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Comprehensive Standard 3.2.2
The legal authority and operating control of the institution are clearly defined for the following areas within
the institution‘s governance structure:
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3.2.2.1
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The institution‘s mission;
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3.2.2.2
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The fiscal stability of the institution;
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3.2.2.3
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Institutional policy, including policies concerning related and affiliated corporate entities
and all auxiliary services;
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3.2.2.4
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Related foundations (athletic, research, etc.) and other corporate entities whose
primary purpose is to support the institution and/or its programs.
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X Compliance Partial Compliance Non-Compliance
Narrative
The ultimate legal authority for the approval of the institution's mission resides with the
state legislature with operating control given to the Louisiana Board of Regents. In turn, powers of management over Nicholls State
University not specifically vested in the Board of Regents are reserved to the Board of Supervisors for the University
of Louisiana Systems, as noted in Core Requirement 2.2
[1].
Those powers specifically vested in the Board of Regents, as enumerated in the Louisiana Constitution of
1974, Article 8, Education, §5. Board of Regents
[2]
include the following:
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Louisiana Constitution of 1974, Article 8, Section 5.(D) and 5.(E)
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§5. Board of Regents
(D) Powers. The Board of Regents shall meet with the State Board of Elementary and Secondary Education at least twice a year to coordinate programs of public elementary, secondary, vocational-technical, career, and higher education. The Board of Regents shall have the following powers, duties, and responsibilities relating to public institutions of postsecondary education:
(1) To revise or eliminate an existing degree program, department of instruction, division, or similar subdivision.
(2) To approve, disapprove, or modify a proposed degree program, department of instruction, division, or similar subdivision.
(3)(a) To study the need for and feasibility of creating a new institution of postsecondary education, which includes establishing a branch of such an institution or converting any non-degree granting institution to an institution which grants degrees or converting any college or university which is limited to offering degrees of a lower rank than baccalaureate to a college or university that offers baccalaureate degrees or merging any institution of postsecondary education into any other institution of postsecondary education, establishing a new management board, and transferring a college or university from one board to another.
(b) If the creation of a new institution, the merger of any institutions, the addition of another management board, or the transfer of an existing institution of higher education from one board to another is proposed, the Board of Regents shall report its written findings and recommendations to the legislature within one year. Only after the report has been filed, or after one year from the receipt of a request for a report from the legislature if no report is filed, may the legislature take affirmative action on such a proposal and then only by law enacted by two-thirds of the elected members of each house.
(4) To formulate and make timely revision of a master plan for postsecondary education. As a minimum, the plan shall include a formula for equitable distribution of funds to the institutions of postsecondary education.
(5) To require that every postsecondary education board submit to it, at a time it specifies, an annual budget proposal for operational needs and for capital needs of each institution under the control of each board. The Board of Regents shall submit its budget recommendations for all institutions of postsecondary education in the state. It shall recommend priorities for capital construction and improvements.
(E) Powers Not Vested. Powers of management over public institutions of postsecondary education not specifically vested by this Section in the Board of Regents are reserved to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Trustees for State Colleges and Universities, the Board of Supervisors of Community and Technical Colleges, and any other such board created pursuant to this Article, as to the institutions under the control of each.
Acts 1998, 1st Ex. Sess., No. 169, §1, approved Oct. 3, 1998, eff. Dec. 10, 1998; Acts 1998, 1st Ex. Sess., No. 170, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.
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The state's Master Plan for Public Postsecondary Education
[3], developed by the Board of Regents, denotes the role, scope and mission of
each public postsecondary institution in Louisiana (scroll to page 45 for Nicholls).
Nicholls State University further develops its own mission statement and engages in periodic strategic planning
processes to determine if a revision of this statement is in order. If so recommended, the recommended revision is forwarded
to the President's Cabinet at the University for approval and submission to the Board of Supervisors for
consideration and approval. Comprehensive Standard 3.1.1
[4] provides a description of the mission development for
the University.
3.2.2.2 Fiscal Stability of the Institution
As the above-listed general and specific powers demonstrate, the Board of Regents assumes broad legal
authority for the fiscal stability of institutions. Operating budgets, formula funding, and capital
outlay approvals are the responsibility of the Board.
