Policy 2 PDF

Policy 2.A: Conflict of Interest–Board of Regents

The Board of Regents recognizes that a regent is required to comply with applicable provisions of Colorado law regarding conflicts of interest, including Title 18, Article 8, Section 308; Title 18, Article 8, Section 402; and Title 24, Article 18, Section 108.5, C.R.S. To further enhance its credibility and accountability, the board has adopted the following additional conflict of interest policies.

2.A.1. Conflict of Interest Policy

Consistent with a regent's fiduciary responsibility, a regent serves the public trust and exercises their powers and duties in the interest of the public, the university, and the board. A regent's independent judgment in the discharge of board responsibilities must not be impaired as a result of conflicts between the interests of the university and the regent's own financial interest or personal interest, or the financial interests or personal interests of the regent's family or associates.  If a regent believes that they have a conflict of interest, the regent shall disclose the conflict to the board and refrain from participating in the matter to which the conflict relates. The minutes of the meeting where the disclosure is made will reflect the disclosure and regent’s abstention from participation in the matter.

A regent is not deemed to have a conflict of interest if the matter affects the entire membership of a class to which the regent belongs.

A regent shall not use confidential information acquired in the course of the performance of regent responsibilities to further the regent's own financial interest or personal interest, or the financial interests or personal interests of the regent's family or associates.

For purposes of this policy:
(A) "Associate" means a person, entity, or enterprise with respect to which the regent:
(1) is a director, officer, employee, member, partner, or trustee; or
(2) has a financial interest that represents five percent or more of the regent’s assets or any interest that enables the regent to exercise control or to influence policy significantly; or 
(3) has any other material association.
(B) The "Family" means a regent’s spouse, dependents and, if living in the same household and sharing expenses, other individuals.

(C) "Financial interest"1 means a substantial interest held by an individual, including:
(1) an ownership interest in a business;
(2) a creditor interest in an insolvent business;
(3) an employment or prospective employment for which negotiations have begun;
(4) an ownership interest in real or personal property;
(5) a loan or other debtor interest;
(6) a directorship or officership in a business; or
(7) a personal and material economic interest in a transaction.

In the application of this policy, a regent should avoid the appearance of impropriety, which includes any conduct that might lead members of the public to conclude that the regent is using their official position to further the financial or personal interests of the regent or the members of the regent's family, or the financial interests of the regent's associates or non-dependent children, parents, or siblings. To avoid the appearance of impropriety, a regent should disclose to the board any financial, personal, or other interest of the regent or regent's family or associates in a matter that might reasonably be perceived either as adversely affecting the regent's exercise of independent judgment on behalf of the university, the board, and the public or as a breach of the regent's public trust. In the case of an associate or family member, the regent's disclosure is necessarily limited to those financial interests of which the regent has knowledge since the regent may not have access to full information about all financial interests.


1This definition of financial interest is from the State Code of Ethics, Section 24‑18‑102, C.R.S.

2.A.2. Prohibited Transactions

The University of Colorado shall not have any business relationship with any company, corporation, partnership, or other entity or venture in which a member of the Board of Regents serves, directly or indirectly, in an executive or policymaking position, provided however that, after an affirmative vote at a regular or special meeting of the board by six members, the provisions of this resolution may be waived as to any particular business relationship.

2.A.3. Annual Disclosure

Regents shall disclose on an annual basis any financial interests or personal interests that may create an actual or potential conflict of interest and shall supplement the disclosure as new interests appear. University counsel shall develop an appropriate form for the regents' individual use in making such disclosure and advise on the development of a management plan for disclosed conflicts.

History

  • Adopted:  April 26, 1975.
  • Revised:  August 21, 1975; October 30, 2003, including rescinding the August 21, 1975 action; February 24, 2005; March 2, 2006; June 22, 2023.
  • Last Reviewed:  June 22, 2023.

Policy 2.B: Regent Acceptance of Money from the University

No member of the Board of Regents shall receive any monetary payment from the university, other than reimbursement of reasonable expenses, consistent with university reimbursement policies, without prior approval of the Board.

