Amendments to the Regents’ Rules adopted since December 12, 2008 Last update: 10-11-2013 Chapter Section Missions Angelo State University Date of amendment 03-06-2009 Texas Tech University 05-14-2010 01 01.03 10-23-2009 01 01.05 12-17-2009 Missions Description of Amendment When the December 2008 revised edition of the Regents’ Rules was adopted, a section header for ASU was added to the Missions page, but no mission statement was included. At that time, ASU was in the process of revising its mission statement … so until the new ASU mission statement was ready, the Board decided to include the following statement for ASU: “(This section reserved for a new mission statement to be submitted by Angelo State University for approval by the Board of Regents.)” In March 2009, the Board approved a new mission statement for ASU, with that new mission statement being inserted into the Missions page of the Regents’ Rules. TTU proposed – and the Board approved – a revised Mission statement for Texas Tech University. Citations were added to Sec. 01.03 – the section on “Board conduct” – to reference a conflict of interest policy for Board members that had been adopted into Chapter 03 and investment conflict of interest provisions that had been incorporated into Chapter 09. The existing language of Sec. 01.05 that requires regents to serve in a non-voting capacity on internal support and advisory groups was turned into a new Sec. 01.05.1. A new Sec. 01.05.2 added a permanent exception so that regents may serve as voting members of search or search advisory committees without the need for the Board to grant exceptions on a case-by-case basis. Page 1 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 02 02.01.3.f 11-07-2012 02 02.02.3.e 10-12-2012 02 02.03.1.c 12-17-2009 02 02.03.3 12-17-2009 02 02.03.1, 02.03.2, 02.03.3, 02.03.4 & 02.03.5 11-07-2012 02 02.04.1 & 02.04.2 11-07-2012 Description of Amendment Section citations were updated to conform Section 02.01.3.f to revisions made in Sections 02.03.1, 02.03.2, and 02.03.3. A clarification was made regarding the role of presidents in fund raising for a president’s institution. For the appointment of presidents, flexibility was added regarding the appointment of an interim president during periods between Board meetings. A clarification was made regarding the process of annual performance evaluations of the chancellor, presidents, and certain TTUSA administrative officers. The revision continues current practices in conducting such performance evaluations. A new Sec. 02.03.1 – regarding appointment by the board of chancellors and presidents – was inserted. Sections previously numbered Sec. 02.03.1, 02.03.2, 02.03.3, and 02.03.4 were renumbered accordingly. Former Sec. 02.03.1.c – regarding the appointment, reporting, and dismissal or reassignment of a president – was deleted from the chancellor’s appointments section, as those provisions were moved under the new Sec. 02.03.1.b. Former Sec. 02.03.3 – regarding performance evaluations – was renumbered as Sec. 02.03.4, and the new Sec. 02.03.4.b was revised to reflect a change in the performance evaluations of presidents. Former Sec. 02.03.5 – regarding the salary of presidents – was deleted, as the salary of presidents was moved under the new Sec. 02.03.1.b(2). Provisions regarding the reporting line of presidents were revised to add a reference to the presidents having access to the board and the board having access to the presidents. Page 2 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 03 03.01.3 08-07-2009 03 03.01.3 12-17-2009 03 03.03 08-07-2009 03 03.03 12-16-2011 03 03.03.4 12-17-2009 03 03.04 12-17-2009 03 03.04 12-16-2011 Description of Amendment An existing conflict of interest subsection that applies to all officers and employees of the TTU System was re-labeled as “Conflict of interest – generally” … and a parenthetical note was added to reference a new conflict of interest subsection (Sec. 03.03) that applies only to regents. In the existing general conflict of interest subsection that applies to all officers and employees of the TTU System, a parenthetical note was revised to reference a new conflict of interest subsection (Sec. 03.04) that applies only to executive administration. A new conflict of interest policy applicable only to members of the Board of Regents was inserted as a new Sec. 03.03 … and all remaining sections were renumbered accordingly. Revisions throughout Sec. 03.03 were made to conform the policy on Board member conflicts of interest with recent changes in state law. In the regents’ conflict of interest policy, a provision regarding restrictions on parallel investments was deleted (and subsequent subsections were renumbered accordingly). This issue will be addressed in a new Long Term Investment Fund investment policy statement that is being developed. A new conflict of interest policy applicable only to members of executive administration was inserted as a new Sec. 03.04 … and all remaining sections were renumbered accordingly. Revisions throughout Sec. 03.04 were made to conform the policy on executive administration conflicts of interest with recent changes in state law. Page 3 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 03 03.04.5 12-17-2010 03 03.08 