The UNC Policy Manual
The
Code
100.1
Revised 3/20/09
SECTION 900. THE
UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM
900
A. Composition.
There is established the University of North Carolina Health
Care System to provide patient care, facilitate the education of physicians and
other health-care providers, conduct research collaboratively with the health
sciences schools of the University of North Carolina at Chapel Hill, and render
other services designed to promote the health and well-being of the citizens of
North Carolina. The University of North Carolina Hospitals at Chapel Hill and
the clinical patientcare programs established or maintained by the School of
Medicine of the University of North Carolina at Chapel Hill shall be governed
by the Board of Directors of the University of North Carolina Health Care
System composed of both at-large and ex-officio members.
Vacant at-large positions shall be filled by the appointment
of persons from the business and professional public-at-large who have special
competence in business management, hospital administration, health-care
delivery, or medical practice or who otherwise have demonstrated dedication to
the improvement of health care in North Carolina, and who are neither members
of the Board of Governors, members of the board of trustees of a constituent
institution of the University of North Carolina, nor officers or employees of
the state. No less than nine and no more
than 21 members at large, which number to be determined by the Board of
Directors, shall be appointed by the president of the University, and ratified
by the Board of Governors, from among a slate of nominations made by the Board
of Directors of the University of North Carolina Health Care System, said slate
to include at least twice as many nominees as there are vacant positions to be
filled. No at-large member may be
appointed to more than two full four-year terms in succession. Any vacancy in an unexpired term shall be
filled by an appointment made by the president, and ratified by the Board of
Governors, upon the nomination of the Board of Directors, for the balance of
the term remaining.
A minimum of six members ex-officio shall be the president
of the University of North Carolina (or the president’s designee); the chief
executive officer of the health care system; two administrative officers of the
University of North Carolina at Chapel Hill designated by the chancellor; and
two members of the faculty of the School of Medicine of the University of North
Carolina at Chapel Hill designated by the dean of the School of Medicine;
provided, that if not such a member ex-officio by virtue of holding one or more
of the offices aforementioned, additional ex-officio memberships shall be held
by the president of the University of North Carolina Hospitals at Chapel Hill
and the dean of the School of Medicine of the University of North Carolina at
Chapel Hill, for a total potential ex-officio membership of eight. [See G.S. 116-37(a) and (b)]
900
B. Meetings and Powers of Board.
The Board of Directors of the University of North Carolina
Health Care System shall meet at least every 60 days and may hold special
meetings at any time and place within the state at the call of the chair. The Board of Directors, with each ex-officio
and at-large member having a vote, shall elect a chair from among the at-large
members, for a term of two years; no person shall be eligible to serve as chair
for more than three terms in succession.
In meeting the patient-care, educational, research, and public-service
goals of the University of North Carolina Health Care System, the Board of
Directors is authorized to exercise such authority and responsibility and adopt
such policies, rules and regulations as it deems necessary and appropriate, not
inconsistent with the provisions of G.S. 116-37, this Code, or the other policies of the Board of Governors. The Board of Directors may adopt policies
that make the authorities and responsibilities established herein or by statute
separately applicable either to the University of North Carolina Hospitals at
Chapel Hill or to the clinical patient care programs of the School of Medicine
of the University of North Carolina at Chapel Hill, or to both. The board may authorize any component of the
University of North Carolina Health Care System, including the University of
North Carolina Hospitals at Chapel Hill, to contract in its individual
capacity, subject to such policies and procedures as the Board of Directors may
direct. The Board of Directors may enter
into formal agreements with the University of North Carolina at Chapel Hill
with respect to the provision of clinical experience for students and for the
provision of maintenance and supporting services. The board’s action on matters within its
jurisdiction is final, except that appeals may be made, in writing, to the
Board of Governors with a copy of the appeal to the chancellor of the
University of North Carolina at Chapel Hill.