History:
  • Adopted:  March 21, 1985.
  • Revised:  October 30, 2003; April 5, 2018.
  • Last reviewed:  April 5, 2018.

Policy 2.C: Regent Committees

2.C.1 Committee Governing Principles

Regent committees shall consist of standing committees and ad hoc committees. A standing committee shall be constituted in the manner and perform the functions described in the board laws or policies or other board action that authorizes it. An ad hoc committee shall be established by the board to undertake special assignments upon the completion of which the committee shall be dissolved.
(A) Regent standing committees shall meet no less than quarterly; determine the dates and times of its meetings, unless otherwise directed by the board; post notices of its meetings as required by law and board policy; take minutes of its meetings and report at regular board meetings; and may, upon compliance with state statutory requirements, meet in executive session.

(B) Regent standing committees may have members who are not members of the board if authorized by the board action establishing the committee.

(C) Regent standing committees shall have the authority to make recommendations to the board, unless otherwise directed by the board, but shall not have the authority to act on behalf of the board unless the board has expressly delegated authority to it.

(D) Regent standing committees shall have a chair and may have a vice chair, with the chair and vice chair to be appointed annually by the chair of the Board of Regents.  Effective January 1, 2025, the chair and vice chair of regent committees shall be appointed after the first regularly scheduled board meeting of each calendar year and shall assume these roles before the second regularly scheduled board meeting of the calendar year.  Unless seven or more regents are members of the same political party, the chair and vice chair of regent committees shall not be members of the same political party.  Unless otherwise limited by these provisions, any regent is eligible to be appointed to the chair or vice chair of a regent committee irrespective of that regent’s party affiliation.  In making chair and vice chair appointments, the chair of the Board of Regents should consider continuity of experience on the committees with the goal of building and maintaining institutional knowledge.

(E) Regent standing committees may have between three and five members.  Effective January 1, 2025, members of regent committees shall be appointed after the first regularly scheduled board meeting of each calendar year and shall assume these roles before the second regularly scheduled board meeting of the calendar year. Unless seven or more regents are members of the same political party and the committee consists of an even number of members, those members shall be divided equally between regents of different political parties.  Unless seven or more regents are members of the same political party and the committee consists of an odd number of regents, the number of regents appointed to serve as members of the committee from any political party must be within one of the members appointed from another political party.  Unless otherwise limited by these provisions, any regent is eligible to be a member of a regent committee irrespective of that regent’s party affiliation.  In making committee appointments, the chair of the Board of Regents should consider continuity of experience on the committees with the goal of building and maintaining institutional knowledge.

(F) Regent committees shall, between the first regularly scheduled board meeting of each calendar year and the second regularly scheduled board meeting of the calendar year, approve an annual work plan and provide that work plan to the Board of Regents for its review. At each committee meeting, the members shall review the work plan and make any necessary modifications.

2.C.2 Governance Committee

The Governance Committee of the Regents of the University of Colorado shall be a standing committee.

The primary function of the committee is to review and recommend policies and procedures to enhance the quality, efficiency, and effectiveness of the Board of Regents. The committee shall have all authority necessary to fulfill the duties and responsibilities assigned to the committee in this charter or otherwise assigned to it by the Board of Regents.

The committee shall have the following duties and responsibilities:
(A) Board/System/Institution Governance:
(1) Periodically examine the effectiveness of relationships and communications among the various governance institutions of CU, including the Board of Regents, the president, and shared governance bodies.

(2) Periodically review and recommend improvements to the processes and policies associated with regent laws and policies.

(3) Oversee the development and maintenance by each of the board's standing committees of a written committee charter defining its role, responsibilities, and authority.

(4) In consultation with the administration, make recommendations to the board on the strategic vision of the university.
(B) Board of Regents Effectiveness:
(1) Approve a board orientation process, ensuring that new board members have a clear understanding of the missions of the four campuses for which they are responsible and are aware of the role of regents in the governance of a university system.

(2) Develop and support ongoing education of all regents, including the annual retreat and other opportunities.

(3) Establish performance criteria/expectations for regents.

(4) Establish, coordinate, and review with the board chair criteria and method for evaluating the performance of the board.

