2007 Reaffirmation Teams :: 3.2.2.4 - 2007 Reaffirmation Teams

2007 Reaffirmation Teams

3.2.2.4 - 2007 Reaffirmation Teams

The legal authority and operating control of the institution are clearly defined for the following areas within the institution's governance structure: related foundations (athletic, research, etc.) and other corporate entities whose primary purpose is to support the institution and/or its programs.

Compliance Judgment

Compliance

Narrative

The legal authority and operating control that governs The University of Texas at Dallas (UT Dallas) are clearly defined in UT Dallas’ governance structure as outlined by state laws, The University of Texas System (UT System) policies, and local UT Dallas policies and procedures. As discussed in the response to Principle 2.4 [1], UT Dallas has a clearly defined mission that has been legally authorized by the State of Texas, the Texas Higher Education Coordinating Board (THECB), and UT System Board of Regents. Sections 51.352 [2] and 65.31 [3] of the Texas Education Code (TEC), authorize the UT System Board of Regents “to 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.” Furthermore, the Board is charged to “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” and may “delegate a power or duty of the board to a committee, officer, employee, or other agent of the board [3].” As discussed in the response to Principle 2.3 [4], the Board of Regents has delegated authority to make institutional policies to the president (with the appropriate input and oversight of the Office of General Counsel, the chancellor, and the executive vice chancellor for academic affairs).

Series 20201 (section 4.11) of Regents’ Rules and Regulations [5] provides the president of UT Dallas with the authority to assume active leadership in developing private fund support for the institution in accordance with Series 60101 of Regents’ Rules regarding the acceptance and administration of gifts [6].

UT Dallas does not have many athletic foundations, but the university has identified two organizations that are related foundations whose primary purpose is to support the university: the Callier Foundation and the Utley Foundation. These organizations are registered as independent not-for-profit organizations under the Internal Revenue Code Section 501 (c) (3) and 509(s) (2) qualifying for the primary purpose of supporting the instruction, research, and public service initiatives of the university. As indicated by the formal bylaws of these foundations, UT Dallas has no financial liability with these two organizations and the relationships are consistent with the university’s mission as indicated below.

The Callier Foundation was established for the purpose of enhancing the ability of the Callier Center for Communication Disorders [7], a component of UT Dallas, to grow its status as a major center serving the needs of the communication-impaired. The major activities of the Callier Foundation are (1) to serve as an active advocate for Callier and its needs in the local community, (2) to acquire, manage, and make available funds and other assets for use by Callier in maximizing its ability to perform research, service and other functions in support of its mission, and (3) to act as an advisory and consultative resource to the executive director of Callier [8] [9].

Dr. Thomas Campbell, the executive director of the Callier Center, and Dr. Ross Roeser, the director emeritus, are ex officio members of the Callier Foundation Board. The Callier Foundation Board minutes [10] [11], a Board membership list [12] and the Callier Foundation financial statement for the most recent year [13] are provided as evidence of the foundation’s activities in support of UT Dallas’ mission.

The Utley Foundation’s articles of incorporation and bylaws state that “The purposes for which the Corporation is organized and to be operated are exclusively charitable and educational within the meaning of section 501(c)(3) of the Code and, in accomplishment of such purposes, the Corporation will operate exclusively for the benefit of the University of Texas at Dallas … and any property owned by the Corporation will be used exclusively for the benefit of the University of Texas at Dallas [14] [15].”

The Utley Foundation owns and operates student housing for the benefit of UT Dallas. The Utley Foundation is the sole member of Waterview Park Apartments L.L.C. [16]. Dr. David Daniel, the president of UT Dallas, and Dr. Darrelene Rachavong, the vice president for student affairs, serve on the Board of the Utley Foundation. The Utley Foundation Board minutes [17] [18], a Board membership list [19] and the financial statement for the most recent year [20] are provided as evidence of the foundation’s activities in support of UT Dallas’ mission.

Supporting Documents

Footnote Document
[1]Principle 2.4 - Institutional Mission (u204)
Link to UT Dallas 2007-ccr Compliance Certification Report
[2]Texas Education Code 51.352 Responsibility of Governing Boards
PDF Document, 2 Pages, 9.21 KB (bylaw1013)
[3]Texas Education Code 65.31 General Powers and Duties
PDF Document, 1 Page, 10.65 KB (bylaw1058)
[4]Principle 2.3 - Chief Executive Officer (u203)
Link to UT Dallas 2007-ccr Compliance Certification Report
[5]Series 20201: Presidents
PDF Document, 6 Pages, 23.83 KB (rule1036)
[6]Series 60101: Acceptance and Administration of Gifts
PDF Document, 6 Pages, 30.62 KB (rule1048)
[7]Callier Center Homepage Website
PDF Document, 1 Page, 117.81 KB (statement1332)
[8]The Callier Foundation Bylaws
PDF Document, 5 Pages, 330.69 KB (bylaw1071)
[9]Callier Foundation Articles of Incorporation
PDF Document, 11 Pages, 1.58 MB (bylaw1042)
[10]Callier Board Meeting Minutes 20070303
PDF Document, 6 Pages, 341.83 KB (minutes1054)
[11]Callier Board Meeting Minutes 20070516
PDF Document, 4 Pages, 243.17 KB (minutes1055)
[12]Callier Board of Trustees
PDF Document, 2 Pages, 46.33 KB (list1062)
[13]Callier Financials 2006
PDF Document, 2 Pages, 12.53 KB (report1361)
[14]The Utley Foundation Articles of Incorporation
PDF Document, 7 Pages, 298.85 KB (charter1007)
[15]The Utley Foundation Bylaws
PDF Document, 15 Pages, 876.72 KB (bylaw1070)
[16]Waterview Park Apartments Restated Articles of Organization
PDF Document, 10 Pages, 2.26 MB (charter1009)
[17]The Utley Foundation Board Minutes 20060413
PDF Document, 3 Pages, 175.92 KB (minutes1052)
[18]The Utley Foundation Board Minutes 20061205
PDF Document, 3 Pages, 161.06 KB (minutes1053)
[19]The Utley Foundation Board of Directors
PDF Document, 1 Page, 30.66 KB (list1061)
[20]The Utley Foundation Financial Statement 2005 2006
PDF Document, 3 Pages, 118.07 KB (report1360)
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