Understanding the "Third Party" Definition at UCLA

UCLA, as part of the University of California system, operates under specific guidelines and regulations. These encompass various aspects of its operations, including financial management, research, student conduct, and intellectual property. Understanding how UCLA defines and interacts with "third parties" is crucial for navigating its policies and procedures.

Ownership and Identity

All University of California names, including UCLA Marks, are the property of the State of California. When referencing UCLA, it is important to use a sans serif font (e.g., Times Roman, Courier, New Century Schoolbook, Palatino, etc.) that is clearly distinguishable from the UCLA Primary Logos and excludes styles.

Third-Party Relationships in Financial and Operational Contexts

At UCLA, a "third party" often refers to an external entity that provides goods or services to UCLA or its campus units in exchange for payment. This definition is particularly relevant in financial and contractual contexts.

Financial Account Structure

Understanding UCLA's account structure provides context for how financial interactions with third parties are managed. At UCLA, an account number is 6 digits long and linked to a fund. The first 2 digits of expenditure accounts reflect the purpose of the account (such as 40-instruction, 44-research, 77 and 78-student financial aids etc.). The last four digits reflect the organization (school or college) and department that will control the account. The other types of accounts linked to an extramural fund are revenue (2XXXXX), unexpended balance account (1198XX), accounts receivable accounts (11XXXX), Program Income (XXXX10), and other balance sheet accounts used by central administrations.

Allowable Costs

When UCLA engages with third parties, especially in research-related activities, costs must adhere to specific federal regulations. The Code of Federal Regulations (CFR) defines allowable costs as those that are:

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Reasonable
Allocable to the project
Given consistent treatment by use of generally accepted accounting principles

Research and Compliance

Research activities at UCLA, particularly those involving animals or human subjects, require specific approvals. The University mandates specific oversight committees to ensure ethical and regulatory compliance. University approval obtained by a PI to conduct research that involves experiments on or treatment of animals. If animals are involved, approval is obtained from the Chancellor’s Animal Research committee (ARC). At UCLA, the ARC is under the umbrella of the Research Safety and Animal Welfare Administration (RSAWA). The ARC is an independent research review committee mandated by the Animal Welfare Act and the PHS Policy on Humane Care and Use of Laboratory Animals (PHS Policy). University approval obtained by a PI to conduct research that involves experiments on or treatment of human subjects. If humans are involved, approval is obtained from the Institutional Review Board (IRB).

Federal Funding and Regulations

UCLA receives significant funding from federal agencies, making it subject to various federal regulations and guidelines. This includes adhering to federally mandated accounting standards intended to ensure uniformity in budgeting and spending funds. The Federal Acquisition Regulation (FAR) is the primary set of rules governing how the US government acquires goods and services. It provides a standardized framework for all executive agencies, ensuring a fair and transparent procurement process.

Research Agreements and Collaborations

UCLA engages in various agreements with external entities to facilitate research and development. These agreements define the terms and conditions of collaboration, including intellectual property rights and deliverables.

Consortium Agreements: A consortium includes two or more institutions working on the same research project.
Data Use Agreements (DUA): A DUA is an agreement meant to specifically address use of data.
Material Transfer Agreements (MTA): A written agreement entered into by a provider and a recipient of research material. The purpose of the MTA is to protect the intellectual and other property rights of the provider, while permitting research with the material to proceed.
Subaward Agreements: Outgoing third-party agreement to fund a portion of the scope of work of an extramurally funded award.

Industry Affiliates Programs

UCLA TDG manages industry-sponsored activities, with internal requirements for each activity type. Industry Affiliates Programs offer faculty and company members the opportunity to collaboratively explore and discuss broad research topics in a pre-competitive environment. Industry Affiliates Program agreements are intended solely for establishing membership and should not be used for sponsored research that provides unique benefits to individual members. Individual Sponsored Research Agreements must be used for research benefiting individual members, specifying costs, schedules, and deliverables. Industry Affiliates Programs should: Facilitate interaction among industry members, faculty, and students. Require that all members receive the same research results and intellectual property rights.

Other Transaction Agreements (OTAs)

Legally binding instruments that may be used to engage industry and academia for a broad range of research and prototyping activities. OTAs are typically defined by what they are not: they are not standard procurement contracts, grants, or cooperative agreements. Subaward Agreements under a Prime Other Transaction Agreement (OTA) to another entity that provides support to UCLA.

