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Comprehensive Standard 3.2.6
There is a clear and appropriate distinction, in writing and practice, between the policy-making
functions of the governing board and the responsibilities of the administration and faculty to
administer and implement policy.
X Compliance Partial Compliance Non-Compliance
Narrative
The Louisiana Board of Regents [1], a state agency created by Article 8, §5 of the 1974 Louisiana Constitution
[2],
coordinates all public higher education in Louisiana. Policies and procedures
[3] of the Board of Regents are
administered by a full-time staff headed by the Commissioner of Higher Education.
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Louisiana Board of Regents' Web Site
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What Do the Regents Do?
The 1974 Louisiana Constitution authorizes the Board of Regents to plan, coordinate,
and have budgetary responsibility for Louisiana's public higher education community,
including 19 public colleges, universities, and/or professional schools. The agency also
serves as the state liaison to Louisiana's accredited, independent institutions of higher learning.
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.
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The Board of Regents oversees the state's four higher education management boards. The board with
authority over Nicholls State University is the Board of Supervisors for the University of Louisiana
System. This board was also created by the 1974 Louisiana Constitution [4], and its mission
[5] is
to "provide direction, control, supervision, management, and assistance to the institutions of the
University of Louisiana System in their efforts to provide quality education, research,
creative activities, and service."
As contained in Louisiana Revised Statute 17:3217 [6] and as made effective on July 1, 1999, Nicholls State
University is one of the eight universities governed by the Board of Supervisors for the
University of Louisiana System.
Section V.B of the Board of Supervisors for the University of Louisiana System's Board Rules, Bylaws
states the general duties, powers, and functions of the Board as follows [7]:
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University of Louisiana System, Board Rules, Bylaws, Section V.B
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B. General Statement of Administrative Policy
The Board shall determine broad administrative and educational policies for the conduct
of all Board, System and institutional affairs and it shall provide for execution of its
policies by the System President and by the institution presidents.
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Louisiana Revised Statute 17:3351 [8] and
the University of Louisiana System's Bylaws also outline
specific duties, powers, and functions of the Board. Following is a sampling of the Board's
policy-making functions as stated in various sections of the University of Louisiana System's Bylaws
[5]:
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University of Louisiana System, Board Rules, Bylaws, Sections V, VII, and IX
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SECTION V. DUTIES, POWERS AND FUNCTIONS
C. Other Duties, Powers, and Functions. In its supervision and management of the institutions under its administration, the Board shall have authority to (from R.S. 17:3351):
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[...]
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11.
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accept and approve curricula and programs of study;
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12.
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adopt, amend, or repeal rules and regulations necessary or proper for the business of the Board and for the governance of the institutions under its jurisdiction;
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13.
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adopt, amend, or repeal rules and regulations for the governance and discipline of students;
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[...]
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17.
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perform such other functions as are necessary or incidental to the supervision and management of its institutions;
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18.
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elect the heads of institutions as prescribed by law;
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[...]
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24.
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review and approve any action the Board deems necessary at the institutional level;
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25.
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perform other duties and actions as prescribed by law and/or deemed necessary for efficient operation of the System.
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SECTION VII. COUNCILS
A. Presidents' Council. A Presidents' Council shall be composed of each of the presidents of the institutions governed by the Board and presided over by the System President.
The Council shall meet upon call of the System President. The Presidents' Council shall consider matters referred to it by the System President, and make recommendations for possible Board consideration.
B. Faculty Advisory Council. The Faculty Advisory Council shall consist of one faculty representative and an alternate representative from each System institution. These persons shall be selected by the Faculty Senate of each institution.
SECTION IX. CHANGE OF BYLAWS
A. Changes in Bylaws. New bylaws may be adopted, and bylaws may be amended or repealed by a majority vote at any meeting of the Board. No action shall be taken unless notice of such proposed adoption, amendment, or repeal shall have been given at a previous meeting or unless notice in writing of the proposed change shall have been served upon each member of the Board at least 30 days in advance of the final vote upon such change.
