91原创

The text of Board Rule 108 can be found in the 100 Series section of the Board Manual.

Board Rule 108

The Board of Trustees adopted Board Rule 108 in November 2017, replacing and updating former Rule 306. It applies to all 鈥減olicies, handbooks, manuals, and other guides to their organizations and operations鈥� adopted by the System Office and campuses.

In developing policies, appropriate constituencies and sister campus policies should be consulted. Each campus should seek consistency to the extent practicable and shall work with their campus Office of Counsel. It is recognized that campus policies may differ to reflect appropriate differences in campus roles or missions.

Proposed new policies and revisions should be sent to the appropriate Campus Designee for consideration by the Chancellor鈥檚 Designee.

Campus Designees

Jennifer Clark, M.S., CCEP
Compliance Operations Director
The 91原创
Phone: (205) 348-2304
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Courtney Champion, J.D., CCEP
University Compliance Coordinator
The 91原创 at Birmingham
Phone: (205) 975-4979
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Brandie Roberts, CDP, CCEP
Coordinator of Compliance & Risk Management
The 91原创 in Huntsville
Phone: (256) 824-6899
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Chancellor's Designees

Jason Bobo
System Counsel
Phone: (205) 348-6763
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Board Rule 108 FAQ

• What is the purpose of Board Rule 108?

  The Board of Trustees is the governing body of our universities, and as such, policy-making is one of its primary duties. Consistent with its Bylaws and Rules, and for the information, guidance, and convenience of the faculty, staff, students, and other members of our community, the Board has delegated certain policy-making authority to the Chancellor and Presidents. Board Rule 108 exists to govern the policy-making process; to ensure that our policies are not in conflict with Board Bylaws, Rules, and pronouncements; and to ensure that they are consistent to the extent practicable.

• What documents are covered by the Rule?

  Board Rule 108 applies to all 鈥減olicies, handbooks, manuals, and other guides to their organizations and operations (collectively, "policies"),鈥� including those related to particular divisions, academic units, and administrative or service components. The substance of the document rather than the title determines whether it is a policy subject to Board Rule 108.

• What is a policy?

  Policies are written standards or rules that regulate or guide organizational actions and individual conduct. Policies outline who has specific authority or assigned accountability, and what actions are required in specific situations. Policies generally describe 鈥渨hat鈥� is expected of 鈥渨hom鈥� and 鈥渨hy.鈥�

  As defined by the Association of College and University Policy Administrators, policies are generally understood in the higher education context to be written decisions by those in authority to: :

  • Express fundamental institutional values and commitments;
  • Mandate or constrain actions within the University community;
  • Ensure coordinated compliance with applicable laws or regulations;
  • Promote operational efficiencies; or
  • Mitigate and manage institutional risk. 

  Policies state required actions and may include links to guidelines or procedures.

  While each campus may have their own definition of 鈥減olicy鈥� to speak to the nuances of their institution, those definitions should not conflict with this guidance.

• What is the difference between a policy and a procedure?

  Policies generally describe 鈥渨hat鈥� is expected of 鈥渨hom鈥� and 鈥渨hy鈥�. Policies differ from procedures, which describe 鈥渨hen,鈥� 鈥渨here,鈥� and 鈥渉ow鈥� those policy expectations are to be achieved. For example, a University policy might require employees to report suspected or known violations of rules, while a procedure might address how and to whom reports are made. Or a University policy might provide appropriate leave time to employees, whereas a procedure would outline the steps for an employee to request time off from his or her supervisor. Policies are subject to Board Rule 108 and the associated approval processes, while procedures are not. Often, a single document may contain both policies and procedures, and exclusions may not always be apparent simply from the title of the document. When in doubt as to whether a document is subject to Board Rule 108, contact the appropriate Campus Designee.

• Does the Rule also apply to other documents, like handbooks, manuals, or guidelines?

  Yes, handbooks, manuals, and guides are covered under the Rule if they are statements of policy that address the rights, responsibilities, or obligations of an individual. Again, the nature of the document determines whether it is subject to Board Rule 108. However, if the handbook, manual, or guide is merely an application or summary of Board Rules or policies previously approved and published, or if it only contains procedures or other resource information, it may not be covered under this Rule. When in doubt as to whether a document is subject to Board Rule 108, contact the appropriate Campus Designee.

• What does the Rule not cover?

  The Rule is intended to broadly cover all documents that carry the weight and intention of policy, regardless of their name or title. However, numerous categories of documents generated on our campuses are not covered by the Rule. For example:

  • Procedures are generally excluded, i.e., documents that simply state the鈥渨hen,鈥� 鈥渨here,鈥� or 鈥渉ow,鈥� of compliance with policies.
  • Summaries, i.e. documents that merely summarize existing Board Rules or previously approved policies.
  • Decisions or documents subject to Board approval under other Rules, e.g., campus master plans, budgets, or annual capital development plans.

  As stated above, exclusions may not always be apparent simply from the title of the document. Your Campus Designee can provide guidance on those questions.

• Must all changes to a policy go through the Board Rule 108 approval process?

  New policies and substantive or significant updates to existing policies are subject to the policy development standards of Board Rule 108 and must go through both the campus and the system approval process. Substantive or significant updates would include changes that alter the policy鈥檚 intent or overarching objective; changes that modify definitions, persons covered, or responsible units in significant ways; and other significant changes to policy requirements, limitations, rights, or responsibilities. Administrative or minor updates to policies may be processed at the campus level in accordance with any campus approval requirements. Examples of administrative or minor updates would be edits that do not materially change the purpose or effect of a policy, such as clarifying, reformatting, or reorganizing existing content; updating references to applicable laws or regulations; updating names; and fixing broken web links. If you have questions about what constitutes a substantive or significant change, please contact your Campus Designee for assistance.

• What does the Board Rule require of those responsible for drafting policies?

  Drafters of a policy must comply with the substance and procedures of the Rule, including:

  • Consulting with affected constituencies in the development and formulation of the policy.
  • Ensuring compliance with superseding Board Bylaws, Rules, or Chancellor requirements, chiefly by consulting with the Campus Designee on those issues.
  • Seeking consistency with sister campus policies to the extent practicable, including benchmarking against available policies.
  • Adopting the policy in accordance with campus and Rule procedures.
  • Transparently publicizing the policy after adoption, by hosting it on a website or other electronic collection.
• Who can answer my questions?

  The Campus Designee is the main point of contact for questions surrounding the Rule, your campus policies, and compliance with the Rule. The Campus Designee:

  • Acts as the primary resource to help you consider whether the proposed policy is consistent with superseding laws, regulations, Bylaws, Rules, minutes, and other pronouncements of The Board of Trustees and Chancellor.
  • Acts as the primary resource to help you consider whether the proposed policy is consistent, to the extent practicable, with sister campus policies.
  • Consults with you and the Chancellor鈥檚 Designee on these questions.
  • Gives the specific assurance required under the Rule of compliance
  • Answers your questions about such measures and provides assistance
• What is the role of the attorneys in the Office of Counsel?

  The Office of Counsel advises campus officials as needed in the drafting and adoption of policies. Review by the Office of Counsel is part of the approval process for each campus and campus attorneys should be appropriately involved in the drafting and adoption of policies, especially those that address legal or regulatory issues.

• What if our campus needs to adopt a policy immediately, due to a change in the law, demands of regulators, rulings of a court, or other unanticipated events

  The Board Rule provides that expediency may sometimes demand waiver of the procedural requirements. Examples include when a legal mandate or emergency intervenes. Campus approval processes address the campus process for requesting and submitting a policy that needs an expedient review.

• What are the guidelines for consistency among all the campus entities?

  It is understood that the processes, needs, missions, roles, scope, and goals of each campus vary and thus complete consistency may not be applicable under all circumstances. Each campus and the System Office must consider the policies of its institutions during policy development, seek consistency to the extent practicable, and work with the Campus Designees and the Office of Counsel in furtherance of these goals.