Process

STEP 1	Determine if the MOU/MOA/Contract is within the Signatory Authority of the Provost & Executive Vice President. USF employees must not sign contracts and other documents of agreement or commitment on behalf of USF unless they have been expressly delegated the authority to do so. Provost's Delegations https://www.usf.edu/general-counsel/documents/governance/delegations-of-presidential-authority.pdf
STEP 2	Determine if there is an existing MOU/MOA/Contract. Determining if an agreement exists If you are unsure if there is an existing agreement with the entity in question, contact Jonna DeSantis. If there is NOT an existing agreement, move on to Step 2. If there IS an agreement: Determine whether the proposed new activities fall under the existing agreement. If it does, make sure the existing agreement is still valid and not expired. If so, nothing else is needed. If the proposed activities fall under the existing agreement, but it has expired go to Step 2 to find the necessary documents to amend or renew. If the proposed activity does not fall under the existing agreement, move to Step 2.
STEP 3	Considerations for developing an MOU/MOA/Contract. Considerations Developing an MOU/MOA/Contract is a multi-step process that can take anywhere from a few weeks to several months. Consider the background of any partner and their capacity to carry out their obligations under the terms of any agreement. Consider the history of the entity with the USF and its history in any similar relationships, if relevant. Think about your capacity to carry out the responsibilities described in the MOU/MOA/Contract. Consider and collaborate during the development of the MOU/MOA/contract with all the relevant units, academic and administrative, that will be involved in implementation of the agreement. Think about any financial implications. How will funds be collected? How will proceeds be distributed? What are the expected revenue sources for implementing a program? What financial safeguards are in place? What is potential for sustainability? How will complaints arising from the relationship be handled? What are the terms and conditions associated with ending the agreement, including financial implications? Has the external entity requested the use of USF’s name, logo, or trademark? What is the proposed advertising relationship, if any? Will the external entity secure appropriate insurance and indemnify USF from the actions of its own officers and agents? Have the risks been assessed and are processes and procedures in place to satisfactorily mitigate those risks? Monetarily or legally Consider any relevant policy, regulation, or accreditation standard that could be called into question through implementation of the relationship. Additional considerations for any MOUs/MOAs/Contracts with credit-bearing implications. SACSCOC Compliance Termination Clause: All MOUs/MOAs/Contracts must automatically sunset (expire) within one to five years. The duration of the period between initiation and review/renewal will depend on the substance of the agreement. Please consult the SACSCOC accreditation liaison for guidance about the duration of agreements. Advertising Clause: All MOUs/MOAs/Contracts in which non-USF personnel are engaged in advertising or student recruitment must specify that those personnel are bound by, and agree to conform to, SACSCOC’s Policy on Advertising and Student Recruitment, which must be incorporated in full as an addendum to the agreement. All such agreements must specify that all advertising, marketing, or promotional materials must be approved in writing by USF prior to use. Admissions Clause: All MOUs/MOAs/Contracts in which non-USF personnel are engaged in recruiting or admission processes must specify that those personnel are bound by, and agree to conform to, SACSCOC’s Policy on Advertising and Student Recruitment, which must be incorporated in full as an addendum to the agreement. All such agreements must specify that admission decisions are under the exclusive control of USF. Control of admission decisions cannot be transferred to a third party. Instruction Clause: All MOUs/MOAs/Contracts that involve the use of personnel as instructors of record who are not paid by USF must specify that those personnel will be granted courtesy faculty appointments at USF and, as courtesy USF faculty, will be bound by all USF regulations, policies, and procedures, which supersede any other obligations imposed on those personnel. All such agreements must also specify that all curricular decisions are under the exclusive control of regular, full-time USF faculty. Control of curricula cannot be transferred to a third party. Articulation Table: All MOUs/MOAs/Contracts that involve the transfer of credit into USF must include a transfer articulation table that maps each course that will be transferred into USF to one and only one course at USF. The course being transferred into USF must be at the same level or higher than the corresponding course at USF and must be at least the same number of semester credit hours as the corresponding course at USF. Off-campus Instructional Sites: All MOUs/MOAs/Contracts that involve the use of off-campus instructional sites at which a student can complete 50% or more of a curriculum that will result in the awarding of an academic credential (degree or certificate) by USF will require prior authorization by SACSCOC and the U.S. Department of Education, which may take a year or more to obtain, so please plan accordingly. All MOUs/MOAs/Contracts that involve the use of off-campus instructional sites at which a student can complete 25% or more of a curriculum that will result in the awarding of an academic credential (degree or certificate) by USF will require prior notification to SACSCOC. No student should be able to earn 25% or more of the credit hours required for an academic credential (degree or certificate) at an instructional site of which SACSCOC and the U.S. Education Department no knowledge.
STEP 4	It is the responsibility of the initiator to ensure the MOU/MOA/Contract has been reviewed by all parties who will need to DocuSign (see matrix) prior to General Counsel review. Download and complete the Academic Affairs MOU/MOA/Contract Signature Form. Glossary New: An initial MOU/MOA/Contract Renewal: A renewal/continuation. Insert date of previous agreement. International: Involves an entity outside the United States Domestic: Involves an entity within the United States Curricular: Involves both credit bearing and non-credit bearing educational activities. For Credit Not for Credit Student Exchange: Agreement involves USF students going to another institution and students from other institution coming to USF. Faculty Exchange: Agreement involves USF faculty going to another institution and faculty from the other institutions coming to USF. Research Collaboration: Agreements with broad statements about intent to engage in research collaborations can be signed by the Vice Provost & Executive Vice President. As noted above, when specific statements regarding work products, involve human subjects, animals, or when there are reporting requirements, the signatory authority resides within the Office of Research and Innovation. Other: If the agreement contains other elements please provide the information Financial Account Type (if applicable): The funding source for the activity should be specified. E&G Cost Recovery/ Market Rate Existing Auxiliary (Prior Number) New Auxiliary
STEP 5	Route the MOU/MOA/Contract and the Academic Affairs MOU/MOA/Contract Signature Form via DocuSign to appropriate parties. Refer to the matrix above to determine required reviews and signatures. Note: Please copy Jonna DeSantis in DocuSign and do not include the Vice Provost in the DocuSign at this time. DocuSign Process After importing sign off sheet into DocuSign: Check the box for *Set Signing Order* Number the boxes and assign to the proper signer in the same sequence as detailed in the Responsible Party Matrix. 3. Add Jonna DeSantis as the last recipient and cc a copy to her by clicking on *NEEDS TO SIGN* and selecting *RECEIVES A COPY*. Drag and drop the following DocuSign fields into the proper boxes for each signer on the sign off sheet as detailed below: Name Signature Date Signed
STEP 6	Email the MOU/MOA/Contract with finalized business, academic, and data access terms as a .doc or .pdf to the Office of General Counsel (OGC) to be reviewed and stamped for legal form and sufficiency. All negotiations and terms should be decided upon prior to coming to the Office of General Counsel (OGC) for final stamp, but please reach out to USFlegal@usf.edu if counsel is needed during the negotiation process. Once the terms are finalized, OGC will review and stamp the agreement and send it back to the originator to be routed through for signatures.
STEP 7	Receive email with copy of MOU/MOA/Contract signed by the Provost from Jonna DeSantis.
STEP 8	Proceed with execution of MOU/MOA/Contract with external entities.
STEP 9	If external entity requests changes to the reviewed MOU/MOA/Contract, it must be rerouted to appropriate Responsible Party/Subject Matter Experts as well as OGC.
STEP 10	Provide final executed copy of MOU/MOA/Contract to Jonna DeSantis.

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