Board of Regents Policy Manual
BOR 02: Policy on Delegation of Authority
Revision Approved by the Board of Regents, November 17, 2023
Contents
1.0 Policy and Purpose
It is the policy of the Washington State University (WSU, University) Board of Regents (Board) to engage in responsible governance by delegating broad authority, express and implied, to the President or designee to manage and conduct the affairs of the University, except for those matters reserved either by law or by the Board for the proper exercise of its fiduciary duties to the institution.
This policy is intended to help University administrators and others understand what must go to the Board for approval. It delineates specific authority reserved by the Board and, conversely, authority that has been delegated to the President or designee. This policy is not intended to cover every matter that must or should be brought to the Board of Regents. For assistance with these decisions, see Section 3.0.
Any delegated authority continues to be subject to the ultimate authority of the Board. The Board also reserves the right to intervene in any matter and to enact or amend such rules and policies as it deems necessary or proper to further the best interests of the University. In doing so, the Board acts as a whole, recognizing the Chair or designee as its spokesperson.
The Board will periodically review delegations and reserves the right to amend or rescind them at any time.
2.0 Authority Reserved by the Board
By law, the Board is vested with full authority to manage the assets and affairs of the University. RCW 28B.30.095, RCW 28B.30.150. The Board also has authority to delegate by resolution any of its powers and duties to the University President or designee. RCW 28B.10.528. Accordingly, the Board has delegated the President or designee broad authority to act in matters relating to the general business and financial affairs, academic affairs, organization, and management of the University, including express or implied authority to carry out the administration and operations of the University.
See Appendix 1: Resolution delegating general authority to President or designee.
The Board has reserved authority in specific areas as set forth below.
Links to resolutions delegating authority to the President or designee are provided in each subject area. In the event of a conflict between this policy and a particular resolution, the resolution takes precedence.
2.1 Board Administration
The Board has reserved the following authority in this area:
- Board Policies and Operations: To enact and amend Board bylaws and Board policies, establish standing and ad hoc committees, set the meeting schedule, and otherwise organize, administer, and operate the Board
- Board Officers: To appoint a Treasurer pursuant to RCW 28B.30.130, and to elect a chair and vice chair
2.2 Personnel
The Board has reserved the following authority in this area:
- Presidential Employment: to select, appoint, and evaluate the University President, including setting the compensation and other terms and conditions of employment
- Faculty Appeals: To hear faculty appeals of formal discipline, in accordance with the Faculty Manual
- Financial Exigency: To declare a financial exigency arising from a financial crisis or legislative mandate, upon the recommendation of the President
- University Retirement Programs: To establish or amend University retirement programs for employees.
- Legal Defense and Indemnification: To authorize legal defense and indemnification of employees, officers, or volunteers, in accordance with RCW 28B.10.842
See Appendix 2: Resolutions delegating authority to President or designee—Personnel.
2.3 University Rules and Policies
The Board has reserved the following authority in this area:
- Washington Administrative Code (WAC) Regulations: To adopt, amend, and repeal WAC regulations/rules, except that the President or designee has authority to adopt, amend, and repeal expedited rules pursuant to RCW 34.05.353, emergency rules pursuant to RCW 34.05.350, and rules related to campus parking and traffic
See Appendix 3: Resolutions delegating authority to President or designee—Rules and policies.
2.4 Tuition and Fees
The Board has reserved the following authority in this area:
- Tuition: To establish resident and non-resident tuition rates for undergraduate, graduate, and professional programs, in accordance with RCW 28B.15.067
- Services and Activities Fees: To establish services and activities (S&A) fees and technology fees and to approve allocations, in accordance with RCW 28B.15.044 – .051
- Other Student Fees: To approve and implement new student fees or changes in student fees, other than incidental fees such as those for goods, services, access to University facilities, application fees, transcript fees, graduation fees, identification card fees, orientation fees, late enrollment and payment fees, certification fees, and special course fees
- Housing and Dining Rates: To approve housing and dining rates
See Appendix 4: Resolutions delegating authority to President or designee—Tuition and fees.
2.5 Academics, Planning, and Structure
The Board has reserved the following authority in this area:
- To set Admission Requirements: To set or modify admission requirements
- University Structure: To establish or abolish colleges, academic departments, schools, and other academic units, and to approve significant reorganizations of academic and non-academic units, except that the President or designee has authority to approve and abolish University centers, institutes, and laboratories
- Degree Programs: To establish or discontinue degrees, except that the President or designee has authority to approve name changes to degree programs and to approve the extension of an existing WSU degree program to another WSU campus
- Strategic Planning: To approve the WSU system strategic plans and campus strategic plans
- Campus Master Plans: To approve the master plan for each campus, including updates and amendments
2.6 Budget, Business, and Finance
The Board has reserved the following authority in this area:
- Budget Requests: To approve the University’s capital and operating budget requests prior to submission to the state legislature
- Debt: To authorize University debt, in accordance with the Washington State Board of Regents Debt Management Policy, except that the President or designee has authority to issue refunding bonds when the refunding threshold provisions of the “Refinancing and Refunding Principles” in the Board of Regents Debt Management Policy (BOR 5) are met or exceeded
- Capital Projects: To approve contracts for capital projects when the estimated total project cost, inclusive of all phases of the project, is five million dollars ($5,000,000) or more
- Real Estate: To approve contracts relating to real property acquisition and disposal, leases, easements, and transfer of other real property interests when the value of the property to be disposed of or obligated is five million dollars ($5,000,000) or more
- General Business-Related Contracts: To approve contracts relating to the general business and financial affairs of the University, including those related to purchasing and procurement, when total costs are five million ($5,000,000) or more, except that the President or designee has authority to approve specified contracts without limitation (such as those related to grants and investments)
- Operating Agreements with Affiliated Entities: To approve operating agreements with WSU-affiliated entities when the contract term exceeds five years
- Legal Settlements: To approve settlements of legal claims or potential legal claims when total costs of the settlement to WSU are five million dollars ($5,000,000) or more
- Residency Agreements: To approve agreements related to the establishment and operation of medical residency programs when total costs to the University are estimated to be less than $15,000,000.
See Appendix 6: Resolutions delegating authority to President or designee—Budget, business, and finance.
2.7 Naming and Recognition
The Board has reserved the following authority in this area:
- Naming: To name facilities, academic units, and other major organizational units, except that the President or designee has authority to assign names to minor facilities and names to indicate function to major facilities, academic units, and other organizational units. For further information, see Facility Naming Policy (Executive Policy #9).
- Honorary degrees: To confer honorary degrees in accordance with RCW 28B.30.150(15)
- Distinguished Alumni: To designate distinguished alumni upon the recommendation of the President
3.0 Assistance
For questions about this policy or assistance with determining whether a specific matter must or should be brought to the Board for approval, contact the Office of the President or the WSU Division of the Office of the Attorney General.
4.0 Related Policies
Board of Regents Policy on Committee Charters (BOR 3)
Board of Regents Bylaws