APPENDIX
1
DELEGATIONS
OF DUTY AND AUTHORITY
TO
BOARDS OF TRUSTEES
Pursuant to authority
vested in it by the General
Statutes, and consistent with the provisions of The Code of the
University
of North Carolina, the Board of Governors hereby delegates to the
boards of
trustees of the constituent institutions of the University of North
Carolina
the following duties and powers:
A.
Appointment and Compensation
1. Upon
recommendation of the chancellor, the board of trustees of a special
responsibility constituent institution with management flexibility for
personnel appointments shall, for all positions exempt from the State
Personnel
Act except the position of the chancellor, appoint, promote, and set
the compensation
for such employees consistent with the policies and salary ranges set
by the
Board of Governors and the regulations and guidelines established by
the Office
of the President.
2.
Personnel actions at a constituent institution, other than a special
responsibility
constituent institution with management flexibility, shall be governed
as
follows:
a.
With respect to all faculty positions with
permanent tenure and all senior administrative positions, namely vice
chancellors, provosts, deans and directors of major educational and
public
service activities, the chancellor, following consultation with the
board of
trustees, shall forward to the president recommendations with respect
to such
appointments, promotions, and compensation; if the president concurs in
such
recommendations, the president shall forward them to the Board of
Governors for
approval. Notwithstanding the requirements of this paragraph, a board
of
trustees may promote in rank a faculty member with permanent tenure,
upon the
recommendation of the chancellor, and without approval by the Board of
Governors.
b.
With respect to all faculty and
administrative positions other than those identified in subparagraph 2a
above,
and other than those subject to the State Personnel Act, the chancellor
shall
forward the chancellor's recommendations for appointment, promotion and
compensation to the board of trustees; subject to applicable provisions
of the
University Code and to such policies as may be established by the Board
of
Governors, the action of the board of trustees with respect to such
personnel
actions shall be final.
B. Discharge
or Suspension
Subject to regulations
of the
board of trustees and consistent with applicable policies of the Board
of
Governors, all discharges or suspensions of faculty members and
administrative
personnel, other than those subject to the State Personnel Act, shall
be
effected by the chancellor. A discharged
or suspended employee shall have such rights of appeal from the action
of the
chancellor as may be prescribed by the University Code, policies of the
Board
of Governors, or regulations of the board of trustees.
C. Personnel
Policies
The board of trustees
may adopt
personnel policies not otherwise prescribed by state law, the
University Code,
or policies of the Board of Governors, for personnel in all categories
of
university employment. Policies adopted by a board of trustees
regarding
academic tenure and promotion shall be effective upon review by the
senior vice
president for academic affairs and the vice president and general
counsel, and
approved by the president.
D. Chancellor
Selection
In the event of a
vacancy in
the chancellorship, the board of trustees shall establish a search
committee
composed of representatives of the board of trustees, the faculty, the
student
body and the alumni. Upon the
establishment of the search committee, the chair of the board of
trustees and
the president shall jointly establish a budget and identify staff for
the committee.
The search committee,
through
its chair, shall make a preliminary report to the president when the
committee
is preparing a schedule of interviews of those persons it considers to
constitute the final list and from among whom it anticipates the
trustees'
nominees will be chosen, and the president will be given an opportunity
to
interview each of these candidates.
The board of trustees,
following receipt of the report of the search committee, shall
recommend at
least two names for consideration by the president in designating a
nominee for
the chancellorship, for approval by the Board of Governors.
II.
ACADEMIC PROGRAM
The board of trustees
shall be
responsible for ensuring the institution's compliance with the
educational,
research and public service roles assigned to it by the Board of
Governors, either
by express directive or by promulgated long-range plans of the Board of
Governors.
III.
ACADEMIC
DEGREES AND GRADING
Subject to
authorization by the
Board of Governors of the nature and general content of specific degree
programs which may be offered by an institution, each institution shall
determine whether an individual student shall be entitled to receipt of
a
particular degree. Each institution also
shall determine what grade a student will be assigned in a
particular
course. No appeals from these decisions
are allowable to the president or to the Board of Governors. [
IV.
HONORARY DEGREES, AWARDS AND
DISTINCTIONS
The board of trustees
shall be
responsible for approving the names of all individuals on whom it is
proposed
that an honorary degree or other honorary or memorial distinction be
conferred
by the institution, subject to such policies as may be established by
the Board
of Governors.
V.
BUDGET
ADMINISTRATION
The board of trustees
shall
advise the chancellor with respect to the development of budget
estimates for
the institution and with respect to the execution and administration of
the
budget of the constituent institution, as approved by the General
Assembly and
the Board of Governors.
VI.
PROPERTY
AND BUILDINGS
The board of trustees
of a
constituent institution shall be responsible, subject to policies of
the Board
of Governors and all legal requirements relative to the construction of
state-owned buildings, for the following matters concerning campus
capital
construction projects which have been approved by the Board of
Governors and
authorized by the state of
(1) the selection of
architects
or engineers for buildings and improvements requiring such professional
services;
(2) the
approval of building sites;
(3) the
approval of plans and specifications; and
(4) the final
acceptance of all
completed buildings and projects.
The board of trustees
shall be
responsible to the Board of Governors for preparing and maintaining a
master
plan for the physical development of the institution, consistent with
the total
academic and service mission of the institution as defined and approved
by the
Board of Governors.
