Part 3 - Comprehensive Standards
  

3.2.2.3  The legal authority and operating control of the institution are clearly defined for the following areas within the institution's governance structure: (Governing board control)

Compliance
Partial Compliance
Non-Compliance

Narrative

As cited in Core Requirements 2.1 and 2.2, the legal authority for coordinating higher education institutions in Louisiana is granted by the Louisiana State Constitution [Page: 2]  to the Louisiana Board of Regents (BOR) and, through the Board of Regents, to the governing/management boards of the four higher education systems. The University of Louisiana System Board of Supervisors serves as the governing board for the University of New Orleans (UNO). When Act 419 was passed by the Louisiana legislature, UNO transferred from the Louisiana State University (LSU) System to the University of Louisiana System (ULS).

The respective responsibilities of the Louisiana Board of Regents and the University of Louisiana System Board of Supervisors are more fully explained in Core Requirements 2.1 and 2.2, and the distribution of authority and responsibility are delineated in the document “Louisiana's Postsecondary Education System” authored by the Louisiana Legislative Auditor. In broad terms, the Board of Regents is defined as the policy and coordinating Board for postsecondary education in the state of Louisiana. It has the authority and responsibility to:

  • Represent the postsecondary education system to the Governor and the Legislature;
  • Formulate and update a Master Plan for higher education in the State;
  • Study both the need for and feasibility of new postsecondary institutions;
  • Establish Role, Scope, and Missions for systems and institutions;
  • Approve, disapprove, or modify existing degree programs and departments;
  • Develop and adopt the formula for equitable distribution of funds; and
  • Review annual budget proposals for the operating and capital needs of each public institution prior to compilation of the Regents’ higher education budget recommendations.

The University of Louisiana System Board of Supervisors, the governing Board for the University of New Orleans, oversees the operations of the nine institutions under its jurisdiction. The Board has the legal authority to:

  • Supervise and manage institutions;
  • Award certificates, confer degrees, and issue diplomas;
  • Receive and expend appropriate funds, according to the Master Plan;
  • Determine student fees;
  • Purchase land and acquire buildings, subject to the approval of the Board of Regents;
  • Employ and approve employment, fix salaries, duties, and functions of personnel; and
  • Oversee the financial operation of schools.

The legal authority of the Board of Regents and the University of Louisiana System Board of Supervisors is codified in Louisiana Revised Statute 17:3351 which lists the powers, duties, and functions of college and university boards.

The Louisiana Constitution clearly defines the role of the Board of Regents as a coordinating body for all public higher education in the state. The BOR has five key powers and responsibilities: 1) revision and elimination of existing degree programs, 2) approval of new degree programs, 3) determining the need for new institutions and reporting to the legislature recommendations for changing the configuration of existing higher education units, 4) formulating a master plan for postsecondary education, and 5) coordinating budget proposals for each of the four governing/management boards. The policies and procedures of the Board of Regents are disseminated via the BOR website.

The Louisiana Constitution also includes the following statement in Section 5 Board of Regents [Page: 3] :

€ 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 (now named the University of Louisiana System Board of Supervisors), 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.

Duties specific to the University of Louisiana Board of Supervisors are also described in the University of Louisiana System Bylaws Part One, Section V, “Duties, Powers and Functions”.

“The Board shall determine broad administrative and educational policies for the conduct of all Board, System, and institutional affairs and it shall provide for the execution of its policies by the System President and by the Institution Presidents”

The System has developed governing policies in two formats described below. All Bylaws, Rules, and Policy and Procedures Memoranda are available on the University of Louisiana System Board of Supervisors website.

Board Bylaws and Rules are approved by the Board of Supervisors and organized into the following “chapters”: Academics; Students; Faculty and Staff; Finance and Business; Intercollegiate Athletics; Facilities Planning; Adoption, Repeal and Amendment of Policies and Procedures.

Policies and Procedures Memoranda which provide requirements, guidelines, and minimum criteria and operating procedures for the implementation of Board Bylaws and Rules, as well as those otherwise required by State and Federal law. Approval of Policy and Procedure Memoranda do not require a vote by the Board of Supervisors, but rather may be issued by the System Office to ensure implementation of Board policy and to disseminate minimum standards and “best practices” among the universities. 

It is the responsibility of the University of Louisiana System Board of Supervisors to regularly examine management board policy. An example of revising policy during the 2013-14 academic year is found in the case of Board action to revise Board Rules, Chapter II, Students, Section VIII, Baccalaureate Degree Requirements. A. Categories of Requirements. 1. General Education. (minutes [Page: 5] of October 22, 2013 meeting of the UL System Board of Supervisors).

The University of Louisiana Board of Supervisors also charge Presidents of institutions with the specific responsibility to execute all Board and System policies as seen in Rule Chapter III Faculty and Staff, Section IV Role, Contractual Arrangements, Benefits, Expenses, and Evaluations of Presidents [Page: 1] :

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;

The President’s discretionary powers provide authority to develop campus-specific policies to ensure effective execution of the policies and procedures of both the University of Louisiana System and the Board of Regents. University policies, known as Administrative Policies (AP), are disseminated on the university website.

Administrative Policies are maintained by the Office of the President to ensure that they are updated on a periodic basis. Evidence of this process is seen in the format used to develop the policies which specifies a review date for each AP.

 

Supporting Documents

Document Description
Document IconACT_419Legislation moving UNO to University of Louisiana System
Document IconBOR_Website_Policies_and_Procedures_RegentsDissemination of Board of Regents Policies and Procedures
Document IconLA_Constitution_Article_VIII_Section_5Louisiana Constitution Authority for Board of Regents and University of Louisiana System Board of Supervisors
Document IconLA_Constitution_Article_VIII_Section_5_Powers_Not_VestedConstitutional Authority of Board of Regents
Document IconLA_Postsec_Ed_SystemInformational Report Authored by Louisiana Legislative Auditor 2011
Document IconLA_RS_17_3351Powers and duties of Management Boards
Document IconUL_System_Bylaw_Sec_V_Duties_Powers_FunctionsUniversity of Louisiana System bylaw describing duties, powers, and functions of the board
Document IconUL_System_Bylaws_RulesOrganization of University of Louisiana System Bylaws and Rules
Document IconUL_System_Minutes_10_22_2013Documentation of Policy Revision by University of Louisiana System Board of Supervisors
Document IconUL_System_PPM_University of Louisiana System Policies and Procedures Memoranda
Document IconUL_System_Rule_President_FinancialUniversity of Louisiana System Rule-Role, Contractual Arrangements Benefits, Expenses, Evaluations of President
Document IconUL_System_WebsitePublication of University of Louisiana System Bylaws, Rules, Policies on Websites
Document IconUNO_AP_SampleExample of University of New Orleans Administrative Policy Format
Document IconUNO_AP_WebsiteDissemination of Administrative Polices on University of New Orleans