The University shall defend and indemnify, to the fullest extent permitted by law, any officer or employee or member of the Board of Trustees of the University from and against any and all expenses, judgments, costs or other liabilities, including attorney’s fees and disbursements, for any lawful act or omission arising out of and occurring in the course of the performance and within the scope of the duties of his or her office, position or employment with the University.

The University’s obligation to defend and indemnify any officer or employee or trustee of the University shall not extend to any expense and/or liability that is the result of: 1) intentional and malicious tortious conduct, gross negligence, or wanton, willful violation and/or wanton, willful disregard for University policy and/or procedures and/or the law; 2) actions or omissions occurring outside of the scope of employment or appointment; 3) actions or omissions that are otherwise covered or indemnified by a policy of insurance; 4) any internal proceeding initiated by the University against the officer or employee; and 5) any claim or cause of action in which the officer or employee has named the University as an adverse party. If, during the course of the litigation, it becomes apparent that an employee or officer acted beyond the scope of his/her employment, committed a crime, or that his/her actions involved willful misconduct, actual fraud or actual malice, continued representation and/or indemnification by the University will be terminated.

Defense and indemnification provided by the University to any officer and employee and trustee of the University is conditioned upon the officer’s and employee’s full and unequivocal assistance, disclosure, and cooperation on a continuing basis with the Office of University Counsel, from inception of defense through finality and closure of the matter for which such officer and employee is defended and/or indemnified. The right of a University employee or officer or trustee to indemnification and defense is also specifically conditioned upon satisfaction of the following:

• A copy of the Summons and Complaint or other legal action in which the officer or employee or trustee is named as an adverse party must be delivered to the Office of University Counsel within five (5) working days of receipt of service by the officer or employee or trustee, along with a written request for defense and indemnification.
• The officer or employee or trustee shall provide written consent to give the University the absolute right to take charge of and fully control the proceeding for which defense and/or indemnification is afforded, including the right to appoint counsel and direct and/or settle the proceeding in the discretion of the University as it deems appropriate following advance notice to the indemnified party. A party may decline settlement in his/her individual capacity in which case the right to a defense and indemnification, including the obligation by the University to pay unpaid accrued and pending costs and liabilities associated therewith, shall cease and shall become the obligation of the party who declined the settlement.
• The employee or officer or trustee seeking defense and indemnification shall execute a representation agreement and additionally any and all release(s) as required by the University to permit joint representation by the same attorney.

University Counsel shall be responsible for the implementation of this policy. In the event the individual seeking indemnification holds a position of Vice President or higher, the Board of Trustees shall be notified within 30 days of such request for indemnification. In all instances, the Board of Trustees retains the right to determine that indemnification shall not be provided.

Purpose

The purpose of this policy is to provides standards for the retention and destruction of Montclair State records, the process for destroying records that have reached the end of their mandatory retention period or that are no longer necessary for business operations, to designate the appropriate person responsible for retention and destruction, and the method for preserving records. Additional policies or regulations may be applicable to the particular record and should be consulted.

Policy Definitions

Activities

any and all activities, operations, or undertakings, whether undertaken directly or indirectly, by Montclair State or its employees in their capacity as employees, including without limitation, any Montclair State programs, operations, and/or services.

Artemis

the system used by the State of New Jersey to receive and approve requests to destroy records subject to the Schedule. See, .

Employees

Montclair State Trustees, directors, officers, members of Board committees, paid and unpaid employees of the University, contractors, and any other persons who are formally associated with Montclair State for the purpose of overseeing or engaging in any activity, operation or undertaking for or on behalf of Montclair State that involves the creation or use of records.

Investigation

(i) an investigation by Montclair State or any government entity, quasi-governmental agency, regulatory or legal oversight authority (e.g. accreditation agencies or professional licensure agencies) or by a private person or entity that could lead to Litigation or the filing of a complaint concerning University employees, students, activities or resources; or (ii) any other investigation where Montclair State or its employees possess records that are relevant to such Investigation. An Investigation includes Investigations pending at the time this Policy is adopted but also any situation where Montclair State should know or reasonably can anticipate an Investigation.

Litigation Hold

a written (which may be by email or other electronic means) directive issued by University Counsel or the Office of the Attorney General directing the retention of records related to an Investigation or Litigation.

Litigation

(i) any legal proceeding to which Montclair State or any of its employees in their capacity as a party or a witness that is brought in any court, alternative dispute resolution forum or administrative agency; or (ii) any other legal proceeding where Montclair State possesses records that are relevant to such legal proceeding. Litigation includes not only Litigation pending at the time this Policy is adopted but also situations where Montclair State should know or reasonably can anticipate Litigation.

Record

information in any form, regardless of physical form or characteristic, generated or received by or on behalf of Montclair State or its employees and includes information pertaining to Montclair State’s activities, resources, and business. A Record includes all original and copies of electronic and paper documents, including but not limited to, letters radiographic images (e.g., X-rays), clinical readings, cards, books, maps, photographs, blueprints, sound or video recordings (e.g., records, CD’s, DVD’s, audiotape, videotape), microfilm, magnetic tape, electronic media (including information store on computers), emails and other media for recording information.

Schedule

the Schedule adopted by the State of New Jersey’s Division of Archives Record Retention Schedule for Four Year Colleges posted at:

Procedures

I. General Principles

A. Montclair State must maintain, store, retain and destroy records in accordance with the State Record Retention Schedule applicable to 4 Year Colleges and Universities, and other applicable legal, regulatory, accreditation and other standards.

B. All University employees who have access to or use records are responsible for ensuring that records are maintained, stored, retained and destroyed in accordance with this Policy.

C. All records are owned by Montclair State. Unless otherwise expressly agreed in writing by the University or provided in an employee’s applicable collective bargaining agreement, employees have no personal or property rights to any records even where they participated in the creation or making of the records.

D. Unauthorized removal, destruction or disposition of records is prohibited.

E. In the absence of an Investigation or Litigation Hold or legitimate business reason, records must be destroyed or disposed of after the expiration of their applicable retention period.

F. The unauthorized alteration, use or disclosure of a record is prohibited. Anyone who falsifies or inappropriately alters a record, or removes, uses or discloses a record without authorization may face disciplinary action subject to the provisions of any applicable collective bargaining agreement, which may include termination of employment.