12-17-2010 03 all 10-11-2013 04 04.02 12-17-2009 Description of Amendment The General Counsel was added to the positions for which the Audit Committee chair resolves a question of whether an actual conflict of interest exists. For other executive administrators, a requirement was added that the Chief Financial Officer consult with the General Counsel on questions of whether an actual conflict of interest exists. A new policy on service on outside boards in general was inserted as a new Sec. 03.08 … and all remaining sections were renumbered accordingly. A comprehensive review of the Personnel chapter was conducted, with various amendments being adopted into a rewrite of the chapter. The detailed policies on “Tenure” at TTU and TTUHSC – previous Sections 04.02 and 04.03, respectively – were off-loaded (deleted) from Chapter 04 to reside only in institutional operating policies (as of 12-17-09: TTU OP 32.01 and TTUHSC OP 60.01). A new Sec. 04.02 regarding tenure and promotion at all component institutions requires the institutions to maintain tenure and promotion policies in the institutions’ operating manuals, with those operating policies – and any subsequent changes thereto – to be approved by the board. (And all remaining sections after the new Sec. 04.02 were renumbered accordingly.) A section on tenure at ASU (previously Sec. 04.04) that matched the language of the new Sec. 04.02 was deleted, since a separate Chapter 04 provision for tenure at ASU was no longer necessary. Page 4 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment Description of Amendment The detailed policies on “Guidelines for comprehensive performance evaluation of tenured faculty” (applicable to all Texas Tech system components – Section 04.03) and “Academic workload” (previously Section 04.06 for TTU and Section 04.07 for ASU) were off-loaded (deleted) from Chapter 04 to reside only in institutional operating policies (as of 5-14-10 -- Post-tenure review: TTU OP 32.31 / ASU OP 06.19 / TTUHSC OP 60.03 … Academic workload: TTU OP 32.18 / ASU OP 06.02). A revised Section 04.03 regarding post-tenure review at all component institutions requires the institutions to maintain guidelines for comprehensive performance evaluation of tenured faculty in the institutions’ operating manuals, with those operating policies – and any subsequent changes thereto – to be approved by the board. A revised Section 04.06 regarding academic workload at TTU and ASU requires those institutions to maintain academic workload policies in the institutions’ operating manuals, with those operating policies – and any subsequent changes thereto – to be approved by the board. All remaining sections after the revised Section 04.06 were renumbered accordingly. A new Section 04.10 was added to continue a Regents’ Rules requirement regarding reports that must be submitted to and/or copies of policies that must be filed with the State of Texas or a state agency. This “filing” requirement is retained in Chapter 04 so that each institutional OP does not have to replicate this language. 04 04.03, 04.06, 04.07 & 04.10 05-14-2010 04 all 08-09-2013 A comprehensive review of the Faculty chapter was conducted, with various amendments being adopted into a rewrite of the chapter. 05 all 08-09-2013 A comprehensive review of the Student Affairs chapter was conducted, with various amendments being adopted into a rewrite of the chapter. Page 5 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment Description of Amendment A clarifying, non-substantive change was made to a provision regarding exceptions that may be granted to the requirement that real property donated to Texas Tech must be placed in an endowment. The provision that requires Texas Tech to adhere to the terms of a donor’s wishes as expressed in a gift agreement was revised to add an exception when changes in law or circumstances make it impossible for Texas Tech to continue to meet the terms of the gift agreement. A clarification was made regarding the role of presidents in fund raising for a president’s institution. A separate dollar threshold for endowed research positions at Angelo State University was added. A new section was added to establish an approval process for a gift-related naming that is not governed by the facilities naming provisions in Sec. 08.05 or the academic or administrative unit naming provisions in Sec. 12.05. 06 06.01.2.b 12-17-2009 06 06.02 12-17-2009 06 06.03.2 10-12-2012 06 06.05.4 12-17-2009 06 06.06 12-17-2009 06 all 08-09-2013 A comprehensive review of the Institutional Advancement chapter was conducted, with various amendments being adopted into a rewrite of the chapter. 06 06.01.5 10-11-2013 A provision was added that prohibits the acceptance of a gift for which the donor designates the use as a salary supplement for a named person or position. 