The Board of Regents assigns fiscal stability to the Board of Supervisors of the University of
Louisiana System and takes action on budgets based on recommendations from the Board of Supervisors
[5].
Operationally, the Board of Supervisors depends upon its Finance Committee
[6] and upon the senior
administrators of the University to oversee the financial management of the University.
Nicholls State University's President, charged by the Board of Supervisors with the governing
authority and the responsibility for the administration of the University, delegates the development
and the operational control of fiscal matters to the Vice President for Finance and Administration
[7],
who manages the business activities and financial affairs of the University.
3.2.2.3 Institutional Policy
The Louisiana Constitution of 1974 also specifies in Article 8 that the State's management boards assume
powers not given to the Regents. The management board for Nicholls State University is the Board of
Supervisors for the University of Louisiana System. The Regent's Web site
[8] further clarifies its role
as a "policy-making and coordinating board":
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Louisiana Board of Regents' Web Site
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What Do the Regents Do?
The Board of Regents is a policy-making and coordinating board only; it is not directly
involved in overseeing the day-to-day operations of the various college campuses. The
1974 Constitution reserves that responsibility for the state's four higher education
management boards: the LSU Board of Supervisors, the Southern University Board of
Supervisors, the University of Louisiana System Board, and the Louisiana Community and
Technical College Board.
Coordination and Management
The Constitution provides that all duties and responsibilities not specifically vested
in the Board of Regents be assigned to the respective management boards. This carefully
drawn division of responsibility enables the Board of Regents to chart general academic
and fiscal directions for higher education in Louisiana without becoming unnecessarily
entangled in the day-to-day mechanics of operating college campuses.
Thus, in practice, the Board of Regents determines what academic programs an
institution may offer and assesses the quality and need for those programs,
but the management boards oversee instructional operations; the Regents
administer the funding formula and set down guidelines for preparing campus
budgets, but the management boards have the responsibility of preparing and
administering those budgets; the Regents set tenure standards which the university
systems must meet or exceed, but only the management boards may approve campus
personnel actions.
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The Board of Supervisors for the University of Louisiana Systems has a number of policies that
deal with the day-to-day aspects of mission and fiscal stability such as Board Rules,
Part Two, Chapter I, Section V. New Degree Program Requests [9]
and Board Rules,
Part Two, Chapter IV, Section II. Budgets [10]. In many cases, these policies require that the
Supervisors have an opportunity to review requests and documents to be submitted to the Regents.
Those responsibilities not generally or specifically given to the Regents or to the management boards through the
1974 State Constitution or those powers not further specified in Regents' policies, University of Louisiana
System's Board Rules or University of Louisiana System's Policies and Procedures Memoranda, are given to the
Presidents of each of the institutions. Board Rules, Part Two, Chapter III, Section IV
[11], states the following:
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University of Louisiana System, Board Rules, Part Two, Chapter III, Section IV.A
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SECTION IV. ROLE, CONTRACTUAL ARRANGEMENTS, BENEFITS, EXPENSES, AND EVALUATIONS OF PRESIDENTS
A. The President's Role. The president of an institution, in serving as chief executive officer
and leader of a state institution of higher education, is expected to assume a public and official
role with responsibilities and duties related to both campus and community life. It is recognized
that the demands of this role and position impact upon the president's entire daily life and that
of the president's family.
Specific responsibilities of the president shall include, but not necessarily be limited to:
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1.
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Administering the institution over which he/she is appointed and exercising
complete executive authority therein, subject to the direction and control of the System President
and the Board;
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2.
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Carrying out all duties expressly assigned by statute and those duties
delegated by the Board and System President consistent with policies approved by the Board;
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3.
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Being responsible to the Board and the System President for the effective
execution of all Board and System policies, resolutions, rules, and regulations adopted by
the Board as well as plans, memoranda, and directives issued by the System President. The
institution president's discretionary powers shall be broad enough to enable him/her to
meet his/her extensive responsibilities;
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4.
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Providing effective performance as reviewed by the Board's evaluation process,
i.e., ensuring excellence in the institution, its faculty and students, in instruction,
and research quality;
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5.
