There is a clear and appropriate distinction, in writing and practice, between the policy-making functions of the governing board and the responsibility of the administration and faculty to administer and implement policy. (Board/administration distinction)
Compliance Status
Louisiana State University and A&M College is in compliance with this principle.
Narrative
Louisiana State University and A&M College (LSU) has a clear, appropriate distinction between the policy-making functions of the LSU governing board (the LSU Board of Supervisors) and the implementation of the policies by the LSU administration and faculty.
Policy-making Functions of the Governing Board
Louisiana Revised Statutes 17:3351 and 17:3352 enumerate the powers and responsibilities of the LSU Board of Supervisors to include the power to sue and be sued, solicit and accept donations, receive appropriations from the legislature, borrow money and issue debt, assess student fees, purchase and lease land and equipment, employ personnel, adopt rules for students, award degrees, enter into contracts, set calendars, and all other activities related to offering an academic program [1] [2].
A. (11) Review and approve curricula, programs of study, departments of instruction, divisions, or similar subdivisions established by the faculties of the university system and forward such curricula, programs of study, departments of instruction, divisions, or similar subdivisions to the Board of Regents for final approval.
A. (12) Adopt, amend or repeal rules and regulations necessary or proper for the business of the board and for the government of the colleges and universities comprising its system and for promoting their purposes.
A. (13) Adopt, amend or repeal rules and regulations for the government and discipline of students.
The policy-making function as being different from administration is indicated in R.S. 17:3351B(1) wherein the legislature espoused that too much board oversight could impede efficient operation:
B. (1) Bylaws setting forth the respective rights, duties and responsibilities of the board, the various administrative officers, and the faculty. These bylaws shall be specific in fixing responsibility and in describing lines of authority, without being so detailed as to encumber the machinery of government with undue formality. These bylaws may provide appropriate rules under which they may be amended from time to time.
Within the legal framework provided by law, the Board of Supervisors’ Bylaws & Regulations lay out a framework of policies meant to organize the functions of the university without management of the implementation of those policies. The regulations of the board broadly establish rules for academic appointments, financial procedures, receipt of gifts, intellectual property, and affiliated organizations. The board also rules on any item considered a “Significant Board Matter,” defined as having “a significant fiscal (primary or secondary) or long term educational or policy impact on the system or on any of its campuses or campus-equivalent divisions.” This mostly pertains to contractual arrangement and employment but also includes approval of new academic programs. As an example, on March 16, 2012, the Board of Supervisors approved the sale of property (Item 10F), a post-season athletic compensation policy (Item 10M), and construction above a certain threshold (Item 11D1-2) [3]. On September 7, 2012, the board approved the operating budget (Item 11B1) and the capital outlay plan for facilities (11C3) [4]. Scholarship and admissions policies are considered a significant board matter, and the board oversees scholarship policy, as it did with the adoption of the Pelican Promise program and National Scholars Award in 2007 [5].
Responsibility of the Administration and Faculty to Administer and Implement Policy
With the powers conferred to the board in Article VIII, Section 7 of the Louisiana Constitution, R.S. 17:3351, and R.S. 17:3352, the board enacted bylaws and regulations to establish the duties and responsibilities of the administration [6] [7]. In accordance with the bylaws [Article VII, Section 4b], the chancellor has a duty to abide by the board’s rules:
The Chancellor shall be responsible to the Board through the President for the effective execution of: all laws relating to Louisiana State University System; all resolutions, policies, rules, and regulations adopted by the Board for the administration and operation of the System, and for the governance of all of its campuses; and all policies, rules, regulations, directives, and memoranda issued by the President. The Chancellor's discretionary power shall be broad enough to enable him to meet his extensive responsibilities [8].
Article VII of the bylaws and regulations lists the rights, duties, and responsibilities of the administrative officers as well as various faculty councils and panels [7]. The chancellor is empowered sufficiently to meet their extensive responsibilities. The chancellor is the chief executive officer of the university responsible for administering the units of the institution. Serving as both the LSU System President and LSU Chancellor, the LSU CEO reports directly to the LSU System Board of Supervisors. This dual responsibility is managed as described in Core Requirement 2.3. The chancellor is also responsible for the establishment of academic policies in consultation with the faculty and appointments of personnel to execute those policies. At the university, Policy Statement 50 enumerates the duties of the chancellor and the administrative officers and academic leadership [9]. Further guidance is provided regarding the role of the faculty in the LSU Faculty Handbook [10], the role of the staff in the LSU Staff Handbook [11], and to the university in general through the operating rules in the Policy Statements [12] and Permanent Memoranda [13]. Under board regulations chapter 1-2.2, the faculty may organize themselves into a “faculty council” and have certain powers and responsibilities, such as the recommendation of academic policies, such as admissions and curricula [14]. The LSU Faculty Senate has a constitution and maintains the minutes of its meetings [15] [16] [17]. The LSU Staff Senate does not have similar recognition by the Board of Supervisors, but is established as a consultative body to the chancellor on issues of importance to the non-academic staff of the university [18] [19] [20].
The first-year student admission policy is an example of how the policy-making role of the board and the administrative/faculty duties are distinct but act in tandem. On March 9, 2000, the Faculty Senate approved a resolution for increasing the first-year student admissions requirements of LSU [21], and the board approved the recommendation on July 14, 2000 [22]. On April 18, 2006, the Faculty Senate again recommended an even higher first-year student admission standard [23], which the board ultimately adopted on August 18, 2006 [24]. This policy is stated in the LSU Catalog [25] and used by the LSU Office of Admissions to guide students on admissions [26]. Another example is professional leave from work, which is defined in chapter III of the regulations [27] and implemented by LSU through Policy Statement 12 [28].