Board of Trustees

Institutions of Higher Learning

State of Mississippi

 

POLICIES AND BYLAWS

(Amended Through July 16, 1998)

TABLE OF CONTENTS

SECTION 100 - AUTHORIZATION §100 - 1

101 ESTABLISHMENT OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING §100 - 1

101.01 CONSTITUTIONAL §100 - 1

101.02 NAME §100 - 1

101.03 SEAL §100 - 1

SECTION 200 - GENERAL POWERS AND DUTIES §200 - 1

201 CONSTITUTIONAL ORGANIZATION §200 - 1

201.01 MEMBERS AND QUALIFICATION §200 - 1

201.0101 APPOINTMENTS §200 - 1

201.0102 TENURE TERMS §200 - 1

201.0103 VACANCIES §200 - 3

201.02 PRESIDENT OF THE BOARD §200 - 3

201.03 STAFF OF THE BOARD §200 - 3

201.0301 DUTIES OF THE COMMISSIONER §200 - 4

201.0302 OTHER BOARD PERSONNEL §200 - 4

201.04 MEETINGS OF THE BOARD §200 - 5

201.0401 MINUTES §200 - 5

201.0402 PROCEDURES FOR CHANGING BOARD POLICIES AND ADOPTING NEW POLICIES §200 - 6

201.0403 PROCEDURES FOR ALTERING, AMENDING OR REPEALING BOARD BYLAWS OR ADOPTING NEW BYLAWS §200 - 6

201.05 COMPENSATION OF MEMBERS AND STAFF §200 - 7

201.0501 BOARD MEMBERS COMPENSATION AND PER DIEM §200 - 7

201.0502 PERSONNEL SALARIES §200 - 7

201.0503 TRAVELING EXPENSES §200 - 7

201.06 GENERAL POWERS AND DUTIES §200 - 7

201.0601 ROLE AND SCOPE OF THE INSTITUTIONS §200 - 7

201.0602 MANAGEMENT §200 - 8

201.0603 BYLAWS §200 - 9

201.0604 SUPERVISION §200 - 9

201.0605 INSTITUTIONAL OFFICERS §200 - 9

201.0606 GENERAL FINANCIAL POLICY §200 - 10

201.0607 FINANCIAL REPORTS §200 - 11

201.0608 POLITICAL ACTIVITY §200 - 13

201.0609 DEGREE GRANTING BRANCHES §200 - 13

SECTION 300 - BYLAWS §300 - 1

301 ORGANIZATION OF THE BOARD §300 - 1

301.01 OFFICERS OF THE BOARD §300 - 1

301.02 ELECTION OF OFFICERS §300 - 2

301.03 BOARD COMMITTEES §300 - 2

301.04 BOARD REGULATIONS §300 - 3

301.05 BOARD MEETINGS AND AGENDA §300 - 4

301.0501 REGULAR MEETINGS §300 - 4

301.0502 SPECIAL MEETINGS §300 - 4

301.0503 CALL TO MEETINGS §300 - 4

301.0504 DATE OF MEETINGS §300 - 5

301.0505 OPEN MEETINGS REQUIREMENTS §300 - 5

301.0506 MEETING AGENDA §300 - 5

301.0507 BOARD RECESSES §300 - 6

301.0508 PLACE OF MEETINGS §300 - 6

301.0509 MINUTES OF MEETINGS §300 - 6

301.0510 ABBREVIATED MINUTES §300 - 6

301.0511 QUORUM FOR TRANSACTION OF BUSINESS §300 - 7

301.0512 MEETING RULES OF ORDER §300 - 7

301.0513 PRESIDENT'S VOTE §300 - 7

301.0514 TIE VOTES §300 - 7

301.0515 PERMISSION REQUIRED TO LEAVE MEETINGS §300 - 8

301.0516 APPEARANCES BEFORE THE BOARD §300 - 8

301.06 COMPENSATION OF BOARD MEMBERS AND STAFF §300 - 8

301.0601 BOARD MEMBERS' PER DIEM COMPENSATION §300 - 8

301.0602 PERSONNEL SALARIES §300 - 9

301.0603 TRAVELING EXPENSES §300 - 10

301.07 STAFF OF THE BOARD §300 - 10

301.0701 THE COMMISSIONER §300 - 10

301.0702 DUTIES OF THE COMMISSIONER §300 - 10

301.0703 DELEGATION OF AUTHORITY §300 - 11

301.08 INSTITUTIONAL EXECUTIVE OFFICERS §300 - 12

301.0801 DUTIES OF THE INSTITUTIONAL EXECUTIVE OFFICERS §300 - 12

301.0802 INSTITUTIONAL ORGANIZATIONAL CHARTS §300 - 13

301.0803 RECORDS §300 - 14

 

