Administrative Policy Development (Policy 95)

1. This Administrative Policy Development Policy (the “Policy”) sets forth the process and standards for developing, approving, and managing policies relating to the administration of University operations (each an “Administrative Policy”). This Policy governs Administrative Policies only; it does not govern Academic Policies.
2. This Policy is binding upon all University Employees. Employees should consult with the Chair of the Administrative Policies Committee (APC) if they have any questions about this Policy.
3. An Administrative Policy that applies University-wide should be adopted only where the following criteria are met:
   1. The Administrative Policy is warranted because it is:
      1. requested by the Board of Trustees of Governors State University (the “Board”) or the University President, or
      2. necessary to achieve compliance with federal, state, or local laws, regulations, administrative rules, or other external binding standards of conduct or voluntary standards of conduct the adoption of which the University has determined are in its best interests, including but not limited to accreditation criteria and standards; and
   2. The topic of the Administrative Policy either relates to the University as a whole or to more than one Unit thereof and cannot be addressed effectively more narrowly, such as by adoption of a Unit policy or procedure; and
   3. An existing policy does not already effectively address the subject of the Administrative Policy; and
   4. The Administrative Policy clearly identifies behavioral norms to be followed by Employees or other subjects of the Administrative Policy, such as mandatory affirmative actions or prohibited actions; and
   5. The Administrative Policy is within the scope of authority delegated by the Board to the President to approve; and
   6. The Administrative Policy promotes operational efficiency and effectiveness.
4. The President retains authority to approve or reject any Administrative Policy within the purview of the President’s authority but has delegated authority to the APC to develop procedures in furtherance of this Policy and effectuate the purpose of this Policy.
5. Any Employee, including but not limited to members of APC, may propose an Administrative Policy pursuant to procedures published by APC.
6. If APC determines an Administrative Policy meets the criteria of Section I.3 of this Policy, APC shall delegate responsibility for development of the Administrative Policy to a subject matter expert who shall become the Policy Owner. Absent unusual circumstances, the subject matter expert assigned ordinarily should be the manager whose reporting line is responsible for managing or implementing operations that are the primary topic of the Administrative Policy. By way of example only, while all University personnel use the University email system, the Information Technology Services (“ITS”) Department has primary responsibility for maintaining the operation and security of the email system. Accordingly, an Administrative Policy relating primarily to University email should beassigned to the Vice President for Administration and Finance (or his/her delegate) for development, to whom the ITS Department reports.
7. Policy Owners must consult with representatives from target audiences during the development phase of each new and significantly revised Administrative Policy before submitting such new or revised Administrative Policy to APC for review.
8. When a Policy Owner determines that an Administrative Policy is ready for review and approval, the Policy Owner shall submit the Administrative Policy to a review and approval process consistent with applicable procedures.
9. Policy Owners must periodically review and monitor their policies and procedures for accuracy, efficiency, and effectiveness. The recommended review schedule is once every three (3) to five (5) years, absent a development in or change to applicable standards.
10. All Administrative Policies should be accompanied by procedures, unless the policy contains built-in operational measures that give effect to the policy.
11. All Administrative Policies should include provision(s) on the communication of behavioral standards espoused in such policies and repercussions for failing to meet such standards to all University Employees.
12. Nothing in this Policy shall be construed as limiting the Board’s or President’s authority to pass University policy.
13. An Administrative Policy may not conflict with existing law or any other matter of precedence; an Administrative Policy may be more strict that existing law but may not prescribe or permit any behavior that is barred by applicable precedent. In order of precedence, the following hierarchy shall be observed:
    1. Federal law, including the U.S. Constitution, statutes, Executive Orders, regulations, administrative procedures and guidance, and binding case law in that order of precedence;
    2. State law, including the Illinois State Constitution, statutes, Executive Orders, administrative laws, and binding case law in that order of precedence;
    3. Board Bylaws, Governing Policies, and Regulations;
    4. University-wide Administrative Policies, codified procedures, or codified practices; and
    5. Unit-wide policy, procedures, or practices.
14. The University shall not pass an Administrative Policy unless authority for passing policy on such topic has been delegated to the President by the Board.

Purpose

A robust set of written policies forms the foundation of an effective compliance program. Policies identify laws, regulations, accreditation criteria, and other standards of conduct the University must follow due to legal obligations or best practices, or in furtherance of its goal of fulfilling its mission, vision, and values. As such, an effective mechanism for adopting, implementing, and maintaining Administrative Policies is necessary to the effective and compliant operation of University business. The University adopts this Policy to enable the orderly proposal, adoption, and review of Administrative Policies utilizing the principles of shared governance.

Definitions

For purposes of this Policy, words shall have the following meanings whether capitalized or not:

1. “Academic Affairs” refers to those matters relating to learning, academic research, or scholarship, including but not limited to accreditation, curriculum development, course delivery, and faculty review, tenure and promotion. 
2. “Administrative Policy” is any statement of policy approved and adopted by the President that applies to all or some subset of University’s Employees or operations, except for those relating to Academic Affairs, including but not limited to communications, compliance, contracts, events, facilities, government relations, marketing, human resources, information technology and security, institutional research and effectiveness, physical security, procurement of goods and services, and the administrative of sponsored research. The term should be read inclusively as used in this Policy to include proposed and actual policy, and new, amended, or restated policy. 
3. “Employee” means any person hired by the University, whether on a full or part time basis, including faculty, staff, student-employees, and graduate assistants. 
4. “Policy Owner” is the Unit that is responsible for working with APC and other stakeholders to develop and implement an Administrative Policy. 
5. “Practices” are sets of the generally accepted manner of carrying out operations whether formally recorded in a policy or procedure. Practices mut be consistent with policy and procedures. 
6. “Administrative Policy Committee” and “APC” means a standing committee whose role is to ensure this Policy is carried out in an effective way. It includes representatives as delegated in accordance with the APC Charter. The APC conducts its work in consultation with other departments, as appropriate. 
7. “Procedures” are operational guidelines or specific steps for carrying out a policy. Procedures must be consistent with policies and comply with applicable laws. 
8. “Unit” means any college, department, or any other sub-organization of the University.