agency with information about students, in accordance with applicable privacy laws and policy (which, in the case of confidential information, require the studentís consent prior to the release of the information), such as:
Assisting an agency with funding for awards, consistent with the following:
In some cases a member of the faculty or staff may sit on the selection committee for an outside agency scholarship program. This would be permissible only if such an individual is acting in a private capacity and not as a representative of the University. Campuses may need to review each case individually to determine whether the individualís participation is acceptable under Proposition 209. General Counsel and the Office of the President are available to help in making these determinations.