Using College Property
Away from the College

That 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.

Use 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.

The 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."

Moreover, 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."

While 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."

Under 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."

The 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.

In deference to legal restrictions, the regulation prohibits "the loan of MCCCD property to or by an employee or a Governing Board member for personal reasons."

Published in the Spring 2002 Edition of In Brief