(5) Oversee the development and implementation of conflict of interest, financial disclosure, and other policies relating to the efficient, effective, and ethical operation of the Board of Regents.

2.C.3 Finance Committee

The Finance Committee of the Regents of the University of Colorado shall be a standing committee. The primary function of the committee is to oversee the fiscal stability and condition of the university as well as the university’s facilities and operations. The Finance Committee monitors the university’s financial operations, debt level, and investment performance.

The Board of Regents as a whole must exercise the fiduciary responsibilities and to provide guidance on fiscal policy and planning matters. To this end, the areas of tuition, fees, compensation, issuance of debt and the annual operating budget shall be the purview of the full board.

The Finance Committee shall have the following duties and responsibilities:
(A) The Finance Committee shall recommend to the Board of Regents:
(1) long-range financial planning strategies;

(2) long-range facilities planning strategies, including facilities plans for each campus, the annual and five-year and ten-year capital construction plans, 10-year master plans and financing, capital construction proposals, including those for auxiliaries;

(3) financial performance and asset allocation guidelines and other policies related to the university's treasury function;

(4) real estate transactions, including acquisition, disposal, operating and life cycle costs, the maintenance of facilities, and the use of university grounds, buildings, and other property; and

(5) projects included in the university capital budget and capital budget amendments.
(B) The Finance Committee shall review and report to the Board of Regents as necessary:
(1) selected financial metrics that measure the university's fiscal condition;

(2) the annual financial statements in conjunction with the Regent Audit Committee;

(3) periodic reports, including, but are not limited to: enrollment, financial aid, fundraising, research, procurement activity and University Risk Management;

(4) the annual report on unrestricted net position;

(5) total indebtedness of the university;

(6) quarterly capital planning and project management reports;

(7) the investment portfolio;

(8) regular updates to the state revenue and expenditure forecast maintained by the system CFO;

(9) the role, impact and management of university-related entities and supporting organizations; and

(10) other financial reports as requested by the committee.

2.C.4 University Affairs Committee

The University Affairs Committee of the Regents of the University of Colorado shall be a standing committee.

The committee focuses on the educational mission of the CU campuses. CU is committed to delivering a high-quality education: one that is focused on its students' academic well-being; and committed to their acquisition of the knowledge, skills, and attitudes to be informed citizens, productive workers, life-long learners, and contributors to society. Thus, the committee serves as the primary review body for the items listed below and makes recommendations to the Board of Regents based on its review and deliberations. The committee shall have all authority necessary to fulfill the duties and responsibilities assigned to the committee in this charter or otherwise assigned to it by the Board of Regents.

The committee shall have the following duties and responsibilities:
(A) Academic Program Planning Review and Recommendation
(1) Review and evaluate proposals for new degrees, departments, colleges, institutes, and other educational initiatives and provide recommendations to the Board of Regents.

(2) Review proposals to terminate degrees, departments, colleges, institutes, and other educational initiatives and provide recommendations to the Board of Regents.
(B) Diversity
(1) Review programs and progress toward the faculty, staff, and student diversity vision of the university.
(C) Students
(1) Provide a venue for student governance input to the Board of Regents on academic issues and educational experiences.

(2) Receive and review annual reports on student retention and graduation rates.
(D) Faculty
(1) Provide a venue for faculty governance input to the Board of Regents on academic issues and educational experiences.
(E) Accreditation
(1) Receive accreditation updates as required in regent policy 4.B.2.

(2) Act as the primary contact between the administration and Board of Regents in support of accreditation activities.
(F) Intercollegiate Athletics
(1) Consider university athletics programs and related matters.

(2) Review the campus athletics budgets and student fees, facilities plans (including new construction, renovations, and major repair and replacement projects) within established limits.

(3) Provide review of the Annual Intercollegiate Athletic Program report and offer the Board of Regents updates on conference and NCAA affiliations, e.g., conference structures, NCAA re-structuring.
(G) Regent Awards
(1) The Regent Awards committee is composed of three regents and four members of the University Faculty Council's Educational Policy and University Standards (EPUS) committee. It meets once a year to review the nominations for the three categories of regents awards and makes recommendations to the full Board of Regents.