II. Retention of Records

A. Retention Schedule. The Schedule specifies minimum retention periods for certain records. A record falling within the Schedule must be retained for not less than the minimum period specified for that category of record.

B. Records Not on the Schedule. Unless otherwise required by applicable law or other University policy, where a record does not fall within the Schedule, the record may be destroyed with approval of the department’s unit manager.

C. Beginning of Retention Period. The retention period for a specific record begins on the last of (a) the later of the date filed or the due date for filing in the case of records filed with a governmental, judicial, regulatory or accreditation authority or (b) the date of the last transaction, encounter or item of information reflected in that record or in accordance with the terms of the record. For example, the retention period for a services contract begins on the termination date, the retention period for personnel records begin on the termination of employment and the retention period for research grants/protocols begins upon completion of research.

D. Recalculating Retention Period. If a record is reopened, the retention period for that Record will be recalculated in accordance with D above. For example, if a previously terminated contract is renewed, the retention period for the contract is recalculated to begin as of the date of the termination of the renewal date.

E. Record Substitution. A record in paper form may be digitally scanned, microfilmed or microfiched and substituted for an original paper document if the image is saved to a digital archive system pre-approved and certified by the State of New Jersey for this purpose. The applicable retention period for a record does not change when a properly substituted image of a record is created. A record’s mandatory minimum retention period is counted from the creation or receipt of the original record, not the date on which the substitute image was created.

F. Destruction of Records. In the absence of an Investigation or Litigation Hold or legitimate business reason, paper and electronic records must be destroyed when the applicable retention period expires. Before destroying any records, a request to destroy must be submitted to the State of New Jersey for approval through Artemis. The State of New Jersey may respond to the request within 23 business days. Records may only be destroyed after the State grants approval. The appropriate method of destruction depends on the record’s physical form or medium. Paper records may be burned, pulverized or shredded. Electronic records that are contained within systems administered and managed by the Office of Information Technology will be destroyed in the manner recommended by the Chief Information Officer. All other electronic records must be erased. After destruction, the date and manner of destruction must be recorded in Artemis. Retaining any record past its mandatory retention period should be on an exceptions-only basis after weighing the potential usefulness of the record against cost or space limitations and risk of unauthorized disclosure in violation of applicable laws.

G. Inappropriate Treatment of Records. Any Montclair State employee knowing of the intentionally inappropriate removal, modification or destruction of any record in a manner that does not conform to this Policy should promptly notify their supervisor or University Counsel.

H. Questions related to Retention Schedule and Artemis. Employees may contact University Counsel if they have questions regarding their unit’s retention obligations under the Schedule. If a unit believes that applicable legal, regulatory and accreditation and other standards require a retention period for a record that is longer than that set forth in the Schedule, the record should be retained for the longer period. University Counsel is the administrator of Artemis and should by contacted by Division Vice Presidents and Department supervisors to identify employees who will be responsible for administering the destruction of records and added as users of Artemis.

III. Investigations and Litigation Holds

A. Employees must immediately notify University Counsel if they become aware that Litigation or an Investigation has been initiated or they have notice which can reasonably anticipate future Litigation or an Investigation.

B. Employees also should notify University Counsel if they have knowledge of facts or circumstances that suggests the possibility of Litigation or an Investigation against Montclair State or its employees in their capacity as employees.

C. University Counsel or the Office of the Attorney General will determine whether to initiate a Litigation Hold. Records subject to a Litigation Hold must be retained while the Litigation Hold is in effect, irrespective of the otherwise applicable retention period in the Schedule.

D. University Counsel will notify the employees it believes need to be aware of the Litigation Hold and will specify the records subject to retention while the Litigation Hold is in effect and may issue special instructions relating to such Records. Employees are required to follow all instructions from University Counsel. In addition, such employees should immediately advise University Counsel of others (including names, titles and contact information) who may need to know about the Litigation Hold (e.g., persons in control of the records or who might otherwise destroy or authorize the destruction of the records).

E. Employees who do not directly receive notice of a Litigation Hold but who are aware of Litigation or an Investigation or believe a Litigation Hold may have been issued should contact University Counsel and retain potentially relevant records until clarification is provided by University Counsel.

F. A Litigation Hold remains in effect until terminated in writing by University Counsel.

G. Unless University Counsel provides guidance to the contrary, when a Litigation Hold is terminated, (i) records previously covered by the Litigation Hold must be retained in accordance with the Schedule, and (ii) records that are no longer subject to a Litigation Hold must be destroyed when the applicable retention period in the Schedule expires.

IV. Archival Records

An archival record is a record that has permanent institutional or historic value to Montclair State. Archival records are retained and preserved indefinitely in Sprague Library. The Schedule indicates “archive” as the required retention period. Each department determines whether it believes a record should be classified as an archival record. When an archival record is no longer in active use, the record must be retained by the department or unit for indefinite retention and preservation. Archival records within the collecting scope may be retained by Sprague Library Archives at its discretion.

V. Administration and Interpretation

Questions about the administration or interpretation of this policy should be directed to University Counsel.

To ensure compliance with federal immigration and employment regulations, 糖心vlog (hereinafter, “the University” or “University”) has established this policy and related procedures for University-sponsored, employment-based immigration petitions.

All University departments/divisions seeking to hire, extend the work authorization of, or amend the salary/title/job location/job duties of a foreign national for any position must coordinate exclusively with the Office of University Counsel within the Office of the President. Under no circumstances will University-sponsored, employment-based applications be processed, advised, or signed by individuals outside University Counsel and the University’s contractually designated immigration attorneys without written permission from the Office of University Counsel.

This policy outlines the procedures necessary for the University to petition the federal government for various types of immigration applications, all of which are managed by the Office of University Counsel in collaboration with the University’s designated immigration attorneys, as needed. The Office of University Counsel works closely with the University’s designated immigration attorneys, Human Resources, Academic Affairs, hiring departments, and international employees to identify the best course of action for maintaining an employee’s work authorization throughout their employment with the University, while carefully considering the individual needs of each employee.

Definitions

U.S. Department of Homeland Security (DHS)

The U.S. Department of Homeland Security (DHS) is a cabinet department of the U.S. federal government whose is “to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards.”

U.S. Citizenship and Immigration Services (USCIS)

U.S. Citizenship and Immigration Services is an agency within the DHS that administers immigration and naturalization services for the United States, including employment-based immigration petitions and applications.