07 07.04.5.b(1) & 07.04.5.c(2)(d) 11-07-2012 Section citations were updated to conform these sections to revisions made to section numbers in Chapter 02. Page 6 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 07 07.12.1.d 10-12-2012 07 07.12.2.d 12-17-2009 07 07.12.2.e 12-17-2009 07 07.12.2.e(2) 05-13-2011 07 07.12.2.e(2)(a) 11-07-2012 Description of Amendment -- To ensure uniform implementation of the policy, Subdivision d. of Section 07.12.1 – a provision that exempted “purchasing documents” from the Regents’ Rules contracting policy (including Board approval of certain contracts) – was clarified by moving the referenced exemption into a new Subdivision e. and revising the language of the exemption. -- Subdivisions formerly numbered as e., f. and g. were renumbered accordingly. For consulting contracts below the $25,000 threshold for board approval, new reporting requirements were added, as follows: -- the board chair and the chair of the Finance and Administration Committee must be provided notice in advance; and -- a report must be provided to the board as an Information Agenda item at the next board meeting. Revisions clarify that any employment contract not separately addressed and governed by Sections 02.03.1.d, 02.03.2, or 07.12.4.a, Regents’ Rules: -- is governed by the contracting provisions in Sec. 07.12.2.e; and -- requires the approval of the board. For the provision regarding employment contracts that must be approved by the Board: -- an exception was added for assistant coach contracts if the compensation and term of the contract do not exceed certain thresholds; and -- an existing exception for TTUHSC faculty contracts in excess of 4 years was moved from Sec. 07.12.4.a to this section. A section citation was updated to conform this section to revisions made to section numbers in Chapter 02. Page 7 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 07 07.12.2.e(2)(c) 12-16-2011 07 07.12.2.f 12-16-2011 07 07.12.4.a 05-13-2011 07 07.12.5 05-13-2011 07 07.12.5 12-16-2011 Description of Amendment The approval authority for TTUHSC faculty employment contracts was revised as follows: (1) contracts of 4 years or less may be approved by the TTUHSC President; and (2) contracts of more than 4 years may be approved by the TTUHSC President, but with prior approval of the Chancellor and prior notification to the Board. Presidents were delegated the authority to determine the location of vending machines on the campus of the President’s institution, while the Board retained its authority to approve initial contracts for vending machines. -- An existing exception from Board approval for TTUHSC faculty contracts in excess of four years was moved from this section to Sec. 07.12.2.e(2). -- A clarification was added to ensure that the language of this subsection regarding a President’s approval of a contract does not override other provisions of the Regents’ Rules that govern the approval of employment contracts. The summary table of approvals required for contracts was revised to: (1) include the new approval process for assistant coach contracts in Sec. 07.12.2.e(2); and (2) expand and enhance the summary through the addition of references to employment contract provisions found in Chapter 02. The summary table of approvals required for contracts was revised to conform with the changes made to: (1) the approval authority for TTUHSC faculty employment agreements in Sec. 07.12.2.e(2); and (2) the authority to approve the location of vending machines in Sec. 07.12.2.f. Page 8 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 07 07.12.5 11-07-2012 08 08.02.4.b 05-18-2012 08 08.05 12-16-2011 08 08.05.1 05-18-2012 08 08.05.4 12-17-2009 09 09.00.9 06-30-2009 09 09.02.10 06-30-2009 Description of Amendment The summary table of approvals required for contracts was revised to conform to the changes made in Chapter 02 regarding contracts for presidents as well as related renumbering of sections in Chapter 02. Revisions were made to the Public Art Committee provision regarding of gifts of campus public art. The Public Art Committee will no longer review proposed gifts of public art, but will instead review and make recommendations regarding new commissions of campus public art. Revisions were made throughout the facility naming section to clarify existing policies and procedures for such namings and to add new restrictions on the naming of facilities. Subdivision “a” was amended to define how construction cost is calculated for the naming requirement that a donor must contribute at least 50% of the cost of the project. Subdivision “h” was added to require that perimeter campus monument, directional and/or building signage must comply with that institution’s operating policies related to signage. A new provision was added as Sec. 08.05.4 (and all remaining subsections were renumbered accordingly) to expressly state that the board may remove a previously-approved name of a facility. The definition of the term “UMIFA” was revised. The spending policy subsection was revised to bring that provision into conformance with the Texas Uniform Prudent Management of Institutional Funds Act. Page 9 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 09 09.02.11 05-08-2009 09 all throughout Chapter 09 02-26-2010 Description of Amendment The name of the “Global Opportunistic” asset class was changed to “Opportunistic” … and the authorized range of this asset class was changed from “0-5%” to “0-10%.” A major rewrite of Chapter 09 was adopted that featured the off-loading of various detailed investment policies from Chapter 09 to stand-alone investment policy statements (one for the SITIF and another for the LTIF). The most