400 FINANCIAL & ADMINISTRATIVE POLICIES (410A)

Aug. 25, 2007

Updated 7/07

ELECTRONIC SIGNATURES

Definitions

1. An “Electronic Signature” is an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign a record.

2. An “Electronic Record” is a record created, generated, sent, communicated, received, or stored by electronic means.

3. A “Record” is information that is inscribed on a tangible medium or that is stored in any electronic or other medium and is retrievable in perceivable form. Financial, medical, and student documents are records.

4. An “Electronic Transaction” is a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

5. “Electronic” relates to technology having digital, electrical, magnetic, wireless, optical, electromagnetic, or similar capabilities.

6. An “Approved Electronic Signature” is an electronic signature which complies with the requirements set forth in this policy.

Use of an Electronic Signature

When a signature is required by Kansas Athletics, KU, the NCAA or the Big 12 Conference, that requirement is met when the electronic record has associated with it an electronic signature using an approved electronic signature method.

The signing of a record using an approved electronic signature method does not mean that the record has been signed by a person authorized to sign or approve that record. Appropriate procedures must be used to confirm that the person signing the record has the appropriate authority.

This policy applies only to transactions between parties each of which has agreed to conduct transactions by electronic means.

If the parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender of its information processing system inhibits the ability of the recipient to print or store the electronic record.

Sanctions

Any employee that makes inappropriate or illegal use of electronic signatures and/or records is subject to sanctions up to and including dismissal, suspension, and criminal prosecution as specified elsewhere in this Manual.