Department of Labor (DOL)

“The Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.” ()

H-1B

Immigration status/visa for a “specialty occupation” requiring a bachelor’s degree or its equivalent in a particular field or requiring “specialized and complex” duties “usually associated with the attainment of a bachelor’s or higher degree.” For more information, .

O-1

Immigration status/visa for an “individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.” U.S. Citizenship and Immigration Services states: “To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.” For more information, .

E-3

Immigration status/visa available “only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.” For more information, visit .

TN

Immigration status/visa that “permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.” Tenure-track or tenured faculty members are not eligible for this status/visa. For more information, visit .

Lawful Permanent Resident (LPR) (“Green Card”)

The Lawful Permanent Residence (LPR) process allows individuals to adjust their immigration status from nonimmigrant to immigrant by becoming green card holders.

Prevailing Wage (Form ETA-9141)

“The ‘prevailing wage’ rate is generally defined as the average wage rate paid to similarly employed workers in a specific occupation in the area of intended employment. The Immigration and Nationality Act (INA) and Department of Labor (DOL) regulations require that an employer pay at least the ‘prevailing wage rate’ as a condition of sponsoring an alien worker in the H-1B, H-1B1, H-2, or E-3 nonimmigrant categories, and as a condition of filing a permanent labor certification application through PERM. The theory behind the prevailing wage requirement is to prevent employers from undercutting the wages of U.S. workers by paying alien workers less than the prevailing wage rate.” (NAFSA Adviser’s Manual 360)

Labor Condition Application (Form ETA-9035)

Having a Labor Condition Application certified by the Department of Labor is a precondition to an employee being “admitted or provided status as an H-1B [or E-3] nonimmigrant” [INA: Act 212(n)(1)].

Labor Certification (Form ETA-9089)

“An employer must obtain an individual labor certification on behalf of an alien applying for lawful permanent residence under the following employment-based preference classifications:

• EB-2 Holders of advanced degrees (unless also applying for a national interest waiver or filing under Schedule A blanket certification)
• EB-2 Aliens of exceptional ability (unless also applying for a national interest waiver or filing under Schedule A blanket certification)…

A labor certification is a finding by the Department of Labor (DOL) that there are not sufficient U.S. workers in the geographic area of employment who are able, willing, qualified (or equally qualified, in the case of college and university teachers) and available to do the job in question, and that the employment of an alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.” (NAFSA Adviser’s Manual 360)

Procedures

Petitions for Employment-Based Visas/Immigration Status

Petitions for temporary employment-based immigration status/visas (H-1B, TN, O-1, E-3) are prepared by the Director of International Employment and Immigration in the Office of University Counsel in consultation with the University’s designated immigration attorneys, as needed. Hiring units seeking to sponsor international employees in full-time, permanent or tenure-track/tenured positions for an employment-based immigration status based on their employment/employment offer at the University must contact the Director of International Employment and Immigration in the Office of University Counsel to undergo an immigration review process. In the case of a prospective employee, this review process can begin after the University has made a written offer of employment. The Director of International Employment and Immigration will evaluate the case based on the available evidence and recommend a course of action to the hiring unit. Hiring units should be aware that recommendations may change based on the information and documentation the hiring unit and employee/prospective employee provide throughout the application process.

Petitions for Employment-Based Lawful Permanent Resident Status

Hiring units seeking to sponsor international employees in full-time, permanent or tenure-track/tenured positions for Lawful Permanent Resident (LPR) status based on their employment at the University must contact the Office of University Counsel to undergo an LPR review process. University Counsel will evaluate the case based on the available evidence and make a recommendation to the University provost if it appears to be within the best interest of the university to move forward with an LPR application. Employment-based petitions for LPR status are costly and complex, and in order for the University to pursue an application, the applicant’s position and immigration background must meet certain minimum criteria. Whenever possible, the University will pursue “special handling” labor certification with the Department of Labor for teaching positions, which must meet the Code of Federal Regulations (CFR) criteria described in the Principles and Practice section below.

Self-Petitioned Applications for Lawful Permanent Resident Status

Beyond their relationship with a 糖心vlog employing department, international employees may have one or more personal paths through which they wish to apply for LPR status, including , through the second preference EB-2 category, and through the first preference EB-1 category. Since these petitions do not require the University to “sponsor” the employee, individuals are free to pursue them, but employees of 糖心vlog are not permitted to sponsor or sign these petitions/applications. If individuals require legal counsel for such applications, they must personally arrange for the services of an immigration attorney. University employing units may not pay any fees associated with these personal petitions or contract with attorneys outside the University (including the University’s designated immigration attorneys) to provide such services for their employees. The Office of University Counsel will consider exceptions to this section of the policy in consultation with the University Provost only when it is in the University’s best interest to do so.

Principles and Practice

For All Employment-Based Immigration Inquiries and Applications

1. Hiring units must not promise to file any immigration application or pursue any benefit on behalf of a current or prospective international employee, since each employee’s situation must be reviewed on its own merits, as factors such as available resources and timing of the application are critical to any determination.
2. With rare exceptions, the University will only sponsor full-time, permanent or tenure-track/tenured positions for employment-based immigration applications.
3. The hiring department or division/college/school is required to pay all USCIS and Department of Labor fees other than premium processing, which is optional for certain applications but may be required in order to meet a projected employment start date. When the premium processing fee is not required for the employee to start or continue work, the fee may be paid by the hiring department or the employee.
4. All requests for employment?based immigration status/visas for international faculty and staff must be directed to the Office of University Counsel. If the Office of University Counsel determines that an Exchange Visitor (J-1) category (Research Scholar, Professor, Short-Term Scholar, or Specialist) is a better fit for a prospective employee, the case will be referred to the Office of International Engagement.
5. A representative from the Office of University Counsel must review and sign all USCIS forms related to a given application or petition (including the I-907, I-129, I-140, etc.) and all attorney representation G?28 forms that enable designated legal counsel to work in support of an institutional petition. No other university representatives are permitted to sign immigration forms on behalf of the University without written permission from the Office of University Counsel.
6. Individual employees and departments may not work independently with an external attorney in cases involving a University-sponsored petition unless directly referred by the Office of University Counsel.
7. The Office of University Counsel will coordinate workshops on the process for hiring and onboarding international employees. Departmental supervisors/chairs of prospective and current international employees and HR liaisons are strongly encouraged to attend one of these sessions.
8. If 糖心vlog elects to apply for employment-based nonimmigrant or immigrant status or a visa on behalf of an individual who accepts an offer of employment, the individual must cooperate fully and on a timely basis in providing the information required by the initial application or any amendment or extension application.? If the individual fails to cooperate (which includes but is not limited to failing to timely provide accurate information or documentation), or the nonimmigrant or immigrant status or visa cannot be obtained within a reasonable period of time (as determined by 糖心vlog in its sole discretion), or if the immigration application is denied, 糖心vlog may withdraw the offer of employment and, if employment has begun, 糖心vlog may terminate the individual’s employment upon 60-days written notice, subject to any applicable collective negotiations agreement, and/or require the individual to reimburse the costs (or portion thereof) associated with the immigration application.
9. An immigration application requires a determination as to whether government authorization or an export control license is required before releasing certain equipment, materials, technology, and software to foreign nationals in connection with their employment. The hiring unit and the individual offered employment are required to complete a Deemed Export Control Certification on a timely basis to permit University Counsel to undertake the evaluation required to make this determination. If such license or authorization is required, the offer of employment is contingent upon receipt of any such required government authorizations or export control licenses and satisfactory review by University Counsel.? In the event the government authorization or export control license is subject to a presumption of denial, or cannot be obtained within a reasonable period of time or reasonable expense (as determined by 糖心vlog in its sole discretion), 糖心vlog may withdraw the offer of employment, and if employment has begun, 糖心vlog may terminate employment upon 60-days written notice, subject to any applicable collective negotiations agreement.

