Chapter VI - Delegations of Authority
A. GENERAL DELEGATIONS OF AUTHORITY
The major authority and powers of the Board, the President, and of the University Administration are set forth in this Chapter. In accordance with the Will of Thomas Green Clemson, the Board of Trustees retains “full authority and power to regulate all matters pertaining to” the University. In order to promote the efficient and timely management of the University, the Board hereby delegates authority for the majority of legal, financial, personnel, and facilities issues to the President of the University. Included in this delegation is the duty to exercise such authority responsibly and prudently and to be held accountable to the Board for all decisions. Any powers hereby delegated by the Board may be rescinded by action of the Board.
B. GENERAL DELEGATION OF AUTHORITY TO THE PRESIDENT
In the event of an emergency which poses an imminent threat of harm to the University, including loss or damage to persons or property such as might be posed by a pandemic or act of terrorism, the President of the University shall notify the Board of Trustees and request that the Board declare a state of emergency and authorize the President to exercise emergency powers, including but not limited to the authority to suspend classes and other University operations. The Board shall have the discretion to delegate some or all of its powers to the President in an emergency depending upon the facts and circumstances of each case. The President shall have the authority to declare a state of emergency and to make such steps, without delay, as may be reasonable under the circumstances to avoid or mitigate loss or damage to persons or property until such time as a quorum of the Board may be convened. In the event the President is unable to act in an emergency, the President’s official delegate shall have the authority to act in any manner ascribed to the President by this Manual. Any action taken by the Board or the President pursuant to this policy shall be temporary in nature and shall be effective only for the duration of the state of emergency, unless otherwise ratified by action of the Board. Once declared, a state of emergency shall exist until such time as rescinded by the Board, upon recommendation of the President.
The President is delegated the authority to make decisions concerning the temporary suspension of classes and University operations in the event of general emergencies, adverse weather conditions, utility outages, athletic events and similar occurrences. Temporary suspensions of no more than three (3) days do not require convening of the Board per the above paragraph.
C. GENERAL DELEGATION OF AUTHORITY TO THE PRESIDENT
The Board of Trustees delegates to the President all powers and authority required for the orderly management and operation of the University with the exception of those powers specifically reserved to the Board of Trustees, as described in this Chapter. The President shall have the right to sub-delegate any of those powers and authority hereby conferred to other University administrators. This delegation of authority to the administrative and academic officers will be clearly defined in a delegation of authority policy promulgated by the President. Those general powers delegated to the President shall include but are not limited to:
- Develop basic long-range objectives of the University
- Operate as the chief executive of the University
- Give leadership to all phases of University planning
- Coordinate the work of all units of the University
- Carry out major public relations functions
- Evaluate results achieved against plans
- Appoint staff who report to the President
- Develop plans for achieving basic University objectives
- Develop short- and long-range plans for the University
- Recommend clear guidelines for the University development
- Implement administrative policies
- Manage operating budgets and controlling expenditures within approved limitations
- Oversee administrative control
- Evaluate results secured
- Invest funds under policy authority
- Manage an enterprise-wide risk management framework
The President and other administrators, designated by the President, may review and comment on any policy matters under consideration by the Board, except that the President and other administrators may not comment upon policies related to the function of the Board unless specifically requested by the Board.
D. AUTHORITY RETAINED BY THE BOARD
In addition to the general authority granted to it by the terms of the Will of Thomas Green Clemson, and notwithstanding the delegation of authority conferred upon the President of the University and stated above, the Board of Trustees retains certain, specific authority to itself. These specific powers include:
- Develop basic long-range objectives of the University
- Establish basic policy for achieving long-range objectives
- Provide policy instruction for long-range planning
- Elect and remove the President of the University and the Executive Secretary to the Board
- Maintain ownership of the assets of the University
- Oversee the evaluation of the University
- Ensure appropriate policy and systems are in place and functional to appropriately manage risk at an enterprise level
- Approve the purchase, sale, trade and/or transfer of real estate (by an nine (9) or more affirmative vote)
- Grant and acquire easements and rights of way that have not been specifically requested by the Administration for the benefit of University facilities or for the relocation of easements and rights of ways previously approved by the Board when it is in the best interest of the University
- Approve leases/licenses of real estate involving Clemson University and a third party except for:
- those leases pertaining to student/employee housing areas
- student/employee parking areas
- stadium box seats and other stadium or coliseum seats
- lecture halls, theaters, athletic areas, recreation areas and any other area for a period of less than seven days
- leases and licenses having an annual value of $100,000 or less
- Approve bond resolutions and issue bonds
- Approve capital improvement projects or changes to capital improvement projects which require the formal approval of the S.C. Joint Bond Review Committee at a public meeting
- Approve project changes or change orders, including project changes or change orders which include add-alternates, and having a value of 3% or more of the approved project budget or which result in a cumulative increase of 3% or more of the approved project budget. Changes to the approved project budget comprised solely of add-alternates included in the original, approved project budget do not require Board approval. Approval of project change orders shall be by the Chair of the Board of Trustees and the Chair of the Finance & Facilities Committee and shall not require approval of the full Board.
- Approve both the project concept and the final project budget, and such approvals may occur at the same time or in two or more steps.
- Approve the demolition of any campus structure of 5,000 square feet or more in size
- Approve academic and student room and board fees which include: matriculation fees, full-time student, part-time student, graduate, graduate assistant and off-campus academic fees, tuition fees, laboratory fees, residence hall fees, meal plan fees and all other fees applicable to students. Votes shall be recorded with the number voting for and against.
- Approve the annual budget for the University
July 2018
