New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter A - Regulations of the Board of Trustees › Part 302 - Tuition, Fees and Charges › Section 302.14 - Student activity fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Referendum.
				  Prior to the close of the academic year 2004-2005 and every two years
				  thereafter, the student body (or such components thereof as may be designated
				  by the chief administrative officer, or designee) at each State-operated campus
				  shall determine by referendum whether student activity programs shall be
				  supported by either voluntary or mandatory student fees. Such referendum shall
				  be held on the same day as the annual elections for officers of the
				  representative student organization or organizations (hereinafter referred to
				  as "student government"). The determination resulting from each referendum
				  shall remain in force for a period of two academic years, except that at any
				  time and from time to time within such two-year period a subsequent referendum
				  held in accordance with the constitution and by-laws of the student government
				  may effect a change in this determination with respect to the following
				  academic year.
(b) Voluntary fees.
				  Where students at a State-operated campus have determined to make the payment
				  of student activity fees voluntary, the student government shall be responsible
				  for the collection, appropriation and disbursement of such fees subject to the
				  permitted uses authorized in paragraph (c)(3) of the Board of Trustees' Policy.
				  With the approval of the chief administrative officer, or designee, personnel
				  or facilities of the campus, or both, may be used in connection with the
				  collection of such fees on behalf of the student government provided that the
				  collection of voluntary student activity fees is clearly distinguished from the
				  collection of required university fees.
(c) Mandatory fees. Where students at a
				  State-operated campus have determined to make the payment of student activity
				  fees mandatory, the appropriation, collection and disbursement of such fees,
				  whensoever collected, shall be governed by the following regulations:
(1) Preparation and certification of the
				  budget.
(i) The student government shall
				  prepare and approve a budget governing expenditures from student activity fees
				  in accordance with the constitution and by-laws of the student government, and
				  consistent with the principles of equal opportunity and viewpoint neutrality,
				  prior to registration for each academic year. The constitution and by-laws of
				  such student government shall specify the criteria governing eligibility for
				  funding of and allocations to student organizations from student activity fees.
				  While referenda of the student body may not be used to help determine specific
				  allocations to particular student organizations, mechanisms such as polls or
				  surveys may be used to ascertain student interest and participation in programs
				  or events. Allocations included in the budget shall fall within programs
				  defined in paragraph (3) of this subdivision. The approved budget shall
				  thereafter be presented to the chief administrative officer prior to the
				  registration for each academic year for review and certification that the
				  allocations from the fee and any proposed sources of revenue are in compliance
				  with the provisions of paragraph (3) of this subdivision. Upon determination by
				  the chief administrative officer, or designee, that the approved budget is in
				  compliance with these regulations, he or she shall so certify, and such
				  certification shall authorize the collection of the fee at
				  registration.
(ii) Appeals. In the
				  event that the chief administrative officer, or designee, concludes that a
				  particular proposed allocation included in the budget may not be in compliance
				  with the provisions of this Part, he or she shall refer such proposed
				  allocation to a campus review board composed of eight members of whom four
				  shall be appointed by the student government and four appointed by the chief
				  administrative officer, or designee. The campus review board shall study the
				  proposed allocation and make a recommendation to support or not to support it.
				  The chief administrative officer, or designee, shall thereafter make the final
				  decision. Any proposed allocation which is determined not to be in compliance
				  with the provisions of these regulations shall be excluded from the
				  budget.