Nicholls State University

Reaffirming our commitment to excellence in education through reaffirmation of SACS-COC accreditation

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Comprehensive Standard 3.2.13

Any institution-related foundation not controlled by the institution has a contractual or other formal agreement that (a) accurately describes the relationship between the institution and the foundation, and (b) describes any liability associated with that relationship. In all cases, the institution ensures that the relationship is consistent with its mission.


X   Compliance       Partial Compliance      Non-Compliance

Narrative

Nicholls State University has formed relationships with three institution-related entities: the Nicholls Foundation, the Nicholls State University Alumni Federation, and PRO NSU. As described below, these relationships are governed by affiliation agreements and bylaws that are consistent with the mission of Nicholls. The relationship between the University and the Nicholls Foundation is also governed by the University of Louisiana System’s Policy on University Foundations [1].


Nicholls State University Foundation

Nicholls State University and the Nicholls State University Foundation, a non-profit 501(c)(3) corporation created solely for the support of the University, have signed an Affiliation Agreement [2] that clearly documents the relationship and responsibilities of these organizations. This most recent agreement was executed on July 1, 2003, and was approved by the Board of Supervisors for the University of Louisiana System on January 9, 2004. It shall continue in full force and effect until terminated by 120 days written notice by either party or by operating law. The Affiliation Agreement clearly states that the Nicholls Foundation agrees to perform services consistent with the University’s mission. Sections A and B.1 of the agreement specifically address the issue of mission consistency:

Nicholls State University Foundation, Affiliation Agreement, Sections A and B.1


A.  

The purpose of the Organization shall be to receive, hold, invest, and administer property and to make expenditures to support programs and activities designed to advance, promote, or otherwise benefit the University. The Organization has been formed for non-profit activities and not for pecuniary profit or financial gain.

B.  

The Organization shall have the following duties and responsibilities:
1. The Organization’s primary objective shall be to provide support to the University. Therefore, the Organization may not engage in activities contrary to this objective. In addition, the acts, deeds, functions, and activities of the Organization shall in no way conflict with the authority of the University.



The Affiliation Agreement and the Policy on University Foundations both outline the liability associated with the relationship. Should any substantial misuse of funds or fraudulent activities on the part of the Nicholls Foundation be discovered, the University may, at its discretion, terminate this agreement. In such case, the Organization shall be prohibited from using the University's name to solicit donations or for any other purpose and shall not in any way represent to alumni, contributors, and the general public that said organization is affiliated with the University.


Nicholls State University Alumni Federation

Nicholls State University and the Nicholls State University Alumni Federation, a non-profit 501(c)(3) corporation created solely for the support of the University, have signed an Affiliation Agreement [3] that clearly documents the relationship and responsibilities of these organizations. This most recent agreement was executed on July 1, 2003, and was approved by the Board of Supervisors for the University of Louisiana System on January 9, 2004. It shall continue in full force and effect until terminated by 120 days written notice by either party or by operating law. The Affiliation Agreement clearly states that the Nicholls State University Alumni Federation agrees to perform services consistent with the University’s mission. Sections A and B.1 of the agreement specifically address the issue of mission consistency:


Nicholls State University Alumni Federation, Affiliation Agreement, Sections A. and B.1


A.  

The purpose of the Organization shall be to receive, hold, invest, and administer property and to make expenditures to support programs and activities designed to advance, promote, or otherwise benefit the University. The Organization has been formed for non-profit activities and not for pecuniary profit or financial gain.

B.  

The Organization shall have the following duties and responsibilities:
1. The Organization’s primary objective shall be to provide support to the University. Therefore, the Organization may not engage in activities contrary to this objective. In addition, the acts, deeds, functions, and activities of the Organization shall in no way conflict with the authority of the University.



The Affiliation Agreement and the Policy on University Foundations both outline the liability associated with the relationship. Should any substantial misuse of funds or fraudulent activities on the part of the Nicholls State University Alumni Federation be discovered, the University may, at its discretion, terminate this agreement. In such case, the Organization shall be prohibited from using the University's name to solicit donations or for any other purpose and shall not in any way represent to alumni, contributors, and the general public that said organization is affiliated with the University.