301.0804 COUNCIL OF THE INSTITUTIONAL EXECUTIVE OFFICERS/ PRESIDENTS/CHANCELLOR §300 - 15

301.0805 FOUNDATION ACTIVITIES §300 - 15

SECTION 400 - FACULTY AND STAFF §400 - 1

401 TENURED AND NON-TENURED EMPLOYEES OF INSTITUTIONS OF HIGHER LEARNING IN MISSISSIPPI §400 - 1

401.01 AUTHORIZATION FOR EMPLOYMENT §400 - 1

401.0101 STATUTE APPLICABLE §400 - 1

401.0102 DELEGATION OF AUTHORITY §400 - 2

401.0103 SALARIES AND COMPENSATION §400 - 3

402 ORGANIZATIONAL STRUCTURE §400 - 3

402.01 FACULTY DEFINED §400 - 3

402.02 STANDARDS FOR FACULTY RANKING §400 - 4

402.03 PROMOTIONS IN RANK §400 - 5

403 TENURE TRACK FACULTY §400 - 6

403.01 TENURE DEFINED §400 - 6

403.0101 MINIMUM STANDARDS FOR TENURED EMPLOYMENT §400 - 6

403.0102 NOTICE OF NON-RENEWAL OF TENURE TRACK FACULTY §400 - 7

403.0103 TENURED FACULTY DISMISSAL §400 - 8

403.0104 APPEALS §400 - 10

403.02 OTHER FACULTY GRIEVANCES AND APPEALS §400 - 11

403.0201 GRIEVANCE DEFINED §400 - 11

403.0202 APPEALS TO THE BOARD CONCERNING GRIEVANCES §400 - 11

403.03 PROGRAM MODIFICATION §400 - 12

403.04 TENURE OF INSTITUTIONAL EXECUTIVE OFFICERS §400 - 12

404 NON-TENURE TRACK FACULTY §400 - 12

404.01 NON-TENURE TRACK DEFINED §400 - 12

404.02 NOTICE OF NON-RENEWAL OR TERMINATION OF NON-TENURE TRACK PERSONNEL §400 - 13

405 GRIEVANCE PROCEDURE FOR NON-FACULTY POSITIONS §400 - 14

405.01 GRIEVANCE DEFINED §400 - 14

405.02 APPEALS §400 - 14

406 MEDICAL CENTER EMPLOYMENT POLICIES §400 - 14

406.01 GENERAL POLICY §400 - 14

407 EVALUATION OF EMPLOYEES §400 - 15

407.01 GENERAL POLICY §400 - 15

408 EDUCATIONAL AND SABBATICAL LEAVE §400 - 15

408.01 GRADUATE AND POST-DOCTORAL STUDY §400 - 15

408.02 UPGRADING CREDENTIALS §400 - 15

408.03 SABBATICAL LEAVE §400 - 16

408.04 PROFESSIONAL LEAVE §400 - 18

SECTION 500 - ACADEMIC AFFAIRS §500 - 1

501 ACADEMIC PROGRAM APPROVAL §500 - 1

501.01 BOARD APPROVAL §500 - 1

501.02 NEW PROGRAMS §500 - 1

501.03 NEW DEGREE PROGRAMS §500 - 1

501.04 CONSOLIDATION OR SUSPENSION OF PROGRAMS §500 - 2

501.05 ACADEMIC CLASS CALENDAR §500 - 2

502 ACCREDITATION §500 - 2

502.01 GENERAL POLICY §500 - 2

503 OFF-CAMPUS PROGRAMS §500 - 3

503.01 GENERAL POLICIES §500 - 3

503.02 ESTABLISHMENT OF DEGREE-GRANTING BRANCHES AUTHORIZED; ATTENDANCE §500 - 3

503.03 RESTRICTION ON BRANCHES §500 - 4

503.04 OFF-CAMPUS CONFLICTS §500 - 4

503.05 DISTANCE LEARNING POLICY STATEMENT OF PRINCIPLES §500 - 5

503.0501 DEFINITIONS §500 - 5

503.0502 TYPES OF DEGREES TO BE GRANTED AND ROLE OF INDIVIDUAL INSTITUTIONS §500 - 6

503.06 APPROVAL OF STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES §500 - 7

503.07 CONSIDERATION OF PROGRAMS OF PRIVATE COLLEGES BEFORE AUTHORIZING OFF-CAMPUS; PURPOSE OF CHAPTER §500 - 8

503.08 BUDGET REQUESTS §500 - 8

503.09 ASSISTANCE IN PROVIDING FACILITIES §500 - 9

503.10 EXTRACURRICULAR ITEMS AND INTERCOLLEGIATE ATHLETICS PROHIBITED §500 - 9

503.11 REPORTS AND FEES §500 - 9

503.12 CAPITAL IMPROVEMENT EXPENDITURES §500 - 9

504 DEGREES §500 - 10

504.01 AWARDING OF DEGREES §500 - 10

504.02 HONORARY DEGREES AND OTHER AWARDS §500 - 10

505 MILITARY POLICIES §500 - 11

505.01 STUDENTS CALLED TO ACTIVE DUTY §500 - 11

SECTION 600 - STUDENT AFFAIRS §600 - 1

601 ADMISSION STANDARDS §600 - 1

601.01 GENERAL POLICY §600 - 1

601.02 FRESHMAN ADMISSION REQUIREMENTS FOR UNIVERSITY SYSTEM INSTITUTIONS §600 - 1

602 PROOF OF IMMUNIZATION §600 - 5

602.01 MEASLES, MUMPS, AND RUBELLA §600 - 5

602.02 HEPATITIS B §600 - 5

602.03 TUBERCULOSIS §600 - 5

603 RESIDENCY REQUIREMENTS §600 - 5

603.01 RESIDENCE OF A MINOR §600 - 5

603.02 RESIDENCE OF AN ADULT §600 - 6

603.03 REMOVAL OF PARENTS FROM MISSISSIPPI §600 - 6

603.04 RESIDENCE REQUIRED §600 - 6

603.05 RESIDENCY PETITIONS §600 - 7

603.06 LEGAL RESIDENCE OF A MARRIED PERSON §600 - 7

603.07 CHILDREN OF FACULTY OR STAFF §600 - 7

603.08 MILITARY PERSONNEL §600 - 8

603.0801 ACTIVE DUTY STATION IN MISSISSIPPI §600 - 8

603.0802 CHILDREN OF MILITARY PERSONNEL §600 - 8

603.0803 CERTIFICATION OF RESIDENCE OF MILITARY PERSONNEL §600 - 9

604 REJECTION OF APPLICATION §600 - 9

604.01 FUNDAMENTAL REQUIREMENTS §600 - 9

604.02 FRAUDULENT STATEMENTS AND REPRESENTATIONS §600 - 10

605 CERTIFICATE OF ADMISSION §600 - 10

606 UNDERGRADUATE TUITION REMISSION §600 - 10

606.01 ELIGIBLE DEPENDENTS §600 - 10

606.02 GRADE POINT AVERAGE REQUIRED §600 - 11

606.03 COORDINATION WITH OTHER FINANCIAL AID POLICIES §600 - 11

606.04 TUITION REMISSION §600 - 11

607 ATHLETICS §600 - 12

607.01 ATHLETIC RECRUITMENT §600 - 12

607.02 INTERCOLLEGIATE AND INTRAMURAL ATHLETICS §600 - 12

607.03 ATHLETIC TICKETS §600 - 13

608 PERSONAL PROPERTY §600 - 13

608.01 GENERAL POLICY §600 - 13

609 FINANCIAL AID §600 - 14

609.01 REPORTS ON SCHOLARSHIPS §600 - 14

609.02 AUTHORIZATION OF WAIVER §600 - 15

609.03 CHILDREN OF EMPLOYEES §600 - 15

610 STUDENT APPEALS §600 - 16

610.01 GENERAL POLICY §600 - 16

SECTION 700 - FINANCE AND BUSINESS §700 - 1

701 BUDGET AND APPROPRIATIONS §700 - 1

701.01 ADEQUATE FUNDING MODEL §700 - 1

701.02 PLANNING AND BUDGET PRIORITIES §700 - 3

701.03 BUDGET REQUESTS §700 - 3

701.04 ALLOCATION OF APPROPRIATIONS §700 - 4

701.05 BUDGETS §700 - 4

701.06 BUDGET ESCALATIONS AND REVISIONS §700 - 4

701.07 DEPOSITORY POLICY §700 - 4

701.08 INVESTMENT POLICY §700 - 5

702 TUITION, FEES AND OTHER STUDENT CHARGES §700 - 6

702.01 GENERAL POLICY §700 - 6

702.02 DEFINITIONS §700 - 6

702.03 APPROVAL OF TUITION, FEES, AND OTHER STUDENT CHARGES §700 - 7

702.04 APPROVAL PROCESS §700 - 7

702.05 ASSESSMENT PROCEDURES §700 - 8

703 TRAVEL §700 - 8

703.01 GENERAL POLICY §700 - 8

703.0101 APPROVAL OF TRAVEL §700 - 8

703.0102 TRAVEL ADVANCES AND REIMBURSEMENTS §700 - 9

703.0103 APPROVAL FOR TRAVEL ABROAD §700 - 9

704 TUITION WAIVER FOR TEACHERS §700 - 9

704.01 GENERAL POLICY §700 - 9

705 FEDERAL FUNDS AND CONTRACTS §700 - 10

705.01 GENERAL POLICY §700 - 10

706 CONTRACTS §700 - 10

706.01 LAND, PROPERTY, AND SERVICE CONTRACTS §700 - 10

706.02 EMPLOYMENT CONTRACTS §700 - 11

706.03 OTHER OFFICIAL DOCUMENTS §700 - 11

707 AUXILIARY ENTERPRISES §700 - 12

707.01 CHARGES TO STUDENTS §700 - 12

707.02 RESERVE FUNDS §700 - 12

708 BOND ISSUES §700 - 12

708.01 AUTHORITY FOR FINANCING EQUIPMENT PURCHASES AND LEASE/PURCHASE §700 - 12

709 SALES AND SOLICITATIONS §700 - 13

710 INSURANCE §700 - 13

710.01 GENERAL POLICY §700 - 13

710.02 FIRE AND EXTENDED COVERAGE §700 - 14

710.03 WORKERS' COMPENSATION §700 - 14

710.04 HEALTH AND LIFE §700 - 14

710.05 TORT CLAIMS FUND; LIABILITY INSURANCE §700 - 14

SECTION 800 - PERSONNEL POLICIES §800 - 1

801 EMPLOYMENT §800 - 1

801.01 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND AFFIRMATIVE ACTION STATEMENT §800 - 1

801.02 NONDISCRIMINATION OF DISABLED INDIVIDUALS §800 - 1

801.03 EMPLOYMENT OF RELATIVES §800 - 1

801.04 FAIR LABOR STANDARDS ACT §800 - 2

801.05 HIRING PROCEDURES §800 - 2

801.06 TEMPORARY POSITIONS §800 - 3

801.07 OUTSIDE EMPLOYMENT §800 - 3

801.08 RESIGNATIONS §800 - 4

801.09 TERMINAL PAY §800 - 4

801.10 POLITICAL ACTIVITIES §800 - 4

801.11 OPTIONAL RETIREMENT PLAN §800 - 5

801.12 WITHHOLDING OF PAY §800 - 5

802 PERSONAL LEAVE §800 - 6

802.01 GENERAL POLICY §800 - 6

802.02 APPLICATION OF RULES §800 - 6

802.03 TERMINATION §800 - 6

803 MAJOR MEDICAL LEAVE §800 - 6

803.01 GENERAL POLICY §800 - 6

803.02 PAYMENT APPLICATION §800 - 7

804 DISABILITY LEAVE §800 - 7

804.01 GENERAL POLICY §800 - 7

804.02 ENTITLEMENT §800 - 8

804.03 NINE-MONTH FACULTY MEMBER §800 - 9

804.04 EFFECTS OF TEMPORARY DISABILITY LEAVE ON BENEFITS §800 - 9

805 MISCELLANEOUS LEAVE §800 - 10

805.01 JURY DUTY §800 - 10

805.02 EXTREME WEATHER CONDITIONS §800 - 10

805.03 ADMINISTRATIVE LEAVE §800 - 10

805.04 DEATH IN THE FAMILY §800 - 10

805.05 MILITARY LEAVE §800 - 11

805.06 LEAVE WITHOUT PAY §800 - 11

805.07 TRANSFER OF ACCRUED LEAVE §800 - 11

805.08 OFFICIAL HOLIDAYS §800 - 12

806 DRUG-FREE WORKPLACE POLICIES §800 - 12

806.01 GENERAL POLICY §800 - 12

807 INTELLECTUAL PROPERTY POLICY §800 - 12

807.01 STATEMENT OF PRINCIPLES §800 - 12

807.02 DEFINITIONS §800 - 13

807.03 INSTITUTIONAL PROCEDURES §800 - 15

SECTION 900 - FACILITIES §900 - 1

901 CAMPUS LOCATIONS AND FACILITIES §900 - 1

901.01 GENERAL §900 - 1

901.02 APPROVAL OF CONSTRUCTION, REPAIR & RENOVATION, AND CAPITAL OUTLAY §900 - 1

901.03 FACILITY PLANNING §900 - 2

901.04 FACILITIES STAFF RESPONSIBILITIES §900 - 2

901.05 USE OF FACILITIES §900 - 3

901.0501 HEALTH CARE §900 - 3

901.0502 HOMES OF THE INSTITUTIONAL EXECUTIVE OFFICERS §900 - 4

901.0503 COED DORMITORIES §900 - 4

SECTION 1000- INFORMATION AND PUBLICATIONS §1000 - 1

1001 ADVERTISING §1000 - 1

1002 STATE OFFICIALS/LEGISLATURE §1000 - 1

1002.01 APPEARANCES IN LEGISLATURE §1000 - 1

1002.02 OFFICIAL REQUESTS FROM STATE OFFICIALS AND LEGISLATORS §1000 - 1

1003 UNIVERSITY PRESS §1000 - 2

SECTION 1100 - LEGAL MATTERS §1100 - 1

1101 LAWSUITS §1100 - 1

1102 REQUESTS FOR LEGAL OPINIONS §1100 - 1

1103 REPORTING FELONIES §1100 - 1

1104 CAMPUS RULES AND REGULATIONS §1100 - 1

1105 FIREARMS POLICY §1100 - 2

1106 ENACTMENT OF TRAFFIC RULES AND REGULATIONS §1100 - 2

1107 GOVERNING LAWS §1100 - 3

SECTION 1200 - ETHICS POLICY §1200 - 1

1201 GENERAL POLICY §1200 - 1

1201.01 THE LAW §1200 - 1

1201.0101 BOARD MEMBERS §1200 - 2

1201.0102 EXECUTIVE OFFICERS AND PERSONNEL §1200 - 2

1201.0103 BIDS FOR DEPOSITORY CONTRACTS §1200 - 4

1201.0104 DECORUM §1200 - 4

1201.0105 INDIVIDUAL RESPONSIBILITIES §1200 - 4

APPENDIX A §1200 - 5

INDEX I-1

 

SECTION 100 - AUTHORIZATION

101 ESTABLISHMENT OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

101.01 CONSTITUTIONAL

The state institutions of higher learning now existing in Mississippi, to-wit: University of Mississippi, Mississippi State University of Agriculture and Applied Science, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and any others of like kind which may be hereafter organized or established by the State of Mississippi, shall be under the management and control of a board of trustees to be known as the Board of Trustees of State Institutions of Higher Learning, the members thereof to be appointed by the Governor of the state with the advice and consent of the Senate.