substantive changes included: -- The roles and responsibilities among Board of Regents, Investment Advisory Committee (IAC), Investment Consultant, Chief Investment Officer (CIO), Investment Managers and Bank Custodian(s) were clarified. -- Investment policy language specific to the Short/Intermediate Term Fund (SITIF) was removed and transferred to a separate document labeled the Investment Policy Statement for the Short/Intermediate Term Investment Fund. -- All investment policy language specific to the Long Term Investment Fund (LTIF) was removed and transferred to a separate document labeled the Investment Policy Statement for the Long Term Investment Fund. -- New policies for proxy voting and directed commissions were added. The policy now states explicitly that proxy voting is the responsibility of the investment managers, who must provide written reports of all proxy votes on shares of stock held in the LTIF. In addition, investment managers may not direct commissions without the authorization of the CIO. Page 10 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 10 throughout all sections 03-01-2013 10 10.3(a) 03-01-2013 10 10.3(b) 08-09-2013 10 10.8(k) 12-17-2010 Description of Amendment The name of the TTUS department that is responsible for intellectual property was changed from “Office of Technology Transfer and Intellectual Property (OTTIP)” to “Office of Research, Commercialization and Federal Relations (ORCFR)” … and the title of the head of this department was changed from “Director of OTTIP (Director)” to “vice chancellor for ORCFR (ORCFR vice chancellor)”. With respect to when the ownership rights of TTUS attach to intellectual property, the amendment closed the previous gap in time between the creation of the intellectual property and the required assignment to TTUS of the rights to the intellectual property. With this amendment, the ownership rights of TTUS attach at the time the intellectual property is created. An “Ownership of Copyrightable Works” provision that required a distance learning course materials policy to be approved by the board was deleted. Dropping this requirement from the Regents’ Rules provides flexibility for academic officers to make revisions to such policies through the process used to prepare and adopt institutional operating policies. The amendment added a requirement that, before the Director of OTTIP may finalize a license agreement: • the Vice President for Research of the involved institution must approve the agreement; and • the General Counsel must approve the agreement as to form, law, and compliance with the Regents’ Rules and applicable policies. Page 11 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 10 10.11 12-17-2010 11 all 10-11-2013 Description of Amendment The amendment: added a prohibition on an employee who is not the creator/inventor from serving as an officer, employee or board member of a business entity that has an agreement with Texas Tech for use of intellectual property in which Texas Tech has an ownership interest; clarified that an employee who is the creator/inventor may serve as an officer, employee or board member of such a business entity if approved by the Board … and added reporting requirements for a creator/inventor who is approved for such service; and added: (1) an authorization for the chancellor or the chancellor’s designee to have visitation rights on the governing board of a business entity with which Texas Tech has an intellectual property agreement; and (2) set the conditions under which a Texas Tech representative may exercise the visitation rights. A comprehensive review of the Athletics chapter was conducted, with various amendments being adopted into a rewrite of the chapter. Page 12 of 13 Amendments to the Regents’ Rules adopted since December 12, 2008 Chapter Section Date of amendment 12 12.04 08-05-2011 12 12.05 12-17-2009 12 all 08-09-2013 Description of Amendment The honorary degree policy was revised to: provide additional guidelines for when the conferral of an honorary degree is appropriate; expand the list of those who are not eligible to receive an honorary degree; require that the advance notification to the Board include a justification of why the person nominated for an honorary degree is deserving of the award; add confidentiality provisions for the honorary degree process; add a process for notification to the recipient of an honorary degree; add the ability for an honorary degree to be presented to the recipient at a time and place different than a commencement ceremony; and add the ability for the Board to rescind a previously-awarded honorary degree should that become necessary and appropriate. A revision clarified that, when a naming of an academic or administrative unit or program is not governed by the facility- or gift-related naming provisions in Sec. 08.05 or 06.06, the naming of an academic or administrative unit or program must be approved by the board. A comprehensive review of the Honorifics and Seals chapter was conducted, with various amendments being adopted into a rewrite of the chapter. In conjunction with the changes to Chapter 12, a new “Board Policy Statement on Seals” was adopted to supplement and provide more detail about seals and their usage. Page 13 of 13