01.01 Scope and Authority of Policies
The official actions of the Board of Regents of The Texas A&M University System and its component universities, agencies, the Health Science Center (HSC), administrators, employees, and agents are governed by the following:
1. Federal and State Law
All policies of The Texas A&M University System are subject to all relevant laws, rules, and regulations of the federal government and the government of the State of Texas. It is the policy of the Board to comply with state and federal laws, rules, and regulations at all times. Any policy, regulation, rule or procedure found to be in conflict with a state or federal law, rule, or regulation shall be null and void to the extent of the conflict.
2. Board Bylaws
Board bylaws govern the organization and conduct of Board activities. The Board requires of its members compliance with all Board bylaws at all times.
3. System Policies
System policies guide the System by incorporating the Board of Regents' philosophies, expectations and priorities. System policies create administrative structures, set priorities, delegate authority, assign responsibility, insure accountability and define reporting requirements. System policies should be concise, understandable and contain minimal detail.
3.1 The Board shall formulate, update, adopt and publish official policies to establish direction for the System. The Chancellor is responsible for implementation of the policies adopted by the Board. The Board requires of its members, administrators, employees, agents, and students compliance with all System Policies at all times. Noncompliance with System Policies may be considered grounds for disciplinary action, up to and including termination of employees or expulsion of students.
3.2 The Chancellor is responsible for periodic review and recommendations to the Board on the renewal and/or revision of policies, and each policy must be reviewed at least every three years; however all policies are subject to review at any time on special call by any member of the Board or on the recommendation of the Chancellor. The Executive Secretary to the Board shall be responsible for maintaining an updated copy of System Policies.
4. System Regulations
4.1 The Chancellor shall establish System Regulations. System Regulations shall include specific regulations, procedures, and reporting requirements needed to implement System Policies and shall include interpretations where issues are not covered or are unclear in System Policies. System Regulations may also be used to communicate uniform rules, procedures, and reporting requirements established by the Chancellor on matters of overall System concern that are not specifically addressed in System Policies; and to provide for uniform compliance with fiscal, academic, research, human relations, and other management standards and requirements imposed from external federal or state law or agency rule. System Regulations are null and void to the extent they conflict with System Policies.
4.2 System Policies, as approved by the Board, along with System Regulations, as established by the Chancellor, shall be the basis for all University and Agency Rules.
5. System Administrative Memoranda
From time to time, in the conduct of System affairs, it is necessary for the Chancellor to issue uniform directions to component universities, agencies and the HSC with respect to a matter that is not fully addressed in System Policies or System Regulations and which frequently requires action within a given time frame. Communications of this nature will be distributed in a series of numbered System Administrative Memoranda and shall in all cases be in conformance with System Policy. The memoranda shall be included on the System Policies and System Regulations computer data base for easy reference.
6. University, Agency and HSC Rules
6.1 Component Rules shall be used as governance documents for the component consisting of:
(1) reporting requirements related to compliance with System Policies and System Regulations;
(2) matters unique to the institution or agency that are not specifically addressed in System Policies and System Regulations;
(3) delegations of authority;
(4) definitions of component administrative structures needed to govern the component; and
(5) matters unique to the university, agency, or HSC addressing uniform compliance with fiscal, academic, research, human relations, and other management standards and requirements imposed from external federal or state law or agency rule. University, Agency and HSC Rules are null and void to the extent they conflict with System Policies, System Regulations, or System Administrative Memoranda. Copies of Component Rules, and amendments thereto, shall be furnished to the Chancellor, who shall be responsible to assure consistency with System Policies and System Regulations.
6.2 Presidents and agency directors may issue memoranda giving direction to divisions and departments on matters related to their internal operations. Such directives shall make appropriate reference and be in compliance with published System Policies and System Regulations.
6.3 Universities, agencies and the HSC may distribute printed handbooks, bulletins, etc., to provide information to faculty, employees, students, or other constituent groups. Such materials shall, however, include a disclaimer which establishes the preeminent authority of System Policies, System Regulations and University, Agency or HSC Rules.
6.4 Component procedures shall be used to implement and operationalize System Policies, Regulations and Component Rules at the component level.
7. System Policy Manual
7.1 The System Policy Manual, comprised of all System Policies (Board directives), System Regulations (Chancellor directives) and University, Agency and HSC Rules (CEO directives) will be published and updated regularly in printed form and will be maintained on an electronic data base accessible by computer through Internet. Each policy, regulation and rule shall bear the date of its most recent revision. Component universities, agencies and the HSC are responsible for any desired reproduction and internal distribution of printed copy.
7.2 It shall be the responsibility of the Chief Executive Officer of each component to provide current rules, and amendments thereto, to the Chancellor's Office for inclusion in the manual. University, Agency and HSC Rules shall be reviewed by the Office of General Counsel and the Chancellor to assure legal sufficiency and consistency with System Policies and System Regulations.
7.3 It is the responsibility of the Chancellor and of each Chief Executive Officer to assure
(1) that copies of System Policies, System Regulations, and University, Agency or HSC Rules and all updates to such items are made available to all employees in positions of authority;
(2) that all such employees have training in the application of such policies, rules and regulations; and
(3) that all employees are trained in policies and procedures pertinent to their responsibilities.
7.4 Each member of the Board of Regents will be provided a copy of the System Policies, System Regulations, and University, Agency and HSC Rules.
CONTACT OFFICE: The System Office of Policy Implementation and Compliance