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Disclaimer Notice

The materials presented here are for informational purposes only and do not constitute legal advice on a particular matter. Legal advice must be tailored to the specific facts and circumstances relating to an issue. For legal advice on a particular Rutgers University matter within your official responsibilities, please consult with a member of the Office of General Counsel (OGC).

Conflicts of Interest

In the simplest terms, a "Conflict of Interest" is a conflict between an individual’s private or personal interests and the interests of the entity to which he or she has official responsibilities as a person in a position of trust. At Rutgers, a conflict of interest exists when there is the potential that a person in a position of trust may put his or her own interests ahead of his or her duties and obligations to the University.

  • Yes. Both the New Jersey Conflict of Interests Law and Rutgers Code of Ethics define and provide examples of instances where a Rutgers employee may have a conflict of interest.

  • There are three essential principles in all ethics and conflicts rules:

    1. Rutgers employment shall not be used to obtain “unwarranted privileges and advantages” for oneself or others;
    2. Rutgers employees are to conduct their duties objectively and maintain the independence which fosters objectivity. Rutgers employees shall avoid any outside interests which could inappropriately benefit them due to their role as University employees or influence their University activities;
    3. Rutgers employees should avoid the appearance of impropriety.
  • Yes. Rutgers has a policy on Conflicts of Interest – Faculty (Policy 60.5.8), that addresses the professional activities (including outside employment) in which faculty may engage. The policy makes clear that faculty members may engage in outside employment and professional activities
    that are neither adverse to the interests of Rutgers or "trade" on the faculty members’ employment at Rutgers to secure inappropriate privileges or advantages for themselves or others.

    Examples from the policy regarding conflicts of interest are:

    • Orienting University research, teaching, or other University activity for inappropriate private advantage or, without disclosure to the University, to serve the needs of outside individuals, organizations, or institutions with which the faculty member is associated for financial gain.
    • Transmitting, without disclosure to and approval by the University, to outside individuals, organizations, or institutions with which the faculty member is associated for financial gain, or other inappropriate nonacademic use for financial gain or other private advantage, of University-sponsored work products, results, materials, records, or information that are not made generally available.
    • Undertaking for financial gain or other private advantage, and without permission from the University, either in the employment of oneself or in that of outside individuals, organizations, or institutions, contracted research or other similar contracted professional activity that the faculty member would normally engage in under University auspices.
    • Participating in or influencing the purchase or lease of equipment, instruments, materials, or other items for University use from individuals, organizations, or institutions with which the faculty member is associated for financial gain without disclosure of the association to the University.
    • Using University equipment, materials, services, students, or facilities without proper authorization, and compensation where appropriate, for the faculty member's own benefit or for the benefit of other individuals, organizations, or institutions with which the faculty member is associated for financial gain.
    • Accepting gifts, favors, or services having value from individuals, organizations, or institutions seeking access to University facilities or programs, or with which the University does business, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his or her duties.
  • No. Although Conflicts of Interest – Faculty (Policy 60.5.8) defines "Outside Employment" as "all work for which one is compensated by any source other than Rutgers, The State University of New Jersey," it specifically notes that outside employment does not include ". . . compensation for published or creative works in one's field or honoraria for commissioned papers and occasional lectures." What is included within the definition is "self-employment, as well as part-time employment, consulting, advising, research, and teaching for other employers."

  • Yes. The Investigator Conflict of Interest policy (Policy 90.2.5) was developed to identify and manage actual or perceived conflicts of interest that may arise in research. The purpose is to ensure the integrity, objectivity and freedom of inquiry by Rutgers' investigators, and the safety and welfare of human research subjects.

  • Yes. There is a Conflicts of Interest Policy for Members of the Boards of Governors and Trustees, the Camden Board of Directors, and University Officers (Policy 50.1.12) that specifically and clearly describes how the New Jersey Conflict of Interest law applies to members of both the Board of Governors and the Board of Trustees, as well as University Officers (as those Officers are defined in the Board of Governor’s Bylaws III.A.)

