3.2.6 Board/Administrative Distinction Print
Sunday, 30 August 2009 18:48

3.2.6 Board/Administrative Distinction

There is a clear and appropriate distinction, in writing and practice, between the policy-making functions of the governing board and the responsibility of the administration and faculty to administer and implement policy.

Responsible Unit: Board of Trustees

Compliance Judgment


Narrative: A clear distinction exists between the University of North Carolina (UNC System) Board of Governors' policy-making functions and North Carolina Agricultural & Technical State University's responsibility to administer and to implement those policies. The UNC Board of Governors' policy-making function is defined in Section 203A of the UNC Code, which states that:

"The Board of Governors shall plan and develop a coordinated system of higher education in North Carolina. To this end it shall govern the constituent institutions, subject to such powers and responsibilities as may be conferred by statute on or delegated by the Board of Governors to the boards of trustees of the constituent institutions."

"The Board of Governors shall be responsible for the general determination, control, supervision, management, and governance of all affairs of the constituent institutions. For this purpose, the board may adopt such policies and regulations as it may deem wise." [1]

The Board of Governors holds eight meetings per year. The minutes of these meetings, which demonstrate clearly the policy-making functions of the board, are posted online. [2][3][4]

North Carolina Agricultural & Technical State University Board of Trustees: Section 400A(1) of The Code of the Board of Governors of the University of North Carolina (The Code) describes the general provisions for boards of trustees from each of the constituent institutions in the UNC System: "Each constituent institution shall have a board of trustees composed of 13 persons chosen as follows: (i) eight elected by the Board of Governors, (ii) four appointed by the governor, and (iii) the president of the student government of the institution, ex officio." [5]

The general powers and duties of the institution's board of trustees are outlined in section 403A of The Code:

"Each board of trustees shall promote the sound development of its institution within the functions prescribed for it, helping it to serve the people of the state in a way that will complement the activities of the other institutions and aiding it to perform at a high level of excellence in every area of endeavor. Each board of trustees shall serve as advisor to the Board of Governors on matters pertaining to its institution and shall also serve as advisor to the chancellor concerning the management and development of the institution [5]."

As outlined in Section VI of The Bylaws of the Board of Trustees of North Carolina A&T State University [6], the board has broad powers to administer and implement institutional policies, subject to the UNC Code, related to the following: personnel actions; graduation requirements; compliance with the institution's teaching, research, and public service roles; budgetary matters; campus master plan and campus construction; endowment and trust funds; admission standards and eligibility; tuition and fees collection; student fee levels; administration of financial aid; provision of student services; regulation of traffic, vehicle registration, and campus parking; and supervision of auxiliary enterprises such as campus electric power plants, sewer systems, and associated utilities and facilities.

Chancellor of North Carolina Agricultural & Technical State University: Each constituent institution in the UNC System is led by a chancellor, who serves as "the administrative and executive head" of the institution and "exercises complete executive authority therein, subject to the direction of the president." [7] As highlighted in the North Carolina Agricultural & Technical State University Faculty Handbook (Chapter IV, Faculty Governance, Article I), "the authority and responsibility for the governance of North Carolina A&T State University by law are vested in the Chancellor, subject to policies established by the (UNC) Board of Governors and the Board of Trustees, to the direction of the President, and to such authority as the Chancellor may define for faculties, councils, committees, and officers of North Carolina A&T State University." [8]

The chancellor has the duty to "keep the president, and through the president the Board of Governors, fully informed concerning the operations and needs of the institution." [7] In addition, the chancellor is also "responsible for keeping the board of trustees fully informed on the operation of the university and its needs" and for "enforcing all policies, rules, and regulations of the board of trustees." [7]

"Subject to policies established by the Board of Governors, the board of trustees, or the president, the chancellor: shall be the leader of and the official spokesperson for the institution; shall promote the educational excellence and general development and welfare of the institution; shall define the scope of authority of faculties, councils, committees, and officers of the institution; and all projects, programs, and institutional reports to be undertaken on behalf of the institution shall be subject to the chancellor's authorization and approval." [7]

A&T Faculty Senate: In addition, the chancellor is required to ensure that a representative faculty senate or council exists in the institution to provide advice "on matters of interest and concern to the faculty." [7] As discussed in SACS Principle 3.7.5, Faculty role in governance, [9] faculty governance authority for the university is vested in the Faculty Senate of North Carolina Agricultural & Technical State University. The purpose and policy-making powers of the Faculty Senate are described in Chapter IV of the Faculty Handbook. The Faculty Senate serves as an advisory body, making recommendations on policies and programs pertaining to the institution, its faculty members, and its academic programs via a committee structure. The committee structure and responsibilities are outlined in Chapter IV, Article IV and Chapter V, Section C of the Faculty Handbook. The Faculty Handbook also contains information on the policies and regulations of the university in Chapters VI and IX. [10][11]

Faculty Rights: Faculty rights with respect to academic freedom and tenure are laid out in Chapter VI of the UNC Code. Academic freedom is viewed as essential to "the transmission and advancement of knowledge and understanding." and "the University and each constituent institution shall protect faculty and students in their responsible exercise of the freedom to teach, to learn, and otherwise to seek and speak the truth." [9]

The boards of trustees at each constituent institution "adopt policies and regulations governing academic tenure." Further, "the tenure policies and regulations of each constituent institution shall prescribe the procedures by which decisions concerning appointment, reappointment, promotion, and the conferral of permanent tenure shall be made." [12] The Faculty Senate develops and recommends changes in the policies governing academic freedom, tenure, and due process to the chancellor and the Board of Trustees. The full text of the institution's Regulations on Academic Freedom, Tenure, and Due Process are included in Appendix B-2 of the North Carolina A&T State University Faculty Handbook. These policies were last revised in November 2006 and approved by the Board of Trustees in February 2007. [13]

As noted above, written policies of the university dealing with faculty rights are communicated to constituents through the Faculty Handbook, which is available on the Division of Academic Affairs Web site and in department offices. Notices of changes in written policies are distributed via the university listserv and the new policies are made available on the university's Web site in the relevant department or division Web pages.

Supporting Documents

[1] UNC-GA, Code, Section 203 A

[2] BOG, Meeting Minutes, 09/08/06

[3] BOG, Meeting Minutes 10/12/07

[4] BOG, Meeting Minutes 02/08/08

[5] UNC-GA, Code, Section 400

[6] BOT, Bylaws

[7] UNC-GA, Code, Section 500

[8] Faculty Handbook, 2007, p.11

[9] UNC-GA, Code, Section 600, Faculty Rights

[10] Faculty Handbook, p.12-17

[11] Faculty Handbook, p.23-28

[12] UNC-GA, Code, Chapter VI, Section 602

[13] Faculty Handbook, Appendix B-2

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