For Lawful Permanent Residence Only

1. International employees in positions defined by Human Resources as temporary are not eligible for a University?sponsored application for LPR.
2. The request to pursue employment-based permanent residence must be approved first by the supervising manager and dean/division head and then by the Office of University Counsel and the University Provost.
3. Department representatives may request a review of their candidate’s qualifications for pursuing University-sponsored permanent residence, and the Office of University Counsel will coordinate with the employee and/or departmental supervisor/chair to obtain the information needed to assess the candidate’s qualifications. Based on the information provided, University Counsel will determine if the individual and position meet the minimum University requirements for sponsorship, and if they do, whether the application for permanent residence will be administered internally by the Director of International Employment and Immigration, by the University’s designated immigration attorneys, or by both.
4. All documentation in support of a petition for permanent residence, academic and professional appointments alike, must reside with the Office of University Counsel for a period of 5 years from the date of filing the petition. This includes all application materials submitted in response to a labor test.
5. Special Handling Labor Certification.Whenever possible, the University will pursue a “special handling” Labor Certification with the Department of Labor for teaching positions. To do so, the following Code of Federal Regulations (CFR) requirements must be met:20 CFR 656.18(b)
   (b) Recruitment. The employer… must be able to document the alien was selected for the job opportunity in a competitive recruitment and selection process through which the alien was found to be more qualified than any of the United States workers who applied for the job. For purposes of this paragraph (b), documentation of the “competitive recruitment and selection process” must include:
   (1) A statement, signed by an official who has actual hiring authority from the employer outlining in detail the complete recruitment procedures undertaken; and which must set forth:
   (i) The total number of applicants for the job opportunity;
   (ii) The specific lawful job-related reasons why the alien is more qualified than each U.S. worker who applied for the job; and
   (2) A final report of the faculty, student, and/or administrative body making the recommendation or selection of the alien, at the completion of the competitive recruitment and selection process;
   (3) A copy of at least one advertisement for the job opportunity placed in a national professional journal, giving the name and the date(s) of publication; and which states the job title, duties, and requirements;
   (4) Evidence of all other recruitment sources utilized; and
   (5) A written statement attesting to the degree of the alien’s educational or professional qualifications and academic achievements20 CFR 656.18(c)
   (c)?Time limit for filing. Applications for permanent alien labor certification for job opportunities as college and university teachers must be filed within 18 months after a selection is made pursuant to a competitive recruitment and selection process.To qualify for special handling Labor Certification, the following requirements must be met, as per federal regulations: (a) the position requires classroom teaching; (b)?the original employment offer letterto the incumbent must carry a date not more than 15 months prior to the initial request for LPR; and (c) the recruitment process that resulted in the offer made to the incumbent must meet the CFR requirements above,?including a print ad and/or 30-day electronic or web-based advertisement in a national professional journal?documenting the position title, duties, and requirements. A national professional journal is a journal that circulates nationally, not merely in a local area or region—e.g. The Chronicle of Higher Education. Electronic or online media must also meet the “national professional journal” requirement and not be merely a collection of job postings. A job website (e.g. HigherEdJobs.com) would not constitute a national professional journal, which would have to include both articles and job listings. Labor Certifications for academic positions that do not meet requirements (a) through (c) will not be processed via special handling.

   The hiring unit should be aware that depending on the specific type of employment?based LPR petition filed, all applicant CVs, along with the other documentation listed in the CFR above, for the position in question may be required for submission to Office of University Counsel to comply with Department of Labor requirements. If a department is considering the possibility of permanent residence sponsorship, it should consult with the Office of University Counsel before discarding any applications or supporting documentation for the search for the position in question.

6. Outstanding Professor or Researcher (First Preference EB-1).The Office of University Counsel, in collaboration with its designated immigration attorneys, as needed, will determine if an applicant meets as defined by the Department of Homeland Security and has a strong case for the EB-1 application. To qualify, scholars must document that they are recognized internationally as outstanding in a specific academic area. Federal guidelines for documentation of the EB-1 category are rigorous and include (but are not limited to) the ability to demonstrate three years of experience in the academic field, proof of international recognition of one’s research, receipt of major awards in the field, invited memberships in professional organizations, significant original research demonstrated by published books, multiple journal articles as primary author and patents, and professional experiences judging the work of others in the field.
7. The hiring department is required to pay all advertising costs associated with the Labor Certification petition. The can be paid by either the international employee or the hiring department.
8. LPR self-petitions that do not require University support may be pursued with outside legal counsel at the employee’s expense.
9. It is strongly recommended that the international employee have their I-485 petition reviewed by The Office of University Counsel to request an adjustment of status to Lawful Permanent Resident after the I-140 is approved or if eligible, in a concurrent filing with the I-140 petition. Either the department or the employee may pay the USCIS filing fees for the I-485.

To Whom Policy Is Applicable

Hiring units across the university, international employees and prospective employees, Human Resources, and Academic Affairs.

