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3.2.13 – Governance and Administration |
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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
The
Texas A&M University-Texarkana Foundation and Texas A&M University-Texarkana
Alumni Association are not controlled by the institution, but have contractual
agreements that accurately describe the relationship between the institution
and the foundation/association, and liabilities associated with that
relationship. Each relationship is consistent with A&M-Texarkana’s mission.
Statement
of Rationale for Judgment of Compliance
The
Texas A&M University-Texarkana Foundation is not controlled by the
institution, but has a contractual agreement (Memorandum of Understanding
(MOU)) that accurately describes the relationship between the institution
and the foundation. This memorandum of understanding is
updated periodically and is in compliance with Texas
Government Code that requires a state agency for which a private
organization exists that is designated to further the purposes and duties of
the agency, to adopt rules governing the relationship between the organization
and the agency. Texas A&M
University-Texarkana and the Texas A&M University-Texarkana Foundation are
also in compliance with
Furthermore
the MOU describes liabilities associated with that relationship in section
10.0, “Indemnification,” located on page 10. Each party, to the extent of
the laws of the State of Texas, “indemnifies and holds harmless the other party, its
governing board, officers, employees, agents, and students in their official
and individual capacities, from and against any and all claims, damages,
liabilities, expenses, demands, and judgments, including court costs and
attorney’s fees, arising out of the party’s performance of this Agreement,
except for injury or damage caused by the sole negligence of the other party.”
The
relationship between A&M-Texarkana and the Foundation is consistent with
A&M-Texarkana’s mission. The mission
states in paragraph one sentence two that “A&M-Texarkana offers a broad
array of undergraduate and an increasing number of master’s level programs and
is committed to meeting the educational needs of its students” and in paragraph
two sentence two “…higher education should be accessible for all qualified
students, emphasizing the importance of cultural diversity in the learning
environment.” The MOU states in section
1.0 Foundation Support of TAMU-T - “The Foundation’s sole purpose is to provide
support to Texas A&M University-Texarkana.” It further states (in section
1.1) that the Foundation will raise, receive, invest, and administer funds for
TAMUT to use for its charitable and educational purposes;(in section 1.2)
assist in fund raising activities and development of programs for the benefit
of Texas A&M University-Texarkana; (in section 1.3) solicit funds for the
purchase of equipment, supplies, faculty travel, support of research, funding
faculty chairs, student scholarships, support other educational, research,
cultural, scientific, public service, and charitable activities; and (in
section 1.4) perform other acts as deemed appropriate in carrying out the
mission of the university.
The
Texas A&M University-Texarkana Alumni Association is not controlled by the
institution, but has a contractual agreement (Memorandum of Agreement
(MOA)) that accurately describes the relationship between the institution
and the alumni association. This memorandum of
understanding is also updated periodically and is in compliance with Texas
Government Code. The MOA on page 1 paragraph one sentence one states
that Texas A&M University-Texarkana Alumni Association is independent of
TAMU-T. Paragraph two states that the unique relationship of supporting the
mission and goals of TAMU-T has been made. The means to support the mission is
outlined in Sections II (page 2) and III (page 3) of the document.
Section
IV (page 3) reflects that no monetary consideration will be paid by either
TAMU-T or Association to the other, resulting in no liabilities.
Organizational
unit responsible for this requirement: Office of the President