The Board of Directors shall keep the Board of Governors and the Board
of Trustees of the University of North Carolina at Chapel Hill fully informed
about health care policy and recommend changes necessary to maintain adequate
health care delivery, education and research for improvement of the health of
the citizens of North Carolina. [See
G.S. 116-37 (b)]
900
C. Officers.
The executive and administrative head of the University of
North Carolina Health Care System shall have the title of ‘chief executive
officer’. The Board of Directors, in
cooperation with the Board of Trustees and the chancellor of the University of
North Carolina at Chapel Hill, following such search process as the boards and
the chancellor deem appropriate, shall identify two or more persons as
candidates for the office, who, pursuant to criteria agreed upon by the boards
and the chancellor, have the qualifications for both the positions of chief
executive officer and vice chancellor for medical affairs of the University of
North Carolina at Chapel Hill. The names
of the candidates shall be forwarded by the chancellor to the president who, if
satisfied with the quality of one or more of the candidates, will nominate one
as chief executive officer, subject to selection by the Board of
Governors. The chief executive officer
shall have complete executive and administrative authority to formulate
proposals for, recommend the adoption of, and implement policies governing the
programs and activities of the University of North Carolina Health Care System,
subject to all requirements of the Board of Directors. [See G.S. 116-37(c)] The chief executive officer shall serve at
the pleasure of the Board of Governors which may terminate the chief executive
officer’s appointment (as distinguished from such person’s joint appointment,
if any, as vice chancellor for medical affairs of the University of North
Carolina at Chapel Hill) on its own initiative or upon recommendation of the
Board of Directors or the president of the University: provided, that in all
instances, the Board of Governors shall consult with the Board of Directors
prior to terminating the appointment of the chief executive officer.
The executive and administrative head of the University of
North Carolina Hospitals at Chapel Hill shall have the title of “president of
the University of North Carolina Hospitals at Chapel Hill.” The Board of Directors shall elect, on
nomination of the chief executive officer, the president of the University of
North Carolina Hospitals at Chapel Hill, and such additional administrative and
professional staff employees as may be deemed necessary to assist in fulfilling
the duties of the office of the chief executive officer, all of whom shall
serve at the pleasure of the chief executive officer. [See G.S. 116-37(c)]
The Board of Governors, on recommendation of the president
of the University and of the Board of Directors, shall fix the compensation of
the chief executive officer. On
recommendation of the chief executive officer and the Board of Directors, with
the concurrence of the president of the University, the Board of Governors
shall fix the compensation of the president of the University of North Carolina
Hospitals at Chapel Hill.
900 D. Health Care
System Personnel.
Employees of the University of North Carolina Health Care
System shall be deemed to be employees of the state and shall be subject to all
provisions of state law relevant thereto; provided, however, that except as to
the provisions of Articles 5, 6, 7, and 14 of Chapter 126 of the General
Statutes, the provisions of Chapter 126 shall not apply to employees of the
University of North Carolina Health Care System, and the policies and
procedures governing the terms and conditions of employment of such employees
shall be adopted by the Board of Directors.
[See G.S. 116-37(d)]
900
E. Health System Finances.
The University of North Carolina Health Care System shall be
subject to the provisions of the Executive Budget Act. The chief executive officer, subject to the
Board of Directors, shall be responsible for all aspects of budget preparation,
budget execution, and expenditure reporting.
The preparation and execution of the budget shall be subject to the
requirements of Section 501B(7) of this Code.
[See G.S. 116-37(e)]
900
F. Health Care System Purchases.
Notwithstanding the provisions of Articles 3, 3A, and 3C of
Chapter 143 of the General Statutes to the contrary, the Board of Directors
shall establish policies and regulations governing the purchasing requirements
of the University of North Carolina Health Care System. These policies and regulations shall provide
for requests for proposals, competitive bidding, or purchasing by means other
than competitive bidding, contract negotiations, and contract awards for
purchasing supplies, materials, equipment, and services which are necessary and
appropriate to fulfill the clinical, educational, research, and community
service missions of the University of North Carolina Health Care System. [See G.S. 116-37(h)]
900
G. Health Care System Property.
The Board of Directors shall establish rules and regulations
for acquiring or disposing of any interest in real property for the use of the
University of North Carolina Health Care System. These rules and regulations shall include
provisions for development of specifications, advertisement, and negotiations
with owners for acquisition by purchase, gift, lease, or rental, but not by
condemnation or exercise of eminent domain, on behalf of the University of
North Carolina Health Care System.