  • Yes. The Rutgers Office of University Ethics and Compliance maintains a website that has direct links to an Ethics FAQ, policies and forms related to the avoidance of conflicts of interest. University Ethics and Compliance has also developed a helpful "Plain Language Guide" that explains when Conflicts of Interest may arise, how best to avoid them and how to deal with them when they cannot be avoided.

HIPAA Privacy and Security

Rutgers is committed to protecting "protected health information" in accordance with all applicable New Jersey and federal laws. Rutgers policies governing the privacy of protected health information can be found in Section 100 of the Rutgers Policy Library under "Clinical, Compliance, Ethics & Corporate Integrity".

  • "Protected Health Information" means individually identifiable health information that relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual or the past, present or future payment for the provision of health care to an individual and identifies or could reasonably be used to identify the individual.

    Protected Health Information excludes individually identifiable health information in: (a) Education records covered by the Family Educational Rights and Privacy Act and (b) Employment records held by a covered entity in its role as employer.

    • ​Names
    • Street address, city, county, precinct, zip code, and equivalent geocodes
    • All elements of dates (except year) for dates directly related to the individual, including birth date, admission date, discharge date, date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of 90 or older
    • Birth date
    • Telephone numbers
    • Fax numbers
    • Electronic mail addresses
    • Social security number
    • Medical record number
    • Health plan beneficiary number
    • Account numbers
    • Certificate/license number
    • Any vehicle identifiers and serial numbers, including license plate numbers
    • Web Universal Resource Locator (URL)
    • Internet Protocol (IP) address number
    • Finger or voice prints; biometric identifiers
    • Full face photographic images; and any comparable images

    Any other unique identifying number, characteristic, or code that a Rutgers provider has reason to believe may be identifiable to an anticipated recipient of the information.

  • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) establishes rules and regulations regarding access and disclosure to protected health information. Under HIPAA, protected health information, or PHI, is individually identifiable health information. New Jersey law also protects patient information from disclosure and includes heightened protections for the disclosure of certain types of particularly sensitive medical information (i.e., mental health and substance abuse records). Another federal law commonly known as "Part 2" protects substance abuse records in some instances (depending on where and from whom services are delivered).

    Rutgers patients all receive a Notice of Privacy Practices which outlines how our providers use and disclose PHI. The Rutgers Notice of Privacy Practices describes the rights of patients cared for by Rutgers providers.

  • HIPAA provides the following patient rights:

    1. To request that we communicate with the patient confidentially
    2. To see or receive a copy of health information
    3. For some disclosures, to receive a list of with whom Rutgers shared information
    4. To request an amendment change to the medical record
    5. To receive a copy of Rutgers’ Notice of Privacy Practices
    6. To make a complaint. Complaints may be made by:
      • Contacting the Rutgers Privacy Officer at 973-972-8093
      •  Contacting the 24/7 anonymous compliance hotline
      • Making a complaint with the Secretary of the Department of Health and Human Services
    7. For certain purposes, such as marketing, the right to provide permission before PHI may be used or shared
  • Under HIPAA regulations, if PHI is disclosed or accessed in an inappropriate manner, typically an investigation will take place to determine if a breach has occurred. A breach will result in notification to the affected individual(s).

    The Rutgers Compliance Office is responsible for receiving complaints alleging violation(s) of HIPAA’s Privacy and Security Rules, and for investigating and resolving these allegations. You can reach the Compliance Office at:

    Privacy Officer University Ethics and Compliance
    Rutgers, The State University of New Jersey
    Stanley S. Bergen, Jr.
    Building 65 Bergen Street Suite 1346
    Newark, New Jersey 07107
    973-972-8093

    The role of the Rutgers Privacy Program is more fully described in the Rutgers policy governing Standards for Privacy of Individually Identifiable Health Information.

    The University Ethics and Compliance Office works closely with the Office of the Senior Vice President and General Counsel in determining if a breach has occurred.

  • Rutgers takes the privacy of its patients seriously. Please contact the University Ethics and Compliance Office or submit an anonymous report through the Rutgers Compliance Hotline.