Third Parties and Student Conduct

The UCLA Student Conduct Code outlines the expectations for student behavior and the processes for addressing misconduct. While the code primarily focuses on the conduct of students, it also addresses interactions with external parties and the potential consequences of student actions on the University's reputation.

Advisors and Support Persons

The UCLA Student Conduct Code defines specific roles for individuals supporting students involved in conduct reviews. An Advisor is any individual accompanying a Student throughout the student conduct review process. The Advisor may be any person, including an advocate, attorney, friend, or parent who is not otherwise a party or witness involved in the matter being reviewed by the Office of Student Conduct. A Student may be accompanied by their Advisor at any meeting or proceeding that is part of the student conduct review process. While the Advisor may provide support, guidance, and advice to the Student that the Advisor is accompanying, the Advisor is not permitted to speak for or otherwise disrupt a Student Conduct Review or Student Conduct Hearing. Similarly, a Support Person is any individual accompanying a Student during any stage of the Student Conduct Review and Administrative Resolution process. The Support Person may be any person, including an advocate, attorney, friend, or parent, who is not otherwise a party or witness involved in the matter being reviewed by the Office of Student Conduct. The Student may be accompanied by a Support Person in addition to an Advisor at any meeting in the Student Conduct Review or in the Student Conduct Hearing, as outlined in this Code. The role of the Support Person is only to provide support. The Support Person is not permitted to speak or participate in, or otherwise disrupt, a Student Conduct Review or Student Conduct Hearing.

Prohibited Behavior

Students may be held accountable for committing or attempting to commit a violation of this Code or for assisting, facilitating, or participating in the planning of an act that violates this Code (or an act that would be in violation of this Code if it were carried out by a student). This includes academic dishonesty, fabrication, and plagiarism.

Data Privacy and Third-Party Interactions

UCLA Health has a privacy notice that applies to its Site visitors, users of its Services, and Talent Acquisition activities. It explains how UCLA Health collects, uses, stores, and shares your information for Talent Acquisition purposes, including the use of our Applicant Tracking System (ATS) and Candidate Relationship Management (CRM) system.

Personal Information

UCLA Health is the controller of the personal information we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal information is used. This Privacy Notice does not apply to the collection, use, and disclosure of your protected health information. Please see our HIPAA Notice of Privacy Practices for more information about how UCLA Health collects, uses, and discloses your protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). When we use the term “personal information” in this Privacy Notice, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person or household or any other data or information that constitutes “personal data”, “personal information,” or “personally identifiable information.” As noted above, it does not include protected health information under HIPAA.

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Information Collection and Use

UCLA Health collects personal information in a variety of ways. We use this information to fulfill your request, to communicate with you directly, and to send you marketing communications in accordance with your preferences. We may collect payment information in order to complete your transaction. Please note that we use third party payment processors to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers. Rather, all such information is provided directly by you to our third-party processor. We use this information to administer and facilitate the Services, to respond to your submission, to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.

Information Sharing

UCLA Health will not distribute or share “electronically collected personal information” (as defined in subdivision (d) of California Government Code Section 11015.5) about users to any third party without the permission of the user, except in narrow circumstances as set forth in this Privacy Notice, such as instances when authorized under law (including but not limited to the Information Practices Act), or to assist another state agency or public law enforcement organization in any case where the security of a network operated by a state agency has been, or is suspected of having been, breached. UCLA Health will not sell any electronically collected personal information to any third party. Such electronically collected personal information is exempt from requests made pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). In the Talent Acquisition context, we share your personal information only when necessary for recruitment purposes or as required by law. We may identify potential candidates through publicly available sources or referrals. We will obtain your explicit consent through an opt-in mechanism. This ensures you understand and agree to: Allowing us to store your data. Being contacted regarding employment opportunities. You can withdraw your consent at any time by contacting us.

SMS/Text Messaging Policy

UCLA Health provides High Availability SMS communications targeted at consumers in the health care sector. SMS messages sent through our UCLA Health dedicated short code 82524 (UCLAH) are sent by employees to our consumers for notification of either service events and/or maintenance windows regarding the services provided. Communications through our short codes services are on an Opt In basis. Purchase is not a requirement of the SMS program. User will opt-in to the short code program via keyword (“JOIN”).

Cookies and Tracking Technologies

UCLA Health uses cookies and related technologies to collect information about users' interactions with its services. These technologies help to improve the user experience, analyze usage trends, and personalize content. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”). We use the following types of cookies: Strictly necessary cookies, Functional cookies, Analytical/performance cookies and Targeting Cookies.

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