- Power and Duties
- Delegation of Authority to President
- Board of Trustees Governing Statutes, Bylaws and Policies, Adoption and Amendment
- Presidential Delegation of Accountability
- Reservation of Powers
- Operating Philosophy
- Governing Statements
- Compensation and Conflict of Interest
- Amendments to Bylaws
- Academic Programs
- Financial Affairs
The governance of Illinois State University is vested by law in the Board of Trustees. Within the limits set by the State Constitution and the federal and state laws, the Board of Trustees is the final authority in all matters affecting the institution, and it exercises jurisdiction over the institution's financial, educational, and other policies and its relation with the state and federal governments. This Board of Trustees Governing Document describes the composition, powers, and duties of the Board of Trustees of Illinois State University, as defined by Illinois Statutes, and establishes policies for the performance of its functions. In the Board of Trustees Governing Document, the Board of Trustees has delegated certain responsibilities to the President in order to provide for the accomplishment of its goals. As the chief administrative officer of the University, the President is authorized by the Board to promulgate the University Policy Manual which provides interpretation and implementation of the Board of Trustees Governing Document. The Academic Senate is authorized to issue rules implementing the responsibilities delegated to it in the University Policy Manual.
Unless otherwise specified or clearly indicated, terms used throughout the Board of Trustees Governing Document are defined as follows:
- "Board" refers to the Board of Trustees of Illinois State University.
- "Adopted" immediately following the topic title refers to the date on which the Board of Trustees first approved the material within the topic.
- "Revised" immediately following the topic title refers to the date on which the Board of Trustees modified material within the topic.
Replacement Pages(as noted above)
The President's Office will maintain all amendments to the Board of Trustees Governing Document after adoption by the Board. Replacement pages containing a specific amendment or for all amendments adopted subsequent to publication can be obtained by request to the President's Office. Individual users are responsible for keeping their own volume of the Board of Trustees Governing Document up-to-date.
From time to time the President's Office may issue interpretive memoranda in response to issues of interpretation which are posed by users of this document. Such interpretive memoranda will be made available to the members of the Board of Trustees and such additional persons as may be concerned. They too, will be maintained on file in the President's Office and available to any user upon request.
Inquiries regarding the Board of Trustees Governing Document should be addressed to the President's Office, Illinois State University, Campus Box 1000, Normal, IL, 61790-1000.
The Board of Trustees of Illinois State University is a public corporation established by 110 ILCS 675 to "operate, manage, control and maintain Illinois State University in accordance with the rights, powers and duties now or hereafter vested by law in the Board." The Board has been given by statute the usual powers and duties of public corporations, including the power to contract; to sue and be sued; to acquire property by purchase, eminent domain or otherwise; to hold and convey real property for the benefit of the people of the State of Illinois and for the use of Illinois State University; and to expend funds appropriate to Illinois State University, with the proviso that the Board shall not create any liability or indebtedness of funds from the State Treasury in excess of the funds appropriated to Illinois State University.
The General Assembly of the State of Illinois has set a number of statutory limitations upon the Board's exercise of its powers. Included among these limitations are the powers given to the Illinois Board of Higher Education to carry out such coordinating functions as the approval or disapproval of new units of instruction, research and public service proposed by the Board of Trustees.
The Board is also directed by statute to carry out its powers and duties through the adoption of rules, regulations and bylaws and through the employment of a President and all other necessary officers and employees of the University. It is through the adoption of policies, rules, regulations and bylaws and through the employment of a President that the Board primarily acts to exercise its statutory powers. The Board is the final institutional authority and, therefore, the Board of Trustees Governing Document has precedence over the university constitution, and policies and procedures of the University. Where the Board of Trustees Governing Document conflicts with the Illinois State University Constitution or policies and procedures of the University, or policies and procedures of units of the University, the Board of Trustees Governing Document shall prevail.
In general, the Board will act to ensure that the University is administered in a manner that is in compliance with the Board of Trustees Governing Document as well as with fiscal and legal mandates and requirements, by holding the President accountable for such compliance, rather than through processes which require advance review and/or approval by the Board of university documents or administrative actions. In order to achieve and maintain this desired accountability, the Board will refrain from participating in the day-to-day management decisions and actions of the University, and it hereby delegates responsibility for the administration and management of Illinois State University to the President of the University. Except in limited instances and except when specifically provided for in university documents approved by the Board, the Board of Trustees will not serve as an appellate body for decisions made by the President or university administration.
In carrying out their statutory responsibilities, members of the Board as representatives of the State and its citizens, may exercise official Board authority only when the Board or a committee of the Board is in session or when they are acting on behalf of the Board pursuant to its direction.
The President of Illinois State University shall be the Chief Executive Officer of the University and is responsible to the Board for the operations of the University. The President is granted the necessary authority to carry out those responsibilities except for powers that are legislative or judicial in nature, which cannot be delegated pursuant to applicable law. The Board delegates to the President all authority:
- Related to personnel of the University including the authority to hire and terminate individual employees of the University as provided for by Board policy.
- To make final determinations with regard to promotions, tenure and sabbaticals for faculty and staff.
- To execute all contracts, agreements, grants, warrants and other binding legal instruments presented in the name of the Board of Trustees which are necessary and appropriate to the normal operation of the institution and within the budgeted expenditures as approved by the Board of Trustees.
- To approve capital projects and purchasing contracts up to and including $500,000 per project or contract.
- To enter into lease agreements of up to seven (7) years and up to $100,000 per year per agreement.
- To license products and inventions of the University in accordance with University policies.
- To speak for the University before all federal, state and local government officers, boards and agencies.
The Board of Trustees Governing Document has three sections: Governing Statutes, Bylaws and Policies Governing Statutes, Bylaws and Policies may be adopted, amended, or repealed at any regular meeting of the Board by a majority vote of the voting membership of the Board. Requests for the adoption, amendment, or repeal of Governing Statutes, Bylaws or Policies shall be submitted to the President who shall notify the Board's Chairperson of such requests. The President shall report such requests with recommendations for action to the Board. Except as specified below, the adoption, amendment, or repeal of Governing Statutes, Bylaws or Policies shall occur only after a proposal for adoption, amendment, or repeal has been presented to the Board for first reading by the President.
