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Policy 208 - Independent Contractors

208. Independent Contractors

Statement

An independent contractor may be engaged when the required knowledge or expertise is not readily available at the University or not available on a timely basis, and when the services are needed for a limited period of time. Santa Clara University retains the right of oversight over the level and content of the work to assure receipt of adequate value for money spent.

Procedures

Prior to making any commitment on behalf of the University, departments must refer to the Independent Contractor procedure, available from the University Finance Office. In order to pay an individual as an independent contractor the department must submit an Independent Contractor Request to the Dean or Director. The Dean or Director should review each specific case and determine whether the individual meets the criteria to be an independent contractor. Persons who do not meet these criteria are considered employees and must be treated and paid as such.

As a first step in considering the engagement of someone as an independent contractor, the Dean or Director must determine and certify that the following criteria apply. If the following conditions are met, detailed information is available from the University Finance Office.

Payments to independent contractors are made when submitted on an invoice or timesheet approved by the managers with whom they contract. Contractors must furnish social security numbers and are issued a form 1099 at the end of the year. The University is not responsible for withholding or submitting of income or employment taxes for independent contractors. Nor is the University responsible for providing worker’s compensation coverage for contractors.

Responsibility

It is the responsibility of the hiring supervisor, deans, and directors to verify that engagement of an independent contractor follows the guidelines detailed in this policy.

Resource

For further information on this policy contact Human Resources or the University Finance Office.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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