Process
1. The Sponsoring Department/Unit Manager completes the SOU Affiliate & Volunteer Request Form and retains the confirmation email for future reference. This receipt will contain detailed information outlining the next steps (Step 3 below), and where applicable after the request is approved by the respective Approving Authority Associate/Assistant Vice President or Director for the Department/Program.
2. Where applicable, the respective Approving Authority Associate/Assistant Vice President or Director receives a notification email to review and approve the request by replying to hrs@sou.edu and the Sponsoring Department/Unit Manager's email addresses.
3. The Sponsoring Department/Unit Manager follows the specifications as outlined in the original confirmation receipt (Step 1 above) and emails those instructions to the prospective affiliate/volunteer requesting their completion of the SOU Affiliate & Volunteer Service Form. Simultaneously, the Sponsoring Department/Unit Manager should take action now to complete the IT Account Request Form only if access to systems is required for the activity.
4. The prospective affiliate/volunteer completes the SOU Affiliate & Volunteer Service Form and Human Resources processes the information in Workday. Where applicable, any authorized and approved reimbursements (e.g. travel, purchases, per diem, etc.) will be facilitated through Workday.
Criteria
Who is an Affiliate/Volunteer?
An affiliate/volunteer is a person appointed to perform official University duties without compensation or remuneration. The affiliate/volunteer performs activities at the request of, for the benefit of, and under the supervision of, the University. The services or activities that are performed are of the kind typically associated with affiliate/volunteer work. The affiliate/volunteer willingly provides service without any promise, expectation, or contemplation of payment or remuneration of any kind; in other words, the affiliate/volunteer does not receive any benefit from the University. No regular employee has been displaced to accommodate the volunteer.
When an Employee, including a Student Employee, can be an Affiliate/Volunteer?
As cited by the Bureau of Labor and Industries, Oregon state law defines “employed” to be any time an employee is “suffered or permitted to work”. For an employee to qualify as an affiliate/volunteer, these four criteria must be met:
- The activity must be at the person's initiative.
- The activity must be outside normal or regular work hours.
- The person must be performing a religious, charitable, or other community service without contemplation of payment.
- The person must be performing a task outside of the regular job functions performed for the same employer.
University employers and supervisors are prohibited from accepting volunteer hours from a paid employee, including a student employee, without compensation for additional time to do the same work for which they are employed. Similarly, an employer or supervisor cannot request, suggest, coerce, or otherwise solicit an employee to perform volunteer work. Nor can an employee receive any real or implied, present or future reward or penalty for volunteering or not volunteering to perform work. Additionally, an employee may not receive any promise, expectation, or receipt of compensation, grades, enrollment in classes, promise of participation in any activity, or any future employment as a result of volunteer hours. Volunteer hours cannot be treated as a pre-requisite to anything, including an offer of employment.
FAQ
1. How does Southern Oregon University (SOU) minimize potential liability associated with using volunteers?
It is recommended that each department or unit establish procedures for volunteer selection, training, and supervision. The department or unit should identify each volunteer’s scope of services and assigned duties in the Affiliate/Volunteer Request Form.
2. Does SOU have any workplace injury insurance that covers affiliates/volunteers?
No. Affiliates/volunteers are not covered by Workers' Compensation and are not entitled to employee benefits as a result of University affiliation. SOU does not automatically provide affiliates/volunteers with accident or medical insurance. It is recommended that all affiliates/volunteers have private medical and accident insurance. Affiliate/volunteer injuries should be reported by the supervisor through the Incident Report Form.
3. Is an affiliate/volunteer protected against personal liability for their negligence or intentional acts when acting within the scope of affiliate/volunteer services requested by SOU?
Yes, registered SOU affiliates/volunteers are provided liability protection while acting within the scope of their affiliate/volunteer services. SOU will indemnify and defend affiliate/volunteers against civil actions for injuries or damage to the person or property of others, subject to the following conditions: (1) the affiliate/volunteer is working on an SOU task assigned by an authorized SOU supervisor; (2) the affiliate/volunteer limits the affiliate/volunteer’s actions to the duties assigned; and (3) the affiliate/volunteer performs the assigned tasks in good faith, and does not act in a manner that is reckless or with the intent to unlawfully inflict harm to others.
4. What is an Affiliate/Volunteer Services Form and when is it necessary?
The SOU Affiliate & Volunteer Service Form and Acknowledgment of Risk and Waiver of Liability describes the terms and conditions of affiliate/volunteer service, the assumption of risk, the extent to which the affiliate/volunteer will be covered by SOU insurance, and documents the duties assigned to the affiliate/volunteer. A signed Affiliate/volunteer Services Agreement Form is required documentation for all affiliate/volunteer services.
5. How often does the Affiliate/Volunteer Services Form need to be completed?
A new form should be completed every fiscal year (July 1-June 30) for ongoing activities, or when affiliate/volunteering for a different activity, or when affiliate/volunteer duties change.
6. Who retains the signed Affiliate/volunteer Services Form?
This form needs to be submitted to Human Resources and a copy retained by both the department and affiliate/volunteer. Records will be kept in accordance with SOU retention requirements.