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In addition, the Board of Supervisors for the University of Louisiana System has adopted
Board Rules,
which provides further duties, powers, and functions to System universities. Chapter III,
Section IV.A
[9]
states the role of the University President as follows:
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University of Louisiana System, Board Rules, 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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The administration and faculty have the responsibility to administer and implement policy, and they have input prior
to the adoption of a new or changed policy, as reflected in the following excerpts from the various President's
Cabinet's minutes of meetings (see highlighted sections in original minutes):
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Sample Excerpts from President's Cabinet's Minutes of Meetings
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MINUTES, PRESIDENT'S CABINET, March 16, 2004
[10A]
"Mr. Naquin feels that it will be safe to assume that the Room and Board fee increase
request will be approved by System staff. He feels that Mr. Nicklas, at the Board Office,
would approve and we would not have to submit as a Board agenda item."
MINUTES, PRESIDENT'S CABINET, March 30, 2004
[10B]
"Dr. Hulbert handed out information he received at the President's Council (BOS meeting). He stated that
Dr. Falcon handed it out and stated that Nicholls asked that this be reviewed, because, Nicholls is
in a position to award more scholarships then current policy would allow. The Board of Supervisors
approved it without any question. When they went into President's Council, Dr. Falcon passed it around
again. Dr. Clausen asked the question as to why they had a ceiling on scholarships to begin with.
(Dr. Hulbert stated to us, that the policy was developed as a response to a problem and trying to control
competition among institutions). Dr. Hulbert asked the Cabinet what problem we had, right now, in terms
of the scholarships we are giving.
Dr. Hulbert feels this policy should disappear. He intends to push it and wants his Vice Presidents
to push it in their BOS committee meetings. Mr. Howell stated that they are only allowing so many of
the scholarships for the Board of Supervisors' Scholarships. Other scholarships are called many other
different types of names."
MINUTES, PRESIDENT'S CABINET, May 25, 2004
[10C]
"Through support of Sally Clausen and Carroll Falcon, we were able to draft a policy which will be approved by
the Board in June. This policy provides faculty coverage between differential of military salary and the base
salary during the academic year they would have worked."
"Mr. Delaune inquired about the Foundation Legislation. Dr. Hulbert stated that he heard it would be
watered down. As it stands, right now, any individual transaction amount over $1,000 would have to be reported.
The ULS Board has a policy, put in place this past fall[;] if they asked he would be required to turn
over an itemized statement of discretionary spending or any spending for any member of the University
(employees) through the Foundation. The legislation is receiving a lot of resistance from the foundations."
MINUTES, PRESIDENT'S CABINET, September 21, 2004
[10D]
"Dr. Hulbert stated that we also have the program of the discontinuation policy within the system,
and he feels sure that some of the board members will ask how that policy is being implemented and
what we are doing."
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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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Louisiana Board of Regents' Web Site, What
Do the Regents Do?
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Original
Hyperlink
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Local Copy
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2
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Louisiana Constitution of 1974, Article 8, Section 5.
Board of
Regents
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Original
Hyperlink
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Local Copy
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3
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Louisiana Board of Regents, Policies and
Procedures
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Original Hyperlink
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Local Copy
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4
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Louisiana Constitution of 1974, Article 8, Section 6.
Board of
Supervisors for University of Louisiana System
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Original Hyperlink
Scroll to Section §6.
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Local Copy
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5
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University of Louisiana System, Board
Rules, Bylaws and Mission
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Original Hyperlink
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Local Copy
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6
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Louisiana Revised Statute 17:3217
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Original
Hyperlink
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Local Copy
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7
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University of Louisiana System, Board Rules,
Bylaws, Section V.B. General Statement of Administrative Policy
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Original Hyperlink
Scroll to Section V.B on page 7.
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Local Copy
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8
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Louisiana Revised Statute 17:3351
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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 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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10
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Minutes of Presidents Cabinet
Meetings
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A. 3-16-04 B. 3-30-04
C. 5-25-04 D. 9-21-04
Scroll to highlighted area.
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Same
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