Board action on the proposal shall not be taken earlier than the next regular meeting following the first reading unless the Board determines that timing considerations or the nature of the subject matter requires immediate action. During the interim between first reading and Board action, the President shall distribute copies of the proposal to appropriate faculty, staff, and student groups. Up to ten days prior to the Board meeting at which action is to be taken, members of the faculty, staff, and student body may submit their views and comments in writing to the President for distribution to the Board together with the President's recommendation for action on the proposal.
The President is authorized to make nonsubstantive amendments to the Board of Trustees Policies as may be necessary for such purposes as name or title changes, correcting typographical errors and cross-references, and updating citations.
The President shall have established a process for the development and approval of university guidelines and procedures as is necessary to implement and maintain the statutes and policies set forth in the Board of Trustees Governing Document.
- The President may delegate authority and responsibility for administration and management of the University in any manner which will ensure accountability. It is the Board's expectation that the President will make management decisions and will delegate
authority and responsibility for the making of such decisions in a manner which will:
- Protect the public interest in the successful achievement of the University's mission
- Maximize use and conservation of university resources
- Protect the University's public image as an institution of integrity and value
- Assure compliance with applicable federal and state law
- Assure diversity among the employees and students
- In the event the President advises the Board of his/her incapacity, or the Board determines that the President is incapacitated, the Vice President and Provost shall exercise the functions of the President in the absence of the appointment of an interim president by the Board of Trustees.
The Board of Trustees is charged by law with full responsibility for governing Illinois State University. Although the Board properly and necessarily has delegated authority to the President, it cannot divest itself of its ultimate legal responsibility. Accordingly, the Board expressly reserves to itself the power to act on its own initiative in all matters affecting Illinois State University. It further reserves unto itself the final decision-making authority to:
- Appoint and evaluate the President.
- Set tuition, other registration and non-registration fees, and room and board rates.
- Approve honorary degrees.
- Approve the annual operating budget and any changes greater than 10% of any one line item.
- Approve the annual appropriations request.
- Approve capital projects and purchasing contracts in excess of $500,000 per project or contract.
- Establish any new unit of instruction requiring approval by the Illinois Board of Higher Education.
- Purchase and transfer land.
- Approve the University Constitution.
- Alter such delegations of authority as it deems appropriate.
The operating philosophy describes the values and guiding principles through which the Board seeks to govern Illinois State University. Through it, the Board sets forth its expectations of its own operations upon which all of its policies and resulting university documents are based.
The Board of Trustees serves as a steward for society, and seeks to use the institution's resources wisely. It will make its fundamental decisions based on long-range objectives and goals for the University. On an annual basis, the Board will request that the President present to the Board a set of goals and objectives. Upon acceptance by the Board, these goals and objectives will serve as a guide for the efforts of both the Board and the University. Periodically the Board will assess and approve the long-range goals of the University in an effort to assure the future success of Illinois State University.
Governing by Policy Direction
The Board seeks to work effectively with the President and to make contributions to the University by its efforts in policy direction and control. In carrying out its work, the Board expects the President to recommend sufficient policies for the Board's consideration so that it can exercise well-balanced control through policy direction.
The Board recognizes that the University exists for purposes that set it apart from other institutions: it exists to seek the truth, to improve minds, to conduct research, and to carry out its public service missions. It is a means for passing on to individuals the sum total of our knowledge, plus the attitude of seeking and valuing knowledge; and it is a place where new basic knowledge may be generated. The efforts of the Board of Trustees are therefore designed to foster these purposes.
Governing through the President
The Board will select the President of the University to serve at the Board's pleasure. The Board will exercise its authority through the President. The President is encouraged to consult the Board before making decisions on highly sensitive matters.
Trusteeship is a Joint Endeavor
The Board will work as a responsible corporate body taking into consideration individual interests and concerns. Board decisions and position statements will reflect the position of the Board and not any one individual. Trustees will work through the President and his/her designated staff members to facilitate the work and the implementation of decisions by the Board.
Individual Responsibility of Members
Individual Trustees affirm their active participation in governance by regularly preparing for Board meetings, studying thoroughly all important matters facing the future of the institution, advocating and fund raising on behalf of Illinois State University , and making decisions which assist the University in reaching its goals.
Periodically the Board will review the goals and objectives of the University, the quality of the educational programs, use of resources and facilities and any other such topic as it may deem necessary to assure the highest quality is attained at Illinois State University.
The Board and Planning
The Board will use a five-year planning cycle with annual updates prepared by the President for its review. Over time, the components of the plan may change but the following core elements should be included: educational, research and public service programs, enrollment trends, facilities, employees, and benefits.
The University serves the people of Illinois and the common good through learning, teaching, research, scholarship, and public service. Fulfillment of these functions requires the preservation of intellectual freedoms of teaching, expression, research, and debate. The right to search for truth, to support a position the searcher believes is the truth, and to disagree with others whose intellect reaches a different conclusion is the fiber of America's greatness. It is, likewise, the strength of a great University, and its preservation is vital.
A teacher or researcher is entitled to freedom in research, and publication of the results of research, limited only by the precepts of scholarship and faithful performance of academic obligations.
Members of the faculty, staff and student body are entitled to freedom in the classroom in discussing academic related matters.
The Board reaffirms belief in, pledges support of, and directs all segments of the University community to sustain and follow the foregoing commitment to academic freedom. It further recognizes that tenure is a means of protecting freedom of inquiry, research, discourse, teaching, learning and publications.
The Board delegates the conduct of administration and management to the President. It entrusts the conduct of teaching and research through the President to the faculty It recognizes that the faculty has primary responsibility in matters of student recruitment and retention, academic standards, the fundamental areas of curriculum and the necessary policies and procedures for its conduct, subject matter and methods of instruction, instructional materials, methods of research and general requirements for degrees. The Board further recognizes the appropriate role of faculty in recommending to the President faculty appointments, reappointments, promotion, tenure and salary incrementation. It encourages significant student and staff participation in decision-making processes which affect these groups when such participation can be effective.
The Board, Administration, Academic Senate, Administrative/Professional Council, Civil Service Council, Student Government Association and other representative bodies, carry out their respective responsibilities and advisory duties not as isolated entities, but as major and primary constituents of a total University organization and structure that remains mutually interdependent, and which must be supportive of the purposes, functions and obligations of the University.