7. What if the Affiliate/volunteer is going to perform services that are normally provided by a licensed professional?
If an Affiliate/volunteer activity would normally require services to be performed by a licensed professional (e.g. counselor, architect, engineer, etc.) the Department must first consult with Risk Management. Risk Management or Human Resources must have proof of any applicable licenses or certifications on file before approving the services by the Affiliate/volunteer.
8. What is the responsibility of the SOU supervisor to whom the affiliate/volunteers report?
The supervisor should ensure that all affiliates/volunteers are provided with direct University supervision, as necessary. The supervisor should inform the affiliate/volunteer of the tasks for the day and any problem areas. Supervisor oversight of an affiliate/volunteer should be based on the activity and experience of the affiliate/volunteer.
9. Are volunteers to affiliate organizations considered SOU volunteers?
An individual is not an SOU volunteer while performing affiliate services for an entity that is not a University department or program (i.e. non-profit or government agency; contracted third parties; etc.). However, certain events may be both affiliate and SOU events. Contact Risk Management or Human Resources if clarity is needed as it relates to the affiliate/volunteer status.
10. What can an SOU department or unit do to ensure that their affiliate/volunteers will receive appropriate legal protection from claims that might arise out of the affiliate/volunteers’ actions or omissions?
Protecting the safety and welfare of our affiliates/volunteers is important. Documentation of registered affiliate/volunteer names, assigned duties, and training related to the affiliate/volunteer services will assist SOU in the event a tort claim is filed for which SOU may need to provide legal defense to the affiliate/volunteer. If an affiliate/volunteer has not been registered by a department or unit prior to commencing affiliate/volunteer services or if the affiliate/volunteer's services have not been specified, it may be impossible for SOU to provide legal protection to the affiliate/volunteer.
11. When or how might an affiliate/volunteer be reclassified as an employee under federal or state law?
If the affiliate/volunteer is performing services similar to those performed by a person in a paid position, departments or units should consult with the SOU Office of Human Resource Services to prevent a situation in which SOU may be liable for payment of wages and hours under the Fair Labor Standards Act.
12. Can a department or unit terminate the services of an affiliate/volunteer?
The department or unit may end an affiliate/volunteer's service at any time and without prior notice. The Affiliate & Volunteer Request Form is used to appoint, extend, and end a service activity.
13. What are export control laws and how do they apply to affiliates/volunteers?
The United States has regulations that restrict the transfer of certain information and materials outside of the country. Risk Management and the Office of Sponsored Projects & Grants Administration can advise and help departments and units navigate the complex environment of export regulations and international laws. University departments and units should visit the Risk Management and the Office of Sponsored Projects & Grants Administration website to see if any of the activities of the affiliate/volunteer might pose an export control issue. The regulations apply even when one is serving as an affiliate/volunteer of SOU.
14. Can minors (under the age of 18) become SOU affiliates/volunteers?
Yes, but the assigned duties should be thoughtfully considered. Both the minor and the parent or guardian of the minor must sign the Affiliate/volunteer Services Agreement Form.
15. Can an affiliate/volunteer drive an SOU-owned vehicle or rent a vehicle through one of SOU’s vehicle rental companies?
Yes. The affiliate/volunteer must possess a valid driver’s license. The affiliate/volunteer must submit a Driver’s
Authorization Form to the Service Center and meet all the guidelines outlined under the Driving Clearance Policy.
16. What happens if an affiliate/volunteer is involved in a collision in a personally owned vehicle?
If the affiliate/volunteer uses a personally owned vehicle in the course of the affiliate/volunteer’s assigned duties, then the affiliate/volunteer is required to have personal automobile liability insurance in accordance with Oregon law. The personal automobile insurance will provide primary coverage for any accidents. Any SOU-provided automobile liability coverage may apply on a limited basis only after primary coverage limits have been used and only where the indemnification conditions as outlined in the Conditions of Affiliate/volunteer Service Form apply. An Incident Report Form should be provided to EHS and Risk Management as soon as feasibly possible after the event.
17. What types of safety training are available for affiliates/volunteers?
Supervisors should determine the appropriate training for the affiliate/volunteer based on their scope of services and assigned duties. Supervisors should also document any training provided. In general, recommended safety training may include: General and Office Safety, Fire/Life Safety, and Emergency Preparedness. Supervisors may wish to consult with Environmental Health & Safety and Human Resources on appropriate training.
18. What steps do I take if an affiliate/volunteer is traveling abroad?
The supervisor and affiliate/volunteer should complete the appropriate forms for International Travel at the Risk Management website and consult with Risk Management in advance of the trip.
19. How does an affiliate/volunteer notify SOU if they do not want the university to record their participation and appearance on any recorded mediums?
The affiliate/volunteer should complete the Photo Opt-Out Release form. This process is acknowledged in the SOU Affiliate & Volunteer Service Form under the Conditions of Service section.
Background Checks
Affiliates/Volunteers working in a critical or security-sensitive position as defined by SOU Policy must have a Criminal History Check conducted prior to commencing in such volunteer activities.
Professional Licenses
If an Affiliate/volunteer activity would normally require services to be performed by a licensed professional (e.g. counselor, architect, engineer, etc.) the Department must first consult with Risk Management. Risk Management or Human Resources must have proof of any applicable licenses or certifications on file before approving the services by the Affiliate/volunteer.
For more information, please visit Risk Management.
