001. Statement on Policies

 

Policy 001 Approved: March 2, 2020
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Statement on Policies #001
Source of Authority: N.C.G.S. Chapter 116;
UNC Code
Revision Authority: Board of Trustees
History:

First Issued: February 17, 2011

Revised:  March 2, 2020

Related Policies: N.C.G.S. Chapter 116;
UNC Code;
UNC Policy Manual;
UNC Code § 403;
UNC Code Appendix I
Responsible Offices: Chancellor
Effective Date: March 2, 2020

I.  Purpose

The purpose of this Policy is to establish and delineate the different Policies, Regulations, Procedures, and Rules which govern the operations of UNCSA. This Policy marks a change in nomenclature, and the delineation of the specific authority for the creation of Policies, Regulations, Procedures, and Rules. 

 II.  Scope

This Policy applies to all Policies, Regulations, Procedures, and Rules enacted by the Board of Trustees, Chancellor, or any school, division, or department at UNCSA.

 III.  Definitions and Hierarchy

a. Policies are principles, requirements, and directives that are created or modified by the Board of Trustees, through delegated authority from the UNC Board of Governors or the North Carolina General Assembly.  POL

b. Regulations are principles, requirements, and directives that are created or modified by the Chancellor, through delegated authority from the UNC Board of Governors or the UNCSA Board of Trustees.  REG

c. Procedures are technical and practical applications for the exercise of Policies and Regulations.  PRO

d. Rules are principles, requirements, and directives that are specific to one of the Art Schools, the Division of Liberal Arts, the High School, or created by a division or department head, created with approval from the Dean, Provost, or relevant Vice Chancellor, and applicable only to the school, division, or department.  Rules may have their own procedures.  Rules are subject to ultimate approval by the Chancellor.  RUL

IV.  Establishment and Revisions

a. The establishment and revision of Policies, Regulations, Procedures, and Rules must follow the authority in Section III.

b. If a conflict arises between Policies, Regulations, Procedures, and Rules, the hierarchy established in section III shall control.

c. The Board of Trustees delegates authority to the Chancellor to make substantive changes to the UNCSA Policy Manual when the Board of Governors, General Assembly, or other controlling legal mandate requires a substantive change.

d. The Board of Trustees delegates authority to the Chancellor to make non-substantive technical changes to the Policy Manual when necessary.

 V.  Delegations of Authority

a. The State of North Carolina and the UNC Board of Governors have delegated specific Policy-making authority to the UNCSA Board of Trustees, in NCGS 116, and Appendix I and Section 403 of the UNC Board of Governors Code.

b. The State of North Carolina and the UNC Board of Governors have delegated specific responsibilities to the Chancellor, including the responsibility for promoting the educational excellence and general development and welfare of the institution; defining the scope of authority of faculties, councils, committees, and officers of the institution; and, authorizing and approving all projects, programs, and institutional reports undertaken on behalf of the institution.

i.  In order to fulfill these responsibilities, the Board of Trustees delegates to the Chancellor the authority to approve Regulations in any area not specifically delegated to the Board of Trustees, unless prohibited or superseded by Federal or State law, or Board of Governors Policy.

ii. Regulations approved under the authority of the Chancellor may be implemented without approval from the Board of Trustees.

iii. The Chancellor shall provide the Board of Trustees a summary of each Regulation approved annually.

iv. Schools, divisions, and departments, may develop internal Rules, under delegated authority from the Chancellor, applicable exclusively within the particular school, division, or department.

v. Internal Rules and Rule Procedures may not conflict with or supersede applicable Federal and State laws, Policies of the Board of Governors, the Board of Governors Code, or UNCSA Policies, Regulations, and Procedures established by the Board of Trustees or the Chancellor.

vi. The Dean or relevant Vice Chancellor may approve Rules and Rule Procedures and all subsequent modifications, subject to approval by the Chancellor.

VI.  Procedures

a.  Authority of the Chancellor to Approve Procedures

i.  Under N.C.G.S. 116-34(a) and UNC Code §502(B), the Chancellor is named administrative and executive head of UNCSA and is granted the authority to establish institutional Procedures.

ii.  Unless otherwise reserved to or expressly delegated to the Board of Trustees, the Chancellor shall have the authority to approve Procedures relevant to Policies passed by the Board of Trustees or permitted by the Board of Governors Code, Board of Governors or Board of Trustees Policy, Regulations, or State or Federal law.

b.  Procedure Development

i.  The Chancellor or designee shall identify appropriate personnel to develop necessary Procedures to implement all Policies and Regulations.

ii.  The appropriate personnel will identify and involve staff with relevant experience, expertise, and knowledge to assist in Procedure development.