University of Wisconsin - Whitewater Segregated University Fee Allocation Committee (SUFAC) POLICIES AND GUIDELINES 1. SUFAC decisions must occur in a viewpoint neutral manner. When a University requires student fees and creates the mechanism (SUFAC) for extracurricular speech, it (the University and SUFAC) may not prefer some viewpoints to others. The operational principle of viewpoint neutrality is the justification for requiring the student to pay the fee in the first instance and for ensuring the integrity of the program’s operation once the funds have been collected (and allocated by SUFAC and WSG). From the Board of Regents of UW-System vs. Southworth. US Supreme Court 2000. (Parentheses added.) 2. Allocable student fee monies can only be spent for items allowed in the UWS Policy Papers and budget items approved by SUFAC in individual budgets. Allocable student fee monies cannot be used for purchasing tobacco or other controlled substances. Alcohol purchases must be approved by SUFAC prior to the event and is limited to contractual obligations for performers. 3. The following organizations may not be funded by Segregated Fees: A. Those that restrict membership, including but not limited to the following ways: 1. Academic status 2. Major and/or minor 3. Sex, race, religion, color, creed, national heritage, age, marital status, sexual preference, income level or source and handicap B. Social fraternities or sororities C. Honorary professional, or academic related organizations 4. The following organizations may not be funded by Segregated Fees: SUF funded programs are required by the University of Wisconsin System policy to operate within institutional approved budgets annually, and deficit spending of accounts is not permitted. Any UW-Whitewater SUF-funded program that overspends their account during any fiscal year will have that amount in allocation (cash) and expenditure authority removed from their following year budget. A revised budget may be required for the SUF funded organization to match the reduced allocation and spending authority. Any SUF funded organization that overspends budgets two years in succession may be required to meet with SUFAC to develop sound fiscal management practices for the program. SUFAC may, with the concurrence of the WSG Senate, impose more punitive fiscal measures on the SUF program. 5. Contingency/Capital Fund Allocation Approvals SUFAC will review (as time permits) requests for allocations from the Contingency/Capital Fund as forwarded by the appropriate organization/units. SUFAC recommended allocations from the Contingency/Capital Fund will be forwarded to the WSG Senate for information and/or review at the next scheduled WSG Senate meeting. Any action that the Senate may wish to take on the proposed allocation must be concluded at the meeting and forwarded immediately therefrom. No action on the part of the Senate at that meeting will result in the SUFAC motion being forwarded directly. 6. SUFAC actions are reported to the WSG Senate. A 2/3 vote of the WSG Senate is required in order to change an allocation recommendation of SUFAC. 7. SUFAC will create a detailed record of all student fee funding deliberations. 8. To be eligible to file an appeal of a proposed allocation, a representative of the organization must have attended the SUFAC budget deliberations of the organization. 9. Student organizations which are denied funding will be provided, upon written request, a written statement of reasons for denial. 10. SUFAC reserves the right to deny requests or place conditions (stipulations) on expenditure of allocations. 11. Individual organization allocable student fee monies from one fiscal year will not be carried over into another fiscal year without SUFAC consent. Carryover balances under $100 will automatically be carried over. A revised budget may not be required. 12. Intercollegiate Sports budgets submitted to SUFAC beginning with 1992-93 must be in compliance with Title IX and the Civil Rights Restoration Act. 13. Segregated Fees may not be used to support any homecoming activities. (Exception: Homecoming Steering Committee.) 14. Food/Beverage costs can be paid from SUFAC allocations when specifically requested in the budget and approved by SUFAC. (Please indicate if it is a reception, a meal, or an entertainment contract.) 15. Organizations are not allowed to give SUFAC funds to other organizations, without the approval of SUFAC. 16. For all SUF funded events, organizations must initially use generated revenues to reimburse the SUF account. Any other revenues are available to the organization for their own use (F20). 17. Organizations receiving SUF monies should keep records, documents, and receipts for possible audits. 18. Organizations are encouraged to publicize the SUF fee fiscal support of activities through notation on publicity for events. 19. The following requests are due by specified annual date. Late requests may result in denial of funding. A. Annual Budget Requests B. Carryover Requests 20. Any member who has more than two unexcused absences may be brought up for removal by the Chair. Removal is by majority vote of SUFAC. 21. SUFAC reserves the right to change funding policies at any time. Approved 7/09/86 Revised 5/01/89 Revised 3/11/91 Revised 3/15/93 Approved 4/01/93 Policy #13 Approved 11/27/95 Approved 12/18/95 Approved 4/18/02 Amended 11/02 Amended 04/06 Assistant Chancellor for Student Affairs Whitewater Student Association Whitewater Student Association Whitewater Student Association Chancellor Greenhill WSG Chancellor Greenhill SUFAC Appeals Process Approved, Assistant Chancellor for Student Affairs **Exceptions to any of these policies must be specifically approved by the Segregated University Fee Allocations Committee University of Wisconsin - Whitewater Segregated University Fee Allocation Committee (SUFAC) Overdraft/Misuse Policy 1. SUFAC may take the following actions if an organization has spent more than their allowed budget at the end of the fiscal year: a. SUFAC will perform an in-house audit of the organization during the following fall semester. b. The organization may be requested to appear before SUFAC with their financial documentation. 