    Alternatively, you can speak with a Rutgers lawyer with any questions by contacting the Office of the Senior Vice President and General Counsel.

Intellectual Property

All University personnel (including faculty, staff, persons holding any form of research appointment, visiting professors and scientists, undergraduate and graduate students, graduate assistants, teaching assistants and post-doctoral fellows) and all other persons with inventions that result in whole or in part from the use of University facilities or resources are subject to the Rutgers University Patent Policy (Policy 50.3.19).

  • All University personnel (including faculty, staff, persons holding any form of research appointment, visiting professors and scientists, undergraduate and graduate students, graduate assistants, teaching assistants and post-doctoral fellows) and all other persons with inventions that result in whole or in part from the use of University facilities or resources are subject to the Rutgers University Patent Policy (Policy 50.3.19).

    Pursuant to this policy, all such inventions must be disclosed and assigned to the University. The federal Bayh-Dole Act allows universities to be the owners of intellectual property created through federally funded research (e.g., NIH, NSF, and NCI). The University Patent Policies pertaining to legacy UMDNJ personnel are Policy 50.3.15 and 50.3.16. These Policies describe the requirements regarding the disclosure and assignment of rights to the University, the return of rights to the inventor under certain circumstances, and the distribution of income resulting from the licensing, sale or assignment of inventions discovered by University personnel.

  • You should contact Rutgers’ Office for Research by completing and submitting a Notice of Invention Form.

  • Invention disclosure review, patent application filing and prosecution, patent licensing, and non-disclosure agreements related to patents and licensing are handled by Rutgers' Office for Research.

  • Rutgers retains ownership of patent rights resulting from sponsored research in most instances. Sponsored research projects with public and private not for profit sponsors are handled by Rutgers' Office for Research (OfR). OfR assists faculty and departmental staff in navigating through the proposal submission and award set up process.

    Additionally, sponsored research projects with industrial sponsors are handled by OfR. They also handle non-disclosure agreements related to research matters, material transfer agreements, and clinical trial agreements.

  • Rutgers researchers may be accused of patent infringement and Rutgers could potentially have liability for such infringement. If you are accused of infringement, you must immediately contact the OGC.

  • If you are contacted by a company seeking a license to use the Rutgers University Trademarks (e.g., "Scarlet Knights"), please contact the University Communications and Marketing's Licensing Office.

  • If you have created potentially copyrightable content (in your Rutgers’ capacity), such as text, video, images, media or software, you should contact Rutgers’ OfR by completing and submitting a Notice of Authorship Form or a Notice of Software Form.

  • The University has a comprehensive guide to copyright for faculty, students and staff. This resource provides links to all the relevant University policies and has extensive information about the use of copyright materials and the rights of copyrights holders.

    You should call OGC regarding copyright matters such as:

    • If you have a question as to whether the copyright to a particular work belongs to the University or not
    • If you receive notice from a third party that you or the University is infringing on that party’s copyright
    • If you believe that a work to which the University owns the copyright is being infringed

    While OGC can help advise you regarding Rutgers-owned works or use of third party works in connection with Rutgers activities, it cannot provide advice regarding works to which you own copyright. If you need legal advice regarding personal copyright matters, please contact us or browse our resource section.

Lawsuits and Litigation

  • The University’s Policy on Service of Legal Process (Policy 50.3.2), proceed if there is an attempt to serve you with legal process in a University-related matter. Prompt action is required. Additionally, you can consult with the OGC if you have any questions. Likewise, if you are contacted by an outside attorney in connection with University business, please consult with the OGC prior to talking to such outside attorney.

  • The University Indemnification Policy (Policy 50.3.3), governs whether the University will provide legal counsel and cover costs associated with a lawsuit against a University officer or employee based on matters that arose out of and occurred in the course of the performance of the officer’s/employee’s duties at the University. Officers and employees are not automatically defended by the University in such lawsuits.