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Assuming and retaining control at all times over the budget of the institution,
including functions of review and recommendation concerning the budgets of all divisions of
the campus and the preparation of a consolidated budget, as well as execution of the budget
as approved by the Board; and development and administration of the campus operational,
auxiliary enterprise, and restricted funds budgets as approved by the Board, including
establishment of priorities for expenditures and achievement of revenue projections as set
forth in the approved budgets;
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6.
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Being the official medium of communication between the System President and all constituencies at the campus level: faculty, students, administrators, classified employees, alumni and the local community;
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7.
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Providing academic leadership for the campus through established planning processes and prioritization of goals and objectives; promotion of academic excellence through execution of strategic initiatives outlined by the System President and the Board; development and motivation of personnel to accomplish the campus mission; and promotion of innovative and efficient uses of campus resources;
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8.
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Administration of all aspects of campus affairs affecting student life and otherwise promoting the learning environment for the welfare of the student body;
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9.
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Development of an effective public service program for both the campus and the community to ensure the university is meeting the needs of its constituents;
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10.
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Making recommendations to the System Office for all personnel actions (appointments, promotions, transfers, suspensions, dismissals, retirements, etc.) for Board approval;
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11.
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Recommending those persons to be granted tenure by the Board;
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12.
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Development, maintenance, and operation of the campus physical plant as well as the development of long-range capital construction priorities;
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13.
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Designating an officer who will be
second in line of authority at the institution and who will perform such
duties as may be assigned by the president, and notifying the System
President in writing of this designation;
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14.
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Development of an effective community relations program including, but not limited to, developing ongoing relationships with alumni and building the university's endowment. (Addition approved 8/27/99)
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15.
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Providing effective leadership in efforts to secure various sources of funding for the university.
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3.2.2.4 Related Foundations and Other Entities
The University President also has the legal authority to seek the establishment of foundations that appropriately support the
mission and programs of the University. The University of Louisiana System Policy on University Foundations, Policies and Procedures
Memoranda FB-IV.(4)
[12] makes this clear and reinforces "...the legally required separation between private and public
funds as detailed in Article 7, Section 14 of the Louisiana Constitution." The Memoranda further lays out the basic principles
by which university-foundation relationships will be established and maintained. These principles include the establishment
of a board of directors, financial relationships, requirements for audits, use of institutional facilities, etc. Comprehensive
Standard 3.2.13 [13] further explains how these guidelines are used to manage the relationships between foundations and the
institution.
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Documentation
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#
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Documents
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Original
Hyperlink
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Local Copy
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1
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Core Requirement 2.2
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Original
Hyperlink
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Same
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2
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Louisiana Constitution of 1974, Article VIII, §5. Board of
Regents
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Original Hyperlink
Scroll to §5. Board of Regents.
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Local Copy
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3
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Louisiana Board of Regents, Master Plan for Public Postsecondary Education:
2001
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Original Hyperlink
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Local Copy
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4
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Comprehensive Standard
3.1.1
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Original Hyperlink
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Same
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5
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Louisiana Board of Regents, Minutes of
Meetings, October 29, 2004
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Original Hyperlink
Scroll to Finance Committee Report page 2
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Local
Copy
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6
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University of Louisiana System Bylaws, Section IV B
Standing Committees
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Original
Hyperlink
Scroll to Section IV B
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Local
Copy
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7
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Vice President for Finance
and Administration, Job Description
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Original
Hyperlink
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Same
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8
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Louisiana Board of Regents, What Do the Regents Do?
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Original
Hyperlink
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Local Copy
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9
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University of Louisiana System, Board Rules, Part
Two, Chapter I, Section V. New Degree Program Requests
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Original Hyperlink
Scroll to Section V on page I-2.
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Local Copy
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10
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University of Louisiana System, Board Rules, Part Two, Chapter IV,
Section II. Budgets
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Original Hyperlink
Scroll to Section II on page IV-I.
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Local Copy
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11
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University of Louisiana System Board Rules, Part Two, Chapter III, Section IV. Role,
Contractual Arrangements, Benefits, Expenses, and Evaluations of Presidents
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Original Hyperlink
Scroll to Section IV on page III-5.
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Local Copy
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12
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University of Louisiana System, Policies and Procedures Memoranda
FB-IV.(4) Policy on University Foundations
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Original Hyperlink
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Local Copy
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13
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Comprehensive Standard
3.2.13
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Original
Hyperlink
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Same
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