General Provisions, Page 5
Section 1: General Provisions
Independent Contractors
1.
General
Careful distinction must be made between work which should be accomplished by employees on the
University
payroll or by individuals or firms on a personal services contract (verbal, letter or formal).
Since there are numerous
employer-employee obligations as well as independent contractor liabilities,
the individual's status should be carefully
considered, and cases of doubt resolved in favor of the
employee classification. An erroneous classification as an
independent contractor can result in serious
penalty to the University for failure to deduct withholding taxes. In some
circumstances, the University
contracting officer should require a certificate of insurance coverage to not only relieve
the University of
liability, but to further establish a valid independent contractor relationship.
Work may be undertaken as an independent contractor only when the individual or firm is as defined
below and is not
an employee of the University, unless specific exception is provided by the Executive
Director and Chief Human
Resource Officer of the Human Resources Department.
2.
Definition of an Independent Contractor
An independent contractor, for the purposes of this manual, is defined as an individual or firm who
performs personal
services and who:
1.
Retains the right to decide the way in which final results are achieved and the details of when,
where
and how the work is to be done, and also
2.
Receives no benefits, directly or indirectly, that accrue to University employees. For example, the
individual(s) is not covered by the University for workers’ compensation covering personal injury,
for
public liability covering injury to others, or for unemployment compensation.
3.
The above factors are controlling.
In addition, an independent contractor generally:
1.
Provides own tools and materials.
2.
Has a place of business and a business listing in a directory where the services are offered to the
public.
3.
Agrees to perform specific services for a fixed price.
4.
Is free to work for any one or more clients during any given interval.
3. Performing Artists, Athletic Officials and Consultants
Employment of performing artists, athletic event officials and consultants is covered in the Purchasing
Manual.
Nondiscrimination Policy
Colorado State University does not discriminate on the basis of race, age, creed, color, religion, national origin or
ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or
pregnancy and will not discharge or in any other manner discriminate against employees or applicants because they
have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. The University
complies with the Titles VI and VII of the Civil Rights Act of 1964, as amended, related Executive Orders 11246 and
11375, Title IX of the Education Amendments Act of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973,
Section 402 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, the Age Discrimination in
Employment Act of 1967, as amended, The Pregnancy Discrimination Act of 1978, Americans with Disabilities Act of
1990, the Civil Rights Act of 1991, the ADA Amendments Act of 2008, the Genetic Information Nondiscrimination Act of
2008, and all civil rights laws of the State of Colorado. Accordingly, equal access and opportunity in treatment,
employment, admissions, programs and activities shall be extended to all persons. The University shall promote equal
opportunity and treatment in employment through a positive and continuing affirmative action program for ethnic
minorities, women, persons with disabilities, and veterans. The Office of Equal Opportunity is located in 101 Student
Services Building.
The Title IX Coordinator is the Executive Director of the Office of Support and Safety Assessment, 123 Student Services
Building, Fort Collins, CO 80523 -2026, (970) 491-7407. The Section 504 and ADA Coordinator is the Executive Director
of Human Resources and Equal Opportunity, Office of Equal Opportunity, 101 Student Services Building, Fort Collins,
CO 80523-0160, (970) 491-5836.