Exclusions & Special Situations

Each case of employment-based immigration sponsorship must be reviewed on its own merits, as factors such as available resources and timing of the application are critical to any determination. Exceptions to the policy as written can only be made at the recommendation of the Office of University Counsel with the approval of the Provost.

Responsible Office(s):

University Counsel

Responsible Officer(s):

• Althea Broomfield-Michel, University Counsel
• Elizabeth A. Gill, Director of International Employment and Immigration

Contact(s):

Elizabeth A. Gill
Director of International Employment and Immigration
gille@montclair.edu
973-655-5225

中华人民共和国个人信息保护法（个人信息保护法）

About This Policy

对于本政策

Responsible Office: University Counsel and Enrollment Management

主管办公室: 大学法律顾问与招生管理

糖心vlog is committed to respecting and protecting the privacy rights of all persons consistent with the Personal Information Protection Law (“PIPL”) of the People’s Republic of China (PRC) that was adopted in August 2021 and became effective on November 1, 2021.? This policy describes 糖心vlog’s commitment to the privacy of persons in Mainland China. Additional information about the PIPL can be found at . For the purposes of this Policy, the term “Personal Information” shall include any personal information and sensitive personal information as defined in the PIPL and the term “Mainland China” shall refer to the continental landmass under the direct control of the People’s Republic of China (PRC), including the islands of Hainan Province and five major autonomous regions (i.e., Tibet, Inner Mongolia, Xinjiang, Ningxia and Guangxi), but excluding the Hong Kong Special Autonomous Region (SAR), Macao SAR and Taiwan.

蒙特克莱尔州立大学致力于按照2021年8月通过并于2021 11月1日生效的《中华人民共和国个人信息保护法》（“个人信息保护法”）尊重和保护所有人的隐私权。本政策描述了蒙特克莱尔州立大学对中国大陆个人隐私的承诺。有关个人信息保护法的更多信息，请访问个人信息保护法。就本政策而言，“个人信息”应包括个人信息保护法中定义的任何个人信息和敏感个人信息，“中国大陆”应指中华人民共和国（中国）直接管辖的大陆地区，包括海南岛和五个自治区（如西藏、内蒙古、新疆、宁夏和广西），但不包括香港特别行政区、澳门特别行政区和台湾省。

The PIPL applies to all natural persons located in Mainland China and has both a domestic and extraterritorial scope of application. The PIPL applies to the handling of Personal Information related to activities carried out inside Mainland China and also applies to the handling of Personal Information outside Mainland China under any of the following conditions: 1) The purpose is to provide products or services to domestic natural persons; 2) The purpose is to analyze and evaluate the activities of domestic natural persons; or 3) Other circumstances provided by laws and regulations.

个人信息保护法适用于位于中国大陆的所有自然人，具有域内和域外效力。个人信息保护法适用于在中国大陆境内处理自然人个人信息的活动，也适用于在以下情形之一在中国大陆境外处理个人信息：1）以向境内自然人提供产物或者服务为目的；2） 分析、评估境内自然人的行为；（三）法律、行政法规规定的其他情形。

The PIPL is designed to protect the privacy of data, imposing a very broad set of data privacy regulations and requirements on the handling of Personal Information concerning a natural person that is collected or processed in, or transferred out of, Mainland China, and to regulate entities that offer goods or services in the Mainland China.

个人信息保护法旨在保护数据隐私，对在中国大陆收集、处理或转移出中国大陆的自然人个人信息的处理实施一系列非常广泛的数据隐私法规和要求，并对在中国大陆提供商品或服务的实体进行监管。

The PIPL defines personal information as “various kinds of information related to identified or identifiable natural persons recorded by electronic or other means, excluding the information handled anonymously.”? Personal information would include but is not limited to a name, reference number, identification number, online identifier, email address, IP address, etc. The PIPL also includes a special category of personal information, Sensitive Personal Information (“SPI”), that has additional security and handling requirements. Sensitive Personal Information is defined as ‘information that can easily lead to the infringement of the personal dignity of natural persons or the harm of personal or property safety once leaked or illegally used, including such information as biometrics, religious belief, specific identities, medical health, financial accounts, and whereabouts (e.g., location data), and the personal information of minors under the age of 14. Therefore, the PIPL, has broader protections than U.S., N.J. and other foreign laws.

个人信息保护法将个人信息定义为“以电子或者其他方式记录的与已识别或者可识别的自然人有关的各种信息，不包括匿名化处理后的信息。”个人信息包括但不限于姓名、参考号、识别号、在线标识符、电子邮件地址、滨笔地址等。个人信息保护法还包括一类特殊的个人信息，即敏感个人信息，具有额外的安全和处理要求。敏感个人信息被定义为“一旦泄露或者非法使用，容易导致自然人的人格尊严受到侵害或者人身、财产安全受到危害的个人信息，包括生物识别、宗教信仰、特定身份、医疗健康、金融账户、行踪轨迹等信息，以及不满十四周岁未成年人的个人信息。”因此，个人信息保护法比美国、新泽西州和其他外国法律提供了更广泛的保护。

The PIPL requires Personal Information to be processed lawfully, fairly, and for a definite and reasonable purpose. Personal Information should be processed in a manner that has the least impact on the individuals’ rights and interests and limited to only information that is necessary and directly related to the purpose of processing. Personal Information should be maintained for integrity and accuracy, stored only for the length of time required or needed to achieve the purpose, and safeguarded from unauthorized disclosure.

个人信息保护法要求合法、公正地处理个人信息，并有明确合理的目的。应以对个人权益影响最小的方式处理个人信息，并仅限于与处理目的直接相关的必要信息。应维护个人信息的完整性和准确性，仅在达到目的所需的时间内存储个人信息，并防止未经授权披露个人信息。

The PIPL defines seven (7) legal bases under which 糖心vlog can collect and handle PRC Personal Information:? 1) the individual has given consent to the processing for a specific purpose; 2) ?the processing is necessary for the university’s performance of a contract to which the individual is a party; 3) where necessary for the performance of statutory duties or obligations; 4) where necessary for public health emergencies or the protection of the life, health and property safety; 5) where handling is within a reasonable scope necessary to carry out activities as news reporting and supervision by public opinions for the public interest; 6) where the Personal Information is disclosed by the individual themselves or it is otherwise legally disclosed; or? 7) other circumstances provided by laws and administrative regulations.

