Policy 546: Use of University Property

Category: Operating Policies
Subcategory: General
Covered Individuals: University Employees, Students, and Volunteers
Responsible Executive: Vice President of Finance and Administrative Services
Policy Custodian: Finance and Administrative Services, Vice President of Finance and Administrative Services
Last Revised: 2023/06/14
Previous USU Policy Number: 344
Download the PDF File for Policy 546

546.1 PURPOSE AND SCOPE

The purpose of this Utah State University (“USU”) Property Policy (“Policy”) is to set forth overarching principles and an operating framework to ensure that all University Property is maintained, safeguarded, and used appropriately.

546.2 POLICY

2.1 Use and Care of University Property Generally

2.1.1 Care, Maintenance, and Use

Each USU employee, student, or volunteer shall care for and properly maintain any University Property over which they have Stewardship. Stewardship over University Property may be (i) assigned by the supervisor of an employee, student, or volunteer; (ii) designated or implied in the role statement or job description of an employee; or (iii) assumed by an employee, student, or volunteer who uses or takes control over University Property. Normal wear and tear of University Property is expected. When using University Property, employees, students, and volunteers shall do so in keeping with the designed use, construction, intended application of the property, or as set forth by applicable federal or state regulations.

2.1.2 Inventory

Each department is responsible for maintaining inventory practices of University Property under Stewardship of department employees to ensure compliance with this Policy and other applicable requirements, procedures, or policies (e.g., Utah System of Higher Education R572, Noncapital Asset Inventory and Tracking, and USU Controllers Office Procedures).

2.1.3 Safety

Employees, students, and volunteers must use University Property in a safe and prudent manner and comply with USU Policy 337: Safety and Health, and any other policy or established procedure associated with the specific University Property being used.

2.1.4 Security

University Property shall be secured in keeping with USU policy, established procedure, and any applicable federal or state regulations associated with the specific University Property. The USU employee, student, or volunteer who has Stewardship over a particular University Property shall be responsible to secure and safeguard the property in keeping with this Policy.

2.1.5 Loss

Any loss, damage, or theft of University Property must be reported to the supervisor of the employee, student, or volunteer with Stewardship. The USU Police Department should be promptly notified regarding the theft or suspected theft of University Property. Insurance claims and questions related to lost, stolen, or damaged University Property should be coordinated with the Office of Risk Management.

2.1.6 Storage and Disposal

Storage and disposal of University Property, as applicable, shall be in accordance with USU Policy 503: Storage and Disposal of (Non-hazardous) University Equipment, Materials and Supplies. When considering disposal of University Property subject to Export Control Regulations, individuals must coordinate with the Office of the Vice President for Research (see also, USU Policy 588: Research Data and https://research.usu.edu/compliance/export).

2.1.7. Transfer

The transfer (including both transfers of title and/or lending property) of University Property to any party outside of USU must be memorialized in a written agreement made in keeping with USU Policy 528, Contract Signature Authority and Delegation. University Property subject to Export Control Regulations may only be transferred after the transfer has been evaluated and approved by the Office of the Vice President for Research. USU researchers should coordinate with the Office of the Vice President for Research when conducting research involving export-controlled University Property (see also, USU Policy 588: Research Data).

2.1.8 University Property Off Campus, Telework, and Travel

Except as provided in this policy or in applicable procedures, University Property must remain on the University Campus or within the custody of USU’s employees, students, or volunteers while performing their respective employment or volunteer responsibilities and roles. When performing telework, University Property shall be used in accordance with USU Policy 330: Telework. University Property used during international travel shall be used in accordance with USU Policy 536: International Travel.

2.1.9 Compliance with the Law/Penalties

Employees, students, and volunteers must comply with all applicable USU and State of Utah policies and all federal and state laws relating to the use, care, maintenance, storage, disposal, etc. of University Property or may be subject to criminal penalties (e.g., Utah Code 76-8-402, Misusing public money or public property) (see also, Utah Code 67-16, Utah Public Officers’ and Employee’s Ethics Act; Utah Code 53B-7-106, Personal use expenditures for officers and employees of institutes of higher education).

2.2 Personal Use of University Property

2.2.1 Standards and Exceptions

University Property may only be used for USU business except as provided below:

  1. De Minimis and Incidental Use. University Property may be used by an employee for personal use when such use is de minimis and incidental, as defined herein. A “de minimis use” is a use of University Property that, after considering the frequency and circumstances of the use, is so small that accounting for the use would be unreasonable or administratively impracticable. An “incidental use” is a use of University Property that accompanies, derives from, or is related to USU’s intended public purpose of the University property but is not a major component thereof. De minimis and incidental uses are infrequent, do not interfere with the performance of official duties, are brief in duration, and do not result in personal gain (e.g., for profit side business). For a use of University Property to qualify as de minimis and incidental, USU must receive a value from the primary use that substantially outweighs any personal benefit received by the user from the associated personal use. Permitted de minimis and incidental uses under this section exclude uses that (i) expose the University Property, USU, or USU’s employees, students, or volunteers to any undue risk, liability, or burden; (ii) disrupt USU activities; (iii) create or involve a conflict of interest (see USU Policy 545: Individual Conflicts of Interest); or (iv) are specifically prohibited by law.
  2. Approved Use. University Property may be used by an employee for personal use when approved by the person with Stewardship over the specific University Property and that steward’s supervisor in keeping with an applicable department’s adopted practices and processes, which in turn must follow the law, the Utah System of Higher Education Policies, and other USU Policies. Departments may adopt practices that require approval for uses that would otherwise qualify as de minimis and incidental uses.
  3. Contracted Use. Access to University Property may be contracted between an employee (or any third party) and USU after arms-length negotiations and the entering into of a written agreement made in keeping with USU Policy 528: Contract Signature Authority and Delegation. Any such use must comply with the law and be evaluated in keeping with USU Policy 545: Individual Conflicts of Interest.

