Electronic Signature Policy

Policy Number: #900

Responsible Executive(s):

  • President

Responsible Office(s):

  • Office of Legal Counsel

Date Adopted: 10-19-2022

Date Revised: 10-19-2022

A. Purpose

To identify requirements for the use of electronic signatures, electronic transactions, and electronic records in conducting business operations at Regis University.

B. Scope

This policy applies to all members of the Regis University community including faculty, staff, students, and vendors and governs all uses of electronic signatures and electronic records used to conduct official University business.

C. Definitions

"Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

"Electronic signature" (also "e-signature") means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. As used herein, it also includes a digital image or facsimile of an ink signature (i.e., an image placed in a record) if it comes from the signer’s Regis email account or is generated by the signer within an approved e-signature application.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. It includes contracts, agreements, memoranda, and other instruments used in official University business. It does not include any documents or records explicitly excluded from the E-Sign Act or UETA by law including wills, codicils, testamentary trusts, family law matters, official court documents, notice of cancellation of utility services, changes in the primary residence of an individual, cancellation or termination of health insurance or life insurance benefits (excluding annuities), recall or material failure of a product, or any document required to accompany any transportation or handling of hazardous materials.

D. The Policy

  1. University Disclosures. University administrative processes shall provide for the use of electronic transactions to conduct official university business whenever possible. If a law prohibits a transaction from occurring electronically, the transaction must occur in the manner specified by law.
    1. Prior to consenting, the University will provide the consumer with the hardware and software requirements for access to and retention of the electronic records
    2. Should the software to access the record change, the University will either
      1. Provide notice of the change and allow the consumer to revoke their previous consent
      2. Provide a non-electronic copy
  2. Consent to Use Electronic Signatures. By accepting this university policy on Electronic Signatures, you give your consent for the University to accept your electronic signature in lieu of a written signature on any document where e-signatures are accepted.
    1. To comply with the Department of Education’s Standards for Electronic Signatures in Student Loan Transactions as in GEN-01-06, all students are required to opt in or out of a consent form to use electronic signatures. The consent form is presented to students during the admissions process.
    2. At your request, you may have the record made available on paper or in nonelectronic format. A cost of $0.50 per page is assessed for all electronic forms provided in nonelectronic format.
    3. Faculty, staff, students and vendors may withdraw their consent to use electronic signatures through Regis University at any time by filling out appropriate documentation.
  3. Electronic Signatures and Electronic Records
    1. Where policies, laws, regulations and rules require a signature, that requirement is met if the document contains an electronic signature.
    2. If a law requires an electronic signature to contain specific elements, the signature must contain those elements.
    3. Where policies, laws, regulations and rules require a written document, that requirement is met if the document is an electronic record.
    4. Where required by law, each party to a transaction must agree to conduct the transaction electronically in order for the electronic transaction to be valid. Consent may be implied from the circumstances.
    5. This policy does not limit the University’s right or option (or as employees, affiliate staff, associates, and students’ right or option) to conduct a transaction on paper or in non-electronic form, nor affect the right or obligation to have documents be provided or made available on paper when required by applicable policies, laws, or regulations.
  4. Maintenance of Electronic Records
    1. If a law requires that a record be retained or retained in its original form, an electronic record of the information is sufficient if it accurately reflects the information in the original record and remains accessible for later reference.
  5. Security Procedures
    1. Regis University has adopted security procedures for electronic signatures that are practical and secure. Regis University sends electronic documents through @regis.edu email addresses which works as a password protected process to authenticate and use the credential issued to establish electronic signatures and conduct transactions electronically. This helps to ensure accuracy, integrity, accessibility, authenticity, reliability, usability, and completeness.
    2. While Regis University cannot guarantee that all risk can be eliminated, the University does provide a process for undertaking an appropriate analysis prior to approving the use of electronic signatures by using a unique identifier so that every document a University constituent signs will be recorded as signed by them and them alone. Individuals who falsify electronic records, electronic transactions, or electronic signatures are subject to disciplinary action, up to and including termination of employment or study and criminal prosecution under applicable federal and state laws.

E. Related Policies, Procedures, Forms and Other Resources

  1. Related Policies
    1. Electronic and Information Technology Accessibility Policy
    2. Responsible Use of Email
  2. Related forms
    1. Appendix A: Sample E-Signature Disclosure

F. End Notes

  1. This policy refers to (GEN-01-06) Use of Electronic Signatures in the Federal Student Loan Programs.
  2. This policy was written in accordance with Public Law 106 - 229 - Electronic Signatures in Global and National Commerce Act.

Appendix A: Sample E-Signature Disclosure

In compliance with the E-Sign Act and UETA, Regis University uses e-signatures to verify consumers’ intent to be bound electronically. To use this [name of system/product/platform for which the signature is required], you will need a minimum of [describe any hardware/software requirements necessary to access the electronic records…something like “Java 5” or “ios5” or “Microsoft word 90 or greater”]. If the hardware or software required to access the records changes, you will be notified at log-in, and may renew your consent by your continued use, revoke your consent, or request a non-electronic copy. By clicking “affirm” below and offering an electronic signature in any form whatsoever, you accept and agree to be bound by said electronic signature to all matters on the [name of system/product/platform for which the signature is required] during the course of your relationship with Regis. Further, a duplicate or copy of the Agreement that contains a duplicated or non-original signature will be treated the same as an original, signed copy of this original Agreement for all purposes. You may receive a copy of your records in nonelectronic form, or withdraw your consent to sign electronically, by emailing xxxx at xxx@regis.edu. Paper copies will be provided at a cost of $0.50 per page. A full copy of the E-signature policy is available at www.regis.edu/policies/electronic-signature-policy.

[ ] By clicking here, I affirm I intend to be bound by my e-signature, and I have reviewed the e-sign policy at www.regis.edu/policies/electronic-signature-policy.

[area for e-signature] [date]