SACSCOC Off-Site Committee’s Response

Non-Compliance

The organizational structure described in the report, as well as the organizational chart provided and published in the institution’s web pages, show that the Athletic Director also has a Vice Chancellor title and reports directly to the Chancellor. Furthermore, the athletic compliance officer also reports directly to the Chancellor. The Chancellor has ultimate fiscal responsibility for the institution’s budget and the budget of the athletic department is included in the overall budget of the institution. Although the chancellor is responsible for appointing the Athletic Director, he/she serves “at the pleasure of the Board” (Bylaws and Regulations of the Board of Supervisors; Article VII, Section 4d) and not at the pleasure of the Chancellor which suggests the Chancellor does not have appropriate administrative control.

LSU A&M’s Response

The SACSCOC Off-Site Committee’s review notes that, in accordance with the institution’s organizational chart [1], the athletic director has a vice chancellor title and reports directly to the chancellor. In addition, the chancellor has ultimate fiscal responsibility for the institution, including that of the budget of the athletic department.  However, the committee made the following finding of non-compliance:

Although the chancellor is responsible for appointing the Athletic Director, he/she serves “at the pleasure of the Board” (Bylaws and Regulations of the Board of Supervisors; Article VII, Section 4d) and not at the pleasure of the Chancellor which suggests the Chancellor does not have appropriate administrative control.

Athletic Director Appointment

The phrase “pleasure of the Board” is the customary expression at LSU to describe “at-will” appointments.  Except in rare circumstances, all administrative appointments are “at will.”  The holder of an administrative position often has academic tenure such that only the administrative appointment is “at will.” 

The Bylaws and Regulations of the LSU Board of Supervisors set forth the process by which employment decisions are made.  This process requires that all employment actions receive appropriate administrative and academic consideration before they are submitted for final approval to the board.  Thus the process precludes unilateral or arbitrary actions by the board by distinguishing its role from those of administrative and academic staff.

The relevant bylaws in Article VII provide the following:

Section 2(c):  The President shall make all nominations for appointments, suspensions, and dismissals of all administrative officers holding positions at the pleasure of the Board, after consultation with the appropriate academic and/or administrative staff concerned. . . .

Section 4(d):  The Chancellor, after consultation with the appropriate academic and/or administrative staff, shall make recommendations to the President for appointments, suspensions and dismissal of all campus administrative officers holding positions at the pleasure of the Board [2].

The bylaws of the board thus require that appointments, suspensions and termination of all administrative officers holding positions at the pleasure of the board be made only after the board receives input from the chancellors and from the president, who must in turn have consulted with the appropriate academic and administrative staff.  These bylaw requirements are further implemented by Chapter II of the LSU Regulations [3], which require board action only for the more significant employment actions; moreover the board acts only after appropriate administrative review and recommendation. 

As determined by the regulations, most employment decisions are final with approval of a chancellor or by the president. For personnel action requiring board approval under the regulations, the board has a routine procedure.  At each meeting, the board is presented with a list of “Interim Personnel Actions” which the Board routinely approves in globo.  For example, the in globo lists presented to the board at its April 2013 and October 2013 meetings, respectively, are indicated within the minutes relating to the board action [4] [5].  These interim personnel actions were approved without question or comment by unanimous vote.  Thus, even with personnel actions requiring board approval, the board routinely relies on the recommendations of the chancellors, which have been reviewed by the president for compliance with university policies.

The authority of the chancellor is further enumerated in the employment contract of the current Vice Chancellor for Athletics/Athletics Director, Joe Alleva [6]. As specified by board policy and explained above (Article VII, Section 4D), Interim Chancellor W.L. Jenkins recommended Mr. Alleva’s employment and contract for approval by the board. This procedure  is a customary activity, as the board also requires that every contract amounting to more than $100,000 must have Board approval as a “significant matter”:

Board of Supervisors Regulation II-F2i (1):

The filling of any vacant position, as defined herein, when either (i) the annual compensation for such position exceeds $100,000, including payments from all sources associated with employment, or (ii) the position is vacant because an employee was laid off or furloughed pursuant to a Board-approved plan addressing institutional change or exigency.

The board’s action to employ the current vice chancellor/athletics director was at the behest of the chancellor as required by Article VII, Section 4D and by Regulation II-F2i(1). As noted above, this routine process applies to all “at will” positions.

Unlike most other at-will employees, the vice chancellor for athletics/athletics director holds a contract with additional stipulations related to athletics administration. Within the employment contract, Clause 1 specifically states that the athletic director (the title of vice chancellor was added later) reports directly to the Chancellor of LSU A&M. Clause 2 informs Mr. Alleva that he is “subject to the law, LSU policy, and the directives, input, and advice of the Chancellor… .”. It is clear that the chancellor is responsible for the oversight and direction of the vice chancellor for athletics/athletic director.

The contract also covers termination provisions that demonstrate that the vice chancellor/athletics director is under the supervision of the chancellor and may only be terminated through action of the chancellor. Provision 9A reads that termination for cause may occur “by LSU, acting through the Chancellor… .” This sentence indicates that only the chancellor can direct termination regardless of any actions or claims on the part of others. The paragraph also establishes the chancellor as the arbiter if the vice chancellor/athletics director objects to the cause of termination: “A hearing will be held by the chancellor or his designee, and at that hearing ALLEVA shall have the right to counsel and to present the testimony of witnesses and other reliable evidence.”

The contract demonstrates that specifically in the case of the vice chancellor for athletics/athletics director, the chancellor controlled the hiring and would control the termination if ever necessary. The board’s function is limited to standard approvals of at-will employees.