This document is intended solely as guidance and does not contain any mandatory requirements except where requirements found in statute or administrative rule are referenced. This guidance does not establish or affect legal rights or obligations and is not finally determinative of any of the issues addressed. This guidance does not create any rights enforceable by any party in litigation with the State of Wisconsin or the Board of Regents. Any decisions made by the Board of Regents in any matter addressed by this guidance will be made by applying the governing statutes and administrative rules to the relevant facts.
Original Issuance Date: June 18, 2025
Last Revision Date: June 18, 2025
1. Purpose of Guidelines
The purpose of these guidelines is to provide guidance on when students can be considered “agents of the State” and therefore eligible to drive Universities of Wisconsin vehicles, including hired and leased vehicles.
2. Publishing Office(s)
Office of Compliance and Risk Management
3. Affected Stakeholders on Campus
These guidelines primarily impact students who would qualify as “agents of the State” under section 5 of these guidelines.
4. Primary Responsibility
The UW System Office of Risk Management has primary responsibility for these guidelines. UW institutions may have more restrictive policies for student driving privileges.
5. Guidelines
Per UW System Administrative Policy (SYS) 615, Vehicle Use and Driver Authorization, Universities of Wisconsin vehicles, including hired and leased vehicles, may only be driven by students while serving as “agents” of the State, so as to ensure there is liability coverage under Wis. Stats. §§ 893.82 and 895.46.
The Department of Justice’s 2014 memorandum, Summary of Student Liability Coverage, describes that whether a student is an “agent” of the State depends on the following two-factor test:
- Is the student performing an act that falls within the University’s educational mission and/or outreach activities; and
- Is the student participating in an activity that is under the direction and control of the university.
The following table has been created to help provide guidance on this topic.
| Test | ||||
| Student Scenario | Examples | Mission and/or Outreach | Direction and Control | Agent of the State |
| Athletics | ||||
| NCAA competitions and team practice-related travel. | Football, basketball, cheerleader, etc. All NCAA Division I, II, and III team sports | Yes | Yes | Yes |
| Athletic activities, practices, camps, and competitions that are not official university activities. | Third party youth camps, outside competitions | Maybe | No | No |
| Recreational Sports | ||||
| Recreational activities/sports where university employees or volunteers are arranging or overseeing the activity and the travel. For example, activities overseen by Rec Sports. | Activities overseen by a campus recreation department. | Yes | Yes | Yes |
| Recreational activities/sports NOT under the direction and control of the university, for example an event hosted and overseen by an affinity group with no university employee involvement. | Events hosted and overseen by an affinity group with no university employee involvement. | Maybe | No | No |
| Student Organizations | ||||
| Students participating in university/shared governance as authorized by Wis. Stat. § 36.09(5) | University Student Representatives Counsel, Student Government Conferences and Training | Yes | Yes | Yes |
| Student Organizations – Educational Activities that provide learning opportunities related to future career fields, typically hosted by professional associations. | Conferences, conventions, forums, museums, music or theater performances, etc. | Yes | Maybe | Maybe |
| Student Organization – Social Events & Activities | Charity Fun Run, Spring Break, Ice Fishing Competition, Attending Sporting Events | Maybe | No | No |
| University events within the community where students, or student organizations, volunteer or jointly sponsor the event. | Expos, University fundraisers, Community Engagement events | Yes | Maybe | Maybe |
| Non-university community service. | Habitat for Humanity, Food Bank, Blood Donations, Parades | Maybe | No | No |
| Academic Activities | ||||
| Academic activities, listed in the course description or syllabus, that the student is directed to perform in fulfilling UW program requirements. | Academic Competitions, Conferences, Seminars, Symposiums, Field Trips. | Yes | Yes | Yes |
| Academic activities, that provide practical training opportunities and are developed, managed and controlled by the university. These activities may or may not be for credit. | Law School Clinics, Health Clinics (MEDiC) | Yes | Yes | Yes |
| Academic activities that while they may overlap with the student’s coursework and provide practical training, are not under the direction and control of the university. | Symposiums, Professional Association Events, third party field work. | Maybe | No | No |
| International Travel, including Study Abroad. Students are highly discouraged from driving as an agent of the University in a foreign country, even if the academic activity is under the direction of an academic staff member
Exceptions to this policy may be approved in writing prior to driving in a country other than the United States by the institution risk manager. Travel must follow SYS 145.A, University of Wisconsin System Uniform Statement of Responsibility, Release, and Authorization to Participate in Study Abroad and Exchange Programs |
For-credit study, internship, or research while traveling internationally | Maybe | Maybe | Maybe |
| Student Employees | ||||
| Students employed by the University and acting within the course and scope of their employment. | Same as all employees | Yes | Yes | Yes |
| Personal Travel | ||||
| Commute Miles from home to University sponsored activity | Internships, student teaching, volunteer opportunities, athletic practices, student org meetings, class. | No | No | No |
| Personal Travel – Domestic and International. | Weekend trips, excursions, deviations from authorized travel. | No | No | No |
6. Contact
UW System Office of Risk Management
7. Guideline History
Original Issuance: June 18, 2025
8. Scheduled Review
June 2028