In order to promote shared participation in responsible and wise decision-making and to ensure channels of communication, the University shall provide for elected representative campus organizations, the structures of which shall be determined by the constituencies they represent, approved by the President and set forth in the University's Constitution. These organizations shall serve as the primary organizations for consultation at the institutional level. The Board shall consult with these organizations regarding the selection of the University President. (revised: February 1998: Resolution No. 1998.02/42)
The Academic Senate, as established in the University Constitution, shall serve as the primary body for consultation regarding the establishment of academic guidelines and academic procedures of the University. In the event of serious disagreement between the President and a majority of the members comprising the Academic Senate, the Senate, through established Board procedures, shall have an opportunity, through a spokesperson, to explain its views before the Board at the time the President brings the matter to the Board.
The Board expects members of the University community to develop for Board approval a University Constitution which will embody the principles and philosophies on which representative advice concerning the academic activities and programs of the University shall be provided to the decision-making processes of the University and which will be in concert with the goals, objectives and operating processes of the Board of Trustees.
To facilitate communication between the Board and the various campus constituencies, the University shall establish a Campus Communication Committee (CCC) of 8 members; 3 from the Academic Senate, 2 each from the Administrative /Professional Council and Civil Service Council, and 1 representative of the Student Government Association. The Campus Communication Committee shall provide a written report to the President's office two working days prior to the Board meeting for distribution at the Board meeting and shall present the report during the Board meeting in behalf of its constituencies. The Chairperson of the Board or the President of the University may request a meeting with the CCC at any time. The existence of the CCC does not preclude other members of the university community from addressing the Board in accordance with published Board procedures.
The President shall serve as the official medium of communication between the Board of Trustees and the Academic Senate, Administrative/Professional Council, Civil Service Council, Student Government Association, and other representative bodies, officers, individual members of the faculty and staff, and students. In this connection it shall be the President's responsibility to transmit to the Board all formal communications from these bodies and individuals along with the viewpoints of the body submitting a communication, including any minority opinions, and the President's own recommendations for action.
The Board, being composed of lay members, shall exercise the traditional and time-honored role for such boards as their role has evolved in the United States and shall constitute the keystone of the governance structure. In this regard the Board:
- Shall preserve Illinois State University's independence and shall defend its right to manage its own affairs through its chosen administrators and employees
- Shall enhance the public image of Illinois State University
- Shall interpret the community to Illinois State University and interpret the University to the community
- Shall nurture and encourage financial support of Illinois State University to the end that it achieves its full potential within its role and mission and
- Shall insist on clarity of focus and mission of Illinois State University.
1. Equal Opportunity
Equal opportunities shall be provided for all persons throughout the University in recruitment, appointment, promotion, payment, training, and other employment practices without regard to race, color, religion, sex, national origin, sexual orientation, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam era, or other factors prohibited by law.
The President is responsible for the development of an affirmative action program by which full implementation of this policy can be effected in the University.
2. Sexual Harassment
It is the policy of the Board that sexual harassment of students, faculty, and staff is prohibited. Complaints of sexual harassment will be treated and investigated with full regard for the University's due process requirements. Definitions and procedures relative to handling complaints of sexual harassment are provided in the University Sexual Harassment Policy, the Office of Affirmative Action, and the Policies and Procedures Manual.
Definitions and procedures relative to handling requests for public information shall be provided in the University's Operating Procedures for Implementation of Illinois State University Freedom of Information Act Policy
The activities of the Board and those of its employees shall be consistent with the principle that there shall be no conflict between the private interests of a public official or employee and his/her official duties. Each member of the Board and each employee shall conform to the following guidelines:
- Inform himself/herself of conflict of interest perils and remain alert to them in his/her activities;
- Make certain that no outside activities interfere with the discharge of University obligations;
- Freely disclose outside activities to the University regarding situations that could involve, or be construed as, conflicts of interest;
- Consult, in advance and whenever circumstances suggest it, with the appropriate officers of the Board or of the University on outside activities undertaken in the general field of individual competence;
- Have no substantial financial or personal interest in business transactions of the University; and
- Not grant or make available to any person any consideration, treatment, information, or favor beyond that which is general practice to grant or make available to the public at large.
The office of the Board of Trustees of Illinois State University shall be located in Normal, Illinois on the campus of Illinois State University.
Section 1. Regular Meetings
Regular meetings of the Board of Trustees, hereinafter referred to in these Bylaws as the Board, shall convene at least quarterly each year at Normal, Illinois on the Illinois State University campus and at such other place on a date and at a time set by the Chairperson of the Board of Trustees or by a majority of the members of the Executive Committee of the Board of Trustees. All regular sessions shall be open to the public and comply with the Illinois Open Meetings Act.
Section 2. Special Meetings
Special meetings may be held upon call of the Chairperson of the Board of Trustees or by a majority of the members of the Executive Committee of the Board of Trustees or upon request of not less than four members of the Board of Trustees, or by the President of Illinois State University. Notice of any special meetings shall be posted at least 48 hours prior to such meetings. Emergency meetings may be held as provided by state law and as soon as practical following the posting of the meeting.
Section 3. Closed Meetings
The Board may hold meetings closed to the public to discuss matters which are exempted from public discussion under the provisions of the Illinois Open Meetings Act. Closed meetings will be held upon a majority vote of a quorum present, taken at a meeting open to the public for which notice has been given.
Minutes of closed meetings will be kept and will be available for inspection only after the Board determines, by periodic assessment, that confidentiality of such meetings is no longer required.
Executive sessions of the Board will be closed meetings. The President of the University shall attend all executive sessions unless excused. The Board may approve the attendance of additional administrators or others at its discretion.
Section 4. Agenda
It is the responsibility of the President in consultation with the Chairperson to develop the proposed agenda for each Board meeting.
