3.35 / Independent Contractor

Effective: July 01, 1997Last Revised: November 26, 2019

  1. Initiating Authority

    Human Resources

  2. Purpose

    The purpose of this policy is to provide guidance for who qualifies as an independent contractor and a procedure for contracting with them at Wichita State University (University).

  3. Policy Statement

    This policy applies to anyone intending to contract for supplemental services to be paid for by the University regardless of the source of funds. Any department or unit of the University intending to engage a service provider as an independent contractor must follow University approval and contracting procedures as set forth in this policy prior to the start of any work or performance of services.

    Individuals currently employed by the University or any other State of Kansas agency may not provide services to the University as an independent contractor without prior approval, in accordance with this policy.

  4. Definitions

    For the purpose of this policy only, the following definitions shall apply:

    • Contracts Department – Departments who are responsible for the management of contracts, vendors, and partners of the University. This includes the Office of Research and Technology Transfer (ORTT), National Institute of Aviation Research (NIAR) Contracts, and the Office of the General Counsel.
    • Employee – An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes temporary and part-time Employees.
    • Leadership – University Department Chairs, Directors, Deans or any other individual designated by the University with authority to purchase third party services.

  5. Administrative Procedure

    1. Leadership identifies potential need to contract for third party services, regardless of the monetary level.
    2. Leadership communicates the potential need for services by a third party to the appropriate Contracts Department as set forth below:
      1. For contracts that will be funded from any funds managed by ORTT, contact: Office of Research and Technology Transfer (ORTT) Pre-Award Contracts Department proposals@wichita.edu
      2. For contracts that will be funded from funds designated as a NIAR fund, contact: NIAR Contracts Department, contracts@niar.wichita.edu
      3. For all other contracts, contact the Office of the General Counsel, gc.contracts@wichita.edu
    3. The appropriate Contracts Department works with the requesting department or unit to ensure the proper approvals have been obtained and to finalize the appropriate contract for services.
    4. If, at any time during this process the Leadership or the Contracts Department determines the services being provided do not qualify for independent contractor and should be fulfilled by an existing or future Employee, the Leadership shall then partner with Human Resources to open an Employee position or otherwise assign the services to an existing Employee.
    5. University guidance regarding classifying an individual as an Employee or an independent contractor can be found on the webpage of Human Resources.

  6. Applicable Laws And Additional Resources

    • US Department of Labor: Wage and Hour Division: Fact Sheet 13
    • 20-P-015 Implementation of Daily Process to Identify SMART AP Vouchers for Current Employees