A Primer to University Governance - Part One

 

(Photo: ''Court Gavel - Judge's Gavel - Courtroom'' by wp paarz via Flickr)

The following is a primer to internal university governance.

When you're a student, it is easy when you want to do something for yourself. Want to drop a class or change your major? That's no problem. Yet, the moment you want to do something for the student community, say end a student fee or save the mascot from extinction, then you enter the realm of campus politics.

Reforming campus policy requires you engage with the structure of university governance and that you participate in a democratic process. For this, you need to understand the university’s governance structure and how the powers that be set university policy.

To the average student, all of this can be quite foreign. So to help students understand university governance, here is a primer to university governance.

Everyone can have an introductory understanding of university governance if they understand these five elements: (1) the legal basis for public higher education, (2) The University of Texas Board of Regents, (3) the Board’s two styles of governance, (4) the shared governance model and (5) the three main constituencies within internal university governance. Understand these five elements and you will have an introductory level understanding of university governance.

Legal Basis for Public Higher Education

The Texas Constitution calls for the creation of The University of Texas in Article IV, Section 10.

Since the University is a public institution, law governs the University, both state and federal law. This body of law also includes case law, which is when a court defines how to properly interpret a law, and this occurs with respect to both the state and federal laws. Since the University is a public institution, the rule of law significantly shapes its operation and structure.

The Board of Regents

In Texas, state law creates The Board of Regents, a governing board to oversee the University’s mission and operation. The Texas governor, with the advice and consent of The Texas Senate, appoints to the board nine members to fulfill staggered six-year terms.

The Board of Regents (the Board) is the head of authority for The University of Texas (UT) System. For example, the Board has the authority to set policy for university operations, to determine academic curriculum, to appoint officers in the institution (such as university presidents and system chancellor), to accept financial gifts (such as donations) and to administer grants (such as financial scholarships) as it chooses and finally it has the authority to delegate these powers to a committee, officer or agent of its choice. (Education Code, Title 3, Subtitle C, Ch. 65A, Sec. 65.31)

The Board is the authoritative head of UT-System.

The Board’s Two Methods of Governance

The Board governs UT-System by two methods: with general policy and by local control.

General Policy

Generally, the Board governs UT-System by a body policies known as The Regents’ Rules and Regulations. These regulations are basically an operations manual for all UT-System.

In the Rules, the Board states policy that relates to nine topics of collective interest: Board Governance, Administration, Personnel, Academic Issues, Student Issues, Development, Investments, Facilities and Intellectual Property. The Board generally governs UT-System through it stated Rules and Regulations which apply to all institutions in UT-System.

Local Control

The Board also governs by local control. In this style, the governing Board allows local institutions to rule themselves where neither the law nor the Rules have spoken.

For example, the Board allows a university to determine its mascot, to set create its own institutional strategic plan, define the specifics of its local mission to the surrounding region, and so on. Although these activities still require the Board's final approval, where the law and Rules have not already spoken, the Board generally allows the local university to determine its own direction in honor of local control.

The Shared Governance Model

The Board’s philosophy of deferring to certain internal university constituencies with respective expertise is the governance model known as shared governance. 

The University President

In preference for local control, the Board delegates its authority to and appoints an agent to oversee UT-System’s mission and operation at the university level. This agent is the university president. The president has the Board’s authority to execute UT-System operations according to Rules and on the Board’s behalf. The president is the Board’s representative to the university community.

The Board also recognizes certain communities within the university’s population with special status so that they may advise the Board on the formation of competent university policy.

The Faculty Community

For example, the Board recognizes the faculty’s expertise to advise the Board on how to set university policy for academic matters, such as curriculum standards, faculty tenure, honors for scholastic performance, student life and activities, admissions standards, candidates for degrees and other topics of general academic policies and welfare particular to the faculty’s general expertise. (Regents’ Rule 40101: Faculty Role in Educational Policy Formulation)

The faculty express this counsel to the board on the through its own governing body, the faculty senate.

The Student Community

Likewise, the student body also has special recognition by the board to advise it on any matter of student opinion. The student community expresses this opinion through its own internal governance body, the student government. In its Rules, the Board recognizes student government as the only official forum of student opinion, meaning no other student organization can legitimately speak to the Board on the student population’s behalf. (Regents’ Rule 50203: Participation in Student Government)

The Employee Community

Finally, the staff senate serves in a similar advisory role for the university employee population.

Faculty, students and staff all elect their representatives for their respective governing bodies through annual democratic elections.

The Three Constituencies

These are the three main communities within internal university governance and together they make up the university’s general community.

Together, these three communities (faculty, students and staff), along with the university president, assist the Board in governing the university at the local level.

Together, their respective governing bodies (faculty senate, student government, staff council) makeup the stakeholders of internal university governance.

Summary

Everyone can have an introductory understanding of university governance if they understand these five elements: (1) the legal basis for public higher education, (2) The University of Texas Board of Regents, (3) the Board’s two styles of governance, (4) the shared governance model and (5) the three main university constituencies within internal university governance.

If one can understand this structure, then they can have a better grasp of how university governance works and of how to achieve his desired reforms to university policy.

*For more information about the shared governance model, read the 1966 “Statement on Government of Colleges and Universities” by The American Association of University Professors.  

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Feature Image: Photo: ''Court Gavel - Judge's Gavel - Courtroom'' by wp paarz via Flickr

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