    Determinations on whether the University will provide a defense to an officer or employee named as a defendant in a lawsuit are made by the Senior Vice President and General Counsel on a case-by-case basis pursuant to the Indemnification Policy and the law. This requires a written summary of the matter and request to OGC for indemnity. If the University provides coverage to an officer or employee, the University has the right to conduct the defense. Employees and officers may hire and pay for their own private lawyer even when the University provides coverage defense; however, these costs will not be reimbursed by the University under the Indemnification Policy.

  • Law enforcement agents serving search warrants on the University and its agents should first contact the appropriate campus public safety or security office listed below to assist in the execution of the search warrant. The University expects that its own law enforcement officials will supervise searches and seizures of Rutgers’ property and questioning of Rutgers personnel. Agents should be prepared to provide a business card(s) of the agent(s) executing the search warrant, a copy of the search warrant including attachments, and an inventory list of all property seized before leaving.

    University Public Safety Offices

    Camden Division
    409 North 4th Street
    Camden, NJ
    Phone: 856-225-6111

    New Brunswick Division
    55 Commercial Avenue
    New Brunswick, NJ
    Phone: 732-932-7211

    Newark Division
    200 University Avenue
    Newark, NJ
    Phone: 973-353-5111

    Biomedical & Health Sciences Division at Newark
    5 Bruce Street
    Newark, NJ
    Phone: 973-972-4491

    University faculty and staff who are served with a search warrant or informal search request by a law enforcement or investigative agent seeking Rutgers documents or property should respond as follows:

    1. At all times, be polite, courteous, and cooperative with the agent.
    2. Request identification and/or a business card from the agent(s) or write down the agent’s name, title, agency, and work address, phone number and email address.
    3. Request to make a copy of the search warrant including all attachments, if there is one. Make a copy of the search warrant including all attachments.
    4. Advise the agent that you will be pleased to assist them after contacting campus police and the OGC as required by Rutgers protocol. Ask the agent to wait while you contact the appropriate campus police or security office and the OGC.
    5. Be prepared to send a fax or pdf of the search warrant via email to the OGC. It is the role of the OGC to assess the validity and scope of the search warrant and assist in determining the most appropriate method of response that is least disruptive to business operations. It is the role of campus police and security to assist in ensuring that the search warrant is properly executed (e.g., ensuring that the search does not exceed the scope of the warrant.)
    6. If the search warrant authorizes the agent to seize computers or data storage equipment, advise the agent that you need to contact your local IT support team to obtain a backup copy of any data before the computers are removed. Do not attempt to delete or alter any data.
    7. Request a written inventory listing everything that was seized during the search. The inventory should be signed by the agent with the time, date, and the agent’s full contact information.
    8. Meet with an attorney in the OGC to continue to discuss the search and seizure process and appropriate next steps.​

Gifts from Vendors

The New Jersey State Ethics Commission has interpreted the State Conflicts of Interest Law that any personal gift from a current or prospective vendor to public employees is inappropriate. Minor exceptions are discussed below.

  • Snacks, coffee, juice, and similar items are allowed. Accepting meals from a vendor is not permissible under the rules established by the Ethics Commission. However, it is all right if the university pays for the meals or if the employee reimburses the vendor for the meal. If there is an important approved occasion which university employees are attending as part of their job, then the university will make arrangements to reimburse the vendor for the cost of the meals.

  • The State Ethics Commission will not allow public employees to accept meals from vendors under any circumstances. If attendance at the training event is deemed valuable to the skills of university employees, then the university will pay the vendor for the cost of the meals.

  • Yes. The meals are included in the conference fee.

  • Certainly you can accept anything that might be evaluated for possible university use as vendors often give samples of their products away for these purposes.

    You may accept items of truly nominal value, such as give-away pens, hats, and cups. On the other hand, you will not want to use vendor-branded items at work as it could convey a bias and closer association with the vendor than is the case. Here you are expected to use your best judgment.

  • No. This is essentially socializing with vendors with the vendor paying for the food and drink. Remember, vendor staff are sales people. Vendors are interested in selling their products, so the purpose of any vendor event is to create a favorable impression in order to have an employee buy their product.

