As you compose your replies to your peers, discuss whether or not you think a board of trustees can develop educational policies that are legally sound with the onset of new and fluctuating laws and r
Nicholis Dicussion:
Kaplin & Lee (2009) bring up the different types of authority a board of trustees may have. They mention, express authority, implied authority, apparent authority and inherent authority. Authority can vary from private to public institutions and from state to state. Trustees must be aware of the scope of authority in which they are able to operate in order to avoid litigation that could arise from their actions. State constitutions and laws play a large role how trustees can enact authority, thus the importance to know the scope of their authority and the bylaws that enforce institution rules.
There are a lot of pressures that can arise from internal and external sources that may force a board of trustees to act against what they may see as best fit for academia at an institution. Brown and Hayford (2019) referent the pressure that may come from committees that work with the institution that represent different populations of people, internally and externally. While the trustees may have curriculum and sound educational principles in mind, these committees may seek litigation if they feel they are being discriminated against or if they feel their rights are being violated through the decisions of the trustees. Brown and Hayford mention the pressures to increase course offerings and lower tuition from committees who feel underrepresented or neglected which has led to a decreased value in grades and decreased quality of educators as they struggle to keep up with salary demands.
References:
Brown, A., & Hayford, E. (2019). How Boards Lead Small Colleges. Johns Hopkins University Press.
Kaplin, W. A., & Lee, B. A. (2009). A legal guide for student affairs professionals. John Wiley & Sons.
Melvina Discussion:
3-1 Discussion: Trustee Governance
By law, the board of trustees is the governing body for an institution. The role of the board is to oversee the running of the institution and also take part in institutional fundraising, strategic planning, and ensuring sensible management. The board is also responsible for creating and implementing effective education policies that direct the actions of an institution (Kaplin& Lee, 2009). However, today the role of the board of trustees is not only ensuring the efficient running of an institution but also ensure compliance with laws, regulations, and policies. The University Of The State Of New York in its statement on the Governance Role of “a Trustee or Board Member states that a trustee/board member has a responsibility to insure that the institution’s resources are dedicated to the fulfillment of its mission. The member also has a duty to ensure that the institution complies with all applicable laws and does not engage in any unauthorized activities” (The University of the State of New York, 2010). They also have a duty to assess any risk associated with the validity and reliability of the institution’s financial data and monitoring compliance with laws and regulations applicable to the institution’s operations. In most cases, legal and regulatory requirements will dictate which policies and issues receive board-level approval, so is the board fails in complying with any such provision, they will be held accountable. Therefore they have to ensure that they work efficiently while protecting the organization and themselves from unexpected liability. They have to adequately monitor the institution’s internal control system s and running to ensure maximum compliance.
References
Kaplin, W. A., & Lee, B. A. (2009). A legal guide for student affairs professionals. John Wiley & Sons.
The University of the State of New York (2010). Statement on the Governance Role of a Trustee or Board Member. Retrieved from https://www.suny.edu/media/suny/content-assets/documents/boardoftrustees/BOT-AGB-role-of-a-trustee.pdf