Miss. Const. Art. VIII, Section 213-A

(BT Minutes, 9/90; 1/98)

101.02 NAME

The official name of the Board of Trustees under the constitution (Section 213-A) is the Board of Trustees of State Institutions of Higher Learning.

Miss. Const. Art. VIII, Section 213-A

(For the purposes of these bylaws and policies, the Board of Trustees of State Institutions of Higher Learning shall hereafter be referred to as the "Board.")

(BT Minutes, 9/90; 1/98)

101.03 SEAL

The Board is hereby authorized and empowered, in its discretion, to adopt and have an official seal in such form as it deems appropriate for its official use.

The official seal of the Board shall contain an inner circle and an outer circle. The inner circle shall be a facsimile of the inner circle of the Great Seal of the State of Mississippi. It portrays the great eagle with extended pinions, holding in the right talon a palm branch and a bundle of arrows in the left talon, meaning "by valor and arms." The outer circle shall have inscribed therein the words "State Institutions of Higher Learning."

Miss. Code Ann., §37-101-11, as amended.

(BT Minutes, 9/90; 1/98)

SECTION 200 - GENERAL POWERS AND DUTIES

201 CONSTITUTIONAL ORGANIZATION

201.01 MEMBERS AND QUALIFICATION

The Governor shall appoint only those men or women as members who are qualified electors residing in the district from which each is appointed, and who are at least twenty-five (25) years of age, and of the highest order of intelligence, character, learning, and fitness for the performance of such duties, to the end that such board shall perform the high and honorable duties thereof to the greatest advantage of the people of the state and of such educational institutions, uninfluenced by any political considerations.

Miss. Const. Art. VIII, Section 213-A

Miss. Code Ann., §37-101-5, as amended.

(BT Minutes, 9/90; 1/98)

201.0101 APPOINTMENTS

There shall be appointed one (1) member of such board from each congressional district of the state as existing as of March 31, 1944, one (1) member from each Supreme Court district, and two (2) members shall be appointed from the state at large.

Miss. Code Ann., §37-101-3, as amended.

(BT Minutes, 9/90; 1/98)

201.0102 TENURE TERMS

The term of office of said trustees herein provided for shall begin May 8, 1944; and it shall be the duty of the Governor to make such appointments during the regular session of the legislature of Mississippi in 1944; and one-third (1/3) of the membership of said board shall be appointed for a period of four (4) years, one-third (1/3) for a period of eight (8) years, and one-third (1/3) fora period of twelve (12) years; and thereafter their successors shall hold office for a period of twelve (12) years. The members of the Board as constituted at the time this amendment shall be inserted in the Constitution as a part thereof shall continue to hold office until their respective terms expire under existing law, afterwhich time the membership of the Board shall consist of the number hereinabove provided for.

Miss. Const. Art. VIII, Section 213-A

(BT Minutes, 9/90; 1/98)

Term tenure dates. The following listed regular terms of appointment shall commence May 8, 1968, 1980, 1992, and each succeeding 12th year:

State-at-large, which term Dr. H. M. Ivey

served as original appointee

First Congressional District

Fifth Congressional District

Seventh Congressional District

The following listed regular terms of appointments shall commence May 8, 1972, 1984, 1996, and each succeeding 12th year:

State-at large, which term Mr. Means

Johnston served as original appointee

Southern Supreme Court District

Central Supreme Court District

Sixth Congressional District

The following listed regular terms of appointment shall commence May 8, 1976, 1988, 2000, and each succeeding 12th year:

Second Congressional District

Third Congressional District

Fourth Congressional District

Northern Supreme Court District

Miss. Const. Art. VIII, Section 213-A

(BT Minutes, 9/90; 1/98)

201.0103 VACANCIES

In case of a vacancy on said board by death or resignation of a member, or from any other cause than the expiration of such member's term of office, the Board shall elect his/her successor, who shall hold office until the end of the next session of the Legislature. During such term of the session of the Legislature the Governor shall appoint the successor member of the Board from the district from which his/her predecessor was appointed, to hold office until the end of the period for which such original trustee was appointed, to the end

that one-third (1/3) of such trustees' terms will expire for each four (4) years.

Miss. Const. Art. VIII, Section 213-A

Miss. Code Ann., §37-101-3, as amended.

(BT Minutes, 9/90; 1/98)

201.02 PRESIDENT OF THE BOARD

Within 10 days after the beginning of the terms of office of its members, upon call of the Governor, the Board shall meet in the City of Jackson and organize by electing (1) of its number as president, whose term of office shall be for (1) year or until a successor shall be elected, and shall transact such other business as may come before the meeting. When the presiding officer has voted and the result is a tie, he cannot vote again to break the tie.

Miss. Code Ann., §37-101-7, as amended.

(See Section 301.01, A.)

(BT Minutes, 9/90; 1/98)

201.03 STAFF OF THE BOARD

The trustees shall have authority to appoint a non-member as Commissioner of Higher Education, who shall possess

the highest qualifications as an administrator and research worker.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes, 9/90; 1/98)

201.0301 DUTIES OF THE COMMISSIONER

The Commissioner of Higher Education shall maintain an office and be responsible to the Board for the efficient functioning of the staff which the Board may from time to time establish. It shall be the duty of the Commissioner of Higher Education to make constant inquiry into the problems of higher education, to survey and study carefully the organization, management, and all other affairs of each institution under the control of said trustees, to make report of all findings and recommend such changes as will increase efficiency and economy in the operation of each institution, and to perform such other duties as the Board may prescribe. The Commissioner of Higher Education shall be responsible for compiling all laws and all rules and regulations of a general nature adopted by the Board for the governance

of the various institutions of higher learning in pamphlet or loose-leaf form. Current copies of such compilations shall be furnished to all officials directly responsible for carrying out of such laws, rules and regulations. The expenses for such compilation and publication shall be paid by the Board out of any funds available for the operation of said Board.

Miss. Code Ann., §37-101-7, as amended.

(For the purposes of these bylaws and policies, the Commissioner of Higher Education shall be referred to hereafter as the "Commissioner".)

(BT Minutes, 9/90; 1/98)

201.0302 OTHER BOARD PERSONNEL

The trustees shall authorize the employment of such other personnel as may be required from time to time to carry out the functions of the Board and may assign to the personnel so employed such functions and duties and may delegate to the Commissioner or other personnel such powers of the Board as may be necessary to accomplish the purposes for which the Board was established. All such personnel shall be employed by the Commissioner with the approval of the Board and shall hold office at the pleasure of the Commissioner. The Board shall also have the authority to employ on a fee basis such technical and professional assistance as may be necessary to carry out the powers, duties and purposes of the Board.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes, 9/90; 1/98)

201.04 MEETINGS OF THE BOARD

The Board shall hold two (2) regular slated meetings annually, one (1) in June and the other in January, and as many special meetings as may be necessary on call of the president or on call of five (5) members. In either case, the call shall be in writing and shall be mailed by registered letter with return receipt requested, or by certified mail, to each and every member at least five (5) days prior to the date of meeting. Eight (8) members of the Board shall constitute a quorum for transaction of business.

Miss. Code Ann., §37-101-9, as amended.

(BT Minutes 5/92; 1/98)

201.0401 MINUTES

A. Minutes shall be kept of all meetings of a public body, whether in open or executive session, showing the members present and absent; the date, time and place of the meeting; an accurate recording of any final actions taken at such meeting; and a record, by individual member, of any votes taken; and any other information that the public body requests be included or reflected in the minutes. The minutes shall be recorded within a reasonable time not to exceed thirty (30) days after recess or adjournment and shall be open to public inspection during regular business hours.

Miss. Code Ann., §25-41-11, as amended.

B. In accordance with statute, the Board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.

Miss. Code Ann., §37-101-15, as amended.

(BT Minutes, 9/90; 1/98)

201.0402 PROCEDURES FOR CHANGING BOARD POLICIES AND ADOPTING NEW POLICIES

The adoption of new policies or changing existing policies is solely the responsibility of the Board. It is important that sufficient time be given to permit further study and to give interested parties an opportunity to react; therefore, no new policies nor policy revisions introduced for the first time shall be adopted until a subsequent meeting. The Board may temporarily approve a policy to meet emergency conditions. However, discussion and a final vote must be taken before the policy shall be formally adopted.

(BT Minutes, 5/90; 1/98)

201.0403 PROCEDURES FOR ALTERING, AMENDING OR REPEALING BOARD BYLAWS OR ADOPTING NEW BYLAWS

These bylaws may be altered, amended or repealed and new bylaws may be adopted by a majority vote of the Board at any regular Board meeting or at any special Board meeting when the proposed amendment has been set out in the notice of such meeting.

(BT Minutes, 5/90; 1/98)

201.05 COMPENSATION OF MEMBERS AND STAFF

201.0501 BOARD MEMBERS COMPENSATION AND PER DIEM

The Board shall serve without salary compensation but shall receive a per diem and mileage as authorized by law including time of going to and returning from meetings of said Board, together with actual travel and hotel expenses incident to the meetings of the Board, and in the discharge of duties prescribed by the Board.

Miss. Code Ann., §37-101-9, as amended.

