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Comprehensive Standards 3.2.2.3

The legal authority and operating control of the institution are clearly defined for the following areas within the institution’s governance structure institutional policy, including policies concerning related and affiliated corporate entities and all auxiliary services. (Governance and Administration)

compliance

Summary

Cape Fear Community College (CFCC) demonstrates compliance with this Comprehensive Standard with evidence that the legal authority and operating control for institutional policies of the College are clearly defined in its governance structure as authorized by legislation of the North Carolina General Assembly. Further definition is provided in the North Carolina Administrative Code, the CFCC Board of Trustees By-Laws, and in the President’s job description.

Narrative

The legal authority and operating control of Cape Fear Community College for the purpose of institutional policy-making are clearly defined in the governance structure of the College as authorized by legislation of the North Carolina General Assembly (Powers and Duties of the Board). Governance of the College is further defined by policies, rules, and procedures as promulgated in accord with state and federal laws by the North Carolina State Board of Community Colleges (Authorization), the CFCC Board of Trustees (By-Laws pg 5), and College officials (CFCC Faculty and Staff Handbook).

Cape Fear Community College has a governing board that serves as a body corporate as established by an act of the North Carolina General Assembly and cited in Chapter 115D-14 of the General Statutes of North Carolina (Body Corporate). According to the General Statutes, the Board of Trustees possesses all the powers of a body corporate for the purposes created by, or that may exist under provisions of, the laws of the State of North Carolina. These purposes include, but are not limited to, the power to enable the Board to acquire, hold, and transfer real and personal property, to enter into contracts, to institute and defend legal actions and suits, and to exercise such other rights and privileges as may be necessary for the management and administration of the local College and for carrying out all the applicable provisions and purposes of Chapter 115D of the General Statutes of North Carolina.

All college policies and procedures are established and revised in accordance with the North Carolina General Statutes and the North Carolina Administrative Code. As noted in the CFCC Board of Trustees Operations Manual (Powers and Duties of the Board of Trustees pg 5), CFCC operates under the direction and control of the Board, which is empowered to formulate, approve and adopt policies and standards necessary for the administration, operation, management, and development of the College.

Proposals for new or revised policies are submitted to the College Council, which reviews the proposals and makes recommendations to the Board of Trustees for approval. The CFCC Board of Trustees meets bi-monthly and minutes of the board meetings provide evidence that the board is an active policy-making body for the College (March 24, 2005 Board Minutes pg 5 )

The President of CFCC is employed by and reports directly to the CFCC Board of Trustees. The job description of the President, which is approved by the Board of Trustees, clearly states the President has a duty to “assign responsibility for administrative implementation of board policies and state regulations and procedures pertaining to all college programs, services, and activities.” Furthermore, the President’s job description empowers the President to “Interpret and apply Federal, State, and local policies, procedures, laws and regulations, including regional accreditation requirements” and to “Develop, plan and implement, with Board participation, college goals and objectives as well as policies and procedures necessary to provide college services; recommend new or modified programs and systems, and administrative and personnel policies and procedures.” (President’s Job Description).

There are no related corporate entities. The CFCC Foundation is the only non-profit corporate entity affiliated with the College. The Foundation is incorporated, has its own By-Laws and operates under the legal authority and control of its Board of Directors, which includes the Chairman of the CFCC Board of Trustees and the College President as ex officio members (Foundation By-Laws pg 3). The CFCC Faculty and Staff Handbook contains policies and procedures as they relate to the CFCC Foundation in Section IV-Resource Development (CFCC Faculty and Staff Handbook).

The President’s job description clearly states that the President, as chief executive officer of the institution, has ultimate control of the institution’s fund-raising activities. Furthermore, the College’s organizational chart (Organizational Charts) clearly indicates that the President directly supervises the Foundation’s executive director. The President and Vice President of Business Services of the College are responsible for approving expenditures and signing all checks issued by the Foundation (Foundation By-Laws pg 4).

Auxiliary services at CFCC provide support to students, faculty, staff, and programs. These services include those provided by the bookstore, cafeteria, child development center, and parking. Financial oversight of CFCC’s auxiliary services is centralized under the Vice President of Business Services, who is responsible for administering all business and financial transactions of the institution. The College’s accounting procedures provide guidance for recording revenue and expenses related to all business activities. By adhering to internal and external policies and procedures, the College maintains legal authority and operating control of all auxiliary services. Additionally, the College President has full authority and responsibility for the operation of the College under the rules and polices set forth by the State Board of Community Colleges, as further outlined in the Bylaws of the CFCC Board of Trustees, and as described in the President’s job description.

Documentation

Source Location

Powers and Duties of the Board,
North Carolina General Statutes, Chapter 115D-20

ncgs115D_20.pdf

Authorization,
North Carolina Administrative Code,
Title 23, Chapter 2 Subchapter C, Section .0101

ncac23_02c_0101.pdf

By-Laws,
CFCC Board of Trustees By-Laws,
Article IV: Powers and Duties of Trustees (pg 5)

bot_bylaws.pdf

CFCC Faculty and Staff Handbook,
Section 1.13.1: Major Powers and Duties

handbook2005.htm

Body Corporate,
North Carolina General Statutes, Chapter 115D-14
ncgs115D_14.pdf
Powers and Duties of Trustees,
CFCC Board of Trustees Operations Manual,
Article II, 115D-20 (pg 5)
bot_oper_manual.pdf
See bookmarks
Board Minutes,
CFCC Board of Trustees Minutes
March 24, 2005 (pg 5)
bot_minutes032405.pdf
President’s Job Description,
Cape Fear Community College
presjobdescr_111605.pdf
Foundation By-Laws,
Article IV: Board of Directors (pg 3)
foundation_policyproced0605.pdf
CFCC Faculty and Staff Handbook,
Section 4.1: CFCC Foundation, Inc.
handbook2005.htm
Organizational Charts,
Cape Fear Community College
orgcharts.pdf

Foundation By-Laws,
Article V: Officers (pg 4)

foundation_policyproced0605.pdf

 

 

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