2.2.2 Expenses and Benefits

Any expenses (other than de minimis expenses) incurred by USU for permissible personal uses must be reimbursed (e.g., repair costs, etc.) and might also be a taxable benefit in keeping with established IRS guidelines. Any use of University Property in connection with an employee’s approved consulting services (see USU Policy 377: Consulting Service), must be approved in writing by the employee’s supervisor.

2.3 Use and Care of Specific Categories of University Property

2.3.1 Offices and Facilities

USU facilities and buildings are to be used for university business. Assigned spaces should be maintained in good order. For more information on office and facility usage or facility access, see USU Policy 520: Building Access Control and USU Policy 525: Energy Conservation and Emissions Reduction Policy. Any usage of USU facilities by an outside party must follow appropriate event/meeting scheduling and contracting procedures.

2.3.2 Office Electronics

Office Equipment (printers, copiers, scanners, displays, telephones, etc.) are to be used for conducting USU’s business in keeping with this Policy. For more information regarding the use of computer and electronics, see USU Policy 550: Appropriate Use of Computing, Networking, and Information Resources, USU Policy 518: Cell Phones, USU Policy 525: Energy Conservation and Emissions Reduction Policy.

2.3.3 Software

Software purchased with USU funds is to be used in keeping with the associated software-user agreement.

2.3.4 Animals

Administration of USU-owned Animals must be in accordance with USU Policy 585: Animal Care and Use.

2.3.5 Vehicles

Vehicles must be administered in accordance with USU Policy 514: Vehicle Use Policy.

2.3.6 Heavy Equipment and Farm Equipment

Heavy Equipment and Farming Equipment must be serviced and maintained in keeping with the manufacturer’s recommended hourly maintenance schedules for the specific item of Heavy Equipment or Farming Equipment.

2.3.7 Artifacts and Specimens

Artifacts and Specimens must be cared for and managed in accordance with best practices for preservation, display, and exhibition.

2.4 Non-University Property

2.4.1 Federal Property

Unless otherwise provided for in an associated grant or contract, Federal Property shall be cared for and maintained as if it were University Property in keeping with this Policy and related procedures. Any additional standards of care or maintenance outlined by the Federal Government shall apply.

2.4.2 Personal Property

Personal property of USU employees, students, or volunteers should not be mingled with University Property or kept/stored within or on USU’s facilities, except as may be reasonably expected for office use (e.g., office decorations). USU is not responsible for loss, liability, or damage to the personal property of its employees, students, or volunteers.

2.4.3 Third-Party Property

Property owned by third parties should not be mingled with University Property or kept/stored within USU’s facilities, unless specifically permitted and approved through a contract between USU and a third party. Third party property that is kept/stored within USU’s facilities must be cared for in keeping with the terms of the applicable contract.

2.5 Non-compliance

A USU employee’s failure to comply with this Policy may result in notation of such failure in performance reviews, removal or reassignment of job responsibilities, corrective and/or disciplinary action up to and including termination, and criminal or civil prosecution under applicable state or federal law (see Utah Code 76-8-402, Misusing public money or public property).

546.3 RESPONSIBILITIES

3.1 Deans and Vice Presidents

USU deans and vice presidents are responsible for ensuring their unit’s compliance with this Policy. USU deans and vice presidents are also responsible for ensuring that specific procedures and training are developed and implemented for University Property managed, purchased, or otherwise housed within their unit that is not otherwise addressed by existing institutional procedures or training resources.

3.2 Department Heads and Directors

Department Heads and Directors are responsible for (a) complying with this Policy and all applicable procedures and (b) ensuring that this Policy and any applicable procedures are communicated and understood by the employees, students, and volunteers that report to them.

3.3 Supervisors

Supervisors are responsible for managing the use of University Property by employees, students, or volunteers that report to them. Supervisors should evaluate potential misuse of University Property by an employee, student, or volunteer and take appropriate and professional corrective action, which could include, but is not limited to, notation of misuse of University Property in performance reviews, removal of University Property Stewardship responsibilities, removal of access to University Property, termination of employment (in the case of employees), or termination of the volunteer relationship (in the case of volunteers).

