The Code

of

The Board of Governors

The University of North Carolina

July 1, 2001

Updated March 14, 2002

Updated May 12, 2003

Updated June 18, 2003

_____________________________

Table of Contents

CHAPTER I- ESTABLISHMENT, INCORPORATION AND COMPOSITION OF THE

UNIVERSITY OF NORTH CAROLINA

SECTION 100. CONSTITUTIONAL ESTABLISHMENT

SECTION 101. INCORPORATION AND CORPORATE POWERS

SECTION 102. COMPOSITION OF THE UNIVERSITY

SECTION 103. EQUALITY OF OPPORTUNITY IN THE UNIVERSITY

CHAPTER II -THE BOARD OF GOVERNORS

SECTION 200. MEMBERSHIP

200 A. Initial Membership

200 B. Subsequent Membership

(1) Election of Members

(2) General Qualifications

200 C. Special Memberships

(1) Member Ex-Officio

(2) Members Emeriti

(3) Members Emeriti - Former Governor

SECTION 201. OFFICERS

201 A. Chairman, Vice Chairman, and Secretary

201 B. Assistant Secretary

SECTION 202. MEETINGS AND BYLAWS

202 A. Meetings

(1) Regular Meetings

(2) Special Meetings

(3) Emergency Meetings

202 B. Agenda

202 C. Conduct of Business

(1) Quorum

(2) Presiding Officer

(3) Power to Vote

(4) Rules of Order

(5) Reference to Committees

202 D. Minutes

202 E. Closed Sessions

202 F. Amendments and Suspensions of Code Provisions

SECTION 203. POWERS AND DUTIES

203 A. Statutory Powers and Duties

203 B. Other Powers and Duties

203 C. Reservation of Powers

CHAPTER III -COMMITTEES OF THE BOARD OF GOVERNORS

SECTION 300. ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES

SECTION 301. THE STANDING COMMITTEES' JURISDICTION

SECTION 302. GENERAL PROVISIONS CONCERNING STANDING COMMITTEES

302 A. Appointment of Members

302 B. Officers of Standing Committees

302 C. Meetings of Standing Committees

302 D. Subcommittees

302 E. Report of Standing Committees

302 F. Closed Sessions

SECTION 303. SPECIAL COMMITTEES OF THE BOARD OF GOVERNORS

CHAPTER IV -BOARDS OF TRUSTEES

SECTION 400. MEMBERSHIP

400 A. General Provisions

400 B. Dual Membership Prohibited

SECTION 401. OFFICERS

401 A. Chairman, Vice Chairman, and Secretary

401 B. Assistant Secretary

SECTION 402. MEETINGS

402 A. Frequency

402 B. Rules of Procedure

402 C. Keeping Board of Governors Informed

SECTION 403. POWERS AND DUTIES

403 A. General Powers and Duties

403 B. Other Powers and Duties

CHAPTER V -OFFICERS OF THE UNIVERSITY

SECTION 500. ELECTION OF OFFICERS

500 A. President and Staff

500 B. Chancellors and Staffs

SECTION 501. PRESIDENT OF THE UNIVERSITY

501 A. General Authority

501 B. Relation of the President to the Board of Governors

501 C. Relation of the President to the University

SECTION 502. CHANCELLORS OF CONSTITUENT INSTITUTIONS

502 A. General Authority

502 B. Relation of the Chancellor to the Board of Governors and the President

502 C. Relation of the Chancellor to the Board of Trustees

502 D. Relation of the Chancellor to the Constituent Institution

CHAPTER VI -ACADEMIC FREEDOM AND TENURE

SECTION 600. FREEDOM AND RESPONSIBILITY IN THE UNIVERSITY COMMUNITY

SECTION 601. ACADEMIC FREEDOM AND RESPONSIBILITY OF FACULTY

SECTION 602. ACADEMIC TENURE

SECTION 603. DUE PROCESS BEFORE DISCHARGE OR THE IMPOSITION OF SERIOUS SANCTIONS

SECTION 604. APPOINTMENT, NONREAPPOINTMENT AND REQUIREMENTS OF NOTICE AND REVIEW