2. If SUFAC determines that expenditures made above budgetary limits by an organization were not legitimate, the following actions may be taken, but are not limited to: a. The amount of money overspent may be deducted from current allocation budget. b. SUFAC may choose to deny funding for the next fiscal year. University of Wisconsin - Whitewater Segregated University Fee Allocation Committee (SUFAC) Contingency – Equipment Fund A. Definition: A fund established which may be used to cover unanticipated expenditures and/or for expansion of programs of currently funded organizations. B. Parameters within which requests would be considered: 1. Unanticipated expenditures: this type of request would be to cover costs associated with programs which were funded but will incur expenses which could not have been anticipated at the time of budget hearings. Such requests will be considered if the request is submitted, if possible, prior to the expenses being incurred. 2. New program and/or expansion of programs: requests for funds to support new programs and/or expansion of existing programs would be considered on the following basis: a. The request is not for reestablishment of funds previously requested and denied b. The request is to fund a new program which is within the purview of the requesting organization. c. The request is for an expansion of existing programs based on identifiable increases in participation and/or needs of the student body. d. Request would allow for a greater increase in participation by a substantially larger number of the student body. C. Definition: The equipment reserve may be used as: 1. A source of funds for a major purchase (equipment or capital), which will benefit the organization or the student body and which may not be the responsibility of a single funded organization 2. A financial reserve for the management of organized activities (one-time funding of large capital items). D. Parameters for expenditure of funds: 1. Requests should be submitted to the SUFAC Advisor. 2. New allocations to the Organized Activity Equipment Fund must be agreed upon by the Allocations Committee and recommended to the Student Government for approval in the annual SUFAC process. University of Wisconsin - Whitewater Segregated University Fee Allocation Committee (SUFAC) Appeal of Student Fee Funding Decisions I. Purpose: The University of Wisconsin-Whitewater Segregated University Fee Allocation Committee (SUFAC) hereby establishes an appeal process within student government for the review of student fee funding decisions in accordance with the University of Wisconsin System Administration, Financial Administration, Segregated University Fees (F50) policy, Section II(A)(6)(e). In accordance with Section II(A)(6)(e), a process is hereby developed in student government for the review of student fee funding decisions involving allegations that the decision was based on a student organization’s extracurricular speech or expressive activities in violation of viewpoint neutrality standards. II. Appeal Process: A. First Level of Appeal: Appeals to WSG A recognized student organization (RSO), as a group or individual representative, or a department who believes it has been aggrieved by an allocable student segregated fee funding decision or eligibility decision made by the student government acting pursuant to s. 36.09(5), Wis. Stats., may appeal the decision to the University of WisconsinWhitewater Student Government (WSG) where: 1) The appealing party has exhausted all avenues of appeal available to them through student government’s procedures; and 2) The appeal alleges that the decision was not made in a viewpoint neutral manner as defined in Section II(A)(6)(e) of UW System Policy F50; and 3) The appealing party notifies the WSG speaker of intent to appeal by the Friday at noon prior to the following Monday WSG meeting in which appeals are heard. SUFAC organizations will be notified of the specific dates for notification of the WSG speaker and the WSG meeting in budget decision letters. Upon receipt of an appeal, the WSG will hear the appeal at a regular or special open meeting. All affected parties will be notified no less than five (5) business days prior to such meeting. During the meeting, the appealing party shall present its appeal to the WSG. If the appeal involves a budget allocation decision, the appeal must be based on the identical budget submitted to and considered by SUFAC. Appeals in which the budget documents, line items, or total requested amount are different from what was presented to SUFAC during the formal budget process will not be accepted. If new or modified information is presented by the appealing party, the WSG may reject the appeal and remand the issue back to the SUFAC for further consideration. In any event, the WSG may either accept, reject or modify the SUFAC’s original decision by a vote of 2/3 of the members present at the meeting, and where quorum has been met. B. Second Level of Appeal: Appeals to the Chancellor Upon the issuance of the WSG decision, the appealing party may appeal the WSG’s decision to the UW-Whitewater Chancellor in the following manner: 1) The appeal must be in writing (hand or electronically delivered) and submitted to the Chancellor’s Office within five (5) business days of the date the student government’s appeals process is exhausted and the pertinent student government body has formally communicated its final decision; and 2) The appealing party must demonstrate that the group has exhausted all avenues of appeal available to them through student government’s procedures; and 3) The appealing party must state with specificity the basis for the claim that the allocable funding decision and/or eligibility decision was based on the RSO’s speech or expressive activities which resulted in a violation of the requirement that student fees be allocated in a viewpoint neutral manner. If the appeal fails to meet all of the conditions above, the WSG decision will be considered final. If the written appeal meets all of the conditions above, the Chancellor shall review the matter on the existing record1 and shall issue a written decision within 30 days of the receipt of the appeal. If the Chancellor chooses to appoint a designee to lead the review of the matter, the Chancellor shall notify the appealing group and the student government of that individual’s name. Any meetings to discuss the issue shall be initiated by the Chancellor or his or her designee and shall be held at the Chancellor’s discretion and under his or her direction. The Chancellor or his or her designee may request additional documentation or materials any time, and those materials shall be provided in their entirety without delay. 