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SUBJECT: 300s: Governance and Organization EFFECTIVE: February 27, 2014
Section: 304.1 Chancellor/Commissioner of Higher Education: Authority and Responsibilities

  1. The terms 'Commissioner' and 'Chancellor' shall be used interchangeably throughout this manual.

  2. Consistent with Policy 100.6, the Chancellor serves as the chief executive officer of the Board and North Dakota University System (NDUS). The Chancellor is empowered to execute all documents and exercise all powers necessary to the discharge of that office. Operating under the overall direction and policy control of the Board, the Chancellor:

    1. Provides vision and overall leadership for the NDUS and a single focus of accountability to the state and its citizens.

    2. Shall be the chief executive and administrative authority for the NDUS

    3. Serves as the primary link between the Board's responsibilities for policy and the presidents' responsibilities for operations.

    4. Promotes and preserves the overall mission and goals of the NDUS by working with each institution president to plan, build, and sustain appropriate academic and co-curricular programs and initiatives that minimize duplication and link NDUS resources to state, regional, and national needs.

    5. Working in conjunction with the presidents, proposes to the Board short- and long-term planning goals, policies, and actions which serve the best interests of the NDUS.

    6. Working in conjunction with the presidents, promulgates guidelines and regulations for the consistent interpretation and application of Board policies.

    7. Monitors and evaluates the performance of the presidents and the institutions in pursuit of their established missions and goals.

    8. Serves as the "voice" of the NDUS to the citizens, governor, state legislature, and the Board regarding the capacity of the NDUS in meeting the priorities of the state and other matters not reserved to the Board.

    9. Communicates the needs of the state to the NDUS community.

    10. Serves as a "shield" against outside interference in NDUS and institutional matters.

    11. Working in conjunction with the presidents, develops inter-institution cooperative academic and operational programs and services designed to reduce cost while improving efficiencies and accountability.

    12. Ensures that the office of the Chancellor can meet NDUS responsibilities that include academic policy, planning, and quality assessment; capital planning and construction; budgeting; human resources policy and compliance; institutional research; risk management; auditing; legal services; information technology systems and services shared among the institutions; and legislative and community relations.

    13. Serves as the channel of communication between the Board and all subordinate administrative officers and personnel, including presidents.

    14. May consult with each institution's constituency groups through the presidents on matters which the Chancellor deems appropriate for constituency involvement.

    15. Administers the academic, financial, and other functions of the NDUS in a manner which assures support for the approved mission of each campus.

    16. Directs the activities of the presidents in a manner which promotes the general welfare of the NDUS while, at the same time, ensuring support for the approved mission of each institution.

    17. Evaluates the performances of the presidents on an annual basis.

    18. Balances the sometimes competing interests of the institutions.

  3. Among other duties and responsibilities, the Chancellor shall:

    1. Execute and administer the policies, decisions, and rules of the Board;

    2. Prepare policy recommendations for the Board's consideration.

    3. Exercise administrative control, consonant with Board policy, over inter-institutional matters including, but not limited to, those pertaining to budgets, curriculum, research, and public service, and extension activities.

    4. Appoint, determine the composition of and delegate duties to such committees or councils as the chancellor deems advisable.

    5. Subject to applicable Board policies, make recommendations to the Board concerning appointment and compensation and other terms of employment for institution presidents.

    6. Provide for the administration and staffing of the NDUS office.

    7. Following recommendations of the college or university president, make recommendations to the Board regarding tenure.

    8. Review and approve or refuse to approve dismissal or termination of an appointment of an institution's chief finance officer or internal auditor.

    9. Serve as the official representative of the Board and the institutions and entities it governs to the legislature, to the Governor, to the executive branch, and to other governmental entities.

    10. Serve as the channel of communications between the Board and all NDUS administrative officers and personnel. In this connection, the Chancellor shall have direct access to the Board and, in conjunction with the presidents, inform and advise the Board with respect to operations of the NDUS and its institutions.

    11. Act on behalf of the Board during the interim between meetings provided that the Chancellor shall promptly inform the Board President and report and request ratification of the action taken at the next Board meeting.

    12. Act on behalf of the Board as the sole authority authorized to request opinions from the Attorney General's office and coordinate all legal services of the institutions and entities governed by the Board.

    13. Approve, on behalf of the Board, grants that have been recommended by the grant review committee established by N.D.C.C. 15-10-51.

    14. Exercise such other authority and perform such other responsibilities as may be assigned by the Board.

  4. In exercising this authority and carrying out these responsibilities, the chancellor shall at all times conform to and advocate the Board's beliefs and core values.

  5. The Chancellor shall establish a process or forum enabling presidents to provide advice to the Chancellor regarding matters affecting the university system. The Chancellor shall ensure that NDUS institutions cooperate to improve academic offerings, expand access to education, promote faculty development, improve support services, reduce unnecessary duplication and enhance efficiency.

  6. The Chancellor serves at the pleasure of the Board. The Chancellor shall have a written contract for a term not to exceed three years. The Board shall annually evaluate the Chancellor's performance as provided in Policy 604.2. Subject to satisfactory performance, the Board may each year extend the Chancellor's contract for an additional term of not more than three years. The Board may, based on its annual evaluation of Chancellor performance and in its discretion, decide to not extend the term of a contract or give notice that a contract will not be renewed beyond the end of a current term.

  7. The Board may dismiss the Chancellor for just cause during a contract term, following written notice of its intent to do so and an opportunity for an evidentiary hearing. The board may appoint a hearing officer or administrative law judge to conduct the hearing before the Board.

  8. A tenured faculty member at an NDUS-governed institution who is appointed Chancellor may retain the tenured status at that institution during the term as Chancellor. The Board, at the time of initial appointment or thereafter and commensurate with qualifications, may award a tenured full professorship to an individual appointed Chancellor if the individual has had a tenured full professorship appointment at another institution prior to or at the time of the appointment.

    Article I, Section 7.A., portion of Article I, Section 7.B

Reference: NDUS Procedure - 301  

SBHE Minutes, February 18-19, 1982, page 5003.
Amendment SBHE Minutes, May 24-25, 1990, page 6003.
Amendment SBHE Minutes, January 20, 1994, page 6427.
Amendment SBHE Minutes, May 21, 1998, page 6889.
Amendment SBHE Minutes, June 19, 1998, page 6903.
Amendment SBHE Minutes, February 17-18, 2000.
Amendment SBHE Minutes, April 15, 2004.
Amendment SBHE Minutes, September 26, 2012.
Amendment SBHE Minutes, February 27, 2014.
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