2.C.5 Audit Committee

The Audit Committee of the Regents of the University of Colorado shall be a standing committee. The committee’s primary purpose is assisting the Board of Regents in fulfilling its oversight responsibilities for (1) the integrity of the university’s financial statements, (2) the adequacy of the university’s internal control structure, (3) identifying significant risks or exposures facing the university and (4) the qualifications, independence, and performance of the university’s internal and external auditors.

The Audit Committee has authority to investigate or conduct reviews of any matters within its scope of responsibility. It is specifically empowered to:
(A) Oversee the work of the public accounting firm contracted by the Colorado Office of the State Auditor to conduct the university’s annual financial and compliance audit. In addition to reporting directly to the Colorado Office of the State Auditor, this firm will report directly to the Regent Audit Committee.

(B) In consultation with the president, resolve any disagreements between management and the auditor regarding financial reporting.

(C) Retain accountants, other professionals and, with the approval of the attorney general, independent counsel, to advise the Regent Audit Committee or assist in the conduct of an investigation.

(D) Seek any information it requires from external parties or from employees, all of whom are directed to cooperate with the Regent Audit Committee's requests.

(E) In consultation with the Board of Regents, direct the university’s associate vice president of Internal Audit to conduct any audit or investigation it deems appropriate.
The committee shall have the following duties and responsibilities.
(A) Using implementing guidance provided by the American Institute of Certified Public Accountants and The Institute of Internal Auditors, the Regent Audit Committee will carry out the following responsibilities:
(1) Financial Statements
(a) Inquire of the president and the chief financial officer regarding the fiscal health of the university, as well as the completeness and accuracy of financial reporting.

(b) Review significant accounting and reporting issues and understand their impact on the financial statements.

(c) Review legal and regulatory matters and matters of compliance that may have a material impact on the financial statements with federal, state, and local laws and regulations.

(d) Review with management and the independent auditors the university’s annual financial report, related audit reports, and other audit-related matters.
(2) Internal Control and Compliance
(a) Inquire of management, the associate vice president of Internal Audit, and the independent auditor about significant risks or exposures facing the university and advise the Board of Regents of such risks or exposures.

(b) Review with management the university’s internal controls, including those related to risk assessment, risk management, compliance and financial reporting.
(3) Internal Audit
(a) Review and notify the Board of Regents of the plans, activities, results, staffing, and organizational structure of the Internal Audit function, and evaluate its effectiveness.

(b) Ensure there are no unjustified restrictions or limitations on the Internal Audit function, and review and make recommendations to the Board of Regents on the appointment, replacement, reassignment, or dismissal of the university’s associate vice president of Internal Audit and the approval of the Internal Audit charter.
(4) External Audit
(a) Review and notify the Board of Regents of the external auditor’s proposed audit scope, approach, and findings.

(b) Review the qualifications, independence, and performance of the external auditors, and provide feedback to the Colorado Office of the State Auditor on their performance, including recommendations on the hiring or termination of the external auditors.

History

  • Adopted as Regent Committee Roles and Authority, September 18, 1980.
  • Adopted as Regent Policy 2-C Regent Committees, October 30, 2003.
  • Revised:  June 1, 2006; December 5, 2006; January 16, 2007; November 19, 2010; January 9, 2011; September 12, 2011; June 20, 2012; February 20, 2015; September 7, 2017; September 8, 2023 (updates were made to section 2.C.1).
  • Last reviewed: September 8, 2023.

Policy 2.D: Regents Awards

2.D.1

As stated in Article 2, Part D, the Board of Regents may award Honorary Degrees, University Medals, or Distinguished Service Awards.

2.D.2 Nomination Process

(A) Each year the vice president, university counsel and secretary of the board will solicit nominees for these awards. The nomination deadline is August 1. Late or incomplete nomination packages will not be considered. Anyone may submit a nomination.

