Creating New Policies

 

 


I. POLICY PURPOSE AND INTENT 

 

It is essential that the Florida Agricultural and Mechanical University ("FAMU" or “University), in discharging its obligations and achieving its stated objectives, have uniform policymaking. By providing a framework for the creation and revision of regulations, policies, and internal operating procedures, this Policy is established to ensure that all University regulations, policies, and internal operating procedures are developed and adopted with uniformity.

 


 II. STATEMENT OF POLICY

Regulations and policies are adopted to provide reference and guidance in the administration, operation, management or implementation of the various programs, services, facilities, and activities of FAMU. Such regulations and policies shall be consistent with the Florida Board of Governors Regulation Development Procedure for State University Board of Trustees and FAMU Board of Trustees ("FAMU BOT") regulations.

The University President has the authority and responsibility for developing, recommending, and implementing regulations and policies, and the authority to establish a uniform procedure for policymaking.

The University President has further delegated some of his/her authority to various University Officials, such as vice presidents. Vice presidents are charged with the responsibility for creating, implementing, and updating University policies in his/her respective departments when statutes, rules, and regulations do not provide specific guidance, or do not offer procedures or implementation directives necessary for efficient University operations. Such policies must be approved in accordance with procedures outlined herein. However, the final determination of whether a particular matter should be governed by a regulation or policy will be made by the University President, in consultation with the Office of the General Counsel (OGC), if necessary.

 


III. REGULATIONS, POLICIES AND INTERNAL OPERATING PROCEDURES 

  1. Regulations are statements of broad and general applicability, and are university-wide laws adopted by the FAMU BOT  under specific authority of the BOG. Regulations are required to be enacted in certain areas or are chosen to govern certain rights or interests of University constituents or those outside of the University community and must be consistent with state and federal law.

    1. Select Regulations pertain to subject matters that must be adopted as regulations such as: student tuition and fees to include parking fees, admissions, articulation and require approval by the FAMU BOT and BOG prior to becoming effective. 

  2. Policies are a detailed system of guidelines that implement state and federal law and BOG and FAMU BOT regulations; assist with institutional compliance of laws and regulations; promote operational and management efficiencies; implement the various programs, services, facilities, and activities of FAMU; and/or enhance FAMU’s mission. Policies are adopted by the FAMU BOT or the University President under the specific executive authorities granted by the FAMU BOT. FAMU has two types of policies, which are FAMU BOT and University policies.

    1. Board of Trustees Policies (BOT Policies) are policies that implement state and federal law or BOG Regulations, and require FAMU BOT approval. BOT Policies become effective upon adoption by the FAMU BOT in a noticed open meeting.

    2. University Policies are statements to implement FAMU BOT regulations to assist with the conduct, compliance and operational efficiencies of FAMU. University policies must be approved by the University President and become effective upon the President's signature.

  3. Internal Operating Procedures (Internal Guidelines, Procedures or Protocols) (“IOPs”) are area specific procedures with limited application that are approved by the appropriate vice president and do not apply University-wide. IOPs affect activities under the authority of only one Vice President, addressing matters within the operational authority of the administrative or academic unit. IOPs may have detailed instructions, definitions, and/or forms that facilitate policy compliance. IOPs must not create or contain policy. 

 


IV. PROCEDURES, APPROVALS, AND RESPONSIBILITIES

A. Development of Regulations - Regulations will be adopted in accordance with the BOG Regulations Development Procedure. The University President, through the appropriate vice president, must ensure the accuracy of all new or revised regulations within the vice president’s particular area of responsibility and authority, prior to the new or revised regulation being submitted to the FAMU BOT. 

  1. A draft of the proposed regulation, whether new or revised, must be developed by the University President or the responsible vice president, along with his/her designees, in accordance with law and BOG regulations.

    1. New and revised regulations are to be submitted in a redlined format in accordance with FAMU’s regulation format.

  2. Proposed regulations must be reviewed by all affected Divisions, Departments or Units.

  3. The proposed regulation is then forwarded to the Office of the General Counsel ("OGC") to review for consistent form prior to the adoption or amendment by the FAMU BOT. If the proposed draft regulation is inconsistent in form or substance as determined by the OGC, then it will be returned to the responsible vice president for appropriate revision. 

  4. Once the OGC has reviewed the proposed regulation, the responsible vice president will then provide the proposed regulation to the Senior Leadership Team for review and comments. 

  5. Once the comments are reviewed and no further modification is needed, the proposed draft regulation will be submitted by the responsible vice president to the FAMU BOT’s liaison for placement on the respective FAMU BOT committee and the full FAMU BOT agendas for final review and approval.
     
    1. FAMU BOT Action Item coversheet must accompany the proposed regulation which shall include the subject, rationale, and recommendation for the proposed regulation.

  6. Once the Board of Trustees has voted to approve the proposed regulation, the approved regulation will be published for 30 days by the OGC. After 30 days of publication and if no substantive comments are received, the regulation becomes effective. Select regulations are submitted to the BOG for final review and take effect after BOG approval.

    1. Regulation Development Notice must accompany the proposed regulation.

    2. An electronic version of the final copy of the proposed regulation shall be submitted along with the redlined version. 