3.4 Employees

A USU employee with Stewardship over University Property shall be responsible for said property. Failure of a department to provide supplemental practices or procedures does not excuse a USU employee with Stewardship over a particular University Property from complying with this Policy or from executing reasonable judgement to ensure that the University Property is maintained, safeguarded, and used appropriately. USU employees are responsible for personally complying with applicable law, this Policy, and all other applicable USU policies.

3.5 Volunteers

Volunteers are responsible for complying with this Policy, all applicable published procedures, and all associated directives from their supervisor(s).

3.6 Internal Audit

Internal Audit is responsible for implementing evaluations to ensure compliance with this Policy by deans and vice presidents, departments, supervisors, employees, and volunteers.

3.7 Students

Each student is responsible for personally complying with applicable law, the Student Code of Conduct, this Policy, and all other applicable USU policies.

3.8 Controller’s Office

The Controller’s Office will provide procedures, forms, and processes to assist Department Heads and Directors with their responsibilities to inventory and manage University Property in accordance with this Policy.

546.4 REFERENCES

  • Utah System of Higher Education R558, Surplus Property
  • Utah System of Higher Education R572, Noncapital Asset Inventory and Tracking
  • Utah Code 67-16, Utah Public Officers’ and Employees’ Ethics Act
  • Utah Code 76-8-402, Misusing public money or public property
  • Utah Code 53-7, Utah Fire Prevention and Safety Act
  • Federal Acquisition Regulations (FAR)
  • Government Accounting Standards Board Statements 34, 35 and 87
  • Internal Revenue Service (donations)
  • National Aeronautics and Space Administration (NASA) Grant Handbook
  • Department of Defense (DOD) Manual 4161.2-M, 5000.64
  • Department of Energy (DOE) – Management of Government Equipment in the Possession of Contractors
  • Health and Human Services (HHS) Contractors Guide for Control of Government Equipment
  • OMB Uniform Guidance (2014) Equipment Management Procedures
  • CFR Part 200 Compliance Supplement (2019)
  • International Traffic in Arms Regulations (ITAR)
  • Export Administration Regulations (EAR)

546.5 RELATED USU POLICIES

546.6 DEFINITIONS

Animals means all live vertebrate animals including, but not limited to, mammals, amphibians, fish, birds, and reptiles. Animals specifically include both livestock and laboratory animals.

Artifacts means an object made by a human being, typically of historical, cultural, scientific, academic, or artistic interest. Artifacts include artwork, books, and relics.

Specimen means an individual animal, plant, piece of a mineral, etc. used as an example of its species or type for scientific study or display.

Export Control Regulations means the Export Administration Regulations (15 CFR 730-774) and the International Traffic in Arms Regulations (22 CFR 120-130), as overseen by the Department of Commerce and the Department of State, respectively.

Facilities Equipment means the tools, machines, and implements used to maintain and care for USU’s campus and University Property.

Farming Equipment means farming machines and tools (e.g., tractors, harvester, loading machinery, etc.) used to conduct USU’s business.

Federal Property means property owned or furnished by the federal government or acquired by the USU with federal funds under the terms of a contract or grant for which the federal government retains title.

Furnishings means the furniture and fixtures associated with USU’s offices, facilities, classrooms, laboratories, studios, etc.

Heavy Equipment means heavy-duty Vehicles and equipment, specially designed for executing construction tasks, such as earthwork operations, used to conduct USU’s business.

Laboratory Equipment means laboratory, studio, shop and research tools used to conduct USU’s business, specifically associated with research, teaching, and hands-on learning.

Office Equipment means computers, printers, copiers, telephones, other office electronics, and other office tools, machines, etc. used to conduct USU’s business.

Real Property means land, facilities, or other resources attached to or within the land and improvements or fixtures permanently attached to the land or to a structure thereon.

Stewardship means the responsibility of supervising or taking care of University Property.

Supplies means consumable materials and implements used to conduct USU’s business. Exemplary Supplies include, but are not limited to, paper, toner, fuel, compounds, laboratory chemicals and supplies, any other consumable office or laboratory materials, etc.

University Campus means a USU facility or property, physical or virtual, owned, operated, or controlled by the University, including without limitation University learning management systems, residential campuses, statewide campuses, and University centers across the state of Utah.

University Property means the Animals, Artifacts, Facilities Equipment, Farming Equipment, Furnishings, Heavy Equipment, Laboratory Equipment, Office Equipment, Real Property, Specimens, Supplies, and any other property to which title is vested in USU, whether purchased with USU funds or acquired by bequest or gift.

Vehicles means the automobiles, aircraft, boats, all-terrain vehicles, or other vehicles used to conduct USU’s business.

Information below is not included as part of the contents of the official policy. It is provided only as a convenience for readers/users and may be changed at any time by persons authorized by the President, subject to review by the USU Policy Committee.

RESOURCES

Procedures

Guidance

Related Forms and Tools

Contacts

  • Equipment Management Services, Old Main RM26, 435-797-1846
  • Facilities Customer Service/Key Office
  • Motor Pool/Fleet

POLICY HISTORY

Original issue date: 1997/01/24
Last review date: 2023/06/14
Previous revision dates: 2023/06/14, 1999/07/01, 1997/01/24