The
UNC Policy Manual
400.4.2
Adopted
08/11/95
Amended
09/12/97
Amended
03/23/18
I. Purpose. The
purpose of this policy is to implement N.C. Gen. Stat. § 116-15(d) (hereinafter
G.S.).
II. Delegation. It shall be the responsibility of the president
to apply the provisions of G.S. 116-15 and relevant policies and procedures of
the Board of Governors, including these policies, to any application for
exemption pursuant to G.S. 116-15(d) from licensure to undertake postsecondary
degree activity with reference to religious education and in each case to
determine the propriety of such exemption, and to assess reasonable fees for evaluating
initial applications and conducting subsequent reviews regarding such exemption.
III. Definitions
A.
The definitions set forth in G.S. 116-15(a2) are hereby
incorporated by reference into these policies.
B.
“Program of study” means each academic program offered by an
institution and includes without limitation all majors, minors, concentrations,
and degrees.
IV. Standards for Exemption.
Exemption from licensure with respect to religious education under G.S.
116-15(d) shall rest upon one of the following:
A. That the subject education
constitutes postsecondary degree activity based upon a program of study,
equivalent experience, or achievement testing the institutionally planned
objective of which is the attainment of a degree in theology, divinity, or
religious education;
or
B. That the
subject education constitutes a program of study, equivalent experience, or
achievement testing, other than that identified in paragraph A., above, that is
designed by the offering institution primarily for career preparation in a
religious vocation.
V. Extent of
exemption. An institution shall be
conferred exemption from licensure only with respect to each program of study,
equivalent experience, or achievement test that the institution demonstrates to
the satisfaction of the president comes within one of the standards for exemption
set forth in section IV., above.
VI. Determination of Eligibility for Exemption. The president shall determine whether to
confer exemption with respect to religious education as provided in G.S. 116-15
only upon the president’s receipt from staff of a recommendation concerning
exemption based upon the following:
A. Staff summary of a site visit to the petitioning
institution (if appropriate).
B. Documents and information relevant to
the qualifying nature of the petitioning institution and the subject
curriculum, which shall include:
1. If the institution is a business
entity, the articles of incorporation or articles of organization of the
institution, including all current amendments thereto.
2. The title of each degree program for
which exemption is sought.
3. The educational credential proposed
to be given by the institution upon satisfactory completion of each program of
study, equivalent experience, or achievement test for which exemption is
sought.
4. The catalog statement and any other
institutional statement (such as curriculum outline) for each program of study,
equivalent experience, or achievement test for which exemption is sought.
5.
Those other documents that the
president may determine are necessary to establish that the institution
conforms to the standards for exemption set out in section IV., above.
C. Assurances from the petitioning institution that it has
conformed, or will conform, institutional literature and educational
credentials to the conditions of licensure exemption pursuant to these
policies, which shall include:
1. Designating any degree program of
study or academic credential for which exemption from licensure is to pertain
by a title that clearly indicates its religious nature so that the institutional
objective of the program for its use in attainment of a degree in theology,
divinity, or religious education, or its institutional design primarily for
career preparation in a religious vocation is apparent.
2. Prominently displaying in relevant
institutional publications a statement that the relevant degree program of
study has been declared by the appropriate state authority exempt from the
requirements for licensure, under provisions of G.S. 116-15(d), for exemption
from licensure with respect to religious education.
3. Prominently displaying in relevant
institutional publications a statement that Exemption from licensure is not
based upon assessment of program quality under established licensing standards.
VII. Duration of Exemption.
At least annually, staff shall make inquiry of institutions conferred
exemption with respect to religious education to ascertain the continuation of
those bases upon which there was conferred exemption from licensure. An exemption shall continue unless suspended
or revoked by the president following the president’s consideration of a
corresponding recommendation from staff.
An exemption shall also end when the institution ceases to have students
enrolled in the exempt program, except that in such case staff may continue the
exemption for a reasonable period for good cause shown.
VIII. Pursuit of
Licensure. An institution shall seek
licensure to conduct postsecondary activity with respect to any program of
study, equivalent experience, or achievement test for which exemption from
licensure has been denied for failure of the institution to satisfy these
policies but which postsecondary the institution intends to offer.
IX. Violation
of Conditions. If the president
determines that an institution (1) has failed to seek and obtain licensure or
exemption from licensure, as required by these policies; or (2) has failed to
fulfill any obligation attendant to exemption from licensure under these
policies, the president may suspend or revoke the exemption and shall request
that the Attorney General of North Carolina take appropriate action against the
offending institution.
X. Other Matters
A.
Effective Date. The requirements of this policy shall
be effective on the date of adoption of this policy by the Board of Governors.
B.
Relation to Federal and State Laws. The foregoing
policy as adopted by the Board of Governors is meant to supplement, and does
not purport to supplant or modify, those statutory enactments which may govern
or relate to the subject matter of this policy.
C.
Regulations and Guidelines. This policy shall be
implemented and applied in accordance with such regulations and guidelines as
may be adopted from time to time by the president.