个人信息保护法定义了蒙特克莱尔州立大学收集和处理中国个人信息的七（7）个法律依据：1）个人同意出于特定目的进行处理；2） 该处理对于大学履行个人作为一方当事人的合同所必需；3） 为履行法定职责或者法定义务所必需；4） 为应对突发公共卫生事件，或者紧急情况下为保护自然人的生命健康和财产安全所必需；5） 为公共利益实施新闻报道、舆论监督等行为，在合理的范围内处理个人信息；6） 处理个人自行公开或者其他已经合法公开的个人信息；7）法律、行政法规规定的其他情形。

Penalties for non-compliance can be significant, with administrative fines and penalties on institutions, as well as monetary fines and criminal liability on responsible personnel who fail to comply with the law.

对违反规定的处罚可能很重，包括对机构的行政罚款和处罚，以及对不遵守规定的机构负责人的罚款和刑事责任。

Under PIPL, individuals have the right to know and make decisions relating to their Personal Information including the right to consult, copy, transfer, correct, amend, supplement, restrict access, withdraw consent for use, and/or request deletion of their Personal Information. In addition, under PIPL there is an additional post-mortem right to exercise rights over Personal Information for a deceased’s next of kin. These rights must be communicated to individuals and a convenient method provided for request to be made. If 糖心vlog refuses an individual’s request to exercise their rights, the University will explain the basis for the refusal. If an individual believes that 糖心vlog has violated their rights, they may file a lawsuit in a court of competent jurisdiction according to the law.

根据个人信息保护法，个人有权了解其个人信息并作出决定，包括查阅、复制、转移、更正、修改、补充、限制访问、撤回使用同意和/或要求删除其个人信息。此外，根据个人信息保护法，还有一项额外的死后权利，即死者的近亲行使个人信息的权利。这些权利必须传达给个人，并提供一种方便的方法来提出请求。如果蒙特克莱尔州立大学拒绝个人行使其权利的请求，该大学将解释拒绝的依据。如果个人认为蒙特克莱尔州立大学侵犯了他们的权利，他们可以依法向有管辖权的法院提起诉讼。

The University is subject to PIPL when it recruits students or employees in Mainland China, conducts marketing or outreach in Mainland China, participates in student or faculty exchanges or other academic programs within Mainland China, conducts fundraising targeted to Mainland China, collects information from alumnae in China, conducts research with human subjects in Mainland China, or engages in other activities within Mainland China.? Therefore, Privacy Notices have been adopted by the University and University Foundation to describe the Personal Information and Sensitive Information collected, the applicable legal basis, the purposes for which Personal Information is used, safeguards imposed, the retention period, and a point of contact for an individual to exercise his/her rights under the PIPL.

大学在中国大陆招收学生或招聘员工，在中国大陆开展营销或外联活动，在中国大陆参与学生或教师交流或其他学术项目，针对中国大陆开展募捐活动，从中国校友处收集信息，在中国大陆开展人体科学研究，或在中国大陆从事其他活动。因此，大学和大学基金会已通过隐私通知，描述收集的个人信息和敏感个人信息、适用的法律依据、个人信息的使用目的、实施的保障措施、保留期以及个人行使个人信息保护法项下权利的联络点。学校的个人信息保护法隐私通知可在详见【填入链接】：

Individuals who wish to exercise their rights under PIPL should contact the email identified in the Privacy Notice.

希望行使个人信息保护法项下权利的个人应联系隐私通知中指定的电子邮件。

Consent may be recorded by using the created in connection with this Policy.? If a third-party software as a service (“SaaS”) provider, or any other third-party provider is used to collect, store or process Personal Information gathered in Mainland China, the Consent Form must be revised to identify the name of the SaaS or other third-party provider.

可以使用与本政策相关的同意书记录同意。如果使用第叁方软件即服务（厂补补厂）供应商或任何其他第叁方供应商收集、存储或处理在中国大陆收集的个人信息，则必须修改同意书，以识别厂补补厂或其他第叁方供应商的名称。

Consent to the collection and processing of Personal Information must be explicit, and individuals must be provided the ability to revoke consent in as easy a manner as consent was given. Individuals can withdraw their consent at any time. When 糖心vlog receives a request to withdraw consent, we will stop processing the Personal Information, unless there is some other legal grounds requiring the continued processing for the establishment, exercise, or defense of legal claims or is otherwise permitted by applicable law. Withdrawal of consent does not affect the lawfulness of the University’s processing that occurred before consent was withdrawn. Refusal to consent or withdrawal of consent will not impact an individual’s ability to access university goods and/or services that are applicable to them unless consent is a requirement for provision of those goods or services.

对收集和处理个人信息的同意必须明确，并且必须赋予个人撤回同意的权利，撤回同意的方式与撤销同意的方式一样简单。个人可以随时撤回其同意。当蒙特克莱尔州立大学收到撤回同意的请求时，我们将停止处理个人信息，除非有其他法律依据要求继续处理以建立、行使或辩护法律主张，或适用法律允许。撤回同意并不影响在撤回同意之前发生的大学处理的合法性。拒绝同意或撤回同意不会影响个人获取适用于他们的大学商品和/或服务的能力，除非该同意是提供这些商品或服务的要求。

Personal Information that an individual provides to 糖心vlog will generally be hosted on 糖心vlog servers located on its campus in NJ, U.S.A. To the extent that 糖心vlog needs to transfer Personal Information either from Mainland China to the U.S. or to another country, or from the U.S. to another country other than Mainland China, 糖心vlog will do so consistent with applicable laws regarding such transfers and only with the individual’s consent. To support such transfers, 糖心vlog requires Institutions? in Mainland China who share Personal Information with 糖心vlog to enter into 糖心vlog’s China Data Joint Handling Addendum that contains standard terms and conditions to clearly establish the rights and responsibilities of the parties involved in the transfer. Completed and executed Joint Handling Addendum’s should be returned to the Office of Global Engagement for retention.