Acquisitions and disposition of any interest in real property pursuant
to this section shall not be subject to the provisions of Article 36 of Chapter
143 of the General Statutes or the provisions of Chapter 146 of the General
Statutes. [See G.S. 116-37(i)]
900
H. Health Care System Property --
Construction.
Notwithstanding G.S. 143-341(3) and G.S. 143-135.1, the
Board of Directors shall adopt policies and procedures with respect to the
design, construction, and renovation of buildings, utilities, and other
property developments of the University of North Carolina Health Care System
requiring the expenditure of public money.
[See G.S. 116-37(j)]
SECTION 901. UNIVERSITY OF NORTH CAROLINA
SCHOOL OF THE ARTS.16
901
A. Policy.
It is
declared to be the policy of the state to foster, encourage and promote, and to
provide assistance for, the cultural development of the citizens of North
Carolina, and to this end the General Assembly has created and provided for a
training center for instruction in the performing arts. [See G.S. 116-63]
901
B. Establishment.
There
is established, and there shall be maintained, a school for the professional
training of students having exceptional talent in the performing arts which
shall be defined as an educational institution of the state, to serve the
students of North Carolina and other states, particularly other states of the
South. The school shall be designated
the "University of North Carolina School of the Arts."17 [See G.S. 116-64]
901
C. Board of Trustees.
The
University of North Carolina School of the Arts is a constituent institution of
the University of North Carolina and subject to the provisions of this Code;
provided, however, that notwithstanding the provisions of Chapter IV of this Code,
the Board of Trustees of said school shall consist of 15 persons, 13 of whom
are selected in accordance with provisions of said Chapter IV, one of whom
shall be the conductor of the North Carolina Symphony and one of whom shall be
the secretary of the Department of Cultural Resources, each of the latter two
serving ex-officio and non-voting. [See
G.S. 116-65]
901
D. Powers of Board.
The
Board of Governors and the Board of Trustees of the school shall be advised and
assisted by the State Board of Education.
Entrance requirements shall be prescribed so that the professional training
offered shall be available only to those students who possess exceptional
talent in the performing arts. In
developing curricula, the school shall utilize, pursuant to agreement with
institutions of higher education or with any local administrative school unit,
existing facilities and such academic nonarts courses
and programs of instruction as may be needed by the students of the school,
and, at the discretion of the Board of Governors, personnel may be employed
jointly with any such institution or unit on a cooperative, cost-sharing
basis. Curricula below the collegiate
level shall be developed with the advice and approval of the State Board of
Education and in consultation with the advisory board of the school. The school shall confer and cooperate with
the Southern Regional Education Board and with other regional and national
organizations to obtain wide support and to establish the school as the center
in the South for the professional training and performance of artists. The chancellor of the school shall preferably
be a noted composer or dramatist. [See
G.S. 116-66]
901
E. Endowment Fund.
The
Board of Trustees is authorized to establish a permanent endowment fund, and
shall perform such duties in relation thereto as are prescribed by the provisions
of Chapter VII of this Code. [See
G.S. 116-68]
901
F. Purpose of School Program.
The
primary purpose of the school shall be the professional training, as
distinguished from liberal arts instruction, of talented students in the fields
of music, drama, the dance, and allied performing arts, at both the high school
and college levels of instruction, with emphasis placed upon performance of the
arts, and not upon academic studies of the arts. The said school may also offer high school
and college instruction in academic subjects, and such other programs as are
deemed necessary to meet the needs of its students and of the state, consistent
with appropriations made and gifts received therefore, and may cooperate, if it
chooses, with other schools which provide such courses of instruction. The school, on occasion, may accept
elementary grade students of rare talent, and shall arrange for such students,
in cooperation with an elementary school, a suitable educational program. [See G.S. 116-69]
SECTION 902. NORTH CAROLINA SCHOOL OF
SCIENCE AND MATHEMATICS.