    Your attendance at such an event creates an appearance of impropriety. The State Ethics Commission regularly underscores this as a significant potential minefield for creating problems of bias in public-sector procurement. Even when a public employee is not actually biased when participating in a subsequent decision respecting a vendor, there is still the problem of these events creating an appearance of impropriety including receiving a personal benefit on account of one’s public employment.

  • No. Vendors will be advised by email that these gifts are inappropriate and that vendors should make their best efforts to inform their staff that gifts to Rutgers employees are inappropriate. This notice will become part of all purchase orders and will be on the procurement website which should curtail offers of holiday (or other) gifts.

  • If you receive a gift from a vendor, immediately contact the ethics office at ethics@uec.rutgers.edu. The gift will either be returned by the ethics office or donated to a charitable organization identified by the University. The ethics office will instruct on the proper method for disposing of the gift and send a letter to the vendor.

  • Yes. Vendors often support the university with gifts of equipment or make financial gifts, but individual employees should not be the beneficiaries of these gifts. Refer to the University Donor Gift Policy 40.2.13.

Frequently Asked Questions

    1. Who does the Office of General Counsel represent?

      The Office of the Senior Vice President and General Counsel (“OGC”) provides legal advice and representation to Rutgers, the State University. The University and all of its schools and departments are one legal entity. In that capacity, the OGC advises the Board of Governors, Board of Trustees, and officers, faculty, and staff, all in their official capacities, on various issues impacting the University to reach decisions that are in the best interest of the University. To the extent different areas of the University have different viewpoints on any issue, the President, or if the situation requires, the University’s Board of Governors have final authority.
    2. Can the Office of General Counsel represent or give legal advice to individual faculty members, students or staff on non-University matters?

      No. The OGC represents the University (not individuals in their personal matters) and will only provide legal advice on University matters to University employees in their official capacities.
    3. May I hire an outside attorney for University business?

      No. Only the OGC can hire outside counsel for University business. If you feel the services of an attorney are needed for a matter or situation you are handling, you should first contact the OGC to discuss the situation and the legal services needed. If a member of the OGC cannot handle the matter in-house, the OGC will retain an outside attorney to ensure your legal needs are addressed. Even if an outside attorney is retained, a member of the OGC will remain involved in the matter. Unless otherwise cleared with OGC, you should not be speaking directly with an outside attorney even after an outside attorney is retained for your matter. Instead, all conversations with outside attorneys should also involve a member of the OGC.
    4. Which attorney in the Office of General Counsel should I contact if I need legal assistance?

      You may contact any attorney about any matter. The attorney you contact will either handle the matter or refer you to a colleague within the OGC with more subject matter expertise. There are four practice groups within the OGC – Feel free to contact the Deputy General Counsel of a practice group which might pertain to your question:
      • David A. Cohen
        Vice President for University Labor Relations and Special Counsel for Labor Affairs

      • Farrah Gold Henry
        Associate Vice President and Deputy General Counsel Labor & Employment

      • Stephen B. Nolan
        Associate Vice President and Deputy General Counsel Healthcare

      • Robert Roesener
        Associate Vice President and Deputy General Counsel Transactional

      • Aron M. Schwartz
        Associate Vice President and Deputy General Counsel General Practice & Litigation

    5. Can the Office of General Counsel recommend a personal attorney?

      OGC is not responsible for recommending or finding attorneys to represent you on personal matters. If you are a student, you may seek help from the Office of Student Legal Services. Otherwise, you may contact the New Jersey State Bar Association or the lawyer referral services of the local county bar association.

    1. Where can I make an employment-related complaint or express my concerns about an employment issue? I am a supervisor, where can I get assistance in responding to colleagues’ complaints or concerns?

      Rutgers University Human Resources can support both complainants and supervisors in addressing employee complaints and concerns. The Office of Employment Equity investigates complaints of sexual harassment, sexual misconduct, discrimination and harassment based on protected class, workplace violence, and Conscientious Employee Protection Policy (“whistleblower”) violations. Protected classifications include race, color, national origin, sex, sexual orientation, gender identity or expression, disability, age, veteran status, and any other category covered by law.
    2. Where can I be supported in making or responding to a request for disability or religious accommodations?