Section 5. Quorum
A quorum for business shall be five (5) voting members of the Board. A quorum of the Board must be physically present at the location of the meeting. If a quorum of the Board is physically present at the location of the meeting, a majority of the Board may allow a member to attend the meeting by other means if the member is prevented from physically attending because of: (i) personal illness or disability; (ii) employment purposes or the business of the public body; or (iii) a family or other emergency. "Other means" is by video or audio conference. (revised January 12, 2013: Resolution No. 2013.01/01)
Section 6. Voting
Each member of the Board, including the Student Trustee, shall cast one vote. All votes of the Board shall be a voice vote, provided, however, any member may request a roll call vote of the membership on any question. A simple majority of the quorum present and voting is required for any action and is sufficient unless otherwise required by law. The minutes shall note those voting in favor, those voting against and those abstaining on any matter except on voice votes. (revised: July 1997: Resolution No. 97.07/33: Change effective 07/24/1998 when House Bill 2364 was signed by Governor.)
Section 7. Communication to the Board of Trustees
Any written material to be distributed to members of the Board at a public meeting shall be submitted to the President two (2) weeks in advance of the regularly scheduled meeting. All University communications shall be transmitted through the Dean or other heads of University units to the President's Office.
Section 8. Resolutions
All resolutions shall be submitted in writing before action is taken by the Board.
Section 9. Board Action
All actions taken by the Board shall be printed in the Proceedings of the Board of Trustees of Illinois State University and the mailing of a copy of the Proceedings of the Board of Trustees of Illinois State University shall constitute due notice of such action. Copies of the Proceedings shall also be filed and be available electronically.
Section 10. Addressing the Board
The Trustees of Illinois State University welcome constructive communications from members of the University community, the citizens of Illinois, and others who share the Trustees goals for the University. Mechanisms for communicating with the Board vary depending on the subject matter and nature of presentation. Faculty and staff are encouraged to provide information relative to the academic mission of the University.
The Board of Trustees requires that persons wishing to comment on agenda action items during a public meeting of the Board, request permission in writing to speak at least seventy-two (72) hours before the meeting. In the event of a special called meeting, the Board requires a written request no less than twenty-four (24) hours before the scheduled special meeting. In the event that a regular or special meeting immediately follows a weekend or holiday, any written request to address the Board must be received by 4:00 p.m. on the last business day preceding the weekend or holiday. Such requests should be submitted to the Assistant to the President, or designee, and should provide the following information: (revised July 1998: Resolution No. 1998.07/11)
- Business or residential address
- Relationship to the University
- Topic upon which the person wishes to address the Board
- Statement of position, relevant facts and any appropriate written material
At the discretion of the Chairperson of the Board, persons wishing to speak on agenda items who have properly completed and submitted the required materials will be heard before a vote is taken on relevant action item. Individual audience presentations on any agenda action item will be limited to five (5) minutes. The total time for audience presentation on any single agenda action item will be limited to fifteen (15) minutes unless an extension of time is approved by the Chairperson of the Board of Trustees. If more than three persons wish to speak on any single agenda action item, the amount of time devoted to audience presentation will be divided equally among all those who wish to speak on the item. When large numbers of persons wish to speak on any single agenda action item, it is recommended they choose one or more persons to speak for them.
Persons wishing to speak on matters not on the agenda must submit the required information in Section 10.1, above, no less than 72 hours before the scheduled meeting time. In addition to the information in Section 10.1 above, those wishing to address the Trustees should submit a text or detailed outline of the issue which will be considered by the Trustees. Individuals who have submitted the required materials and are in the audience may be invited by the Trustees to respond to questions or provide additional information as requested by the Trustees.
revised: 07/28/1998 following the posting of the meeting.
Section 1. Officers of the Board of Trustees
Officers of the Board shall be the elected Chairperson and Secretary, the appointed Treasurer and such additional officers as the Board may elect to establish.
At the first regular meeting of the University's fiscal year unless the Board elects to delay, but no more than three (3) months after the start of the fiscal year, the Board shall elect a Chairperson and Secretary from among its voting members, and shall appoint a Treasurer from the University staff. Each of these officers shall hold office for one year or until a successor is duly selected. Vacancies may be filled by the Board at any regular or special meeting and a person or persons selected shall serve for the remaining portion of the unexpired terms. (revised: October 2000: Resolution No. 2000.10/23)
Any officer may be removed with or without cause by a vote of the majority of the Board of Trustees.
Section 2. Chairperson of the Board of Trustees
The Chairperson of the Board shall preside at all meetings of the Board and in the Chairperson's absence or in the absence of the Secretary, the Chairperson may appoint or designate a member of the Board to preside. The Chairperson, or the presiding member in the absence of the Chairperson, shall conduct all business according to parliamentary rules in Robert's Rules of Order Newly Revised (or the latest revision or amendment thereto), unless modified by standing or special rules of the Board. The Chairperson shall serve as Chairperson of the Executive Committee, but may designate the Secretary or in the Secretary's absence any member of the Board as such. The Chairperson shall appoint all regular and special committees of the Board. No committee shall have fewer than three Board members, and the Chairperson of the Board may appoint additional members. The Chairperson shall appoint a Chairperson for each committee, and may appoint a Vice Chairperson. The Chairperson shall have the right to vote upon all questions, motions or recommendations submitted to the Board.
The Chairperson of the Board of Trustees or designee shall sign all contracts and other instruments requiring execution on the part of the Board and shall discharge any other duties usually devolving upon a presiding officer, unless it is otherwise ordered.
Section 3. Secretary of the Board of Trustees
The Secretary of the Board shall perform all duties and have all the prerogatives set forth in Section 2 of Chapter III devolving upon the Chairperson in the Chairperson's absence, incapacity or retirement from the Board until the Chairperson resumes office or a successor has been duly elected as provided in Section 1b above. The Secretary of the Board or designee shall be custodian of the University seal and shall sign and attest with said seal all certifications of the acts of the Board and all documents, certificates, deeds, contracts and other like instruments authorized by the Board
Section 4. Treasurer of the Board of Trustees
The Board will select from the University's staff an employee to serve as Treasurer but not as a member. The Treasurer shall serve in an ex-officio capacity and shall receive and disburse all monies and report to the Board of Trustees on the financial status and fiscal affairs of the University. The Treasurer or designee shall periodically furnish to the Board, but at least annually, an accounting for all monies received and dispersed during the preceding fiscal year.
Section 5. Delegation of Signature Authority
The President and the Treasurer are authorized to sign documents on behalf of the Chairperson and the Secretary, provided no one official may sign both names to the same document. Change effective 07/24/1998 when House Bill 2364 was signed by Governor.)