(BT Minutes, 9/90; 1/98)

201.0502 PERSONNEL SALARIES

The Commissioner and other personnel employed by the Board shall receive reasonable salaries commensurate with their duties and functions, the amount of which shall be fixed by the Board.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes, 9/90; 1/98)

201.0503 TRAVELING EXPENSES

The reasonable traveling expenses and other authorized expenses incurred by the Commissioner and other personnel

in the performance of their duties, together with other expenses of the operation of the executive office, shall be prorated and deducted from the appropriations for the current expenses of the several institutions.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes, 9/90; 1/98)

201.06 GENERAL POWERS AND DUTIES

201.0601 ROLE AND SCOPE OF THE INSTITUTIONS

It shall be the duty of the Board to begin immediately a comprehensive study of the role and scope of all of the various institutions under its jurisdiction, including a detailed study of the programs of study, degrees and courses offered. Following the completion of such study, the Board shall make such adjustments as may be found to be necessary in the programs of the various institutions, to the end that the broadest possible educational opportunities shall be offered to the citizens of this state without inefficient and needless duplication. The Board shall, through such officers of the Board and through such procedures as it shall see fit to establish, exercise continuing jurisdiction and control over the establishment of new courses of study, new departments and new functions and activities in each institution so that the growth and development of the program of higher education in the state shall proceed in an orderly and rational manner, inefficient and needless duplication may be avoided, and new expanded programs will be undertaken only as the same may become justified, based upon objective criteria to be established by the Board. In carrying out the purposes of this section, particular attention shall be given to the extension programs of the various institutions. The Board, in conjunction with the chancellor and presidents of the institutions of higher learning, shall take such steps as may be necessary to improve and coordinate such programs and shall exercise such direct control over the establishment, organization, operation and granting of credit for such programs as may be necessary to accomplish such purposes.

Miss. Code Ann., §37-101-13, as amended.

(BT Minutes, 9/90; 1/98)

201.0602 MANAGEMENT

The Board shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the Board formerly supervising and controlling the institutions of higher learning named in §37-101-1.

Miss. Code Ann., §37-101-15(A),as amended.

(BT Minutes, 9/90; 1/98)

201.0603 BYLAWS

The Board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The Board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the constitution and laws, and not inconsistent with the object for which these institutions were established.

Miss. Code Ann., §37-101-15(C), as amended.

(BT Minutes, 9/90; 1/98)

201.0604 SUPERVISION

The Board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The Board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The Board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The Board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the Board may establish.

Miss. Code Ann., §37-101-15(B), as amended.

(BT Minutes, 9/90; 1/98)

201.0605 INSTITUTIONAL OFFICERS

A. The Board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term not exceeding four (4) years. The Board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the Board to permit each Institutional Executive Officer to nominate for election by the Board all subordinate employees of the institution over which he or she presides. It shall be the policy of the Board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The Board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.

Miss. Code Ann., §37-101-15(F), as amended.

(See Section 301.04, D.)

(BT Minutes, 9/90; 2/98)

B. Each institution of higher learning shall be under the management and control of an Institutional Executive Officer. In exercising this authority as delegated by the Board, the Institutional Executive Officer shall act in accordance with Board policy, institutional policy and the laws of the State of Mississippi and in coordination with the Commissioner.

(BT Minutes, 2/98)

 

201.0606 GENERAL FINANCIAL POLICY

All appropriations made for the use of any or all institutions including the central office of the Board shall be received by the Board as a lump sum, with the power and authority in said Board to allocate and distribute the same among the institutions under its control in such way and manner and in such amounts as will further an efficient and economical administration of the institutions.

The Board may hold, purchase, lease, sell, convey, or otherwise dispose of public property, execute conveyances thereon, and utilize the proceeds arising therefrom; the Board may exercise the power of eminent domain in the manner provided by law; and shall have such other powers and duties as provided by law.

The Board may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the various institutions.

(BT Minutes, 9/90; 1/98)

201.0607 FINANCIAL REPORTS

A. For all institutions specified herein, the Board shall prepare an annual report to the Legislature setting forth the disbursements of all moneys appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institutions next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The Board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriation and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the Senators and of the Representatives

it may exceed the income. The Board shall require a surety bond in a surety company authorized to do business in this state of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the Board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.

B. For all institutions specified herein, the Board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The Board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature.

Miss. Code Ann., §37-101-15(D & E), as amended.

(BT Minutes, 9/90; 1/98)

C. Every custodian of funds and/or property is required to have an individual official bond, as defined in Miss. Code Ann., §25-1-15, of at least $100,000. A custodian of funds and/or property is defined as an officer or employee who has signature authority on a bank account or is otherwise in direct control of funds and/or property. Blanket fidelity bonds or public employee dishonesty policies for employees who are not custodians of funds as defined shall be obtained by each institution. All official bonds, blanket fidelity bonds, and public employee dishonesty policies shall name the Board as a certificate holder. The Board, as a certificate holder, shall receive direct notification by the carrier of all bond and policy changes. The premiums for all such bonds shall be paid out of the funds appropriated for said institution.

(BT Minutes, 1/98)

201.0608 POLITICAL ACTIVITY

All relationships and negotiations between the state Legislature and its various committees and the institutions named herein shall be carried on through the Board. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the Board or upon the request of the Legislature or a committee thereof.

Miss. Code Ann., §37-101-15(D), as amended.

(See Section 1002.01)

(BT Minutes, 9/90; 1/98)

201.0609 DEGREE GRANTING BRANCHES

A. ESTABLISHMENT OF DEGREE-GRANTING BRANCHES AUTHORIZED; ATTENDANCE:

The Board may establish off-campus instructional programs for existing universities. However, the Board shall not establish off-campus instructional programs if, in its opinion, such action is not in the best interest of quality education for the state of Mississippi and the university system.

Students at any off-campus program site may, in the discretion of the Board, be permitted to register for full-time course loads.

Attendance at an off-campus site shall fulfill the residency requirements as if the student had attended class on the parent campus of the university, and there shall be no difference in the

standards for work nor quality weight of a degree earned in the off-campus program from that earned at the parent institution.

Miss. Code Ann., §37-102-1, as amended.

(BT Minutes, 9/90; 1/98)

B. APPROVAL OF STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES

The Board of Trustees of State Institutions of Higher Learning shall not permit its universities to offer courses for college credit at the lower undergraduate level at an off-campus site unless approved by the State Board for Community and Junior Colleges. The Board of Trustees of State Institutions of Higher Learning, in cooperation with the State Board for Community and Junior Colleges, shall study the need and advisability of offering (a) courses for college credit at the lower undergraduate level, and (b) advanced centers for technology partnerships for industrial training and professional development for credit and noncredit courses, at the following off-campus sites by four-year public state institutions of higher learning: the Mississippi Gulf Coast counties; Greenville, Mississippi; Columbus, Mississippi; McComb, Mississippi; Hattiesburg, Mississippi; Meridian, Mississippi; Laurel, Mississippi; and any other proposed area of the state. Any such study shall take into account the ongoing programs of the community and junior colleges in the State of Mississippi when said board authorizes off-campus programs created under this chapter. It is the intent of the Legislature to meet the educational needs of students who do not have ready access to the educational opportunities that they desire. It is the further intent of this chapter that university off-campus programs established hereunder will in no way usurp the responsibilities of the public junior colleges of the State of Mississippi. The board shall

establish such rules and regulations as it deems necessary and proper to carry out the purposes and intent of this chapter.

Miss. Code Ann., §37-102-3, as amended.

(BT Minutes, 9/90; 1/98)

C. RESTRICTIONS ON BRANCHES:

The Board may designate the university which shall operate and be responsible for each off-campus site. However, off-campus sites shall be located in such a manner as to make the services of the institutions of higher learning available to the people of Mississippi without unnecessary program duplication in the same geographic area.

Miss. Code Ann., §37-102-5, as amended.

(BT Minutes, 9/90; 1/98)

D. BUDGET REQUEST:

The Board shall submit to the Legislature budget requests with off-campus programs being an identified part of the total general support budget request for universities by being a separate item within the budget request of the respective university which offers the program. Said budget request shall include a statement of all actual or estimated receipts and disbursements for such off-campus programs and such other information as may be required by the Legislative Budget Office.

Miss. Code Ann., §37-102-7, as amended.

(BT Minutes, 9/90; 1/98)

E. ASSISTANCE IN PROVIDING FACILITIES:

The political subdivision or the people of the area may assist in providing facilities for the establishment of such off-campus sites.

Miss. Code Ann., §37-102-9, as amended.

(BT Minutes, 9/90; 1/98)

F. EXTRACURRICULAR ITEMS AND INTERCOLLEGIATE ATHLETICS PROHIBITED:

Extracurricular items such as dormitories, gymnasiums, stadiums, and such related items shall not be constructed for use by off-campus sites of universities.

Miss. Code Ann., §37-102-11, as amended.

(BT Minutes, 9/90; 1/98)

G. CONSIDERATION OF PROGRAMS OF PRIVATE COLLEGES BEFORE AUTHORIZING OFF-CAMPUS PROGRAMS; PURPOSE OF CHAPTER:

The Board shall take into account the ongoing programs of the private colleges in the State of Mississippi when said Board authorizes off-campus programs created under this chapter. It is the intent of this chapter to meet the educational needs of students who do not have ready access to the educational opportunities that they desire.

Miss. Code Ann., §37-102-13, as amended.

(BT Minutes, 9/90; 1/98)

H. CAPITAL IMPROVEMENT EXPENDITURES:

The Board and the Bureau of Buildings, Grounds and Real Property Management shall not make any expenditure for capital improvements for off-campus sites unless specifically authorized by the Mississippi Legislature. However, this shall not preclude such capital improvements from being made by county or municipal governments locally or regionally involved.

Miss. Code Ann., §37-102-15, as amended.

