Away from the College
property and other resources of a community college district are to be
used solely for college or district purposes is a basic tenet of Arizona
law. Not only does the state constitution prohibit using public resources
for private purposes, but also district governing boards are (according
to Arizona court decisions) guardians of those resources for the benefit
of the public.
of district-owned property for college purposes, however, might sometimes
require that such property, particularly equipment and supplies, be used
at locations off campus. A new administrative regulation seeks to ensure
protection of this property while, at the same time, allowing for its
use off site.
regulation expressly acknowledges that "a need exists for employees
and Governing Board members to utilize property off premises for job related
purposes or furthering the district's mission."
the regulation allows for the use of property off premises by students,
but only if "a responsible college official has determined that such
use is necessary for instructional purposes."
any lendee-student, employee, or board member-has custody of college property,
that person "is responsible for the property and its appropriate
use and maintenance," and "must take all measures necessary
to ensure the security of the property."
the regulation, the lendee will assume the "risk of loss or property
damage due to the lendee's failure to exercise due care in the possession
or use of the property."
regulation defines "due care" as "that level of care appropriate
under the circumstances." A lendee "assumes financial responsibility
for loss or damage to property" through that person's homeowner's
insurance or personal funds.
deference to legal restrictions, the regulation prohibits "the loan
of MCCCD property to or by an employee or a Governing Board member for
in the Spring 2002 Edition of In Brief