N.Y. Comp. Codes R. & Regs. tit. 8 § 302.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 302.14 - Student activity fees

(a) Referendum. Prior to the close of the academic year 2004-2005 and every two years thereafter, the student body (or such components thereof as may be designated by the chief administrative officer, or designee) at each State-operated campus shall determine by referendum whether student activity programs shall be supported by either voluntary or mandatory student fees. Such referendum shall be held on the same day as the annual elections for officers of the representative student organization or organizations (hereinafter referred to as "student government"). The determination resulting from each referendum shall remain in force for a period of two academic years, except that at any time and from time to time within such two-year period a subsequent referendum held in accordance with the constitution and by-laws of the student government may effect a change in this determination with respect to the following academic year.

(b) Voluntary fees. Where students at a State-operated campus have determined to make the payment of student activity fees voluntary, the student government shall be responsible for the collection, appropriation and disbursement of such fees subject to the permitted uses authorized in paragraph (c)(3) of the Board of Trustees' Policy. With the approval of the chief administrative officer, or designee, personnel or facilities of the campus, or both, may be used in connection with the collection of such fees on behalf of the student government provided that the collection of voluntary student activity fees is clearly distinguished from the collection of required university fees.

(c) Mandatory fees. Where students at a State-operated campus have determined to make the payment of student activity fees mandatory, the appropriation, collection and disbursement of such fees, whensoever collected, shall be governed by the following regulations:

(1) Preparation and certification of the budget.

(i) The student government shall prepare and approve a budget governing expenditures from student activity fees in accordance with the constitution and by-laws of the student government, and consistent with the principles of equal opportunity and viewpoint neutrality, prior to registration for each academic year. The constitution and by-laws of such student government shall specify the criteria governing eligibility for funding of and allocations to student organizations from student activity fees. While referenda of the student body may not be used to help determine specific allocations to particular student organizations, mechanisms such as polls or surveys may be used to ascertain student interest and participation in programs or events. Allocations included in the budget shall fall within programs defined in paragraph (3) of this subdivision. The approved budget shall thereafter be presented to the chief administrative officer prior to the registration for each academic year for review and certification that the allocations from the fee and any proposed sources of revenue are in compliance with the provisions of paragraph (3) of this subdivision. Upon determination by the chief administrative officer, or designee, that the approved budget is in compliance with these regulations, he or she shall so certify, and such certification shall authorize the collection of the fee at registration.

(ii) Appeals. In the event that the chief administrative officer, or designee, concludes that a particular proposed allocation included in the budget may not be in compliance with the provisions of this Part, he or she shall refer such proposed allocation to a campus review board composed of eight members of whom four shall be appointed by the student government and four appointed by the chief administrative officer, or designee. The campus review board shall study the proposed allocation and make a recommendation to support or not to support it. The chief administrative officer, or designee, shall thereafter make the final decision. Any proposed allocation which is determined not to be in compliance with the provisions of these regulations shall be excluded from the budget.

(2) Collection at registration. The total amount of the fee for one academic year, as fixed and assessed by the student government, shall not exceed an amount to be determined by the chancellor in consultation with the student assembly. Upon registration, every student shall be required to pay one half of the total fee, or proportionate part thereof, if registered for less than full-time, each term for which he or she registers. Failure to pay the required fee may result in denial of registration. The fiscal officer of each State-operated campus shall collect the prescribed fee at the time of registration and shall pay over the amounts so collected to an independent fiscal agent designated by the student government and approved by the chief administrative officer, or designee. If there is reasonable evidence in an individual case, as determined by the chief administrative officer, or designee, that payment of the fee may cause undue hardship, such student may nevertheless be allowed to register and the obligation to pay such fee shall thereafter be subject to administrative review and action by the chief administrative officer, or designee, after consultation with the student government. In a case in which a student has been allowed to register without payment of the student activity fee, the chief administrative officer may withhold grades or transcripts of credits until payment has been waived by such administrative action or the obligation has been met. In addition, the student government may determine to deny participation in student activities in the case of any student who has not fulfilled his or her obligation with respect to payment of the mandatory student activity fee. Student imposed fees in excess of the mandated fee shall be considered voluntary within the provisions of subdivision (b) of this section. Policies governing refunds to students who cancel their registration or withdraw from the university shall be established by the student government. For those periods outside the academic year (i.e., summer session) a mandatory fee also may be collected, provided the amount of the fee is consistent with the level of programming provided during that period and is used in accordance with the Board of Trustees' Policy. The amount of this fee shall be determined by the student government in consultation with the chief administrative officer of the campus, or designee, and shall not be included within the cap applicable to the amount charged for the academic year.

(3) Use of funds. Funds which are collected under provisions of this section which require every student to pay the prescribed mandatory fee and all revenues generated from use of the fee shall be used only for support of the following programs for the benefit of the campus community:

(i) programs of cultural and educational enrichment;

(ii) recreational and social activities;

(iii) tutorial programs;

(iv) athletic programs, both intramural and intercollegiate;

(v) student publications and other media;

(vi) assistance to recognized student organizations including religious student organizations, for the purposes and activities of the organization that are of an educational, cultural, recreational or social nature, and provided further that the criteria for recognition of student organizations, the criteria governing eligibility for funding of and allocations to such student organizations from student activity fees shall be specified in the constitution and by-laws of the student government;

(vii) insurance related to conduct of these programs;

(viii) administration of these programs;

(ix) transportation in support of these programs;

(x) student services to supplement or add to those provided by the university;

(xi) remuneration and reimbursement of reasonable and necessary travel expenses in accordance with state guidelines to students for service to student government;

(xii) campus-based scholarships, fellowships and grant programs, provided the funds are administered by the campus or a campus affiliated organization;

(xiii) payments for contractual services provided by a nonprofit organization to the extent that such services are in aid of an approved student activity during the budget year and which activity serves the purposes set forth above and provided further that such payments may not be exclusively for the general corporate purposes of such organization;

(xiv) salaries for professional nonstudent employees of the student government to the extent that they are consistent with hiring practices and compensation rates of other campus-affiliated organizations; and

(xv) charitable donations to a nonprofit organization; provided, however, that such donations may be funded only from the proceeds of a fundraiser held by a recognized student organization.

(4) Disbursement of funds. Proceeds of the student activity fee shall be disbursed by the student government, through the designated independent fiscal agent, provided that the proposed fiscal commitment for each expenditure shall have been approved by the chief administrative officer or designee. In the event that the chief administrative officer, or designee, concludes that a particular proposed fiscal commitment may not be in compliance with an approved budgetary allocation and the provisions of this section, he or she shall refer such proposed fiscal commitment to the campus review board for review and recommendation. Final determination for approval of the compliance with this section of any proposed fiscal commitment shall rest with the chief administrative officer or designee. Fiscal and accounting procedures prescribed by the chancellor, or designee, shall be adopted and observed by the student government. These procedures shall include, among other things, provisions for an annual independent audit including the communication to student government management by the independent auditor of any internal control matter(s) noted during the conduct of the audit; and for public dissemination of information regarding the budgeting process including a list of funded activities, current allocations and expenditures.

(5) Changes to approved budget. Changes to the approved budget after certification, either prior to or subsequent to the collection of mandatory fees, shall be subject to administrative review and certification by the chief administrative officer, or designee, in the same manner as was applicable to the original budget.

(d) Use of college facilities. The provisions of this section shall not be interpreted to authorize the use of college facilities for student activities and programs without appropriate administrative approval. Appropriate payments shall be made by student organizations for the use of college facilities where there are extraordinary costs to the college associated with such events.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 302.14