Chapter 21 – Competition with Private Enterprise

(Amended 8/97; 2/02)

21.1 General Policy

It is the policy of the State of Iowa and the Board of Regents that The University of Iowa and other Regent institutions shall not compete with private enterprise. "Private enterprise" includes the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distribution, or advertising of goods and services. Certain activities which assist in the education, research, extension, or service missions of the institutions are permitted by statute. These include on-campus activities such as the operation of residence halls and radio and television stations, providing student transportation, sponsoring or providing facilities for athletic and cultural events, and providing services to patients and visitors at The University of Iowa Hospitals and Clinics. In compliance with Iowa Code and the Board of Regents Policy Manual, the University has on file in the Office of the Senior Vice President for Finance and Operations a written protocol for:

  1. reviewing proposed activities involving the sale of goods, provision of services, or usage of facilities to ensure that The University of Iowa's activities are consistent with Board of Regents policies;
  2. receiving, reviewing, and responding to inquiries about activities carried out by the University; and
  3. consultation with business interests in the Iowa City community.

21.2 Competition with Private Enterprise and Community Concerns

  1. Purpose. In compliance with Iowa Code 23A, and the provisions of the Board of Regents Policy Manual 2.2.8D, The University of Iowa adopts the following written policy on Competition with Private Enterprise and Community Concerns in order to establish:
    1. A mechanism for reviewing proposed activities involving the sale of goods, provision of services, or usage of facilities to ensure that The University of Iowa's activities are consistent with Board of Regents policies; and
    2. A procedure for receiving, reviewing, and responding to inquiries about activities carried out by the University; and
    3. A mechanism for consultation with business interests in the Iowa City community.
  2. University Committee on Competition with Private Enterprise and Community Concerns. The University Competition with Private Enterprise and Community Concerns Committee shall be composed of a representative from the Office of the Executive Vice President and Provost, one from the Office of Strategic Communication, one from the Office of the Senior Vice President for Finance and Operations, one from the Office of the Vice President for Students Services, one from the Office of the General Counsel, and one faculty member appointed by the Senior Vice President for Finance and Operations in consultation with the Faculty Senate. The committee chair will be appointed by the Senior Vice President for Finance and Operations. The committee shall:
    1. Meet, on an as-needed basis, to deal with specific concerns raised by members of the public with respect to activities of The University of Iowa involving the sale of goods, provision of services, or usage of University facilities; and to review any proposed activities of The University of Iowa involving the sale of goods, provision of services, or usage of facilities to ensure that the activities are consistent with Board of Regents policies.
    2. Consult, on an as-needed basis, and in conjunction with the Senior Vice President for Finance and Operations, with representatives of the Iowa City community and of business interests in the Iowa City area for the purpose of:
      1. Advising The University of Iowa on its policies and procedures regarding the sale of goods or services which might compete with private enterprise.
      2. Making recommendations, at the request of The University of Iowa, on particular activities.
    3. Act in accordance with the following procedure, as amended periodically, in receiving, reviewing, and responding to inquiries and complaints about activities carried out by The University of Iowa.
  3. Procedure.
    1. A private enterprise aggrieved by an alleged violation of Iowa Code 23A and/or Board of Regents Policy Manual 2.2.8D may file a complaint with the University of Iowa Office of the Senior Vice President for Finance and Operations.
    2. A complaint shall include at least the following:
      1. The name, address, and phone number of the complainant, and if a corporation or partnership, of the individual acting on behalf of that entity; and
      2. A short, plain statement of the particulars of the alleged violation sufficient to identify the University activity alleged to be improper, and the reasons why the complainant claims the activity is improper.
    3. After receiving the complaint:
      1. The committee shall investigate the allegations and, where appropriate, meet and confer with the complainant for the purpose of reaching a resolution of the complaint; and
      2. Then the committee shall issue its conclusions which shall be advisory to the University's Senior Vice President for Finance and Operations. If the complainant is dissatisfied with the decision of the University, then the complainant may appeal to the Board of Regents pursuant to the appeal process set out in Board of Regents Policy Manual 2.2.8D.

(IC 23A; BRPM 2.2.8D)