The purpose of this paper is to set forth procedures for establishing a contractual relationship between the University and participating affiliates with respect to the responsibilities and liabilities of both parties.
Many departments, schools, and colleges require or encourage students to have clinical or field training as a part of the curriculum necessary to graduate. Such training experience is usually attained with the cooperation of an outside agency which agrees to participate in a cooperative effort with the particular school or college. It is in the interest of both parties that a formal agreement be in place prior to the acceptance of students into such programs. From a risk management perspective it is especially beneficial for the University department to negotiate a contractual agreement which clearly delineates the level of liability for the parties involved in a way that is consistent with our risk management objectives.
These documents contain the primary terms to which the Board of Regents of the University of Wisconsin on behalf of the University and the cooperating agency (affiliate) have agreed. The language in these documents carries the approvals of the Attorney General's Office, State and System Risk Management. (See attached Master Agreement Form.)
Negotiated Agreements are those presented by the affiliate which may contain language in conflict with relevant Wisconsin State Statutes or which are beyond our capability to comply. In such cases, the risk manager will attempt to negotiate changes in the language to make it consistent with the approved affiliation agreement.
Program Memoranda are academic issues and details of the program which exclude any reference to liability, indemnification, or insurance protection. They are statements of agreement between the program contact of the affiliate and the dean of the school or college involved. They are limited to the time frame of a single program and are incorporated into the Affiliation Agreement by reference if not in any way inconsistent with it.
The Master List is a listing of all affiliates with which an Affiliation Agreement is currently in effect. The list should be maintained and updated by the campus risk manager with copies sent to System Risk Management and to the dean of each school or college.
Contracts, affiliation agreements, or agreements that obligate the State of Wisconsin can only be signed by those with signature authority. DO NOT SIGN those types of agreements. The Chancellor, Provost and Vice Chancellor of Academic Affairs, Vice Chancellor for Administration and Finance and the Director of Purchasing are the only individuals on campus who have signature authority.