1 Existing record is comprised of the official documentation related to the funding decision and the appeal of that decision to date. While an appealing party may submit information beyond what is the minimum as outlined in section 3, the Chancellor’s review shall be based on the existing record. An appeal to the Chancellor is governed by different rules than the student government appeal processes and is not an opportunity for a new eligibility or budget hearing. Appealing parties should not expect, request, nor attempt to submit briefs or to present information to the Chancellor or his or her designee outside of the formal process. Upon review of the appeal, the Chancellor may affirm, deny or change the decision of the WSG (or SUFAC). If the Chancellor’s decision involves a denial or change in the allocable fee budget, it must be based on a substantial factor (i.e. are there significant policy or management reasons for differing from the SUFAC or WSG’s decision) or address a violation of statute, administrative code, policy or contract. The Chancellor’s decision shall be submitted to the WSG and SUFAC in a timely manner. If the Chancellor’s decision results in a modification to the SUF budget, the Chancellor shall discuss said changes with SUFAC and WSG prior to forwarding the institution's budget to System Administration and the Regents. The Chancellor’s decision shall be final unless the matter is brought to the Board of Regents in accordance with Regent Policy Documents 30-3 and 30-5. III. Record of Policy and Notification Requirements: This policy is created and maintained by the Office of the Chancellor. Its provisions are binding on all students, recognized student organizations, and the UW-Whitewater student government. This policy should be communicated annually to student government leaders and the leaders of registered student organizations as part of their training materials. As of the time of writing, student organizations have no individual right to appeal to the Board of Regents. Such appeals may be brought by the student government. Questions regarding appeals at any of the three levels can be directed to the Assistant Vice Chancellor for Student Affairs. Revised and Approved by SUFAC 9/20/13 Reviewed and Approved by Chancellor Richard Telfer 10/11/13 University of Wisconsin - Whitewater Segregated University Fee Allocation Committee (SUFAC) Non-Allocable Fee Policy I. Purpose: In accordance with Wis. Stat. §36.09(3), UW-System, Financial Administration, Segregated University Fees - F50 and Regent Policy 30-5, this policy provides the process under which nonallocable fees will be developed, reviewed and approved. Pursuant to Wis. Stat. §36.09(3), chancellors, following consultation with students in accordance with Regent Policy 30-5, as amended, are responsible for the development of budgets and expenditures of non-allocable SUF.” (UW-System, Financial Administration, Segregated University Fees – F50) Non-allocable segregated university fees (SUF) are those SUF that are used to support long-term commitments for fixed financial obligations, ongoing operating costs of university owned or controlled buildings, and similar commitments for student unions, health centers, child care centers and recreational sports centers. II. Development, Review and Approval of Non-Allocable Fee budgets: A. The ongoing University of Wisconsin–Whitewater non-allocable fee budgets are identified as Organized Activities, Athletics, Intramurals, Children’s Center, Municipal Services, Textbook Rental, Health Center, University Center, Career and Leadership Development, and Outdoor Facilities and Fields. These fee budgets are reviewed in accordance with the process outlined herein. Additional bonded project budgets and fee schedules are also considered non-allocable. Municipal Services is a state mandated fee paid to the City of Whitewater by the Wisconsin Department of Administration (DOA) for partial reimbursement for police and fire protection services provided to the UW-Whitewater campus community. B. Non-allocable budgets are developed in accordance with guidelines, timelines, and thresholds provided by the UW-System Budget Office each January. 1. The Chair and Vice-Chair of SUFAC and the WSG President will be invited to participate in each of the non-allocable context meetings and budget presentation meetings, based on scheduling needed to meet campus and system deadlines. The presentations will be made to the Vice-Chancellor and Assistant Vice-Chancellor for Student Affairs by the respective Program Directors. The Chair or Vice-Chair of SUFAC, or WSG President will be given a reasonable opportunity to ask questions pertaining to any of the non-allocable budgets during the appropriately scheduled budget presentations. 2. The Chair and Vice-Chair of SUFAC will be responsible for communicating the non-allocable budget process to SUFAC members and WSG. 3. The non-allocable segregated fee schedules will be developed by the UWWhitewater Budget Office for presentation to the Chancellor by the ViceChancellor of Students Affairs in March of each respective year. The Chair and Vice-Chair of SUFAC and the WSG President will be invited to participate in this presentation. 4. Non-allocable fund receiving programs/departments are expected to demonstrate student input during the budget process (e.g., University Center Board, Student Health Advisory Committee). Revised and Approved by SUFAC 9/20/13 Reviewed and Approved by Chancellor Richard Telfer 10/11/13