个人向蒙特克莱尔州立大学提供的个人信息通常会托管在蒙特克莱尔州立大学位于美国新泽西州校区的服务器上。蒙特克莱尔州立大学需要将个人信息从中国大陆传输到美国或其他国家，或从美国传输到中国大陆以外的其他国家，蒙特克莱尔州立大学将仅在个人同意的情况下，按照有关此类转移的适用法律进行转移。为支持此类转移，蒙特克莱尔州立大学要求与蒙特克莱尔州立大学共享个人信息的中国大陆机构签署蒙特克莱尔州立大学的中国数据联合处理附录（填入链接），该附录包含标准条款和条件，以明确规定转移各方的权利和责任。完成并执行的联合处理附录应交回全球审计业务办公室保存。

The University often uses third-party systems to store and process Personal Information. Third-party vendors must complete and execute? 糖心vlog’s China Data Handling Addendum – Montclair as Personal Information Handler and Vendor as Entrusted Party. 糖心vlog’s China Data Handling Addendum includes clauses approved for use under the PIPL.? Completed and executed Data Handling Addendums should be returned to Procurement Services for counter-signature and retention.? The China Data Handling Addendum for use with University vendors can be found on the Procurement Services webpage at:? /procurement/forms/.

大学经常使用第叁方系统来存储和处理个人信息。第叁方供应商必须填写并执行蒙特克莱尔州立大学的中国数据处理附录——蒙特克莱尔州立大学作为个人信息处理者，供应商作为受托方。蒙克莱州立大学的中国数据处理附录包括根据个人信息保护法批准使用的条款。完成并执行的数据处理附录应交回采购服务部，以便进行会签和保留。供大学供应商使用的中国数据处理附录详见采购服务部网页（/procurement/forms/）。

The Data Handling Addendum or Joint Handling Addendum must be signed before Personal Information is transferred out of Mainland China to 糖心vlog, or to a University vendor. Please contact the Office of University Counsel for the appropriate Data Handling Addendum for your situation.

个人信息从中国大陆传输至蒙特克莱尔州立大学或大学供应商之前，必须签署数据处理附录或联合处理附录。

The PIPL requires that appropriate data protection measures are put in place to ensure the security and integrity of Personal Information that 糖心vlog collects, maintains, and otherwise uses.? 糖心vlog uses physical, managerial, and technical safeguards to protect Personal Information and that are designed to improve the integrity and security of Personal Information.? 糖心vlog uses data minimization, pseudonymization and encryption where appropriate, taking into consideration the risks presented by processing, accident or unlawful destruction, loss, alteration, and unauthorized disclosure.

个人信息保护法要求采取适当的数据保护措施，以确保蒙特克莱尔州立大学收集、维护和以其他方式使用的个人信息的安全性和完整性。蒙特克莱尔州立大学使用物理、管理和技术保护措施来保护个人信息，旨在提高个人信息的完整性和安全性。蒙特克莱尔州立大学在适当情况下使用数据最小化、匿名化和加密，同时考虑到处理、意外或非法破坏、丢失、更改和未经授权的披露所带来的风险。

To ensure appropriate measures are put in place to protect the security and integrity of Personal Information. PIPL requires an impact assessment be performed under the following circumstances:? 1) when Sensitive Personal Information will be handled; 2) when automated decision making involves Personal Information; 3) when Personal Information will be provided to a 糖心vlog vendor or other third-party; 4) when Personal Information will be transferred out of Mainland China; or 5) if handling the Personal Information will have a significant impact on an individual’s rights and interests.?? Any 糖心vlog unit that engages in such activities must use the to determine and document that the use of Personal Information is legitimate, justified, and necessary; the impact on the individuals’ rights and interests and security risks; and if security measures in place are legitimate, effective and appropriate to any such risks.? Impact Assessments must be retained by the 糖心vlog unit for no less than 3 years.

确保采取适当措施保护个人信息的安全性和完整性。个人信息保护法要求在以下情况下进行影响评估：1）处理敏感个人信息；2） 自动化决策涉及个人信息；3） 将个人信息提供给蒙特克莱尔州立大学供应商或其他第三方；4） 个人信息从中国大陆转移到境外；或5）处理个人信息对个人权益产生重大影响。任何从事此类活动的蒙特克莱尔州立大学单位必须使用影响评估表【填入链接】来确定并记录使用个人信息的合法性、合理性和必要性；对个人权益的影响和安全风险；以及所采取的安全措施是否合法、有效和适合任何此类风险。影响评估必须由蒙特克莱尔州立大学单位保存至少3年。

Personal Information is stored and retained in accordance with the??adopted by the State of New Jersey, Department of the Treasury, Division of Revenue and Enterprise Services – Record Management Services that is applicable to four year?colleges and universities, and other applicable U.S. Laws.

个人信息按照新泽西州、财政部、收入和公司服务部（适用于四年制学院和大学的记录管理服务）采用的记录保留计划以及其他适用的美国法律进行存储和保留。

Under the PIPL, automated decision-making (ADM) is defined as using computer programs to automatically analyze or assess personal behaviors, habits, interests, or hobbies, or financial, health, credit, or other status, and then to make decisions based on the analysis of such information. 糖心vlog? or the 糖心vlog Foundation may use automated decision-making (ADM)from time-to-time for screening for potential donors, data analytics, data mining, and targeted marketing. 糖心vlog does not use automated processing to make admission, academic, or employment decisions about individuals or other decisions that could have a major impact on their rights and interests based solely on automated processing.

根据个人信息保护法，自动化决策被定义为通过计算机程序自动分析、评估个人的行为习惯、兴趣爱好或者经济、健康、信用状况等，并进行决策的活动。蒙特克莱尔州立大学或蒙特克莱尔州立大学基金会可不时使用自动化决策筛选潜在捐赠者、数据分析、数据挖掘和目标营销。蒙特克莱尔州立大学不使用自动处理来做出有关个人的入学、学术或就业决策，或仅基于自动处理可能对其权益产生重大影响的其他决策。

University employees who have questions regarding this policy may contact University Counsel.? Individuals within Mainland China who have questions about the handling of their Personal Information should contact the individual identified in the PIPL Privacy Notice.

对本政策有疑问的大学员工可联系大学法律顾问。中国大陆境内的个人如对其个人信息的处理有疑问，应联系个人信息保护法隐私通知中指定的个人。

糖心vlog may update this policy from time to time. Any changes to the policy will become effective upon posting of the updated policy.

