Part III - 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 Any powers hereby delegated by the Board may be rescinded by action of the Board.

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 Once declared, a state of emergency shall exist until such time as rescinded by the Board, upon recommendation of the President.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 3 days do not require convening of the Board per the above paragraph.

The Board of Trustees delegates to the President all powers and authority required for the orderly management and operation of the University except for 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

• Operate as the chief executive officer 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
• Authorize claims to be brought in the name of the University, defend claims made against the University, respond to administrative and regulatory actions against the University,and settle all the above within the bounds of authority retained by the Board and the limits of any transactional authority policies adopted by the Board
• 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.

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 a nine (9) or more affirmative votes)
• 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 SC 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 and 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 5000 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

Section 5.01 SELECTION OF THE PRESIDENT

The selection of a President is the most significant duty exercised by the Clemson University Board of Trustees. In past years the Trustee Manual has contained a Presidential Selection Process, but the Trustees have determined that a static process may not adequately address the needs of the University in light of the many varying circumstances that necessitate a presidential search. Accordingly, the Board of Trustees has determined that a search process will be developed and approved as needed, and the process will be tailored to the circumstances existing at the time.

Desirable Qualifications

The Board believes the following to be desirable qualifications for a President. While no candidate will meet all of these qualifications, these are selection criteria for candidate evaluation. None of the following either individually or in combination with others shall represent a specific requirement for selection.

1. Background
   1. Recognize the importance of scholarship. An academic background, though not necessary, might be helpful
   2. Hold at least an undergraduate degree. Additional post-graduate degrees would be beneficial
   3. Have a wholesome family life
   4. Understand fully the teaching, research, and public service functions of the University
   5. Understand the role of public universities
   6. Understand fully the unique role of a land-grant university
   7. Be fully sensitive to the needs and desires of students
   8. Articulate well and expand on the University’s problems, accomplishments, and future goals
   9. Be able to educate all University constituencies on the development of the institution
   10. Be a well-seasoned and effective administrator or executive in either the private or public sector
   11. Be able to set goals and move toward them with a firm pace
   12. Have astute political sense
   13. Be able to provide a good evaluation of results
   14. Possess management skills to guide ongoing University planning and reorganization accomplished through strategic planning undergirded with continuous improvement and assessment
   15. Have a commanding demeanor
2. Personal Qualifications

   The successful candidate should have personal qualifications that will support the successful leadership of a major educational enterprise. They would include:

   1. Ability to coordinate all academic activities of a large university
   2. Ability to gain full recognition from the faculty, students and Trustees as an effective academic and administrative leader
   3. Ability to make persuasive presentations to the various governmental agencies, the Legislature and the numerous constituencies of the University
   4. Potential to make a significant contribution to the development of higher education in South Carolina
   5. Ability to attract and retain recognized scholars as members of the faculty
   6. Capability of securing gifts and grants for the University that enable it to do those unique things that make for a great learning and research center

Section 5.02 DUTIES OF THE PRESIDENT

1. Responsibilities of the President to the Board of Trustees
   1. The President is the chief executive officer of the University with complete responsibility to the Board for operating within the policy mandates of the Board.
   2. The President is responsible to the Board for recommending policies that, when adopted, become the governing rules by which the University operates.
   3. The authority and responsibility for the governance of the University is vested by the Will of Thomas Green Clemson and by statute in the Board of Trustees.
   4. The President is the only officer with an overview of the University as a whole. The responsibility for preserving the internal viability of the institution and for dealing extensively with constituencies outside the academic community make the President well qualified to advise the Board in its decision making.
   5. Under the South Carolina Freedom of Information Act, the President’s recommendations to the Board and the Board decisions, with few exceptions, are made in public meetings.
   6. The President shall keep the Board informed of major occurrences at the University and the progress the University is making toward achieving the strategic goals set by the Board. The President shall consult with and keep the Chair informed on these matters and obtain the Chair’s guidance regarding updates to the entire Board between regular Board meetings.
2. Responsibilities of the President to the Faculty
   1. The President is responsible for providing leadership in academic, as well as in other affairs, of the University.
   2. The President encourages innovative academic ideas and programs and ensures that the full capabilities of the University are coordinated to accomplish its mission of providing quality education.
3. Responsibilities of the President to the Students

   The President is charged with the responsibility of providing leadership in both academic and extracurricular programs to enhance student accomplishments, student life, and student activities.