  7. Corrections to Adopted Regulations. When the substance of a regulation is not altered, the Corporate Secretary of the FAMU BOT is authorized to make appropriate corrections after publication of the adopted regulation. When there is a minor or technical correction(s) required that is not substantive in nature, the responsible vice president shall notify the OGC who will review the corrections prior to publication of the corrected regulation. Examples are: updates to hyperlinks, formatting, punctuation, and spelling will be made on a regular basis. Technical amendments include minor corrections of FAMU BOT regulations that include administrative titles or customary language usage changes.

  8. Rescission of Adopted Regulation. The University President or responsible vice president

B. Development of New or Revised Policies

  1. FAMU BOT policies will be adopted as outlined below.
    1. A draft of the proposed policy, whether new or revised, must be developed by the responsible University Official, along with his/her designees, in accordance with the policy format specified herein. Policies to be revised are to be submitted in a redlined format.

    2. The responsible University Official must ensure the accuracy of all new or revised policies within his/her particular area of responsibility and authority, prior to the new or revised policy being submitted to the FAMU BOT. Proposed policies must be reviewed by the respective staff of the Division, Department or Unit and by all affected departments.

    3. The proposed policy is then forwarded to the OGC for review for consistent form and legality prior to the adoption or amendment by the FAMU BOT. If the proposed draft policy is inconsistent in form or substance as determined by the OGC, then it will be returned to the responsible University Official for appropriate modification.

    4. Once the OGC has reviewed the proposed policy, the responsible vice president then submits the proposed policy to the Senior Leadership Team.

      1. Once the comments are reviewed and no further modification is needed, the proposed draft policy will be submitted to the FAMU BOT for final review and approval. A FAMU BOT Action Item coversheet must accompany the proposed policy which shall include the subject, rationale, and recommendation for the proposed policy.

    5. Once the FAMU BOT has voted to approve the proposed policy, the approved policy takes effect on the date of the approval, and will be published through the OGC. A final copy of the proposed policy shall be submitted along with the redlined version.
      1. Revisions to Approved Policies. Policies to be revised are to be submitted in a redlined format. A final copy of the proposed policy shall be submitted along with the redlined version. Once the revised version is in effect, the older policy is automatically rescinded.

      2. Corrections to Approved Policies. When the substance of a policy is not altered, the Corporate Secretary of the FAMU Board of Trustees is authorized to make appropriate corrections after publication of the approved policy. When there is a minor or technical correction(s) required that is not substantive in nature, the responsible vice president shall notify the OGC, which will review the corrections prior to publication of the corrected FAMU BOT policy. Examples are: updates to hyperlinks, formatting, punctuation, and spelling will be made on a regular basis. Technical amendments include minor corrections of FAMU BOT policies that include administrative titles or customary language usage changes.

      3. Rescission of Approved Policies. A responsible vice president may request that an approved policy be rescinded. The request, along with a detailed explanation for the proposed rescission, must be submitted in writing to the OGC and approved by the FAMU BOT.

  1. Internal Operating Procedures will be adopted as outlined below:
    1. Proposed IOPs, whether new or revised, must be developed by the responsible vice president or his or her designee in accordance with the IOP format specified. IOPs must be published on the responsible division/department/unit’s webpage herein.

    2. IOPs become effective upon signature by the responsible vice president or if delegated, the associate vice president of the responsible department. 

    3. IOPs must be published on the responsible division/department/unit’s webpage.

 


V. Administrative Areas of Responsibility

    1. Academic Affairs will normally propose regulations, policies and procedures regarding academic and other matters related to the institution’s mission of teaching, research and service.

    2. Administrative and Financial Services will normally propose regulations, policies and procedures primarily in the areas of administrative services, campus business services, cost allocation services, human resources, financial services, facilities planning, construction and maintenance.

    3. Office of Communications will normally propose regulations, policies and procedures primarily in the areas of marketing and branding, FAMU logos, institutional development, community relations, special events, media protocols, and public records.

    4. Student Affairs will normally propose regulations, policies and procedures in areas pertaining primarily to student government, student housing, recreation, counseling, student involvement, student recruitment, public safety, and the promotion of student development and learning, and fundraising.

    5.  Research will propose regulations, policies and procedures that pertain to sponsored programs, export control, general research, and research contracts and grants. Research University policies will be numbered as 4, e.g. UP–4–26, as it is a related unit of Academic Affairs.

    6. Strategic Planning and Institutional Effectiveness will propose policies and procedures in various areas in order to provide guidance and ensure compliance with the University’s strategic plan, assessment, and accreditation. University policies will be numbered pursuant to the areas that will be impacted and signatory approval will be required of the impacted vice president.

    7. General Administration will propose regulations, policies and procedures in areas that report directly to the University President, such as Athletics and the Office of Communications and matters addressed by Audit and Compliance and Legal Affairs. These policies will be numbered as 1, e.g. UP–01–26.

 


VI. General

    1. Publication. To promote transparency and to ensure that regulations and policies are made widely available to the University community, new or revised regulations, or policies must be electronically published on the University’s and the Department's/Unit’s webpage with a prominent separate link.

    2. Each vice president must designate at least one regulation and policy representative for its Division. 

    3. The appropriate vice president is responsible for an annual review of their respective policies and procedures.

    4. Conflict. If policies conflict with regulations, then regulations supersede policies. If FAMU BOT policies or University policies conflict, then the newest version supersedes the older version. The older version of the University policy which conflicts will be automatically rescinded by the newer policy language.