PRO-NSU

Nicholls State University and PRO NSU, a non-profit 501(c)(3) corporation created solely for the support of the University, have signed an Affiliation Agreement [4] that clearly documents the relationship and responsibilities of this organization. This most recent agreement was executed on July 1, 2003, and was approved by the Board of Supervisors for the University of Louisiana System on January 9, 2004. It shall continue in full force and effect until terminated by 120 days written notice by either party or by operating law. The Affiliation Agreement clearly states that PRO NSU agrees to perform services consistent with the University's mission. Sections A and B.1 of the agreement specifically address the issue of mission consistency.

PRO NSU, Affiliation Agreement, Sections A and B.1


A.  

The purpose of the Organization shall be to receive, hold, invest, and administer property and to make expenditures to support programs and activities designed to advance, promote, or otherwise benefit the University. The Organization has been formed for non-profit activities and not for pecuniary profit or financial gain.


B.  

The Organization shall have the following duties and responsibilities: 1. The Organization's primary objective shall be to provide support to the University. Therefore, the Organization may not engage in activities contrary to this objective. In addition, the acts, deeds, functions, and activities of the Organization shall in no way conflict with the authority of the University.



Consistency with University Mission

The Affiliation Agreement [2] and the Articles of Incorporation [5] of the Nicholls State University Foundation ensure that the relationship between the University and Foundation is consistent with the mission of the University.


Nicholls State University Foundation, Articles of Incorporation, Article III


The objects and purposes for which this corporation is established are hereby declared to be the following: to promote, stimulate, and improve the educational, cultural, moral, and material welfare of Nicholls State College; to promote, improve, and encourage closer cultural, moral, and intellectual intercourse therewith between the members of this corporation and Nicholls State College; to give financial aids to needy and deserving students; to promote and encourage research and scholastic excellence among the faculty members of Nicholls State College; to buy, sell, lease, erect, or otherwise acquire, lands and all necessary buildings and appurtenances to further such ends; to hold, maintain, and operate same; to sell, lease, or dispose thereof and generally to do all things necessary or proper to achieve such ends; and this corporation is organized and shall be operated exclusively for educational, scientific, and literary purposes.



The Alumni Federation Affiliation Agreement [3] and the Articles of Incorporation [6] of the Nicholls State University Alumni Federation, Article II, ensure that the relationship between the University and Alumni Federation is consistent with the mission of the University.

Nicholls State University Alumni Federation, Articles of Incorporation, Article II


The corporation is organized exclusively for charitable, religious, literary, educational, and scientific purposes, within the meaning of Section 501 (c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Revenue Law), including the purpose of fostering, protecting, and promoting the welfare of Nicholls State University. Notwithstanding any other provision of these articles, this organization shall not carry on any other activities nor permitted to be carried on by an organization exempt from federal income tax under Section 501 (c)(3) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States Internal Revenue law. The corporation shall be a non-profit corporation as defined by Revised Statutes of Louisiana, Title 12, Section 201 and following.



The PRO NSU Affiliation Agreement [4] and Bylaws [7] ensure that the relationship between the University and PRO NSU is consistent with the mission of the University.


PRO NSU, Bylaws, Article II


Purpose

The purpose of this organization shall be to support, promote and assist Nicholls State University through the cooperative efforts of community members, faculty, staff, and administration.


Documentation

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Documents

Original Hyperlink

Local Copy

1

University of Louisiana System, Policies and Procedures Memorandum FB-IV.(4), Policy on University Foundations

Original Hyperlink

Local Copy

2

Nicholls State University Foundation, Affiliation Agreement

Original Hyperlink

Same

3

Nicholls State University Alumni Federation, Affiliation Agreement

Original Hyperlink

Same

4

PRO NSU, Affiliation Agreement

Original Hyperlink

Same

5

Nicholls State University Foundation, Articles of Incorporation

Original Hyperlink

Same

6

Nicholls State University Alumni Federation, Articles of Incorporation

Original Hyperlink

Same

7

PRO NSU, Bylaws

Original Hyperlink

Same

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SACS Coordinator: laynie.barrilleaux@nicholls.edu
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