4. Public Service Responsibilities of the President

   The President is charged with the responsibility of providing leadership in both academic and extracurricular programs to enhance student accomplishments, student life, and student activities.

   • Livestock and Poultry Health Inspection
   • Fertilizer and Pesticide Control
   • Seed Certification
5. Mission of the University
   1. The President is the leader in pursuing the mission of the University and shaping its role in higher education and public service in South Carolina
   2. The President is the leader in developing the primary goals and objectives of all parts of the University
   3. In coordinating achievement of goals, the President utilizes a system of total quality management (strategic planning undergirded with continuous improvement and assessment)
   4. The President must, at the same time, be responsive to diverse constituencies, including: governors and legislators, students, faculty, community members, corporate partners and philanthropic interests.
6. Short- and Long-range Planning
   1. The President, with aid from the vice presidents, has ultimate responsibility for planning both the short- and long-term development of the University for consideration by the Board of Trustees.
   2. Planning is continuous and documented.
   3. The planning is based on an academic plan supported by facilities planning, financial planning, administrative planning, development planning and student affairs planning.
   4. The President provides major input to the guidance of the research programs of the University.
7. Meeting the Challenges of the Future
   1. The future will continue to present Clemson University with challenges, all of which will require outstanding leadership, ability and guidance from the President.
   2. The President must develop a strong, cohesive and aggressive management organization at Clemson University
   3. The President must recognize that energy, health and man’s [one’s] potential are all critical to South Carolina’s development and that of the world.
   4. Because of the critical importance of agriculture to South Carolina and to the entire world, the President must be an innovative planner for Clemson’s role in agriculture.
   5. The President must be particularly innovative in the cost/benefit analysis of all programs, determining specifically how Clemson will grow or control its growth, and how Clemson can lead rather than merely react to the problems encountered.
   6. The President must be the leader of active capital campaign fund-raising efforts
8. Major Role in Public Relations

   The President must supply particular leadership to the University’s total public relations program, including relationships with students, faculty, staff, the various governments, the General Assembly, the Commission on Higher Education, the Alumni Association, the University Foundation, the intercollegiate athletic programs, the various economic interests and to all of the other segments of the public which the University serves through its many public service programs.

   The President shall actively participate in functions and events calculated to result in financial contributions for the benefit of the University. As part of this responsibility, the President shall be required to live in the President's Home on campus and to regularly host events for the benefit of the University at the Home.
9. Evaluation of Results Achieved
   1. One of the fundamental roles of the President is the process of evaluating what has been accomplished compared to what had been planned.
   2. The President not only leads in regular evaluations, but uses them as a primary means of informing the Board of the University’s problems and progress.
10. The Board’s Chief Administrator
    1. The President is the conduit from the Board to the Administration.
    2. The President works through the established levels of Administrators, but must also ensure that the channels of communication are working well, that assignments are fully understood, that there is a firm commitment to goal setting, and that the future of each unit is well-planned.
11. . Institutional Research
    1. The President must see that sufficient institutional research is planned and being carried out so as to equip the University to set goals, develop standards, use funds available with prudence, and equip the institution to grow with confidence in its future development.
    2. Without Presidential leadership, goal setting, planning, and institutional research, the University cannot be in firm control of its own destiny and assured that “drift”is minimized
12. The Program for Manpower Development
    1. The President must see that a well-balanced program of manpower planning is used to provide needed staff replacements.
    2. This includes the development of a strong layer of second-level management so as to ensure the ability to meet the University’s primary needs for management strength.
    3. This manpower planning should be performed for both the academic and the administrative functions of the University.

Section 5.03 EVALUATION OF THE PRESIDENT

The President is evaluated annually by the Board of Trustees. As the chief executive of a state agency, the President is also evaluated by the South Carolina Agency Head Salary Commission.

