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The University recognizes that certain employees, due to the nature of their jobs and/or the location in which they work, may require wireless communications devices in order to adequately conduct official business. Further, the University recognizes the need to be able to contact and/or communicate outside of business hours with certain employees who possess essential knowledge, decision-making ability and/or whose expertise is critical for the on-going operation of the University. This policy establishes the rules and procedures for compensating employees for wireless devices or providing them with such devices.
Wireless Communications Device is an electronic device used to communicate information wirelessly. Mobile communication devices relevant to this policy include, but are not limited, to the following devices: cellular telephone, smartphone, tablets, mobile cellular internet connectivity device, and mobile internet device. For purposes of this policy, a mobile internet device is defined as a large format smartphone or a tablet computer. Laptops, notebooks, and netbooks are NOT included in this definition or addressed by this policy. A mobile internet device may or may not have cellular telephony capability.
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B. Stipend Approval: Supervisors must review stipend levels for all employees receiving a stipend for an employee-owned wireless communication device prior to July 1, 2017. Stipend levels provided on or after July 1, 2017 must conform to this policy and the following procedures. All new and continuing stipends must initially be approved by the supervisor, department head, and responsible executive employee. Subsequent reviews and approvals are outlined below. See Wireless Communication Device Stipend Request Form (doc). Completed forms must be submitted to Human Resources. In accordance with federal regulations, once the stipend level is approved, supervisors may request a copy of their wireless communications plan contract or invoice to ensure that the stipend does not exceed actual costs for verifying no tax withholdings are necessary.
D) Discontinuation of Stipend: A department head may discontinue a stipend at any time. The department should notify Human Resources immediately if a stipend is to be discontinued. Notification can be made by modifying the End Date on a copy of the original Stipend Request Form and submitting the modified form to Human Resources specifying that additional pay should be discontinued.
E) Costs above Stipend Levels: International Use. In some instances, international business requires incremental cellular service costs that may be reimbursed through the Travel Office with appropriate documentation. If business use results in a billed amount that is more than the nontaxable stipend amount, reimbursement may be sought with appropriate documentation through regular expense reimbursement procedures. If increased business use will continue, the monthly nontaxable stipend can be revised by submitting an updated form to Human Resources specifying that the monthly nontaxable stipend should be increased and the effective date of the increases. Increases will not be considered retroactively.
For employee-owned devices, current copies of the approval forms/agreements must be on file at all times with the Office of Human Resources. The Office of Human Resources shall retain such records for a period of five year for internal or external audit purposes.
Stipends or other university compensation for wireless communications devices or plan is not considered an entitlement, is not part of an employee's base salary, and may be changed and/or withdrawn by the University at any time.
A) Select and Purchase Device/Plan: The employee is responsible for the selection and purchase of a device and enrollment in an appropriate wireless service plan. The plan must, at a minimum, cover the requirements identified and approved by the department head. The employee may select service from any vendor whose service meets the requirements of the employee's job responsibilities as determined by the department head. Insurance or accessories not required by the Agreement are the responsibility of the employee as the employee owns the device. The employee may obtain a more expensive plan if desired for personal use, but will only receive the stipend amount agreed upon for University business use. Payment of bills for the service plan and device are the responsibility of the individual, not the department.
In addition, the University will not provide direct payments to a vendor for the purchase of equipment or monthly service charges for the equipment covered under these procedures. Additionally, the University will not enter into contracts with vendors for employee use of these devices or services on behalf of employees; University-owned devices are addressed in section V.B, below. Failure to notify the University when a device is disconnected or a plan is terminated may be considered fraud and constitute grounds for disciplinary action and repayment of excess funds to the University.
B) Provide Department with Phone Number: Any employee receiving a stipend must provide his/her department with the device phone number or other identification number (if the device does not have telephony capabilities) within five (5) working days of activation or the stipend will be discontinued.
C) Provide Bill for Verification of Usage: The employee must be able to show, when requested by their department head or University administration, that the monthly bill for his or her wireless device usage, including taxes and fees, is at least the amount of the stipend being received. If the monthly bill does not, on average, equal or exceed the stipend amount, the department head may decrease the stipend to a lower amount or discontinue the stipend.
A) Employee-initiated Change or Cancellation: f, prior to the end of the service contract, a personal decision by the employee, or employee misconduct, or misuse of the device, results in the need to end or change the service contract, the employee will bear the cost of any fees associated with that change or cancellation.
B) University-initiated Change or Cancellation: If, prior to the end of the service contract period, a University decision (unrelated to employee misconduct) results in the need to end or change the service contract, the University will bear the cost of any fees associated with that change or cancellation. If, for example, the employee's supervisor has changed the employee's duties and the device is no longer needed for University purposes and the employee does not want to retain the current contract, change or cancellation fees will be reimbursed by the University.
All University departments and employees are responsible for protecting university information no matter where it is stored. Employees accessing university information on mobile devices must comply with University data protection and security policies; see Section VI below.
Employee-owned wireless communication devices may be connected to University servers, therefore, information passed through the University systems, servers, etc. is considered University information and subject to the Virginia Freedom of Information Act (FOIA), University records retention requirements, and other policies and procedures. Employees who use their personal cell phones, computers, tablets, and other electronic devices to communicate on University business should be advised that such communications may be subject to the FOIA and other policies.
In those limited cases and with approval by the appropriate Vice President, Senior Vice President, or Provost, departments may request the purchase of a university-owned device through the Procurement Office. Procurement will ensure that appropriate wireless contracts are developed to address the number of employees required to carry wireless equipment, the volume of calls, and the most cost effective means of addressing the requirements. Departments are required to submit documentation regarding the business purpose of all wireless communications devices to the Procurement Office, the employees to which they are assigned, and documentation that the devices are provided for business use, using the Wireless Device Form.
2. Departmental Responsibility for Cost and Contract Obligations: Because University-owned devices are designed to be used for University communication only, the department will be responsible for the cost and contract obligations of the service plan. All University-owned cell phones must be procured through an approved University contract to ensure effective pricing. All devices procured through the University remain the property of the University and the employee must surrender the device immediately to the department upon termination of employment or cessation of the department need.
3. Documentation/Audit Requirements: Departments are required to submit copies of the approval forms/agreements to Procurement. Receipts or other valid evidence of device purchases and service contracts, and documentation of device usage shall be retained for five years for internal or external audit purposes.
4. Employee Responsibility to Reimburse the University for Personal Use: Any unusual or excessive personal use of a University-owned wireless communications device must be paid to the University by the responsible employee(s) based on documented device usage. Charges above the monthly plan are an indication of unusual or excessive use and the employee must explain or justify such use if payment by the employee to the University for excess charges is to be avoided. This applies to University-owned devices that meet the business use definition.
6. Recommended Vendors: Departments are required to purchase wireless communications devices and service plans that are available from approved vendors participating in University preferred vendor programs. For more information, contact W&M Procurement at [[procure]].
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