Section 1. President of the University
The President of the University shall report directly to the Board of Trustees. The President of Illinois State University shall be the Chief Executive Officer of the University. The President's duties are those prescribed by the Board. The President shall be appointed by the Board of Trustees and shall hold office subject to the pleasure of the Board. The President will serve as ex-officio non-voting member of the Board and its Executive Committee.
Section 2. Director of Internal Audit
The Director of Internal Audit shall report directly to the President with access to the Board. The duties of the Director of Internal Audit are prescribed by the Illinois State University Internal Auditing Charter.
Section 1. Executive Committee
The Executive Committee shall consist of the Chairperson and Secretary of the Board, and at least one other member selected by the Chairperson of the Board. The Chairperson of the Board shall serve as Chairperson of the Executive Committee except as provided in Chapter III.
The Executive Committee shall make recommendations on all such matters not specifically assigned to another committee. By an affirmative vote of a majority of the members of the Board at any regular or special meeting, the Executive Committee may be authorized to act finally for the Board on any matter submitted to it, provided a quorum of the members of the Executive Committee present and voting. For sufficient cause, when the Board is not in session, the Executive Committee shall act for the Board. Final action taken by the Executive Committee shall be reported to the Board at its next regular or special meeting. (revised: May 1996: Resolution No. 96.05/31)
Section 2. Audit Committee
The Audit Committee shall provide general oversight of external and internal auditing functions of the University, including review and approval of annual audit plans and staffing of audits, quarterly internal audit summaries, and University Audit Department follow-up. The committee shall also review the nature of any significant accounting and/or auditing problems, and make recommendations for changes to improve any practice or function under the committee's purview.
Section 3. Special Committees
Special committees may be appointed by the Chairperson of the Board and shall report to the Board with recommendations the committee or committees may wish to make on the subject involved. By an affirmative vote of a majority of the members of the Board, at any regular or special meeting, a special committee may be authorized to act for the Board. When so authorized, the action taken by the committee on behalf of the Board shall be by unanimous agreement of the committee members present and voting.
Special committees shall be considered discharged when the committee's work has been reported to and acted upon by the Board, and in any case all committee assignments terminate at the time of the organizational meeting of the Board held each year as provided in Chapter III, Section 1b.
Section 4. Selection of Committee Members
The Chairperson shall appoint members of all committees for one year terms which run concurrently with the Chairperson's. The President of the University and all members of the Board of Trustees shall serve as ex-officio non-voting members of all committees.
Section 1. Compensation
Except as provided by law, no Trustee or officer of the University as such shall transact any business or professional activity by reason of which the Trustee or officer shall receive any pecuniary award or compensation from the University or the Illinois State University Foundation funds except Board-approved compensation for the officers. All permitted transactions must be approved in advance by the Board directly or through a designated officer
Section 2. Trustee and Presidential Conflict of Interest
Trustees and the President of Illinois State University shall at all times act in a manner consistent with their fiduciary responsibilities to the University and shall exercise particular care that no detriment to the University results from conflicts between their interests and those of the University. If a Trustee or President believes that he/she may have a conflict of interest, the Trustee or President shall promptly and fully disclose the conflict to the Assistant to the President and shall refrain from participating in any way in the matter to which the conflict relates until the conflict question has been resolved. The minutes of the Board meeting where a disclosure of conflict or possible conflict of interest is made shall reflect the disclosure and that the Trustee or President having such, abstained from participation in the matter.
The Trustee or President is considered to have a conflict of interest when any of his/her family or associates, either (i) has an existing or potential financial or other interest which impairs or might appear to impair the Trustee's or President's independence of judgment in the discharge of responsibilities to the University, or (ii) may receive a material, financial, or other benefit from knowledge of information confidential to the University. The "family" of a Trustee or President includes his/her spouse, parents, siblings, children, and if living in the same household and sharing expenses, other individuals. An "associate" of a Trustee or President includes any person, trust, organization, or enterprise in or with which the Trustee or President has knowledge that he/she or any member of his/her family (i) is a director, officer, employee, member, partner, or trustee; or (ii) has a financial interest that represents 5% or more of his/her assets or any interest that enables him/her acting alone or in conjunction with others, to exercise control or to influence policy significantly, or (iii) has any other material association.
The Assistant to the President shall consult with the Chairperson of the Board and Board Legal Counsel regarding all conflict questions of which he/she is informed and shall report regularly to the Board of Trustees regarding any unresolved conflict questions. This policy statement is to be interpreted and applied in a manner that will best serve the interest of the University. In some cases, it may be determined that, after full disclosure to those concerned, the University's interests are best served by participation by the Trustee or President despite the conflict. The Board Legal Counsel will provide a Trustee or President, upon his/her request, a written opinion as to whether a conflict of interest situation exists
This policy incorporates by reference any obligations imposed on a Trustee, President or other university employee by state law to comply with state disclosure of outside income.
Notwithstanding anything to the contrary set forth in state law, it shall be a conflict of interest for a Trustee in any capacity to be employed by or associated with a professional service firm which directly or indirectly provides services to the University. In the event that a firm is providing services to the University prior to one of its employees becoming a Trustee, it may complete all work in progress for the University but may not be engaged for any additional work until the Trustee is no longer employed by or associated with the professional service firm.
The Assistant to the President shall distribute annually a copy of the Board of Trustees Conflict of Interest statement to each Trustee and the President.
The Bylaws shall be added to or amended only by a vote of at least a majority of the members of the Board at a regular meeting or a special meeting duly called for that purpose. Any proposed addition or amendment shall be filed with the Assistant to the President in writing 15 days before such meeting, and it shall be the duty of the Assistant to the President forthwith to mail a copy thereof to every member of the Board.
Adopted by the Board of Trustees of Illinois State University by Resolution No. 96.01/01, January 3, 1996.
The University shall develop an annual university calendar which shall become effective when approved by the President. Copies shall be shared with the Board.
1. Honorary Degrees
- Authorization: Honorary degrees may be awarded by Illinois State University in recognition of persons who have achieved a record of major distinction at the state or national level in education, public service, literature, business, or the professions. The degrees that may be awarded are the Doctor of Law (LLD), Doctor of Science (Sc.D.), Doctor of Literature (Litt.D.), and Doctor of Humane Letters (L.H.D.). Honorary degrees may be granted only on the recommendation of the President, who shall seek the advice of the elected campus organizations concerning the possible candidates.