The Chair of the Board, with the assistance of the Executive Secretary, shall follow the Agency Head Performance Evaluation Process as prescribed by the Agency Head Salary Commission. The current version of the Agency Head Performance Evaluation Process is included as Appendix B of this Manual.

In addition to following the state evaluation process, the Chair shall annually solicit feedback concerning the President’s performance from all members of the Board of Trustees. The Chairshall compile the Trustees’ feedback and prepare an evaluation of the President’s performance for the prior year, which the Chair shall then discuss in a private conference with the President. If possible, the Chair shall also create each year an opportunity for the Trustees and the President to discuss the opportunities and challenges facing the University in the coming year.

Section 6.01 INTERNAL AUDITING DIVISION POLICY

The Board of Trustees is committed to the proposition that University activities should be independently audited on a periodic basis as a service to management. The Board’s goal is that the External and/or State Auditor will never report a serious audit finding because the University’s internal audit function will have already discovered problems and presented them to management for timely solutions. The Director of Internal Auditing reports functionally to the Board of Trustees through the Executive & Audit Committee and administratively to the Executive Vice President and Chief Operating Officer.

The Director of Internal Audit shall be responsible for bringing to the immediate attention of the Chair of the Board and the President any audit, or parts of an audit, that reflect practices, procedures, or actions that vary substantially from normal or sound business practices. The Chair of the Board and the President, alone or in consultation with the Executive & Audit Committee, shall determine whether the President should take corrective actions regarding such audits or whether it should maintain it as information.

The Executive & Audit Committee of the Board was formed to assist the Board in its oversight function. The Committee meets with various audit constituencies to discuss audit results and other issues relevant to University administration.

The internal audit division shall be solely employed by and be responsible to the Board of Trustees. The internal auditors shall have complete access to all information and to all reports from any of the vice presidential positions, especially in the budget and finance area. A synopsis of all internal audit reports shall be submitted directly to the Chair of the Board on a monthly basis and to the Executive and Audit Committee twice per year. The Executive and Audit Committee shall be kept fully informed by the Director of Internal Auditing of all follow-up responses and corrective actions taken by the offices and subjects of the audits.

The Director of Internal Auditing is authorized to direct a broad, comprehensive program of internal auditing that provides assurance and consulting services for Clemson University and its related organizations. Authorization is granted for full and complete access to any records, either manual or electronic, physical properties, and personnel relevant to the assurance or consulting engagement. Internal Auditing shall have the authority to review and appraise policies, plans, procedures, and records. Documents and information given to internal auditors during an engagement will be handled in the same prudent manner as those employees normally accountable for such information. The Office of Internal Auditing has no direct responsibility or authority over any of the activities or operations for which it performs services. Internal Auditing’s services do not relieve University administration of their assigned responsibilities.

To accomplish its mission, the Office of Internal Auditing strives to:

• Identify the significant risks to the University’s operations and information and help ensure policies and controls are in place to minimize these risks.
• Develop and implement audit plans and programs that respond to risk and costeffective criteria.
• Review and evaluate policies and internal controls.
• Review the reliability, integrity and availability of data.
• Help ensure compliance with applicable policies, laws and regulations.
• Identify inefficient and ineffective operations and provide practical and effective recommendations for improvement.
• Review the means of safeguarding assets and, as appropriate, verify the existence of such assets.
• Review and appraise the economy and efficiency with which resources are employed.
• Review and appraise the economy and efficiency with which resources are employed. • Investigate substantive allegations of fraud, waste and abuse of University assets in a legal and objective manner to identify responsible parties and quantify losses.
• Maintain a staff of qualified professional employees who are knowledgeable of the University’s policies, procedures, and operations.
• Maintain operating standards consistent with those established by the Institute of Internal Auditors.
• Communicate recommendations to University management and other Interested parties by producing clear, effective and timely reports.

The recommendations outlined in Internal Auditing Division reports are submitted as constructive suggestions to assist in strengthening controls and procedures. Any Trustee may review in person any audit in the Office of Internal Auditing.