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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 Systems 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 Universitys mission. Sections A and B.1 of the agreement
specifically address the issue of mission consistency:
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Nicholls State University Foundation, Affiliation Agreement, Sections A and B.1
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A.
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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.
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B.
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The
Organization shall have the following duties and responsibilities: 1. The Organizations 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.
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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.
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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
Universitys mission. Sections A and B.1 of the agreement specifically
address the issue of mission consistency:
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Nicholls State University Alumni Federation, Affiliation Agreement, Sections A. and B.1
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A.
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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.
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B.
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The
Organization shall have the following duties and responsibilities: 1. The Organizations 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.
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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.
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PRO NSU, Affiliation Agreement, Sections A and B.1
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A.
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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.
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B.
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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.
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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.
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Nicholls State University Foundation, Articles of Incorporation, Article III
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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.
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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.
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Nicholls State University Alumni Federation, Articles of Incorporation, Article II
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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.
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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.
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PRO NSU, Bylaws, Article II
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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.
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Documentation
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