- Restriction: Members and employees of the Board of Trustees of Illinois State University and members and employees of the Board of Higher Education are ineligible during the term of their office or employment.
2. Conferring of Degrees
Earned and honorary degrees shall be conferred by the President upon the recommendation of the faculty and under authority of the Board of Trustees. Although degrees normally are conferred at the scheduled commencement exercises, students, at the discretion of the President, may receive their degrees and diplomas prior to the date of commencement
The approval of the Board of Trustees is required prior to the establishment of any new unit of instruction which is submitted to the Illinois Board of Higher Education for approval. These items include new degree programs, certificate of advanced study, professional development sequences, centers, institutes, departments, schools, divisions, campuses, off-campus programs, and international programs.
Program deletions, consolidations, title changes, structural modification of research or public service units, and other such administrative changes which do not require Board of Trustee approval should be provided as information items to the Board in an annual report of units of instruction, research and public services that are added or deleted.
The Board of Trustees reserves to itself the final adoption of the basic long-range objectives of the University. To provide the Board with the appropriate planning information, the Administration will submit annually a five-year planning document which includes specific and detailed statements on the role of the University, its long-range mission and the time period in which major changes are to be achieved. The detailed set of objectives for the University is complemented by statements of objectives for each of the colleges, library, and other operating units. Specific goals that are to be achieved within the stated time period normally will be included in this plan.
Each academic degree program and each research or public service unit is required to undergo periodic review, a schedule for which will be promulgated by the Illinois Board of Higher Education. The results of each review will be summarized and reported to the Board of Trustees as an information item, prior to submission to the Illinois Board of Higher Education.
For the purposes of this section the phrase grants and contracts shall be interpreted to include instructional, research, public service, and other academic-related activities but not student assistance, university business and capital operations, or private support from individuals and corporations generated through the Illinois State University Foundation.
The University shall establish and maintain comprehensive policies on and detailed procedures for the review and administration of grants and contracts. These procedures and policies shall ensure that the grant and contract activities engaged in are consistent with the University's academic mission, instructional commitments, and financial capabilities, and are in compliance with all applicable legal and ethical requirements.
Grants and contracts shall be accepted for the Board by the President. If there are conditions in the grant or contract which would otherwise require Board approval, the President shall submit the grant or contract to the Board for its approval.
Reports shall be made by the President to the Board concerning the receipt of grants and contracts according to the schedule established under the Board Master Calendar.
1. Delegation of Authority to Employ Personnel
- The Board, through its documents, delegates authority for personnel actions to the President. The President is encouraged to consult the Board before making decisions on highly sensitive matters.
- University policies and procedures governing the terms, conditions of appointment, evaluation, promotion, tenure, termination, compensation and other benefits shall be developed by the President in a manner consistent with state and federal legal requirements and with the Board of Trustees Governing Document. These University policies and procedures shall be published in employee handbooks, copies of which shall be given to Board members and affected employees and updated on a regular basis.
- Tenure is granted by the University under the authority granted to the President by the Board of Trustees. Tenure appointments shall be held only in academic departments or similar academic units. All changes in the locus of tenure assignment require specific approval of the President.
- The Board reserves to itself the right to take whatever actions it deems necessary or advisable to defend and protect itself, the University, or its members, officers, agents or employees against claims of any sort which might result in liability for the Board or the University as a result of any personnel decision or action taken by one of its agents on its behalf.
2. Collective Bargaining
The Board of Trustees is the employer as defined in the Illinois Educational Labor Relations Act of all employees of Illinois State University. The Board delegates to the President the authority to negotiate with recognized employee organizations and to execute collective bargaining agreements on behalf of the Board.
All notifications and correspondence required by the Illinois Educational Labor Relations Act shall be directed to the President's Office of Illinois State University.
3. Use of Facilities by Employee Organizations
Employee organizations as defined by the Illinois Educational Labor Relations Act shall have access to campus facilities subject to such reasonable limitations necessary for orderly operation as established by the University. Employee organizations may use the campus mail service for the distribution of literature pursuant to University policy and procedures subject to the first priority of U.S. mail and official University mail. Employee organizations may contact employees on campus at times when employees are not working but shall respect the request of any employee who does not desire to participate in or be exposed to such contact.
4. Work Stoppages
In the event of a strike or work stoppage on the part of any employee of Illinois State University, the officers of the Board of Trustees are authorized to commence legal proceedings as may be appropriate. Prior to such action, the Board shall determine and declare that the strike or work stoppage is unlawful or is a clear and present danger to the health or safety of the public.
5. Tax Deferred Compensation
In accordance with the applicable provisions of the United States Internal Revenue Code, and "An Act in relation to payments to custodial accounts for the benefit of employees of public institutions of higher education," PA 83-261, and "An Act in Relation to State Finance," approved June 10, 1919, as amended, the Board of Trustees shall provide a tax-deferred compensation plan for the employees of the University. This plan shall be administered by the President of Illinois State University who shall have the authority to take such actions not inconsistent herewith, whereby the employees of the Board of Trustees of Illinois State University may enter into agreements with the employer to elect to receive, in lieu of salary or wages, benefits which are tax-deferred under the federal Internal Revenue Code.
6. Equal Opportunity and Affirmative Action
It shall be the policy of the Board of Trustees of Illinois State University that equal opportunity shall be offered in the appointment of all employees in compliance with applicable State and Federal equal employment opportunities laws, University policies and with the intent to encourage diversity. The University shall use recruitment practices aimed toward identifying, securing and maintaining equitable representation and toward seeking full utilization of minorities and women in all organizational units and job classifications. The University shall also establish affirmative action policies and procedures which shall provide for the fair, impartial and equal treatment of applicants for employment and promotion and which shall assure that the University recruits from the largest potential pool of qualified applicants.
7. Family Relationships
Employees are selected for employment and promotion without regard to relationship by blood or marriage in accordance with appropriate qualifications for the performance of specified duties. However, no individual shall initiate or participate in personnel decisions involving initial employment, retention, promotion, salary, leave of absence or other direct benefit to an individual employee who is a member of the same immediate family. Immediate family include an employee's spouse, parents, brothers, sisters and children.
