All Executive Education Programs require an Executive Education Agreement between UMD and the sponsor. Some sponsoring organizations may also require a Non-Disclosure Agreement (NDA).
A limited number of University personnel are authorized to sign agreements with external organizations. The President, Provost, and Vice Presidents have signature authority, as do some administrative units that have a delegated signature authority memo. EXST is an administrative unit that has signature authority for an Executive Education Agreement or an NDA. Deans, directors, and department chairs may have signature authority for offer letters and other matters related to employment, appointment, promotion, and tenure, but do not have signature authority for Executive Education Agreements or NDAs with external organizations.
The State of Maryland can void agreements that are signed without authority. Additionally, certain agreement terms can impose personal civil and criminal liability on the individual who signs. For example, it is illegal for a state employee (including all University employees) to sign an agreement that creates an “unfunded liability,” which is any clause that might result in the University having to pay unspecified amounts of money (e.g., indemnification, warranty). A state employee who signs such a clause may be held personally liable for the cost of the unfunded liability and may be subject to up to 2 years in prison. (See Maryland Code Annotated, State Finance and Procurement Article, Section 7-237 and Maryland Constitution, Article III, Section 32.) On a positive note, University personnel are protected from liability by the Maryland Tort Claims Act so long as personnel are acting within the scope of their employment. It is crucial not to waive this protection by signing an either an Executive Education Agreement or NDA without authority.
EXST is authorized to sign agreements related to Executive Education provided the agreement does not utilize any federal government funds (including federal flow-down funding) or contain any federal terms and conditions. If the agreement does include federal funding, flow-down funding, or flow-down terms and conditions, including Federal Acquisition Regulation (FAR) clauses, then the agreement should be routed through the Office of Research Administration (ORA). In addition, agreements with an international component must be routed to the Office of International Affairs – Developing Programs.