Shepherd College Board of Governors Policy 1
TITLE : ADOPTION OR AMENDMENT OF POLICIESSECTION 1. GENERAL
1.1 Scope - This policy governs the adoption or amendment of policies of the Board consistent with Series 4 of the Policy Commission.
1.2 Authority - West Virginia Code § 18B-1-6; 18B-2A-4.
1.3 Effective Date SECTION 2. APPLICATION
2.1 This policy shall apply to the adoption, amendment, or repeal of any policy of the Board of Governors. It does not apply to administrative policies or guidelines established by administrators of the college for individual units, divisions, or departments which deal solely with internal management or responsibilities of those units, divisions, or departments. This policy does not apply to academic curriculum policies which do not constitute a mission change and which are developed and implemented by academic committees. This policy does not apply to subject-matter not included within the scope of Series 4 of the Policy Commission.
SECTION 3. PURPOSE
3.1 It is the purpose of the Board to encourage and facilitate, to the greatest reasonable degree, an active participatory governance process for the institution. To that end, this policy shall be implemented to encourage and foster notice and an opportunity for comment as to all institutional policies which come before the Board for review.
SECTION 4. NOTICE of DETERMINATION for REVIEW of NEW or CURRENT POLICY
4.1 The Board delegates to the President the authority to initiate the procedures under this policy by giving notice to faculty, staff, students and any other interested parties, including the Chancellor, of a determination to present a proposed or current policy of the Board for review or adoption. This notice shall solicit comments and suggestions regarding the determination. The notice shall also be posted on the web-page of the Board of Governors and a copy will be available at the Office of the President.
4.2 The notice shall reflect an anticipated time-line for the drafting of the new policy or amendment of existing policy, as applicable, and will encourage submission of comments and suggestions prior to that date. The time frame for such suggestions shall be not less than 14 calendar days from the date of notice.
SECTION 5. NOTICE of FIRST DRAFT of POLICY
5.1 Following the passage of the initial comment period, if the President determines that the institution should move forward, the President shall cause a draft proposal to be prepared. The President shall provide notice of the draft and an opportunity for comment to faculty, staff, students and any other interested parties, together with the Chancellor. The notice shall also be posted on the web-page of the Board of Governors and a copy will be available at the Office of the President.
5.2 This notice shall reflect an anticipated time-line for the preparation of a final draft of the new policy or amendment of existing policy, as applicable, and will encourage submission of comments and suggestions prior to that date. The time frame for such suggestions shall be not less than 14 calendar days from the date of this notice.
SECTION 6. MANAGEMENT of FINAL DRAFT of POLICY
6.1 Following the passage of the second comment period, the President may either present further drafts to the constituent groups for further comment, consistent with Section 5 herein, or may at his or her discretion proceed with submission of a proposal to the appropriate committee of the Board of Governors for review and possible Board action.
6.2 Upon presentation to a committee of the Board, a copy of the proposal shall be forwarded to the Chancellor with a request for any further comment.
SECTION 7. REPEAL of EXISTING POLICY
7.1 If the initial determination of the President, under Section 4 herein, is to repeal an existing policy rather than to adopt or amend a policy, then the procedures of Section 5 are inapplicable and following the close of the comment period the President shall make his recommendations, if any, to the appropriate committee of the Board consistent with Section 6.
SECTION 8. EMERGENCY ACTION
8.1 The Board delegates to and authorizes the President to determine, when necessary, that an emergency exists under which immediate action is necessary for the immediate preservation of the public peace, health, safety or welfare, or is necessary to comply with a time limitation established by state or federal law or regulation or a directive or rule of the Policy Commission, or to prevent substantial harm to the public interest, or to deal with financial exigency.
8.2 In such emergencies, the procedures delineated in Sections 4, 5, 6, and 7 herein may be modified as deemed necessary by the President, but such modifications shall be made with as much accommodation as possible to the Statement of Purpose herein.
8.3 The facts constituting an emergency shall be communicated in writing to the Chancellor at the time that the President makes the determination.