(See Sections 503.01-503.12)

(BT Minutes, 9/90; 1/98)

SECTION 300 - BYLAWS

301 ORGANIZATION OF THE BOARD

301.01 OFFICERS OF THE BOARD

A. PRESIDENT:

There shall be a president elected by the Board from its membership whose term of office shall be for one year or until his or her successor is elected. The president of the Board shall preside at all meetings of the Board; he or she shall be an ex officio member of all standing and special committees; he or she shall appoint members of all standing or special committees; he or she shall, with the Commissioner, execute such instruments and contracts as may be ordered by the Board; he or she shall perform such duties as usually pertain to this office and such other duties as may be assigned by the Board; and he or she shall be governed in his action by the usual parliamentary procedure. The president of the Board may not succeed himself/herself as president after having served a full year term.

Miss. Code Ann., §37-101-7 , as amended.

(See Section 201.02)

B. VICE PRESIDENT:

There shall be a vice president elected by the Board from its membership. The term of office shall be one year, and the vice president shall preside at meetings of the Board in the absence or disability of the president.

The vice president of the Board shall automatically succeed to the office of president after having served a one-year term as vice president.

The vice president shall become president upon the resignation, removal, death or incapacity of the president.

(BT Minutes, 9/90, 1/98)

301.02 ELECTION OF OFFICERS

The Board shall elect its officers at the January meeting of the Board, if held, to take office on the eighth day of May in the same year.

(BT Minutes, 9/90; 1/98)

301.03 BOARD COMMITTEES

A. The Board by formal action and/or the President may establish standing, special or advisory committees as deemed appropriate to carry out the duties, obligations and functions of the Board. The members of each are to be appointed by the President.

B. These committees may be assisted by the Commissioner and his/her staff.

C. The committees may meet at such locations as deemed appropriate by the designated chairman of the committee.

D. The respective committees shall report to the Board their findings of fact and/or their recommendations for the consideration of the Board.

E. The committee is discharged by the Board's acceptance of its report unless otherwise determined.

(BT Minutes, 5/90; 1/98)

301.04 BOARD REGULATIONS

A. The Board shall manage and control:

1. Alcorn State University

2. Delta State University

3. Jackson State University

4. Mississippi State University

5. Mississippi University for Women

6. Mississippi Valley State University

7. University of Mississippi

8. University of Southern Mississippi

B. The Board shall elect the heads of the various institutions of higher learning and contract with faculty and staff members.

C. The Board shall terminate the contract of any employee at any time for malfeasance, inefficiency, contumacious conduct, or financial exigency but not for political reasons.

D. The Board shall make any adjustments the Board thinks necessary between the various departments and schools of any institution or between the different institutions.

E. The Board shall appoint a Commissioner of the Board who will have the highest qualifications as an administrator and research worker, and shall employ such additional personnel and contract for such services as may be necessary to accomplish the purposes for which the Board was established.

F. It shall be the duty of each member of the Board to:

1. Periodically visit all of the institutions of higher learning under the jurisdiction of the Board.

2. Attend functions and events at all institutions.

3. Inspect the buildings and equipment.

4. Become informed as to the general business administration and instructional programs.

5. Meet with the personnel of the institutions.

6. Gather such other information as may be deemed necessary so as to be qualified to perform the duties of the office.

G. No public officer or member of the legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city, or town thereof, authorized by any law passed or order made by any board of which he/she may be or may have been a member, during the term for which he/she shall have been chosen, or within one year after the expiration of such term.

Miss. Const. Art. IV, Section 109

Miss. Code Ann., §25-4-105(2), as amended.

(BT Minutes, 9/90; 1/98)

 

301.05 BOARD MEETINGS AND AGENDA

301.0501 REGULAR MEETINGS

There shall be two regular slated meetings of the Board annually, one in June and the other in January.

Miss. Code Ann., §37-101-9, as amended.

(BT Minutes, 5/90; 1/98)

301.0502 SPECIAL MEETINGS

There shall be as many special meetings of the Board as may be necessary upon call of the president of the Board or upon call of five members.

Miss. Code Ann., §37-101-9, as amended.

(BT Minutes, 5/90; 1/98)

301.0503 CALL TO MEETINGS

The call shall be in writing and shall be mailed by certified letter with return receipt requested, or by certified mail, to each and every member at least five days prior to the date of meeting.

Miss. Code Ann., §37-101-9, as amended.

(BT Minutes, 5/90; 1/98)

301.0504 DATE OF MEETINGS

It shall be the general policy of the Board to meet the third week of each month.

(BT Minutes, 5/90; 1/98)

301.0505 OPEN MEETINGS REQUIREMENTS

It is the policy of the Board to conduct its meetings pursuant to the provisions of the Mississippi Open Meetings Act.

Miss. Code Ann., §25-41-1, as amended.

(BT Minutes, 5/90; 1/98)

301.0506 MEETING AGENDA

A formal agenda shall be prepared by the Commissioner for each official meeting of the Board, which shall be followed as the order of business without formal approval. Any departures from the order of business in the formal agenda must be by consent of a majority of the members present. The formal agenda will consist of items submitted on behalf of the various institutions and the Board offices. The form of agenda items and the deadline for submission will be determined by the Commissioner. The Commissioner may refer agenda items to appropriate Board committees for consideration. Any agenda item submitted after the deadline for submission to the Commissioner will not be added to the agenda and considered by the Board at said meeting except upon a unanimous vote of the members present consenting to same. This consent requirement will apply to consideration of all agenda items including recommendations by Board committees in instances where agenda items relating to such recommendations are not submitted prior to the deadline.

(BT Minutes 9/90, 2/98)

301.0507 BOARD RECESSES

The Board may recess itself indefinitely to be reconvened by the president, or it may recess to a time and place designated.

(BT Minutes, 5/90; 1/98)

301.0508 PLACE OF MEETINGS

Generally, the Board will hold its meetings at its regular offices; however, the Board may designate as its meeting place any suitable place within the state.

(BT Minutes, 5/90; 1/98)

301.0509 MINUTES OF MEETINGS

The Commissioner shall compile and file for safekeeping full and complete minutes of all official acts of the Board. The minutes shall be compiled within a reasonable period after a given action of the Board, bound in a volume, and at the office of the Board made an open document to any citizen of the state during the normal office days and hours of the Board's central office.

(BT Minutes, 5/90; 1/98)

301.0510 ABBREVIATED MINUTES

Abbreviated minutes may be used by the Board in dispatching business coming before it, but all official references to the minutes and all transcripts, excerpts, copies, pictures, or quotes shall be made from the full and complete official minutes and the Commissioner shall be the certifying officer thereto for the Board.

(BT Minutes, 5/90; 1/98)

301.0511 QUORUM FOR TRANSACTION OF BUSINESS

Eight (8) members of the Board shall constitute a quorum for transaction of business.

Miss. Code Ann., §37-101-9, as amended.

(BT Minutes, 5/92; 1/98)

301.0512 MEETING RULES OF ORDER

A. Meetings of the Board and its committees shall be conducted in accordance with controlling statutes and applicable bylaws, regulations, or policies. In the absence of such statutes, bylaws, regulations, or policies, meetings shall be conducted in accordance with the current Senate Rules of the Mississippi Legislature.

B. With the exception of usual, short, parliamentary motions, all motions, resolutions, or other propositions requiring Board action shall, whenever practicable, be reduced to writing before submission to a vote.

In general, the rules of parliamentary procedure shall be followed during the meeting of the Board.

(BT Minutes, 5/90; 2/98)

301.0513 PRESIDENT'S VOTE

The president of the Board shall be entitled to the same vote as any other member of the Board.

(BT Minutes, 5/90; 1/98)

301.0514 TIE VOTES

When the presiding officer has voted and the result is a tie, he or she cannot vote again to break the tie.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes, 5/90; 1/98)

301.0515 PERMISSION REQUIRED TO LEAVE MEETINGS

No member shall absent himself/herself from a meeting of the Board without approved leave from the president.

(BT Minutes, 5/90; 1/98)

301.0516 APPEARANCES BEFORE THE BOARD

No person shall be entitled as a matter of right to appear before the Board of Trustees of Institutions of Higher Learning except the following persons:

1. Designated Staff of the Board;

2. Institutional Executive Officers;

3. Official guests invited by the President after consultation with the Board.

Other appearances before the Board are not a matter of right, and will only be considered if the request is material and relevant to any matters then pending before the Board. Any person who desires to be placed on the agenda to address the Board shall submit such request, including justification, in writing to the Commissioner. The request should be at least three weeks prior to the designated Board meeting at which the person desires to appear and set forth the purpose of such appearance. The three week period is necessary to permit referral to the President or appropriate Board committee to rule on such request.

(BT Minutes, 1/91; 1/98)

301.06 COMPENSATION OF BOARD MEMBERS AND STAFF

301.0601 BOARD MEMBERS' PER DIEM COMPENSATION

The Board shall serve without salary compensation, but each member shall receive a per diem as authorized by law including time of going to and returning from meetings of said Board, together with actual travel and hotel expenses incident to the meetings of the Board and in discharge of duties prescribed by the Board.

Each Board member may claim the per diem each day while representing the Board individually or as one member of a group as follows:

A. Regular monthly meetings or special meetings either in the Board office or on the campus of an institution or any place designated by the president of the Board.

B. Committee meetings attended as a member or on invitation by the chairman of the committee whether the meeting is held in the Board office or on the campus of an institution or at a designated place.

C. Functions and events on the campus of any institution attended in the capacity of a Board member.

D. When requested by the Board or president of the Board to represent the Board at any meeting where such meeting deals with official business.

E. When attending conventions of governing boards or other professional groups.

F. Duties such as inspecting buildings or other construction or equipment on a campus or attending meetings of the Bureau of Building, Grounds and Real Property Management involving the institutions.

G. When attending bid openings whether buildings, equipment, or other projects of the institutions or attending to other duties as directed by the Board.

