Prohibited Practices
The California State University (CSU) is opposed to any practices that misuse or abuse state property, funds, labor, or information.
Officers and employees of the CSU and its auxiliary organizations should ensure their actions abide by federal and state regulations and do not violate prohibited practices.
- Personal Use of Information (Reference: Education Code 89006)
- Unless specifically stated in the terms and conditions of employment or contractual relationship, it is unlawful for a person to utilize any CSU or CSU Auxiliary Organization information that is not a matter of public record, for personal pecuniary gain. Prohibition of such utilization applies whether or not a person is or is not so employed or under contract at the time the gain is realized.
- Appropriation of State Property or Services (Reference: Public Contract Code 10334;
E.O. 409; Penal Code Sec. 72)
- Use of CSU procurement facilities or procedures to obtain property or services for personal use, or misrepresentation to vendors or contracts that personal acquisitions are for the CSU when they are not, can result in prosecution for misrepresentation, embezzlement, and theft.
- Conflict of Interest (Reference: Education Code 89006. Government Code 8100 et seq.,
82019; State Budget Act Section 7.00)
- It is unlawful for any person to utilize any information, not a matter of public record, that is received by that person by reason of his or her employment by, or contractual relationship with, the Trustees, the California State University, or any Auxiliary Organization for the California State University, for personal pecuniary gain, not contemplated by the terms of the employment or contract, regardless of whether the person is or is not so employed or under contract at the time the gain is realized.
- Commercial Endorsements of Products or Services (Reference: Education Code 89005.5
(a)(2), (3); Trustees' Resolution 63-16)
- Officers and employees of the CSU, within their official capacities, are prohibited from commercially endorsing through the use of advertisements, any commercial product or service.
- Misuse of the Name "California State University (Reference: Education Code 89005.5)
- The name "California State University" is the property of the State. No person shall use this name, any abbreviation of it or any name of which these words are a part, without the permission of the Trustees.
- Restrictive Bid Specifications (Reference: Public Contract Code 10318)
- No State agency or employee thereof shall draft or cause to be drafted, any specification for bids in such a manner as to limit the bidding directly or indirectly to any one bidder.
- Splitting Orders or Contracts (Reference: Public Contract Code 10329)
- Splitting purchases or contracts in order to avoid the competitive bidding requirements prescribed in law, regulation or policy is prohibited.
- Advance Payments (Reference: Public Contract Code 10312; Title 2, Sec. 679; Government
Code 11257)
- Payment in arrears is the prescribed method or remitting payment for State acquisitions. Documentation is required to be rendered by the Disbursing Officer that the CSU has received appropriate return and/or in-kind value in order for consideration to be paid. Advance payments by the State are permitted, however, whenever specifically authorized in law and determined to be in the State's best interest.
- Prohibition of Labor Abuse (Reference: E.O. 718)
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This policy shall apply to all licensing agreements with the California State University or a CSU Affiliated Enterprise authorizing a license to manufacture products bearing the name, logo, or image of the CSU. This policy shall include each contractor, subcontractor, vendor, or manufacturer that is engaged in the manufacturing process including assembly and packaging of a CSU license product.
The CSU is opposed to any acts or omissions by a licensee that would constitute labor abuse. Officers and employees of the CSU and its auxiliary organizations will use their best efforts to ensure that licensees adhere to non-abusive labor practices, including the provision of safe and healthful working conditions.
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