Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-15 - HIPAA Organizational Structure; Fraud, Waste and Abuse; Compliance and Confidentiality of Patient Information › Section 3364-15-19 - Foreign gifts and contracts reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy
			 statement
The university receives Title IV
				federal student aid. Section 117 of the Higher Education Act (HEA) of 1965 (
				20 U.S.C.
				1011f ) requires higher education
				institutions that receive Title IV federal student aid to submit disclosure
				reports to the secretary of education about gifts received from any foreign
				source, contracts with any foreign entity, and any ownership interest in, or
				control over the higher education institution by a foreign entity of which the
				aggregate value is two hundred fifty thousand dollars or more. Whenever it
				appears that an institution has failed to comply with the requirements of this
				chapter, including any rule or regulation promulgated under this chapter, a
				civil action may be brought by the attorney general.
This policy implements the requirements
				of Section 117 of the Higher Education Act of 1965,
				20 U.S.C.
				1011f, which requires the university to
				disclose gifts, contracts, and/or restricted and conditional gifts or contracts
				from or with foreign sources (section 117 transaction) to the U.S. department
				of education (department). University departments involved in a section 117
				transaction must report these transactions semi-annually to the university
				internal audit and compliance office as described in this policy.
(B)
								Purpose of policy
To ensure compliance with section 117
				of the Higher Education Act.
(C)
								Scope
Each department at the university of
				Toledo is responsible for identifying and reporting gifts received from any
				foreign source, contracts with any foreign entity, and any ownership interest
				in, or control over the higher education institution by a foreign entity. The
				department will ensure that all the required information to complete the Higher
				Education Act section 117 report is recorded and submitted to the university
				internal audit and compliance office on a semi-annual basis. The vice president
				of the applicable department's division will serve as the signing authority in
				attesting to the gifts and contracts reported from foreign sources, and all
				signing authorities accepting contracts and/or gifts are expected to report
				completely and in a timely manner. The executive director of internal audit and
				chief compliance officer will be responsible for the semiannual reporting of
				these gifts and contracts.
Each department should retain the
				following information in the event there is a need to produce additional
				information later: department/individual recipient, principal investigator's
				name/contact, agreement number, sponsor name, sponsor address, and project
				title.
Since the aggregate threshold of two
				hundred fifty thousand dollars may be triggered by a combination of gifts or
				contracts from a single foreign source, and that such gifts or contracts (or
				information about those transactions) may be administered in a number of
				departments within the university, the internal sudit and compliance office
				shall review the semi-annual submissions and report any gifts that exceed the
				aggregate threshold for all foreign source contracts and gifts received. The
				relevant offices may include but are not limited to: research and sponsored
				programs (including any office responsible for receiving sponsored research
				agreements, industry contracts, and clinical trial contracts); finance and
				administration; technology transfer and licensing; development/ institutional
				advancement; university of Toledo foundation; study abroad; financial aid;
				facilities and construction; and all corresponding offices at the university of
				Toledo medical center. The relevant period for retention is the university's
				standard retention schedule.
HEA section 117 reports are due twice
				per calendar year: January thirty-first (covering the previous July first -
				December thirty-first period) and July thirty-first (covering the previous
				January first - June thirtieth period). A school must report information by
				January thirty-first or July thirty-first (whichever is sooner) after the date
				of receipt of the gifts, date of the contract, or date of ownership or control.
				To facilitate internal audit and compliance's aggregation and preparing to file
				the federal report, departments must submit all disclosures by January
				fifthteenth (for the previous July first - December thirty-first period) and
				July 15 (for the previous January 1-June 30 period).
(D)
								Definitions
(1)
									Contract: any
			 agreement for the acquisition by purchase, lease, or barter of property or
			 services by the foreign source, for the direct benefit or use of either of the
			 parties.
(2)
									Foreign source
(a)
										A foreign
			 government, including an agency of a foreign government.
(b)
										A legal entity,
			 governmental or otherwise, created solely under the laws of a foreign state or
			 states.
(c)
										An individual who is not a citizen or a national of the
			 United States or a trust territory or protectorate thereof.
(d)
										An agent,
			 including a subsidiary or affiliate of a foreign legal entity, acting on behalf
			 of a foreign source.
(3)
									Gift: any gift of
			 money or property.
(4)
									Institution: any institution, public or private, or, if
			 a multi-campus institution, any single campus of such institution, in any
			 state, that:
(a)
										Is legally authorized within such state to provide a
			 program of education beyond secondary school.
(b) Pprovides a
			 program for which the institution awards a bachelor's degree (or provides not
			 less than a two-year program which is acceptable for full credit toward such a
			 degree) or more advanced degrees.
(c)
										Is accredited by
			 a nationally recognized accrediting agency or association and to which
			 institution federal financial assistance is extended (directly or indirectly
			 through another entity or person), or which institution receives support from
			 the extension of federal financial assistance to any of the institution's
			 subunits.
(5)
									Restricted or conditional gift or contract: any
			 endowment, gift, grant, contract, award, present, or property of any kind which
			 includes provisions regarding:
(a)
										The employment, assignment, or termination of
			 faculty.
(b) Tthe establishment of departments, centers, research or
			 lecture programs, or new faculty positions.
(c)
										The selection or
			 admission of students.
(d)
										The award of grants, loans, scholarships, fellowships,
			 or other financial aid restricted to students of a specified country, religion,
			 sex, ethnic origin, or political opinion.