- 1.0 Purpose
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This policy describes how various types of Academic Services are classified
and paid by the University. This policy applies to University of Virginia employees, special
program participants and individuals affiliated with the University of Virginia who
need to acquire and obtain payment for academic services.
- 2.0 Policy [Top]
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2.1 Academic Services -- General Information
Users of Academic Services are granted greater leeway in the acquisition
of these services in recognition of the specialized needs associated
with research and instruction. The services provided may or may not
be for consulting. The provider of these services may be either for-profit
or not-for-profit, an individual or a firm. The services may be contractual
or non-contractual. The provider of these services must NOT be an
employee of the University and individual persons providing these
services must meet the University's criteria for defining an Independent
Contractor. Requisition of academic services, like all University
contracts and transactions, shall comply with the requirements of
the Virginia State & Local Government Conflict of Interest Act
(VA Code Section 2.2-3100, et seq).
Academic Services, for which payment is required and predetermined,
should be distinguished from services for which payment is
not required, which can be rewarded with an honorarium.
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2.2 Examples of Academic Services
Academic Consulting
An individual serving in an advisory or consulting capacity with
a University professor or employee for purposes directly relating to the
instruction of students, such as research or course design.
(This arrangement should be distinguished from one in which an
individual performs services for a University professor or employee
while the University professor or employee acts in a
supervisory capacity. Such an individual should be paid
as an employee, not as an independent contractor.)
Short-Term Instruction
- Provides a course in duration of no greater than seven calendar days.
- The course is a one-time presentation only.
- Students will not receive University credit for attending the course/presentation.
- The course is offered by the same provider to other agencies or institutions.
Non-Teaching Assistance
Services such as grading papers or academic testing.
Activities must relate directly to the instruction of
students, and the same or similar services must be offered by the service provider to the
other entities or the general public as part of a trade or business.
Translation
Must be for the translation of material used in research or classroom instruction.
Translation may be into or from a foreign language or to provide access
to hearing or sight impaired students or employees.
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2.3 Acquisition and Payment -- Academic Consulting and
Short-Term Instruction Services
For Academic Services for Consulting and Short-Term Instruction ONLY, as defined above:
- Services may be obtained by the department and paid with
a Payment Voucher when the services do not require the signing of a contract
and will cost less than $10,000 in any 12-month period.
- The department cannot make the purchase directly but must submit a
Purchase Requisition when services require the signing of a contract or
cost $10,000 or more within any 12-month period.
Sole Source Justification may be used when applicable.
- Providers must be properly certified as Independent
Contractors on the appropriate form in order to be paid.
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2.4 Acquisition and Payment -- All Other Academic Services
For all types Academic Services other than Consulting and Short-Term
Instruction, as defined above, acquisition and payment are
treated no differently than other types of services, and
must be processed under the current guidelines for competition, using either a
Limited Purchase Order or a Purchase Requisition.
Pre-payments for Academic Services are not permitted.
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3.0 Definitions
[Top]
- "Academic Services" -- Services for which payment is required at a
pre-determined rate, that are provided by a non-employee, and that are
directly related to the classroom instruction of students.
- "Consulting Services" -- Advice or assistance of a purely advisory
nature provided for a predetermined fee to an agency by an outside
individual or entity. Individuals providing consulting services must
always meet the criteria defining an Independent Contractor.
- "Contracted Services" -- Work to be performed under
contract by an independent individual or entity where
the service does not consist primarily of the acquisition of goods.
- "Independent Contractor" -- An entity or individual who has entered
into a contractual agreement to provide goods or services to
the University, and meets the following criteria.
- Is not currently an employee of the University
- Has no expectation of becoming an employee at the end of contractual service
- Did not have an official UVA appointment within the three months prior
to the commencement of the contractual service
- Relied or will rely upon own expertise rather than following specific instructions
from the department regarding performance of the required work
- Performed the work to the specifications of, but not under the
direction of, a University employee or student
- Did not have the required number of work hours and/or days of the week set by the University.
- "Employee" - A person appointed through University Human Resources and paid through
University payroll to perform services through the University, who performs
services that are subject to the will and control of the University --
both what is done and how it is done. The University's right to control,
not the exercise of that right, is a key factor. The University can allow
the employee considerable discretion, so long as the University has the legal right to control
both the methods and results of the services.
- "Honorarium" -- A token of appreciation paid to an individual
for services performed for which payment is not required. The
services involved vary, but are generally associated with
oral presentations made at University sponsored functions.
The arrangement between the individual and the University
is informal. It does not involve a contract, and invoicing
is not required. An employee may not receive an honorarium.
- 4.0 References [Top]
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Procedures:
Related Policies -- For information regarding
independent contractors, honoraria, and payments to foreign nationals, please see:
- 5.0 Approvals and Revisions [Top]
This material was addressed previously in "Consulting - Policy:
VI.G.4" in effect from 7/1/01 to 4/8/04, available
in policy archive.
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