(BT Minutes, 9/90; 1/98)

301.0602 PERSONNEL SALARIES

The Commissioner and other personnel employed by the Board shall receive reasonable salaries commensurate with

their duties and functions, the amount of which shall be fixed by the Board.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes 9/90; 1/98)

301.0603 TRAVELING EXPENSES

Reasonable traveling expenses and other authorized expenses incurred by the Commissioner and other personnel in the performance of their duties, including the rate of reimbursement thereof, shall be authorized by the Board from time to time.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes, 9/90; 1/98)

301.07 STAFF OF THE BOARD

301.0701 THE COMMISSIONER

The Board shall have authority to appoint a non-member as Commissioner, who shall possess the highest qualifications as an administrator and research worker.

Miss. Code Ann., §37-101-7, as amended.

(BT Minutes, 9/90; 1/98)

301.0702 DUTIES OF THE COMMISSIONER

A. To serve as system executive officer of the university system and to perform such services assigned by the Board as may be necessary to accomplish the purposes for which the Board was established, namely the management and control of the several state institutions of higher learning and other like bodies presently existing and any which may be hereafter created by the Legislature of the State of Mississippi.

B. To maintain an office for the Board and be responsible for efficient functioning of the Board's staff.

C. To conduct constant inquiry and studies into the problems of higher education.

D. To survey and study carefully the organization, management, and all other affairs of each institution under the control of the trustees, and report all findings to the Board.

E. To recommend such changes as will increase efficiency and economy in the operation of each institution.

F. To compile and distribute to responsible officials copies of the laws, rules, and regulations for the governance of the state institutions of higher learning.

G. To employ such other personnel as may be required from time to time to carry out the functions of the Board and may assign to the personnel so employed such functions and duties and may delegate to other personnel such powers as may be necessary to accomplish the purposes for which the Board was established.

H. To make those financial decisions that are commensurate with the efficient management of the Board office and in support of the activities of the various institutions.

I. The Commissioner is authorized to conduct the day to day administrative affairs of the Board and staff of the Board.

(BT Minutes, 9/90; 2/98)

301.0703 DELEGATION OF AUTHORITY

A. The authority delegated by the Board to the Commissioner may be further delegated by the Commissioner in writing to appropriate and responsible officials of the System Office.

B. The authority delegated by the Board to the Institutional Executive Officers may be further delegated by the Institutional Executive Officers in writing to appropriate and responsible officials of the universities.

C. The Institutional Executive Officers and the Commissioner shall identify by position the persons authorized to act in their place in the event of absence from the office of more than a week or other unavailability. Each Institutional Executive Officer shall notify the Commissioner in writing of such delegation of authority by the Institutional Executive Officer, and the Commissioner shall notify the Board in writing of such delegation of authority by the Commissioner.

(BT Minutes, 1/98)

301.08 INSTITUTIONAL EXECUTIVE OFFICERS

301.0801 DUTIES OF THE INSTITUTIONAL EXECUTIVE OFFICERS

A. The Institutional Executive Officer of each of the several state institutions of higher learning shall be responsible for the administration of the divisions and departments of his/her institution and for keeping its expenditures strictly in harmony with the budgetary authorizations of the Board and within the limitations provided therein. The Chief Financial Officer under the direction of the Institutional Executive Officer shall be responsible for all financial matters of the university.

(BT Minutes, 5/92; 1/98)

B. The Institutional Executive Officer shall have the initiative in shaping the educational policy and academic standards of his/her institution, and in cooperation with the Commissioner recommend such policy to the Board for approval.

C. The Institutional Executive Officer shall have the initiative in the selection and recommendation for election by the Board of all employees and faculty members of his/her institution; and he/she shall have authority to fill vacancies that occur as emergencies, when the salary outlay is within the budget appropriations provided for such positions, all subject to authority for review and rejection or approval by the Board, in which body rests the sole power of election and confirmation or rejection of all appointments.

D. All personnel appointments at the level of deans and above or employees making a salary of $50,000 or more shall be submitted separately for approval before appointments have been finalized and/or announced.

E. The Institutional Executive Officer is charged with the responsibility for maintaining appropriate standards of conduct of students, and is authorized to expel, dismiss, suspend, and place limitations on continued attendance and to levy penalties for disciplinary violations, subject to procedures of due process.

F. After ten or more years of satisfactory service, Institutional Executive Officers (including the Commissioner) may apply for Board Distinguished Professorships. These positions would be funded at a salary rate of no less than 75 percent of the last salary and could be based in any institution under the governance of the Board. Each appointment must be approved by the Board based upon merit and possible future contributions to higher education in the state.

(BT Minutes, 9/90; 1/98)

301.0802 INSTITUTIONAL ORGANIZATIONAL CHARTS

The respective institutions will maintain current organization charts with the Board. The organization charts shall be on file in the Commissioner's office and will identify academic positions down to the Department Head level and non-academic positions down to two levels below the Institutional Executive Officer.

(BT Minutes, 9/90; 1/98)

301.0803 RECORDS

Pursuant to the Mississippi Public Records Acts of 1983 (the "Act"), effective from and after July 1, 1983, the Board hereby adopts the following regulations and procedures with respect to such records as may be in its possession, or in the possession of any university or other institution under its jurisdiction or control, as provided for in Sections 3 and 4 of the Act. Such rules and procedures are applicable to and shall govern the inspection, copying, and/or reproduction of any public records in the possession of the Board, or any institution under its jurisdiction or control.

A. Recipient(s) should submit a written request indicating the specific information wanted. Any response by the Board for a request for access to records will be forwarded to the requesting party within fourteen working days of the receipt of such request.

B. Recipient(s) will be assisted by a staff member at a charge not to exceed actual costs and will be charged $1.00 per page for making copies. Records will be available for inspection and copying only during regular working hours (8:00 a.m.-5:00 p.m.), Monday through Friday, holidays excluded.

C. Recipient(s) will deposit a certified check, money order, or cash in escrow with the staff accountant prior to receiving material. This estimated amount must be sufficient to cover the estimated cost of the staff member's assistance and copying fees.

D. Recipient(s) will be provided adequate space to work at no cost, if available.

E. Recipient(s) will be provided requested documents by a staff member. In the case of academic programs documents, recipient(s) will be allowed to look at documents from no more than two programs at a time. In the case of all other Board documents, recipient(s) will be allowed to examine documents in a systematic manner to be determined by Board staff.

F. No more than two recipient(s) per organization will be assisted at a time.

G. Recipient(s) desiring information by mail will be charged for copying costs and staff time at the rates given in subsection B. An additional charge will be added for mailing costs.

H. Specific policies will be on file with the Commissioner in the Board office and will be made available upon request.

Miss. Code Ann., §25-61-1 - 17 , as amended.

(BT Minutes, 9/90; 1/98)

 

301.0804 COUNCIL OF THE INSTITUTIONAL EXECUTIVE OFFICERS/ PRESIDENTS/CHANCELLOR

The Board authorizes the organization of a Institutional Executive Officers' Council, consisting of the Institutional Executive Officers of the institutions of higher learning under the jurisdiction of the Board. The Commissioner of the Board shall be an ex officio member of said Council. The function of the Council shall be to study problems of common interest to the Institutional Executive Officers and to members of the Board.

(BT Minutes, 9/90; 1/98)

301.0805 FOUNDATION ACTIVITIES

The Board recognizes the important role of private gifts to the university foundations in supporting the academic and extracurricular activities on each campus. The Board shall exercise appropriate oversight regarding the relationship institutions and the Commissioner have with foundations, including foundations specifically created to support athletic programs.

The Institutional Executive Officer of each institution and the Commissioner shall:

A. Provide the Board with an annual audited financial report of each of its foundations, disclosing in appropriate detail all expenditures for the past fiscal year;

B. Prior to the beginning of the State's fiscal year, provide the Board with an approved foundation budget(s) containing estimated or anticipated unrestricted revenue and expenditures by both major object and programmatic area, including proposed supplemental compensation to university officials, faculty, employees and athletic staff;

C. Provide access to the foundations for Board internal audit staff to routinely monitor compliance with Board policy, determine the value, if any, of university provided service and facilities, highlight major non-budgeted expenditures of unrestricted funds of the foundations and evaluate major changes, if any, in the structure, organization and operation of the foundations; and,

D. Encourage continuing communications between members of the Board of Trustees and directors of the various foundations. At a minimum, there should be annual meetings between Board members, the Executive Committee of the Foundations' Board of Directors and the Institutional Executive Officers.

(BT Minutes, 9/93; 1/98)

SECTION 400 - FACULTY AND STAFF

401 TENURED AND NON-TENURED EMPLOYEES OF INSTITUTIONS OF HIGHER LEARNING IN MISSISSIPPI

401.01 AUTHORIZATION FOR EMPLOYMENT

By statute, the Board has the power and authority to contract with all deans, professors, and other members of the teaching staff and all administrative employees of said institutions for a term not exceeding four years. Although the law does not empower the Board to contract for indefinite periods, its bylaws provide that "It shall be the policy of the Board to elect all officials for a definite tenure of service and to re-elect during the period of satisfactory service." The Board also empowers the executive heads of the institutions to "adopt policies of continuing employment for the purpose of making nominations for the teaching positions." All amendments, revisions, additions and reductions to employee contracts are subject to approval by the Board.

(BT Minutes, 3/91; 2/98)

401.0101 STATUTE APPLICABLE

The Board shall have the power and authority to elect heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff and all administrative employees of said institutions for a term of not exceeding four years. The Board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the Board to permit the executive head of each institution to nominate for election by the Board all subordinate employees of the institution over which he presides. It shall be the policy of the Board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The Board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.

Miss. Code Ann., Section 37-101-15(F), as amended.

(See Section 201.0605 and Section 301.04, D.)