8. Staff Reductions
Reduction in or Elimination of a Department or Similar Academic Unit
Upon the reduction or elimination of a department or similar academic unit and in a condition other than a financial exigency, the University shall give notice to faculty members who are to be displaced. In the case of a tenured faculty member, the University shall give notice at least 12 months before the end of the academic year in which the individual is to be terminated and shall seek to find an assignment for which the individual is, or may become, professionally qualified. In the case of untenured faculty, the University shall be responsible only for providing notice as soon as reasonably possible after the decision has been made to reduce or eliminate the department or similar academic unit.
For the purpose of this policy, financial exigency shall be defined as follows:
A financial exigency is a condition affecting the whole university. It will be considered to exist when (1) the State operating appropriation for Illinois State University adjusted for any mandated salary increments and for the impact of inflation on non-personal service costs and excluding retirement, is expected to be less than that of the previous year or when the funds made available to operate the University are reduced in the course of a fiscal year below the level of the appropriation authorized by the Governor and General Assembly, and (2) when either type of reduction if evaluated in relation to the major program and service commitments of the University can be expected to require a reduction in the number of authorized faculty positions and the emergency layoff of tenure-track or tenured faculty.
- a. Identification of a Financial Exigency--Advisory Financial Exigency Committee: When the President believes that a financial exigency is imminent, the President shall inform the University community and provide an explanation to the elected campus organizations or other appropriate bodies. The President shall also designate, if this has not been done previously, and begin consultation with an advisory financial exigency committee representing administrators and faculty holding academic rank, administrative/professional personnel who do not possess academic rank, civil service personnel and students. If feasible, the existing committee structure of the University shall be utilized to serve this purpose. After receiving the advice of the committee and whomever else the President deems it necessary and desirable to consult, if the President remains convinced that financial exigency is imminent, the President shall present the matter to the Board.
- b. Board Declaration: The Board shall take up the issue of financial exigency when requested to do so by the President. It shall review all written documentation and information presented by the University and any other concerned groups or individuals. The issue shall be reviewed in open session at the earliest Board meeting possible (if necessary, one called specially for this purpose). The meeting shall be open to presentations by concerned parties from the University community. The issue shall be put to vote through a formal motion to declare a state of financial exigency at the University.
- c. Implementation: After the Board has declared a state of financial exigency, the President shall take action to allocate necessary funding reductions among the various departments and cost centers. The President shall have the authority and responsibility to make the necessary decisions on allocating budget reductions within the University.
The statutes, rules and regulations of the State Universities Retirement System will provide the basis for all employee retirements, unless modified for University employees by the Board. Exceptions may be granted by the President after initial discussion with the Board in executive session.
10. Intellectual Property Rights
The Board of Trustees in order to facilitate the useful application of knowledge, research and other creative activity, encourages and supports efforts of employees and students to develop products, inventions, and other forms of intellectual property. It is also recognized that the Board, through the University, has certain rights and interests under federal and state law with regard to intellectual property developed by employees and students. Such intellectual property includes inventions, products, computer software, literary and artistic works. The Board directs that the President develop policies and procedures to appropriately assess these rights and provide supportive services. The university policies and procedures shall be effective upon approval by the President
11. Educational Benefits
The President or a designated representative may grant tuition and fee waivers to or for the benefit of university faculty, administrative/professional, civil service employees and retirees.
For purposes of these documents, faculty and administrative/professional employees include all faculty of Illinois State University and those administrative and/or professional personnel of the University who are not civil service employees.
2. Outside Employment
It is the expectation of the Board that all full-time faculty and administrative/professional employees will devote their professional time to their employment with the University. The President or his/her designee shall approve any employment involving research or consulting for any non-governmental entity.
3. Financial Exigency
Administrative/Professional employees shall be covered by the provisions dealing with financial exigency in preceding Section II.A.8.2.
- The President shall be furnished a residence in which the President is required to live. The President's home is to serve as a university setting conducive to cultural, social and educational interchanges important to students, faculty, University-related organizations and dignitaries associated with the University community. It serves as a resource for fulfilling official, ceremonial and social functions of the President.
- The maintenance and upkeep of the President's residence and grounds, including housekeeping services for the public areas, shall be borne by the University.
- The University may furnish the public areas in the residence
- The President shall be furnished with an automobile which shall be for personal use and official business.
5. Board Review and Evaluation of the President
It is the policy of the Board of Trustees to review and evaluate the performance of the President on a regular basis. This review and evaluation process provides (a) a means by which the incumbent may review his/her own performance with Board members, (2) a procedure to establish new short- and long-term goals for the ensuing year, and (3) an opportunity to receive comments and ideas from Board members and others as to possible ways in which the management and planning functions of the University might be improved.
- The Annual Review and Evaluation
- The annual review and evaluation of the performance of the President shall be conducted by the Board at such time as the Board Chairperson designates. The annual review and evaluation shall be presented and discussed in a closed meeting of the Board as allowed by law.
- In order to aid in the annual review and evaluation by the Board, annual goals statements shall be submitted to members of the Board by the President prior to annual review and evaluation. Any additional material such as the annual reports or other documents may be submitted at the discretion of the incumbent. The annual goals statements, related materials and appropriate position descriptions will serve as the major basis for the annual Board review and evaluation of the President.
- Summative Review and Evaluation
- A summative review and in-depth evaluation of the performance of the President shall be conducted periodically by the Board. The Board should use a variety of evaluative criteria and information from sources which include all major constituencies of the University.
1. Authority to Employ
The Board of Trustees of Illinois State University is designated by statute as the employing authority for all State University Civil Service System of Illinois (SUCSS) employees. The Board authorizes the President to appoint civil service personnel to authorized positions.
2. General Conditions of Employment
All civil service employees of Illinois State University are employed in accordance with the provisions of the State Universities Civil Service Act (110 ILCS 70), as amended, and the rules of the University Civil Service Merit Board, and are entitled to all the rights and subject to all the requirements contained therein.
1. Graduate Assistants
The University shall be empowered within the limitations of the available resources to appoint the number of graduate assistants required to accomplish its prescribed mission. Graduate assistants may be granted a tuition waiver during their period of appointment and for the preceding or following summer session.