Any proposal involving
the
acquisition or disposition by an institution of any interest in real
property
shall be recommended by the board of trustees to and must be approved
by the
Board of Governors; provided, that
(a) if the proposal
involves an
interest in real property which is valued at less than $50,000, the
board of
trustees may authorize such transaction and proceed to obtain the
necessary
approvals from appropriate state officials and agencies, without first
obtaining the approval of the Board of Governors;
(b) if the proposal
involves an
interest in real property, the president may approve or execute leases
with a
value higher than $50,000 up to $150,000, and may approve or execute
contracts
to acquire real property with a value higher than $50,000 up to
$250,000,
without first obtaining approval of the Board of Governors; and
(c) the Board of
Governors,
under circumstances which it considers appropriate and following notice
from it
to the board of trustees, may take action necessary to effect the
acquisition
or disposition of an interest in real property which is related to or
which affects
the institution, without receipt of a recommendation from the board of
trustees.[1]
[1]
By
resolution adopted
VII.
ENDOWMENTS
AND TRUST FUNDS
Subject to applicable
provisions of state law and to such terms and conditions as may be
prescribed
from time to time by the Board of Governors, each board of trustees
shall be
responsible for the preservation, maintenance, and management of all
properties, both real and personal, funds and other things of value
which,
either separately or in combination, constitute all or any part of the
authorized endowment or trust funds, either currently in existence or
to be
established in the future, for the benefit of the individual
constituent
institution. [See G.S. 116-11(2); 116-12; 116-36; 116-36.1; 116-36.2;
116-36.3]
VIII. ADMISSIONS
Subject to such
enrollment
levels and minimum general criteria for admission as may be established
for a
constituent institution by the Board of Governors, each constituent
institution
of the University of North Carolina shall establish admissions policies
and
resolve individual admission questions for all schools and divisions
within the
institution. No appeal concerning an individual admission case shall
lie beyond
the institutional board of trustees.
IX.
TUITION,
FEES AND DEPOSITS
A. General
Authority of Boards of Trustees
The boards of trustees
of the
constituent institutions shall cause to be collected from
each student, at the beginning of each
semester, quarter or term, such tuition, fees and other amounts
necessary to
pay other expenses for the term, as have been approved by the Board of
Governors. [See G.S. 116-11(7) and G.S. 116-143]
B. Tuition
and Fee Deposits
Each board of trustees
shall
require the payment of such advance deposits, at such times and under
such
conditions as it determines are appropriate or as may be required by
state law
or by the Board of Governors.
[See
G.S. 116-143]
C. Application
Fee
Each board of trustees
shall
require the payment of such nonrefundable application fees, in
connection with
each application for admission, as may be required by state law or by
the Board
of Governors. [See G.S. 116-143]
D. Acceptance
of Obligations in Lieu of Cash
Subject to policies
prescribed
by the Board of Governors, the boards of trustees shall establish
regulations
concerning the acceptance of obligations of students, together with
such
collateral or security as may be deemed necessary or proper, in lieu of
cash,
in payment of tuition and fees. [See G.S. 116-143]
E. Fee
Recommendations
Subject to policies
prescribed
by the Board of Governors, each board of trustees, in consultation with
the
chancellor, shall recommend to the president the amounts to be charged
at the
constituent institution for application, athletics, health services,
student
activities, educational and technology, retirement of debt incurred for
capital
improvements projects authorized by the General Assembly, course, and
special
fees. In carrying out this responsibility, each board of trustees and
the
chancellor shall ascertain that the benefits of the activity or service
are
commensurate with the recommended fee which is required to support the
activity
or service. Recommended fees should be
consistent with the philosophy set forth in the North Carolina
Constitution
which states that the benefits of the
X.
STUDENT
FINANCIAL AID
All scholarships and
other
forms of financial aid to students which are limited in their
application to or
are supported from sources generated by an individual campus shall be
administered by the constituent institution pursuant to such
regulations as may
be prescribed by the board of trustees and subject to the terms of any
applicable laws and to policies of the Board of Governors.
XI.
STUDENT
SERVICES
Each board of trustees,
upon
recommendation of the chancellor, shall determine the type, level, and
extent
of student services (such as health care, athletic programs, and
counseling) to
be maintained for the benefit of students at the institution, subject
to
general provisions concerning types and levels of student services as
may be
prescribed by the Board of Governors.
XII.
STUDENT
ACTIVITIES AND GOVERNMENT
Under such policies as
may be
prescribed by the Board of Governors and the board of trustees, the
chancellor
shall be responsible for the regulation and approval of organized,
institutionally-recognized student activities, the definition of roles
and
functions of any institutionally-recognized system of student
self-government
and student participation in the governance of any aspect of
the
institutional programs and services. No
appeal concerning such activities are allowable to the president or to
the
Board of Governors. [
XIII. INTERCOLLEGIATE
ATHLETICS
Subject to such
policies as may
be prescribed by the Board of Governors and the board of trustees, the
chancellor shall be responsible for the establishment and supervision
of the
institution's program of intercollegiate athletics.
XIV.
TRAFFIC
AND PARKING REGULATIONS[2]
[2]
Legislation
adopted by the 1973
session of the General Assembly, on recommendation of the Board of
Governors,
gave the boards of trustees broad authority in this area and superseded
the
authority originally granted in this paragraph; hence it is omitted
here. [See G.S. 116-44.3 et seq.]
XV.
CAMPUS
SECURITY
Subject to applicable
provisions of state law and such policies as may be adopted by the
Board of
Governors or the board of trustees, the chancellor shall be responsible
for the
maintenance of campus security.
XVI.
AUXILIARY ENTERPRISES, UTILITIES AND
MISCELLANEOUS FACILITIES
Pursuant to applicable
provisions of state law and policies of the Board of Governors, the
boards of
trustees of affected constituent institutions shall have authority and
responsibility for the adoption of policies applicable to and the
control and
supervision of campus electric power plants and water and sewer
systems, other
utilities and facilities [See G.S. 116-35], and child
development
centers [See G.S. 116-38].