(BT Minutes, 3/91; 2/98)

401.0102 DELEGATION OF AUTHORITY

Acting under appropriate statutory authority, the Board of Trustees hereby empowers the Commissioner and the Institutional Executive Officers of the several institutions to make all appointments and promotions of faculty and staff except as otherwise noted below:

a. Board approval shall be required for creation, appointment, elimination, or significant modification of the position of Vice Chancellor, Provost, Vice President, Dean, or Associate/Assistant Provost, Vice President or Vice Chancellor who supervises Deans. Board approval shall also be required for the appointment of any employee making a salary of $50,000 or more.

b. Board approval shall be required for the award of tenure, the final, involuntary separation of an employee to be effective during the term of an employment contract, and where applicable creation, elimination, or modification of categories of appointments as approved by the Board.

c. Acceptance of the resignation of an employee with a written contract on behalf of the Board may be made by the Commissioner for the System Office and the Institutional Executive Officers of the several institutions.

The Commissioner shall prepare and submit quarterly reports of employment for election by the Board in accordance with Miss. Code Ann., §37-101-15(f), as amended.

(BT Minutes, 3/91; 7/98)

401.0103 SALARIES AND COMPENSATION

The Commissioner, after consultation with the Institutional Executive Officers, shall annually develop guidelines for the award of salary increases which shall be approved by the Board.

With respect to additional compensation for additional service, the Institutional Executive Officers are hereby empowered to grant and expend institutional funds for additional service. Each institution shall prepare an annual report of additional compensation and submit to the Board by August 1 for the preceding fiscal year. This report shall include but not be limited to employee name, original contract amount, amount of additional compensation paid and total compensation for the reporting year.

(BT Minutes, 3/98)

402 ORGANIZATIONAL STRUCTURE

402.01 FACULTY DEFINED

The teaching staff and those members of the administrative staff having academic rank in a college, university or other educational institution or one of its divisions. In all institutions the faculty will consist of the Corps of Instruction and the administrative officers with faculty rank.

A. Corps of Instruction:

Full-time professors, associate professors, assistant professors, instructors, lecturers, and teaching personnel with such other titles as may be approved by the Board, shall be the Corps of Instruction. Full-time research and extension personnel and duly certified librarians may be included in the Corps of Instruction on the basis of comparable training. Persons holding adjunct appointments or other honorary titles shall not be considered to be members of the faculty.

B. Administrative Officers:

Faculty status of full-time administrative officers will necessarily vary with the size and complexity of the institution. A faculty member who has academic rank and rights of tenure in the Corps of Instruction and who accepts an appointment to an administrative office shall retain his/her academic rank and rights of tenure as an ex officio member of the Corps of Instruction but shall have no rights of tenure in the administrative office to which he has been appointed. The additional salary, if any, for the administrative position shall be stated in the employment contract and shall not be paid to the faculty member when he or she ceases to hold the administrative position. In all other cases of an individual becoming a full-time member of the faculty after relinquishing an administrative position, his or her salary shall be determined on the basis of such individual’s qualifications as a faculty member. An administrative officer having faculty status shall retain privileges of faculty membership. Administrative officers shall be nominated by the Institutional Executive Officer for election by the Board, as provided in Section 401.0102.

(BT Minutes, 3/91; 3/98)

402.02 STANDARDS FOR FACULTY RANKING

The minimum academic requirements for rank are set out hereinafter. Institutions are encouraged to establish other criteria unique to their mission.

A. Professor:

1. Doctoral or other terminal degree or equivalent

2. Successful teaching experience

3. Successful research and/or creative work

B. Associate Professor:

1. Doctoral or other terminal degree or equivalent

2. Successful teaching experience

3. Successful research and/or creative work

C. Assistant Professor:

1. Master's degree or the equivalent

2. One year of additional graduate work

D. Instructor:

Master's Degree or the equivalent

E. Other Equivalent Ranks:

Other ranks equivalent to the above designations may be proposed by the Institutional Executive Officer to the Board for approval. Such ranks may reflect assignments in medical and/or health related, agricultural, research, and other special areas.

(BT Minutes, 3/91; 2/98)

402.03 PROMOTIONS IN RANK

Heads of institutions in making decisions regarding ranks and promotions in rank shall take into consideration evidence of professional achievement and academic growth to include but not necessarily be limited to the following:

Professional training and experience;

Effectiveness of teaching;

Effectiveness in interpersonal relationships, including professional ethics,

cooperativeness, resourcefulness and

responsibility; Professional growth, such as research, publications and creative

activities; Service and other non-teaching activities which reflect favorably upon the institution.

(BT Minutes, 3/91; 2/98)

403 TENURE TRACK FACULTY

403.01 TENURE DEFINED

Tenure is defined as continuing employment that may be granted to a faculty member after a probationary period upon nomination by the Institutional Executive Officer for election by the Board. Tenured faculty are protected from dismissal except for those reasons set forth in this section below. Faculty are tenured to a department unless otherwise designated by the Board.

In the interpretation of this principle it is understood that the following represent acceptable academic practice.

(BT Minutes, 3/91; 2/98)

403.0101 MINIMUM STANDARDS FOR TENURED EMPLOYMENT

Beginning with appointment to any professorial rank (assistant professor, associate professor, professor), a faculty member may be recommended for tenure after completing a probationary period of five to seven academic years, up to three of which may have been met in the rank of instructor. Upon written agreement between the institution and the faculty member, credit up to a maximum of four (4) years toward fulfillment of the minimum probationary period may be allowed for service at one or more other institutions of higher education. Such credit toward the probationary period transferred from another institution must be determined at the time of initial appointment to rank. Such allowance is to be granted only to an individual who possesses exceptional professional qualifications and achievements and is not to be construed as exempting said individual from any other institutional policies and procedures governing the awarding of tenure.

Once the probationary period has been successfully completed, a professor of any rank, if reappointed, may be awarded tenure. For tenure to be awarded, the Institutional Executive Officer must make a recommendation to the Board in writing. Only faculty members of professorial rank can be awarded tenure. The award of tenure is not vested until notice of the award is given in writing by the Institutional Executive Officer, after approval by the Board, and the written notice is actually received by the faculty member.

Faculty members who transfer from one institution to another within the Mississippi system are subject to the same probationary period in a given institution as any other faculty member who is new to the system.

At the time of initial employment by the Board, an administrative employee whose preceding employment included faculty rank and tenure may be granted tenure only if so recommended by the department (or equivalent academic unit), the Dean, the Provost/Vice President, and the President and approved by the Board.

There shall be appropriate tenure/grievance committees at the institutions.

(BT Minutes, 3/91; 2/98)

403.0102 NOTICE OF NON-RENEWAL OF TENURE TRACK FACULTY

1. Notice of intention not to renew a tenure track faculty member shall be furnished in writing according to the following schedule:

a. not later than March 1 before the date of termination during the first year of service,

b. not later than December 1 before the date of termination during the second year of service,

c. not later than September 1 before the date of termination of a contract after two or more years of service in the institution.

This schedule of notification does not apply to persons holding temporary or part-time positions, or persons with courtesy appointments, such as adjunct appointments.

(BT Minutes, 3/91; 2/98)

403.0103 TENURED FACULTY DISMISSAL

1. Termination of service of a tenured faculty member is made only under these extraordinary circumstances:

a. Financial exigencies as declared by the Board;

b. Termination or reduction of programs, academic or administrative units as approved by the Board;

c. Malfeasance, inefficiency or contumacious conduct; or

d. For cause.

(BT Minutes, 3/91; 2/98)

2. Termination for cause of a tenured faculty member or the dismissal for cause of a faculty member prior to the expiration of a term appointment shall not be recommended by the Institutional Executive Officer until the faculty member has been afforded the opportunity for a hearing. In no event shall the contract of a tenured faculty member be terminated for cause without the faculty member being afforded the opportunity for a hearing.

In all cases, the faculty member shall be informed in writing of the proposed action against him/her and that he/she has the opportunity to be heard in his/her own defense. Within ten (10) calendar days of notification of the proposed action and opportunity to be heard, the faculty member shall state in writing his/her desire to have a hearing. He/she shall be permitted to have with him/her an adviser of his/her own choosing who may be an attorney. The institution is directed to record (suitable for transcription) all hearings. In the hearing of charges of incompetence, the testimony shall include that of faculty and other scholars. Any decision made by a hearing body shall be a recommendation to the Institutional Executive Officer. Tenured faculty members, who are dismissed for reasons stated as follows:

a. financial exigencies as declared by the Board;

or

b. termination or reduction of programs, academic units and/or administrative units as approved by the Board;

shall remain employed for a minimum of 9-12 months, consistent with current contract, periods of time, from date of notification.

Tenured faculty members, who are dismissed for reasons stated as follows:

c. malfeasance, inefficiency or contumacious conduct; or

d. for cause;

shall have their contracts terminated at any time subsequent to notice and hearing with no right to continued employment for any period of time. At the discretion of the Institutional Executive Officer, any faculty member's salary may be paid, and he/she may be relieved of all teaching duties, assignments, appointments and privileges when he/she is dismissed for any reasons stated above or pending a termination hearing.

(BT Minutes, 3/91; 2/98)

403.0104 APPEALS

1. Conditions of Appeals to the Board of Trustees:

Miss. Code Ann., Section 37-101-15 sets forth the general obligations of the Board of Trustees of State Institutions of Higher Learning with respect to employment at the various institutions of higher learning. It is the policy of the Board to consider appeals of faculty personnel decisions only after the aggrieved faculty member has exhausted all administrative remedies at the institutional level. In the event that an appeal to the Board is requested by the aggrieved party, the Institutional Executive Officer shall transmit to the Board the full report of the grievance/tenure committee concerning the matter appealed.

The individual allegedly aggrieved will be allowed to submit a written statement of his grievance to the Commissioner within a thirty (30) day period following notification of the decision of the Institutional Executive Officer. No persons will appear personally before the Board unless invited.

If review is allowed by the Board, only the record developed at the institution will be reviewed. Review by the Board is not a matter of right, but is within the sound discretion of the Board. Review by the Board, if granted, is only on the record made at the lower level. No new evidence may be submitted on appeal.