2. Student Hourly Workers
The University may employ student hourly help in accord with the needs of various departments, available authorized funds, and the provisions of the State Universities Civil Service System (SUCSS). Student employees must be enrolled or accepted for admission by the University.
3. Conditions of Employment
The University shall make and publish additional rules and/or procedures appropriate to carrying out the purposes and intent of the Board Policies pertaining to graduate assistant appointments or student employment.
For the purposes of the Board's Policies, student financial aid includes scholarships, grants, loans, and employment opportunities which are provided for students primarily to assist them in meeting the expense of University attendance. Student financial aid does not include forms of assistance such as waivers of tuition which are granted to Illinois State University employees as a fringe benefit to their employment or employment opportunities which are provided for students primarily to supplement their class work and study.
2. General Statement
Illinois State University shares with federal and state governments the responsibility for providing residents of Illinois with equal opportunity to attend the University. Further, the University recognizes the need to attract students who do not demonstrate financial need but do possess particular qualifications which make their presence beneficial to the educational process. The University shall administer the student financial aid provided by authority of the Board of Trustees of Illinois State University, coordinate the student financial aid provided for Illinois State University students and sponsored by agencies or parties external to the University, and make and promulgate such additional rules and/or procedures as are necessary and appropriate.
3. University Tuition Waivers
The President or a designated representative may grant undergraduate tuition waivers up to the amount established by statute, and graduate tuition waivers consistent with program needs and available resources. Award criteria for the granting of these waivers may include demonstrated scholarship, talent in University-related activities, classification as a foreign student, or financial need as determined by the University.
4. Special Program Tuition Waivers
The President or a designated representative may grant tuition waivers to students who participate in National Science Foundation Institutes or other special programs when such a waiver is required for participation in the specific program.
1. Recruitment and Retention
The University shall use procedures and practices consistent with state and federal law aimed toward attracting and retaining equitable representation of a diverse student body including persons from socially and economically disadvantaged background.
2. Academic Programs
The educational programs and materials of the University shall reflect the historical and contemporary roles and contributions of all diverse and underrepresented groups.
The University shall provide services which reflect a recognition of diverse cultural background, past educational imbalances, and the need for new opportunities both for the disadvantaged and non-disadvantaged student.
The Board of Trustees is the contracting entity for all contracts involving Illinois State University. All contracts shall bear the names of the Board and the University. The financial resources of the Board of Trustees are defined to include all funds appropriated to, or lawfully received by or belonging to, the Board or the University, including those items of income received by the University and retained in its treasury in accordance with the provisions of the relevant section of the Board's enabling statutes and of "An Act in Relation to State Finance," approved June 10, 1919, as amended.
1. Records and Audits
The University shall prepare and maintain such financial records and reports in accordance with generally accepted principles and standards of accounting and financial reporting for colleges and universities as are necessary for sound financial management and adequate disclosure. Each year the University shall file with the Board of Trustees a copy of the annual financial report.
A copy of the audit by the Auditor General shall be filed with the Board of Trustees and shall be acknowledged by the Board as the official audit of such funds
2. Insurance Protection
The Board of Trustees shall obtain and carry a blanket crime policy which extends protection to the financial assets of the University and the Board.
3. Payment of Wages and Benefits
Employees receiving payment of wages and benefits from non-appropriated funds, including but not limited to revenue bond operations, shall be treated on an equal basis with employees receiving payment of wages and benefits from appropriated funds.
4. Bond Resolutions
In the event of a conflict between the provisions of the Board of Trustees Governing Document and the requirements of specific bond resolutions adopted by the Board of Trustees, the latter shall govern.
The Board shall approve the naming of all facilities of the University. The University shall develop rules to be used in recommending names to the Board.
The Board of Trustees shall provide legal representation and indemnification in accordance with state statutes for a claim or action instituted against a Trustee, a former Trustee, or estate of such person which is based upon damage or injury allegedly arising from an act or omission occurring within the scope of duties on behalf of the Board of Trustees. Upon timely request of the person or the person's estate, and in the absence of representation by the Attorney General of the State of Illinois, the Board shall determine the appropriateness of providing counsel for the defense of the claim or action and indemnification for actual costs incurred as a result of such claim or action. The Board of Trustees shall provide such defense and indemnification upon a determination that the individual has acted in good faith, without malice, and within the apparent scope of his/her authority. The Board of Trustees shall not provide indemnification for a claim or action which is the result of intentional or willful and wanton misconduct. Legal representation and indemnification is subject to the Representation and Indemnification of State Employees Act.
Students participating in University authorized internships, professional practice programs, and similar work/learning opportunities shall be afforded indemnification protection consistent with this Section and other applicable State law.
The Board of Trustees of Illinois State University sets broad goals for the institution and adopts policies designed to guide the administration in achieving those goals. Implementation of the Board's Policies is delegated to the President who, in turn, charges the various administrative offices with developing specific procedures and practices. Setting the University's strategic direction through policies for student pricing is among the most important roles of the Illinois State University Board of Trustees. Adopted guidelines:
- The graduate tuition rate should reflect more appropriately the higher cost of graduate instruction.
- Differential tuition should be charged only under the following conditions: to comply with the "truth-in-tuition" statute, to differentiate state residency status, and to differentiate undergraduate from graduate instruction.
- Illinois State University's tuition should be comparable and competitive with tuition charges at competitor Illinois public universities.
- Illinois State University should continue to devote a portion of new tuition and fee revenue to assist University students who are eligible for maximum Monetary Award Program grants from the Illinois Student Assistance Commission, but whose grants fall short of the University's tuition and fee charges.
- Illinois State University should review routinely and assess the amount, use and allocation process of tuition waivers.
- The revenue derived from student charges should be allocated only by the University's annual budget process to address the highest current priorities.
- Until the University is again able to address operational cost increases on a campus-wide basis, student fee increases should be limited to that necessary to support salary increases for employees in fee-supported areas.
- Room and board rates should increase to the upper quartile among Illinois residential public universities and an adequate proportion of those revenues allocated to the repair and renovation fund in order to support the current long-range housing and dining plan.
- Illinois State University should incorporate the demand for renovated spaces as part of its room and board pricing process.