902
A. Policy
It
is declared to be the policy of the State to foster, encourage, promote, and
provide assistance in the development of skills and careers in science and
mathematics among the people of the State. [See G.S.116-230.1]
902
B. Re-Establishment
The
North Carolina School of Science and Mathematics is reestablished as a
constituent high school of The University of North Carolina, effective July 1,
2007, and shall thereafter be governed by the Board of Governors and a Board of
Trustees. [See G.S. 116-231]
902 C. Board of
Trustees
The
School is a constituent institution of the University of North Carolina and
subject to the provisions of this Code;
provided, however, that notwithstanding the provisions of Chapter IV of this Code, the Board of Trustees of the
School shall consist of 27 persons as provided by law. The Board of Governors shall appoint 21
members as follows: 13 members, one from
each congressional district; four members without regard to residency; three
members, ex officio and voting, who
shall be the chief academic officers, or their designee, respectively, of three
constituent institutions designated by the Board of Governors in 1985 and
quadrennially thereafter; and one member, ex officio and voting, who shall be
the chief academic officer of a college or university in North Carolina other
than a constituent institution and designated by the Board of Governors in 1985
and quadrennially thereafter. The
Chancellor shall serve ex officio and
non-voting as the Secretary of the Board.
[See G.S. 116-233]
902
D. Powers of Board
In addition to the powers enumerated in this Code, the Board of Trustees shall
establish the standard course of study for the School and regulations governing
class size, the instructional calendar, the length of the instructional day,
and the number of instructional days in each term. The Board shall establish criteria, standards
and procedures for the admission of students who are legal residents of North
Carolina, ensuring insofar as possible without jeopardizing admission
standards, that an equal number of qualified applicants is admitted to the
program and to the residential summer institutes in science and mathematics
from each of North Carolina's congressional districts. The Board shall adopt compulsory attendance
policies consistent with North Carolina law and rules of student conduct. The Chancellor, other administrative officers,
and all teachers, substitute teachers, voluntary teachers, teacher aides and
assistants, and student teachers in the School may use reasonable force in the
exercise of lawful authority to restrain or correct pupils and maintain order.
[See G.S. 116-235]
902
E. Endowment
Fund
The Board of Trustees is authorized to establish a permanent
endowment fund, and shall perform such duties in relation thereto as are
prescribed by the provisions of Chapter VII of this Code. [See G.S. 116-68]
902
F. Purposes of the School.
The purposes of the School shall be to foster the
educational development of North Carolina high school students who are
academically talented in the areas of science and mathematics and show promise
of exceptional development and global leadership through participation in a
residential educational setting emphasizing instruction in the areas of science
and mathematics; and to provide instruction, methods, and curricula designed to
improve teaching and learning in North Carolina and the nation with an emphasis
on distance education and programs that expand pathways for students into
careers in science and mathematics. [See G.S. 116-232]
902
G. Tuition and Mandatory Fees
Neither the Board of Governors of The University of North
Carolina nor its Board of Trustees shall impose any tuition or fee at the North
Carolina School of Science and Mathematics without the approval of the General
Assembly. [See G.S. 116-143] Service
charges are permitted in accordance with University policy.
902
H. Educational Advisory Council
The Board of Trustees is authorized to establish an Educational Advisory Council, which shall give advice and counsel to the Chancellor and the Board of Trustees. The School shall invite membership, ex officio, of the State Superintendent of the Department of Public Instruction, or designee, and the chairman of the State Board of Education, or designee, and other persons who are scientists, mathematicians, public school representatives, or other persons having an interest in the School and desiring to contribute to its work.