2. Review of Appeal by the Board:

The Board, upon receipt of such an appeal, shall review the records of the institutional committee's hearing and all documentation relative to the personnel decision. The Board reserves the right to correct an omission or other inaccuracy in the record submitted upon suggestion by either party or upon its own motion. The Board shall then determine the following:

a. If the institutional due process procedures were followed;

and/or

b. If the decision was arbitrary or capricious.

The Board, after reviewing the written argument and documentary evidence, shall affirm the decision of the Institutional Executive Officer or make another decision which shall be final and binding.

(BT Minutes, 3/91; 4/98)

403.02 OTHER FACULTY GRIEVANCES AND APPEALS

403.0201 GRIEVANCE DEFINED

A grievance is defined as the claim of an individual employee that there has been a violation, misinterpretation or misapplication of a rule, policy or procedure in relation to personnel policies, including working hours, working conditions, leaves, promotions and other conditions of employment.

(BT Minutes, 3/91; 2/98)

403.0202 APPEALS TO THE BOARD CONCERNING GRIEVANCES

Grievances are not appealable to the Board. The decision of the Institutional Executive Officer is final and binding.

(BT Minutes, 3/91; 2/98)

403.03 PROGRAM MODIFICATION

As part of its broad constitutional authority to manage, the Board shall exercise its authority to modify programs offered by the Universities generally or at various units of the Universities.

Miss. Const. Art. VIII, Section 213-A

Miss. Code Ann., Section 37-101-13, as amended.

(BT Minutes, 3/91; 2/98)

403.04 TENURE OF INSTITUTIONAL EXECUTIVE OFFICERS

Institutional Executive Officers, upon appointment, will be concurrently appointed to the faculty in his/her discipline at the rank of full professor. After successful completion of five (5) years of service as Institutional Executive Officer, the incumbent may be tenured as full professor in the designated department at the discretion of the Board. Tenure shall carry the usual rights and privileges as specified in Board and Institutional Policy. In the event that the Institutional Executive Officer resigns and elects to remain with the institution, the salary as a professor shall be determined based upon the appropriate consideration of teaching, research, public service and salary conditions in the discipline.

(BT Minutes, 3/91; 2/98)

404 NON-TENURE TRACK FACULTY

404.01 NON-TENURE TRACK DEFINED

Universities are authorized to establish professional positions designated as non-tenure track positions. Each institution shall prepare annually, along with its budget, a list of positions so designed for submission for approval by the Institutional Executive Officer. Subsequent requests for such designations submitted during the budget year must also be approved by the Institutional Executive Officer. Positions designated as non-tenure track positions may be converted to the other type only with approval by the Institutional Executive Officer.

Non-tenure track faculty positions may be established for full-time professional faculty personnel employed in technical, special, career, research and public service programs or programs which are anticipated to have a limited lifespan or which are funded, fully or partially, through non-system sources. There shall be no maximum time limitation for service in positions in this category.

The following provisions shall apply to all non-tenure track personnel:

1. Individuals employed in non-tenure track positions shall not be eligible for consideration for the award of tenure. Individuals in non-tenure track positions may not have their status converted to tenure track positions. However, they are eligible to apply for tenure track positions.

2. Individuals employed in non-tenure track positions may apply, on an equal basis with other candidates, for tenure track positions which may become available.

(BT Minutes, 3/91; 2/98)

404.02 NOTICE OF NON-RENEWAL OR TERMINATION OF NON-TENURE TRACK PERSONNEL

1. Notice of intention not to renew non-tenure track personnel shall be furnished in writing thirty (30) days prior to the expiration date of the contract. Notice of non-Renewal of employees with written contracts, other than those covered in § 403.0102, is 30 days.

2. Lack of Funds - Notice of termination of non-tenure track personnel prior to expiration of the contract

due to a lack of funds shall be furnished in writing thirty (30) days prior to the termination.

(BT Minutes, 3/91; 2/98)

405 GRIEVANCE PROCEDURE FOR NON-FACULTY POSITIONS

405.01 GRIEVANCE DEFINED

A grievance is defined as the claim of an individual employee that there has been a violation, misinterpretation or misapplication of a rule, policy or procedure in relation to personnel policies, including working hours, working conditions, leaves, promotions and other conditions of employment.

(BT Minutes, 3/91; 2/98)

405.02 APPEALS

If all previous steps have not led to a satisfactory settlement of a problem, the Chief Personnel Officer will place it before the university grievance committee. The committee's purpose is to review the problem thoroughly and make a decision which is appealable to the Institutional Executive Officer. Upon completion of the hearing, the committee will have five (5) working days in which to make a decision. The decision will be promptly communicated within five (5) working days to the employee and the administration in writing. The decision of the

committee will be subject to review by the Institutional Executive Officer. The decision of the Institutional Executive Officer shall be final.

(BT Minutes 3/91; 2/98)

406 MEDICAL CENTER EMPLOYMENT POLICIES

406.01 GENERAL POLICY

In recognition of the Medical Center's unique role and needs, the Board of Trustees adopted special salary and employment policies for this institution. Specific policies will be on file with the Commissioner in the Board office and will be made available upon request.

(BT Minutes, 3/91; 2/98)

407 EVALUATION OF EMPLOYEES

407.01 GENERAL POLICY

Institutions shall have evaluation procedures for all employees. A general description of procedures shall be on file at the Board office.

(BT Minutes, 3/91; 2/98)

408 EDUCATIONAL AND SABBATICAL LEAVE

408.01 GRADUATE AND POST-DOCTORAL STUDY:

The policy of the institutions has been to encourage leaves of absence for graduate and post-doctoral study. For this purpose, leaves are granted for a school year, a semester or, on occasions, a part of a semester. No salary is paid by the institution for the period of the leave, except under the provisions of the Board's sabbatical leave policy.

Miss. Code Ann., Section 37-101-183, as amended.

(BT Minutes, 9/90; 2/98)

408.02 UPGRADING CREDENTIALS

Any member of the faculties of Alcorn State University, Jackson State University and Mississippi Valley State University shall be eligible for leave of absence to pursue advanced academic training so as to elevate the scholastic qualifications of the faculties of these above-mentioned universities, in line with the requirement of the several accrediting agencies. In no instance shall leave be granted unless there is a contract providing for continued service, after expiration of the leave, in the university where the faculty member is employed.

The Board of Trustees of State Institutions of Higher Learning is hereby authorized to make payment of salary, or such part of salary as may be decided, of such faculty members who are under contract for academic leaves.

Miss. Code Ann., Section 37-101-181, as amended.

Under provisions of the Plan of Compliance (1974), incumbent personnel of each institution will have opportunities to upgrade their employment credentials sufficiently to be promoted and to be offered new positions; leaves of absence are to be made available to minority faculty members for this purpose.

(BT Minutes, 9/90; 2/98)

 

408.03 SABBATICAL LEAVE

A. QUALIFICATIONS:

Any members of the faculty of the State Institutions of Higher Learning of the State of Mississippi shall be eligible for sabbatical leaves, for the purpose of professional improvement, for not more than two semesters immediately following any twelve or more consecutive semesters of active service in the institutions of higher learning of this state where such faculty member is employed or for not more than one semester immediately following any six or more consecutive semesters of such service. Absence on sick leave shall not be deemed to interrupt the active service herein provided for.

Miss. Code Ann., Section 37-101-183, as amended.

(BT Minutes, 9/90; 2/98)

B. APPLICATION:

Applications for sabbatical leave shall be made to the Institutional Executive Officers and submitted

to the Commissioner for consideration by the Board.

Approval or disapproval of the applications for sabbatical leave shall be made on the basis of regulations prescribed by the Board.

(BT Minutes, 9/90; 2/98)

C. CONTRACTUAL AGREEMENTS:

Any person who is granted sabbatical leave and who fails to comply with the provisions of such leave as approved by the State Institutions of Higher Learning may have his or her leave terminated by the Board. No person on sabbatical leave can be denied any regular increment of increase in salary because of absence on sabbatical leave.

Service on sabbatical leave shall count as active service for the purpose of retirement and contributions to the retirement fund shall be continued.

In order to provide for the above leaves, the Board shall have power to adopt rules and regulations regarding such leave. In no instance shall leave be granted unless there is a contract providing for continued service, after expiration of the leave, in the college where the faculty member is employed.

Every person on sabbatical leave shall enjoy all the rights and privileges pertaining to his or her employment in the Institutions of Higher Leaning in which such person is employed, which such person would have enjoyed if in active service during such leave in the position from which such leave was taken.

Miss. Code Ann., Section 37-101-183, as amended.

(BT Minutes, 9/90; 2/98)

D. COMPENSATION:

The Board is hereby authorized to make payment of salary, or such part of salary as may be decided for such faculty members who are under contract for academic leaves. No salary is paid by the institution for the period of leave, except under the provisions of sabbatical leave policy. Each person

granted sabbatical leave may receive and be paid compensation up to the rate of fifty percent of such person's annual salary. Compensation payable to persons on sabbatical leave shall be paid at the same time and in the same manner salaries of the other members of the faculty are paid.

Miss. Code Ann., Section 37-101-183, as amended.

(BT Minutes, 9/90; 2/98)

E. BENEFITS:

A faculty member on sabbatical leave remains a full-time employee of the Board with all benefits and responsibilities continued by law. These rights and benefits include those of retirement, insurance, housing, longevity, and other benefits.

(BT Minutes, 9/90; 2/98)

F. INSTITUTIONAL QUOTA:

No more than 4 percent of the full-time regular faculty of any one institution may be on sabbatical leave during any one semester.

(BT Minutes, 9/90; 2/98)

408.04 PROFESSIONAL LEAVE

Any actively contributing member of the Public Employees’ Retirement System who has at least four (4) years of membership service credit and who receives, or has received, professional leave without compensation for professional purposes directly related to the employment in state service shall receive creditable service for the period of professional leave without compensation provided: