Responsibilities of Program Coordinator, Office of Campus Activities
Summary of the Law
In order to maintain their tax-exempt status under 501(c)(3), private colleges and universities must not engage in, or interfere with, political campaign or lobbying activities. Failure to follow these proscriptions could result in loss of tax-exempt status for the institution, or imposition of an excise tax. The university cannot endorse any committee or student group that has as one of its purposes supporting a particular candidate. For a more complete explanation of the prohibitions from the IRS, please reference the above Legislative and Political activities link.
- Do not support student groups whose purpose is to either help or interfere involved in political campaigns for public office. This means that the Office of Campus Activities cannot officially recognize, grant money to, accept money from, or allow the university to act as a conduit for such groups.
- Comply with Federal Election Committee rules when the university sponsors political debates or forums.
- Provide political guidelines for student groups, such as College Democrats and College Republicans, to ensure that their activities are in compliance with IRS regulations for tax-exempt universities.
- American Council on Education (ACE) Memo on Political Campaign Related Activities of Colleges and Universities, prepared for ACE by Hogan Lovells, September 2011.
- Charities, Churches and Educational Organizations: Political Campaign Intervention: IRS web page with fact sheet, news release and reports on this topic.
Election Year Activities and the Prohibition on Political Campaign Intervention for Section 501(c)(3) Organizations Feb. 2006 FS-2006-17 The Internal Revenue Service (IRS) is releasing this fact sheet to provide information to help section 501(c)(3) organizations stay in compliance with the federal tax law. Many of the types of political intervention activities addressed in the fact sheet were those that came under scrutiny during the 2004 election cycle. The contents reflect the IRS interpretation of tax laws enacted by Congress, Treasury regulations, and court decisions.
Political Activity Compliance Initiative: The IRS will follow these procedures to address potential political activity by section 501(c)(3) organizations during the 2006 election cycle.The procedures are designed to address violations by 501(c)(3) and to educate charitable organizations on the prohibition on political activity.
II. Copyright Laws
General Revision of the Copyright law
Summary: The copyright law gives copyright owners the sole right to reproduce all or part of the work, distribute copies, prepare new (derivative) versions of the work, and perform and display the work publicly. Copyright protection governs "original works of authorship fixed in any tangible medium of expression." 17 U.S.C. § 102(a). The law protects unpublished as well as published material.
Summary: The Copyright Act provides statutory licenses to webcast sound recordings and to make ephemeral copies of sound recordings. In the SWSA, Congress recognized that for Noncommercial and Small Commercial Webcasters, the Copyright Office's statutory license fees may be overly burdensome, and would inevitably force most of them to cease their operations. The SWSA authorizes SoundExchange to enter into new privately-negotiated royalty rate agreements with Noncommercial Webcasters, notwithstanding the royalty rates already established by the Copyright Office. The fees are due by January 31st annually. CUA only has to pay the minimum $500 annual fee.
The Program Coordinator will ensure that CUA stays current with the following copyright licenses: ASCAP and BMI, as well as making the statutory payments to SoundExchange which covers the digital transmission rights for the copyright owned by the sound recording. The payment to SoundExchange is annual (by January 31) as are the license renewals to ASCAP and BMI. The Program Coordinator also ensures that the students running the station are keeping records of what is played, and filing the reports as required with Sound Exchange. See 37 CFR 370.3(c) and http://www.soundexchange.com/ Click on Service Provider on the Left, and then on the Reporting Requirements. Reports are sent by FTP. See also OGC file 090004 for more information. This requirement may be less burdensome for CUA due to the new agreements on between College Broadcasters Inc. and Sound Exchange. See http://counsel.cua.edu/fedlaw/webcast.cfm#note for a full summary of the new terms good until 2016. Note the SESAC license is paid by the School of Music.
Summary of the Laws
Title III of the ADA prohibits discrimination on the basis of disability in access to private colleges and universities and contains many of the same provisions as the Rehabilitation Act of 1973 (Section 504). Requires reasonable accommodations (e.g., a modification or adjustment to the status quo inherent in the program or activity) to allow a qualified person with a disability to participate fully in the programs and activities of the university. Participation must be in the most integrated setting possible.
The Program Coordinator for Campus Activities is responsible for implementing a process that ensures that: Posters and publications advertising campus events sponsored by students will contain the notice in the Reasonable Accommodations at University Events.
Summary of the Law
Regulates the keeping and dissemination of student records at all institutions that receive federal funds or who have students receiving federal funds. Procedures must be in place to allow a student or the parents of dependent students access to student records. Consent must be obtained to release student records to a third party, with certain exceptions contained in the law. Directory information may be released without permission of the student unless the student has specifically requested that said information not be released. Types of information that may be disclosed as directory information include: student's name, degrees and awards received, address, most recent previous institution attended, phone number, participation in officially recognized sports, activities, date and place of birth, dates of attendance, major fields of study, e-mail address, class schedule, full or part-time status, and photograph. Information which may not be released as directory information includes social security number, race/ethnicity or gender.
Ensure that student groups understand FERPA and respect privacy of students in accord with this law. Questions may be directed to the OGC. Be careful when sending e-mails to a group of students. The "blind cc" function should be used when necessary, so that e-mails are not inadvertently disclosed, as a student may have put a hold on release of directory information.
FERPA Forms and Checklists
Policies Related to Program Coordinator Responsibilities
|Student Records Policy|
|Co-Curricular Scheduling Policy|