The
UNC Policy Manual
Chapter
100.1 - The Code
Appendix
1
Amended
11/17/22
Amended
05/25/23
THE
CODE
Pursuant
to authority vested in it by the General Statutes (G.S.), and consistent with
the provisions of The Code of the University of North Carolina
(The Code), the Board of
Governors hereby delegates to the boards of trustees of the constituent
institutions of the University of North Carolina System the following duties
and powers:
I. ACADEMIC AND ADMINISTRATIVE PERSONNEL
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
North Carolina Human Resources 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 SAAO positions, 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 2.a., above, and other than those
subject to the North Carolina Human Resources 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 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 North Carolina Human Resources Act, shall be effected by the chancellor.
A discharged or suspended employee shall have such rights of appeal from
the action of the chancellor, or the chancellor’s designee, as may be
prescribed by The 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 authorized
by or not otherwise prescribed by state law, The 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, in consultation with the
president, a search committee composed of representatives of the board of
trustees, the faculty, the student body, staff, the alumni, the local
community, and other campus constituencies as may be appropriate. Upon the establishment of the search
committee, the chair of the board of trustees, in consultation with the president
shall establish a budget and identify staff for the committee.
The search committee, through the chair
of the board of trustees, shall make a preliminary report to the president when
the committee is preparing a schedule of initial interviews. At the completion of the campus interview
process, the search committee shall recommend an unranked slate of no fewer
than two candidates to the trustees for consideration.
The board of trustees, following
receipt of the report of the search committee, shall, subject to the direction
of the president, recommend an unranked slate of no fewer than two candidates
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
appeal from any of these decisions or any other academic determination is
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 DEVELOPMENT AND ADMINISTRATION
On an annual basis, the board of trustees shall approve a
comprehensive, “all-funds” budget of the constituent institution for the
upcoming fiscal year. The budget shall reflect estimated General Fund,
Institutional Trust Fund, and other revenues and expenditures as defined by and
in a manner prescribed by the president or the president’s designee. The board
of trustees’ approval of a constituent institution all-funds budget shall not
be delegated and shall be made by the full board of trustees.
The board of trustees shall advise the chancellor with
respect to the development, execution, and administration of the budget of the
constituent institution, consistent with actions 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 North
Carolina: (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.[1]
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 shall be approved by the Board of Governors; provided, that:
(a)
If a proposal involves acquisition or disposition of any
interest in real property other than a leasehold, the board of trustees may
authorize such a transaction with a value less than $500,000, and the president
may authorize such a transaction with a value less than $750,000, without
obtaining approval of the Board of Governors; and
(b)
If a proposal
involves acquisition or disposition of a leasehold interest in real property,
the board of trustees may authorize such a transaction with an annual value
less than $500,000 and a term of not more than 10 years, and the president may
authorize such a transaction with annual value less than $750,000 and a term of
not more than 10 years, without obtaining approval of the Board of Governors;[2]
and
(c)
If the president or a board of trustees of a constituent
institution has been delegated additional authority by the Board of Governors
to do so under Section 600.1.3 of the UNC Policy Manual, the president or board
of trustees of a constituent institution may authorize acquisition or
disposition of an interest in real property with a value greater than that
listed in paragraphs (a) and (b), above, without obtaining approval of the
Board of Governors.
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.[3]
All delegations of authority in this section are subject to
any necessary authorizations and approvals from state officials and agencies.
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]
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 System 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. An appeal to the
institutional board of trustees is not required.
IX. TUITION, FEES, AND DEPOSITS
A. General Authority of Boards of
Trustees
The boards of trustees of the constituent institutions other
than the board of the North Carolina School of Science and Mathematics 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 University of North Carolina System should be extended to
the people of the state free of expense, as far as practicable.
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[4]
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 [G.S. 116-35], and child development centers [G.S. 116-38].
[1]See Section
600.1.1 of the UNC Policy Manual for additional detail.
[2]The value of
an interest in real property shall, with respect to a leasehold interest, be
deemed the annual rental value thereof.
[3]Board of
trustees are authorized to delegate to the respective chancellors the power to
authorize for the institutions the acquisition or disposition of any interest
in real property valued at less than $50,000, subject to any necessary approval
from state officials and agencies, in accordance with Section 600.1.3 of the
UNC Policy Manual.
[4]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.]