604 A. Notice of Reappointment or Nonreappointment

604 B. Impermissible Reasons for Nonreappointment

604 C. Special Faculty Appointments

SECTION 605. TERMINATION OF FACULTY EMPLOYMENT

605 A. Definition

605 B. Timely Notice of Termination

605 C. Institutional Procedures

SECTION 606. RETIREMENT OF FACULTY

SECTION 607. FACULTY GRIEVANCE COMMITTEE FOR CONSTITUENT

INSTITUTIONS

SECTION 608. STUDENTS' RIGHTS AND RESPONSIBILITIES

SECTION 609. APPELLATE JURISDICTION OF THE BOARD OF GOVERNORS

609 A. Discretionary Review

609 B. Hearings

609 C. Appeals by Non-Faculty Exempt Employees

609 D. Transmission of Appeals

CHAPTER VII -FINANCES, PROPERTY AND OBLIGATIONS

SECTION 700. BUDGETS AND APPROPRIATIONS

700 A. Budget Recommendations

700 B. Appropriations and Allocations

700 C. Transfers of Appropriated Funds

SECTION 701. TUITION AND FEES

SECTION 702. GENERAL POWERS CONCERNING PROPERTY

702 A. Corporate Powers

702 B. Statutory Powers

702 C. Transfer of Property and Obligations

702 D. Limitation on Exercise of Powers

SECTION 703. IMMUNITIES

703 A. Tax Exemption

703 B. Tort Liability

SECTION 704. ENDOWMENT FUND

SECTION 705. ANNUITY OR RETIREMENT INCOME CONTRACTS

SECTION 706. REVENUE BONDS

CHAPTER VIII-MATTERS INVOLVING NON-PUBLIC INSTITUTIONS

SECTION 800. LICENSING POST-SECONDARY DEGREE ACTIVITY

800 A. Institutions Required to Be Licensed

800 B. Regulatory Authority in the Board

800 C. Enforcement Authority in the Attorney General

SECTION 801. ASSESSMENT OF NEEDS AND REVIEW OF REQUESTS

SECTION 802. FINANCIAL AID

802 A. Contracts to Aid North Carolina Students

802 B. Scholarship and Contract Terms; Base Period

802 C. Contract Forms; Reports; Audits; Regulations

802 D. Definitions

CHAPTER IX -MISCELLANEOUS PROVISIONS

SECTION 900. THE UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM

900 A. Composition

900 B. Meetings and Powers of Board

900 C. Officers

900 D. Health Care System Personnel

900 E. Health System Finances

900 F. Health Care System Purchases

900 G. Health Care System Property

900 H. Health Care System Property - Construction

SECTION 901. NORTH CAROLINA SCHOOL OF THE ARTS

901 A. Policy

901 B. Establishment

901 C. Board of Trustees

901 D. Powers of Board

901 E. Endowment Fund

901 F. Purpose of School Program

SECTION 902. NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS

Appendix 1- DELEGATIONS OF DUTY AND AUTHORITY TO BOARDS OF TRUSTEES

I. ACADEMIC AND ADMINISTRATIVE PERSONNEL

A. Appointment and Compensation

B. Discharge or Suspension

C. Personnel Policies

D. Chancellor Selection

II. ACADEMIC PROGRAM

III. ACADEMIC DEGREES AND GRADING

IV. HONORARY DEGREES, AWARDS AND DISTINCTIONS

V. BUDGET ADMINISTRATION

VI. PROPERTY AND BUILDINGS

VII. ENDOWMENTS AND TRUST FUNDS

VIII. ADMISSIONS

IX. TUITION, FEES AND DEPOSITS

A. General Authority of Boards of Trustees

B. Tuition and Fee Deposits

C. Application Fee

D. Acceptance of Obligations in Lieu of Cash

E. Fee Recommendations

X. STUDENT FINANCIAL AID

XI. STUDENT SERVICES

XII. STUDENT CONDUCT, ACTIVITIES AND GOVERNMENT

XIII. INTERCOLLEGIATE ATHLETICS

XIV. TRAFFIC AND PARKING REGULATIONS

XV. CAMPUS SECURITY

XVI. AUXILIARY ENTERPRISES, UTILITIES AND MISCELLANEOUS FACILITIES