2007 Reaffirmation Teams :: 2.2 - 2007 Reaffirmation Teams

2007 Reaffirmation Teams

2.2 - 2007 Reaffirmation Teams

The institution has a governing board of at least five members that is the legal body with specific authority over the institution. The board is an active policy-making body for the institution and is ultimately responsible for ensuring that the financial resources of the institution are adequate to provide a sound educational program. The board is not controlled by a minority of board members or by organizations or interests separate from it. Both the presiding officer of the board and a majority of other voting members of the board are free of any contractual, employment, or personal or familial financial interest in the institution.

Compliance Judgment

Compliance

Narrative

Section 65.11 of the Texas Education Code (TEC) designates the Board of Regents of The University of Texas System (UT System) as the governing body of The University of Texas at Dallas (UT Dallas) [1]. The TEC also designates the Board of Regents as the governing body of the UT System. The authority of the board “to provide for the maintenance, support, and direction” of UT Dallas is set forth in the Regents’ Rules and Regulations, Series 10101 [2]. With the recent addition of a student regent, the board has 10 members, all of whom are free of contractual, employment, or personal or familial financial interest in UT Dallas. Detailed information about these individuals can be found by clicking on their names at the UT System’s website [3].

The Board of Regents of the UT System is appointed by the governor and confirmed by the Texas senate. The student regent serves a one year term; the other nine regents serve staggered, six-year terms so that three members’ terms expire on February 1 of odd-numbered years [3]. The board has broad fiscal responsibilities for UT System institutions and, as discussed in Principle 3.2.3 [4], is regulated by the Texas Government Code (TGC) so that there are no financial, contractual, or employment conflicts of interest [5]. The TEC, in Sections 65.11 [1] and 65.31 [6], as well as Series 30104 [7] of the Regents’ Rules and Regulations, provides for the composition, governance, and authority of the board.

TEC Section 65.31 states that the board is authorized to: (1) “govern, operate, support, and maintain each of the component institutions that are now or may hereafter be included in a part of The University of Texas System,” (2) “prescribe for each of the component institutions courses and programs leading to such degrees as are customarily offered in outstanding American universities, and to award all such degrees,” (3) “promulgate and enforce such other rules and regulations for the operation, control, and management of the university system and the component institutions thereof as the board may deem either necessary or desirable,” (4) “make joint appointments in the component institutions under its governance,” (5) “administer gifts, grants, or donations of any kind, from any source, for use by the system or any of the component institutions of the system,” and (6) “delegate a power or duty of the board to a committee, officer, employee, or other agent of the board.” Section 65.11 requires that the Board of Regents administer the institutions under the board’s supervision “in such a way as will achieve maximum operating efficiency.”

TGC 572.001 requires that no state officer or state employee may “have a direct or indirect interest, including financial or other interest” in business transactions or professional activities, and TGC 572.001 also sets “a basis for discipline of those who refuse to abide by its terms [8].” Series 30104 of the Regents’ Rules and Regulations reiterates state law against conflicts of interest: “It is the law of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer’s or employee’s duties in the public interest.” Series 30104 also requires written disclosures and states that failure to follow is “grounds for disciplinary action, including termination [7].” Board members are also required to abide by the UT System Ethics Standards as outlined in Series 20501 for accounting, operating budget, and legislative appropriation requests [9].

The board holds regular meetings typically in February, May, July, August, November, and December. Meeting minutes are well documented and are available for public viewing on the UT System’s website (a historical collection of meeting minutes is also cataloged on the board’s website [10]). Board meeting minutes document that the board’s agenda is appropriate given the responsibilities outlined in the Regents’ Rules and Regulations and that the board focuses on issues of institutional policy, mission, and financial practicality [11]. The minutes also demonstrate that the board is not controlled by a minority of board members or by organizations or interests separate from it.

Supporting Documents

Footnote Document
[1]Texas Education Code 65.11 Board of Regents
PDF Document, 1 Page, 10.06 KB (bylaw1057)
[2]Series 10101 Authority
PDF Document, 2 Pages, 18.95 KB (rule1000)
[3]Biographical and contact information for the Regents of The University of Texas System
http://go.utdallas.edu/ark1/www.utsystem.edu/bor/currentregents.html
[4]Principle 3.2.3 - Board - Conflict of Interest (u307)
Link to UT Dallas 2007-ccr Compliance Certification Report
[5]Texas Government Code 572 Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest
PDF Document, 13 Pages, 87.20 KB (bylaw1060)
[6]Texas Education Code 65.31 General Powers and Duties
PDF Document, 1 Page, 10.65 KB (bylaw1058)
[7]Series 30104 Conflict of Interest
PDF Document, 2 Pages, 19.70 KB (rule1033)
[8]Texas Government Code 572.001 Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest: Policy Legislative Intent
PDF Document, 1 Page, 10.23 KB (bylaw1059)
[9]Series 20501, Board of Regents, Accounting Operating Budget and Legislative Appropriation Requests
PDF Document, 3 Pages, 16.54 KB (rule1025)
[10]Minutes of the meeting of the Board of Regents, available by search across decades
http://go.utdallas.edu/ark1/www.utsystem.edu/bor/meetings/minutes.html
[11]UT System Board of Regents Approval of UT Dallas Mission Statement
PDF Document, 2 Pages, 459.17 KB (minutes1028)
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