      The Office of Employment Equity is responsible for coordinating the University's efforts to provide reasonable accommodations based on an employee's disability or religious observances and/or practices.

    3. I would like to obtain a background check for a person I am hoping to hire. What should I do?

      All background checks are conducted by University HR or by the Office of Labor Relations based upon job category and/or the applicable legal requirement. Learn more about background checks.

    4. An individual or agency is conducting a background investigation or reference check about a current or former faculty or staff member and is requesting information and/or asking questions. What should I do?

      Direct the requestor to the UHR Service Center.

    1. Are there rules relating to University employees engaging in political activities?

      The University Policy on Electoral Political Activities and the Use of University Resources, (Policy 50.3.4), acknowledges that the university community has a right to participate or not, as in the election process. However, as an institution, the University shall be free of partisanship and may not participate or intervene in any political campaign. No member of the University community may speak or act in the name of the University in a political campaign. Those who in their official capacity speak for the University should make it clear when expressing individual views that they are not stating a University position.
    2. What are some activities in which members of the University community may engage in their official University functions or in University settings when consistent with University Policy?
      • Discuss ideological or political issues or teach about political issues or techniques
      • Engage in academic endeavors which address public policy
      • Conduct scholarly research on the effects of a campaign proposal on the university, state, economy, etc.
      • Compile and assemble data and other factual information on the effects of a campaign proposal
      • Disseminate factual material and/or the results of scholarly research to news organizations, academic journals, etc.
      • Post factual material and/or the results of research to a University web site
      • Plan conferences, forums, symposia or panel discussions -- or invite guest speakers to campus -- to discuss campaign-related issues
    3. What are some examples of activities in which members of the University community may engage only on their own time (provided they do not use University resources and do not say or imply they are acting on behalf of the University)?
      • Contribute money to a political campaign
      • Act as a campaign volunteer by writing letters, making phone calls, knocking on doors or distributing flyers in support of or opposition to a political campaign
      • Organize or attend rallies in support of or opposition to a political campaign
      • Write letters to the editor or op-ed pieces for publication
      • Give speeches or participate in debates
      • Write to elected officials to express their opinion
    4. Are employees allowed to campaign as political candidates?

      Employees campaigning as political candidates for local, state or federal offices shall do so only on their own time.
    5. May candidates for public office speak at commencement or convocation ceremonies?

      No. It is longstanding University practice not to invite declared candidates to speak at any of the commencement or convocation ceremonies in order to avoid any appearance of showing favoritism in a political campaign.
  • As set forth in the Charitable Contributions and Expending University Funds Related to Charitable Causes Policy (Policy 20.1.15), “Rutgers makes contributions to the state and local communities through its outreach efforts in the areas of education, research, and public service. By policy, it prohibits the use of public funds to make monetary contributions to other organizations or causes. Only authorized representatives of the university may expend university discretionary, non-state funds for approved purposes.”

    1. As a Rutgers employee, am I allowed to make contributions to charitable organizations using my own money or funds?

      Rutgers policy does not prevent or in any way discourage Rutgers employees or individuals associated with Rutgers from making contributions to whatever causes they choose from their own funds.
    2. As a Rutgers employee, can I use my Rutgers email to solicit charitable donations for a charitable organization that I support?

      No. You cannot use Rutgers email or resources to make University-wide solicitations. (Policy 60.1.9) University-wide solicitations for charitable purposes are prohibited, with the exception of university-sponsored programs such as the Rutgers Foundation, the University Condolence Fund and the Employees’ Combined Charities Campaign.
    3. As a Rutgers employee, can I use Rutgers monetary sources to make charitable donations for an organization that I support or wish to give to?

      No. Rutgers monetary or State-funded resources may not be used to make charitable donations. In fact, no University resources, whether state or non-state, may be used for donations.
    4. Does Rutgers institutionally support charitable organizations?

      Yes. Only authorized representatives of the University (the President, Executive Vice Presidents, and Chancellors), or their designees, may expend University funds for such purposes as entertaining visiting scholars at lunches or dinners, hosting social engagements to promote a particular program or activity, supporting tables at charitable events, purchasing advertisements in program books and other types of social interactions categorized as "official functions."
  • Rutgers serves more than 80,000 minors annually. University students, faculty and staff interact with youth in many ways: as coach, counselor, mentor, researcher, teacher, or volunteer – either on behalf of Rutgers directly, or with an outside agency hosting minors in a Rutgers owned or operated facility. Rutgers is committed to protecting the safety of minors participating in University-sponsored programs or in programs operated by outside entities that are held in University facilities. To help achieve this goal, Rutgers maintains a robust protection of minors program under the direction of the Protection of Minors Steering Committee.

    The Protection of Minors website includes links to the University’s Protection of Minors Policy (Policy 30.1.9), as well as resources such as the University’s Guide to Working with Minors; Resources for Program Directors and Principal Investigators; Information for External Programs Hosting Minors at Rutgers; the portal to the Protection of Minors Database; and detailed answers to Frequently Asked Questions. The OGC recommends that all University students, faculty, staff and external programs hosting minors at Rutgers review the information on the University’s Protection of Minors website.

    1. Is gambling illegal in New Jersey?

      Yes, except where permitted by law (such as casinos and racetracks), gambling is an illegal activity in the State of New Jersey. Specifically, N.J.S.A. 2A:40-1, states: "All wagers, bets or stakes made to depend upon any race or game, or upon any gaming by lot or chance, or upon any lot, chance, casualty or unknown or contingent event, shall be unlawful."
    2. Is a lottery illegal?

      It is. N.J.S.A. 2C:37-1 (h) defines a Lottery as: ". . . an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value."
    3. Can a student organization run a raffle as a fundraiser?

      Yes, subject to the Events and Program Planning Guidelines and consistent with the laws of the State of New Jersey. Regulations setting forth the necessary requirements for any "Games of Legalized Chance" to take place (and how they are to be advertised, organized and run) are found in the New Jersey Administrative Code at sections 13:47-1.1 through 13:47-20.41.

      Games of Chance, limited to raffles and bingo, are lawful activities in the State of New Jersey when, and only when, the sponsoring organization is registered with the state and licensed with the local township in which the drawing takes place and the prizes are awarded. The initial procedure to register a sponsoring organization and license their activity is as follows. Additional guidelines from the New Jersey Legalized Games of Chance Control Commission may apply once a sponsoring organization becomes registered.

      The sponsoring organization must first submit an Initial Affidavit and Application for Biennial Registration (found on https://www.njconsumeraffairs.gov), along with the organization’s constitution and bylaws, to the New Jersey Legalized Games of Chance Control Commission. Political clubs and organizations are not eligible to apply for registration. For additional information, contact New Jersey Legalized Games of Chance Control Commission.

    Special Note: Rutgers in no way endorses or encourages organizations to hold or sponsor bingo and raffle events. The above procedures have been enumerated for information purposes only. The Division of Student Affairs and Rutgers University accept no responsibility or liability for legalized games of chance sponsored by student organizations. Adherence to the appropriate procedures and applicable state and local municipality laws and ordinances is the sole responsibility of the sponsoring organization. The sponsoring organization will be in violation of state and local law if tickets are printed and/or sold or if a bingo or raffle event is advertised or publicized prior to receiving the New Jersey registration certificate and the local municipal games of chance license.

    1. May alcoholic beverages be served on campus?

      The sale, provision, serving, possession, and consumption of alcoholic beverages on the Rutgers campuses are regulated by federal and state laws and by local ordinances. All members of the University community are obligated to obey these laws, regulations, and ordinances. The University does not have the authority to alter the laws or secure exemption from them. Members of the University are individually responsible for determining how applicable laws, regulations, and ordinances apply to them, and for obeying them.

      A license is needed to sell alcohol in the state of New Jersey. No member of the University community may sell alcoholic beverages to any person of any age without a license or special permit issued by the New Jersey Alcoholic Beverage Control Commission. See New Jersey Statutes Annotated N.J.S.A. 33:1-2 and Title 33 of the New Jersey Statutes, generally.

      By policy, the use of alcoholic beverages at social functions on the Rutgers campuses is restricted to those functions open to members of sponsoring departments/organizations and their invited guests where service of alcohol is restricted to those of legal drinking age as defined by pertinent New Jersey Statutes. Such functions must be restricted to areas designated by the deans, chancellors, or vice presidents. In all cases, state laws governing the dispensing of alcoholic beverages must be observed and the Alcohol or Other Drugs Policy for Employees (Policy 60.1.11) and the Alcohol and Other Drugs Policy for Students (Policy 10.2.14) must be followed.
    2. What other laws are applicable to serving alcohol on campus?

      A person who is below the legal drinking age of 21 years of age may not acquire, possess, or consume alcoholic beverages on any University property or at any University-sponsored event. See N.J.S.A. 2C:33-15.

      A person who is of legal drinking age (21 years of age or older) may not give any alcoholic beverage to a minor, assist or allow a minor to acquire or consume any alcoholic beverage, except a parent or guardian of the minor, if the alcoholic beverage is consumed for religious observance, ceremony, or rite. See N.J.S.A. 2C:33-17; N.J.S.A. 33:1-81.
    3. How may I obtain a license to sell alcohol?

      Generally, the University does not obtain a license to sell alcohol, but will enter into a professional service provider agreement with a third-party that has a license. University Procurement Services and/or the OGC should be contacted in this regard.
  • Many Departments, Schools, Units or Centers at Rutgers engage in contracts or other arrangements with third parties which require those third parties to pay money to Rutgers for services rendered by such Departments, Schools, Units or Centers.  Unfortunately, there may be occasions where a third party fails to pay Rutgers what is owed under the contracts or other arrangements.  In those situations, it becomes necessary for the Department, School, Unit or Center to take action to collect the payments.  The Office of the Senior Vice President and General Counsel (“OGC”) has developed a guidance document which outlines the steps that should be taken to collect past-due payments owed to Rutgers.  Any Rutgers University employee with responsibility to oversee accounts receivable or manage business affairs or contracts or grants in which money is payable to Rutgers and has not been paid timely can use this guidance document in their efforts to collect such payments.   NOTE: this guidance document is not meant for employees within Student Accounting. Rutgers’ Student Accounting has developed its own robust delinquent tuition collection procedures because tuition is the main revenue source for Rutgers.

    The guidance document is not available to the general public but can be obtained by any Rutgers employee upon request by contacting the OGC at 848-932-7697 or at legal@ogc.rutgers.edu.  Requestors should identify their name and title at Rutgers, indicate they are requesting the guidance document for collecting past due accounts receivable, and provide their Rutgers contact information.   OGC will then provide the guidance document to the requestor.

    1. I know Rutgers is a 501(c)(3). What does this mean?

      Currently, entities that have received IRS designation as a 501(c)(3) have certain benefits, namely, they can procure certain goods and services without paying sales taxes and they are generally exempt from paying income tax at an entity level for income related to the entity’s exempt purpose. In addition, individuals and entities who gift money or property to a 501(c)(3) can also receive a tax benefit based on the value of the gift or property. Rutgers is a “dual entity” under the Federal Internal Revenue Code meaning Rutgers has been designated as a 501(c)(3) but, because Rutgers is an instrumentality of the State of New Jersey, Rutgers is also considered a “Section 115” entity – which refers to Section 115 of the Internal Revenue Code. The income to a Section 115 entity also is exempt from federal income tax. For more information about taxes generally, please see the Office of the University Controller's tax-services web page.

    2. Can I obtain 501(c)(3) designation for an entity within Rutgers in which I work?

      No one at Rutgers should form, attempt to form, or consider forming a corporate entity and/or attempt to obtain a 501(c)(3) designation for any official business of Rutgers without permission of the University. Any questions regarding Rutgers’ tax status, or whether it might be a good idea to form a 501(c)(3) entity should first be discussed with a member of the OGC and with the University’s Tax Director.