蒙特克莱尔州立大学可能会不时更新本政策。对政策的任何更改将在发布更新的政策后生效。

Effective Date:

生效日：

Related Documents – 相关文件

The EUGDPR replaces the Data Privacy Directive 95/46/EC and is designed to harmonize data privacy laws across the European Union (“EU”). The EUGDPR is designed to protect the privacy of data concerning a natural person that is collected or processed in, or transferred out of, the EU, and to regulate entities that offer goods or services in the EU. The EUGDPR defines personal data to include any information related to an identified or identifiable person which may include but is not limited to a name, reference number, identification number, location data, online identifier, email address, IP address, or one or more factors specific to a physical, physiological, genetic, mental, economic, cultural or social identity of a person. Therefore, the EUGDPR has broader protections that U.S. and N.J. laws.

The EUGDPR requires personal data to be processed lawfully, fairly and in a transparent manner, limited only to that data which is necessary, maintained for accuracy, stored only for the length of time required or needed, and safeguarded from unauthorized disclosure.

The legal bases under the EUGDPR which permit 糖心vlog to collect and process personal data include but are not limited to the following:? 1) the data subject has given consent to the processing for a specific purpose; 2) ?the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; 3) the processing is necessary for compliance with a legal obligation to which the University, as controller of the data, is subject; 4) the processing is necessary in order to protect the vital interests of the data subject or another natural person, 5) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the University; or 6) processing is necessary for the legitimate interests pursued by the University or by a third party, except where such interests are overridden by the interest of the fundamental rights and freedoms of the data subject which require protection of the personal data.

The EUGDPR requires consent, and the ability to revoke consent, whenever personal data includes race, ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation (“Sensitive Data”). Consent must be obtained unless the EUGDPR permits Sensitive Data to be collected and processed without consent.

The University may be subject to the EUGDPR if it recruits students or employees in the EU, conducts marketing in the EU, participates in student or faculty exchange programs within the EU, conducts fundraising targeted to the EU, conducts research with human subjects in the EU, or engages in other activities within the EU.? Therefore, Privacy Notices have been adopted by each affected unit of the University to describe the personal data collected, the applicable legal basis, the purposes for which data is used, safeguards imposed, the retention period, and a point of contact for an individual to exercise his/her rights under the EUGDPR. The University’s Privacy Notices can be found as follows:

• Academic Affairs
• Office of International Engagement

Individuals who wish to exercise their rights under the EUGDPR should contact the email identified in the applicable Privacy Notice.? In addition, current students may exercise their rights under the EUGDPR by following .

Consent may be recorded by using the online created by the Division of Advancement. Another consent template for use in the EU is available and should be modified depending upon the nature of the use. Click the following link to view the . Consent to the collection and processing of personal data must be explicit, and individuals must be provided the ability to revoke consent in as easy a manner as consent was given.

The EUGDPR requires the implementation of appropriate data protection measures taking into account the nature, scope, context and purposes of processing.? Data protection should be by design and default, using data minimization, pseudonymization and encryption where appropriate, taking into consideration the risks presented by processing, accident or unlawful destruction, loss, alteration and unauthorized disclosure.

An EU higher education institution that wishes to share personal data with the University must execute a .

Personal data collected by the University from or within the EU is stored in accordance with the adopted by the State of New Jersey, Department of the Treasury, Division of Revenue and Enterprise Services – Record Management Services that is applicable to four year?colleges and universities, and other applicable U.S. Laws. University employees may not destroy records until after a request to destroy is submitted to and approved by the State of New Jersey through Artemis after the applicable retention period expires.? You should contact University Counsel at 973/655-5225 to become a user of Artemis and to schedule training.

The EUGDPR includes a protocol for investigating, responding to and reporting the unauthorized disclosure of personal data.? Any employee who suspects a data breach should report it to the University Service Desk.?The Help Desk will respond by following the University’s Data Breach Response Protocol.

To establish sound and consistent management practices with respect to University contracts.

Scope

Contract administration begins during the Request for Proposal (RFP) process as part of the definition of contract terms and conditions, specifications and scope of work (SOW). Contract management begins after the contract is signed. The Contract Manager (CM) should assure that the contractor’s and University’s performance is in accordance with the specifications, SOW (if one exists) and the terms and conditions of the contractual agreement.

All contracts and other documents which create legally binding obligations on the University including, but not limited to, supply and procurement contracts, are subject to this Policy. This Policy will apply to a contract until contractual obligations have concluded.

Employment contracts and nonbinding memorandums of understanding are excluded from this Policy.

Procedure

1. Appointment of a Contract Manager (CM)
   1. A Contract Manager shall be appointed for contracts covered by this Policy. The CM will oversee and take responsibility for initiating the procurement and performance by the University of its obligations under the contract.
   2. The CM should be a staff member closely associated with the University project and relevant contract, with appropriate skill and experience to carry out the responsibilities of the contract management.
   3. The CM may delegate or assign to another staff member various functions or a task regarding the contract, but the CM remains the responsible manager according to the Policy.
2. Planning and Documentation
   1. Contract administration planning should occur pre-award
   2. All purchases encompass some post-award administrative efforts with the degree determined by evaluating the purchase complexity, value, delivery or performance schedule, commodity or service type and risk to the University. The development of a plan must specify the performance outputs and describe the methodology proposed to ascertain contract compliance.

   3. The specific procedures to be applied by the CM to assure that the contractor/vendor and the University are complying with all terms of the contract are unique to each contract. A contract checklist or milestone chart should be developed for each contract that requires multiple or scheduled actions by the contractor during the contract period. This document should be derived for the contract, extracting requirements, delivery dates, and start up and completion dates, plus any other related items. (These could include items like bonds, certificates of insurance, catalogs, warranties, manuals etc.)

3. Administering the Contract

   1. Ensure that the contract is valid as related to the contract term dates and renewal terms where applicable
   2. Ascertain that the contractor is providing timely goods and services in accordance with contract requirements
   3. Ensure that the contract file is complete and contains a copy of the signed contract and any modifications, all contract correspondence, inspections, records, memos and conversations with the contractor, receiving reports, invoices, etc.
   4. Review and approve any and all invoices submitted for payment for any and all services related to the performance of the contract.
   5. Notify Procurement Services of any failure by a contractor/vendor to comply with terms and conditions, specifications or SOW (if one exists) of the contract. (See Procurement Policies and Procedures Manual, Procedure #25)
   6. Prior to the end of the contract term, assess whether the contract can be extended or should/must be rebid. (See Procurement Policies and Procedures Manual, Procedure #27)
   7. If a contract is not to continue, the CM should provide an orderly transition from the contract.
   8. Following the expiration or termination of a contract, the CM should update University records accordingly.