(B) Nomination Rules: (Note: detailed requirements for processes are in Appendix A)
(1) A person may not nominate themselves.
(2) A current university employee may not be nominated.
(3) A public official currently serving in office may not be nominated.
(4) A public official may be nominated two years after completion of their term of office.
(5) A regent may submit a nomination but must recuse themselves from commenting and voting on the nomination.
(C) Each chancellor will designate a campus Regents Awards Canvassing Committee that encourages and screens qualified nominations. Each canvassing committee shall develop its own internal procedures. Procedures shall require that nominations are:
(1) submitted online by the nominator;
(2) supported by at least three, but no more than five, letters of recommendation, including the nominator’s letter; and
(3) provide the nominee’s current vitae (resume, or career summary) and contact information.
(D) Members of the campus Regents Awards Canvassing Committee who submitted a nomination or provided a support letter for an individual being considered by the committee must recuse themselves from commenting and voting on that nomination.

(E) Throughout the process, all nominations will be considered confidential personnel matters.

(F) Following the campus review and approval by the chancellor, each campus canvassing committee shall submit recommendations for awards and associated nomination packages to the secretary of the board to forward to the Regents Awards Selection Committee by October 1.

(G) Each canvassing committee, based on their evaluation of a nomination, is authorized to recommend a more appropriate award category than that of the original nomination.

(H) The Regents Awards Selection Committee will be composed of the regents on the University Affairs Committee and four faculty members of the Faculty Council on the Educational Policy and University Standards (EPUS) committee.
(1) Members of the Regent Awards Selection Committee who submitted a nomination or provided a support letter for a nomination must recuse themselves from commenting and voting on that nomination.

2.D.3

The Regents Awards Selection Committee is authorized to recommend a different award than that of the recommendation from the campus canvassing committee.  To receive any regent award, the selected candidates or the candidate’s representative must attend a university commencement or board-determined special function within a two-year period following selection.

History:

  • Adopted: September 18, 2003 (as Regent Policy 9.A:  Regent Awards).
  • Revised: August 21, 2008; November 20, 2014; November 6, 2015; April 5, 2019 (Regent Policy 9.A: Regent Awards revised to change the timeline of the Regents Awards process and renumbered to Regent Policy 2.D:  Regent Awards); June 22, 2023.
  • Last Reviewed: June 22, 2023.

Appendix A – Process Details

All nominations must be submitted to a website maintained by the Office of the Board of Regents that must have the following affordances:

  • Nominators are supported in proper submission of the different portions of the package, including uploading support material.
  • Nominators will be able to revisit their nomination multiple times as they complete the application.
  • Nominators will not be able to ‘submit’ the nomination until the package is complete and if submission is not allowed, will receive automated support in identifying what elements are missing.
  • While it is preferred that nominators assign their nominee to a particular campus, they will be able to choose multiple campuses if they are not sure.
  • When a nomination is submitted, it will be sent to each campus canvassing committee indicated by the nominator.

Campus canvassing committee reconciliation

  • If a nomination is sent to multiple campuses, each campus committee will proceed with a separate evaluation.
  • If, when the campus canvassing committees submit their recommendations, a candidate is recommended for an award by multiple campuses, the Office of the Board of Regents shall convene a meeting of the chairs of the relevant campus committees to reconcile the recommendations before the package is submitted to the Regent Awards Selection committee.

Policy 2.E: Faculty, Staff, and Student Representatives to the Board of Regents

The chairs of the Faculty Council, University Staff Council, and Intercampus Student Forum shall be representatives to the Board of Regents, communicating with the system administration and the board regarding matters of interest to their respective universitywide constituencies. These representatives shall be provided an opportunity to make reports to the board at each regularly scheduled board business meeting, as provided in the meeting agenda. In the event that a representative is unable to attend a meeting, they may, with the consent of the board chair, designate another member of their constituent body to make the report.

History:
  • Adopted as Student Advisor to the Board of Regents, December 18, 1985.
  • Revised as Regent Policy 2-E Faculty, Staff, and Student Advisors to the Board of Regents, October 30, 2003; alumni representative added April 7, 2011.
  • Revised:  April 7, 2011; April 5, 2018.
  • Last reviewed:  April 5, 2018.

Policy 2.F: Board Meetings

2.F.1 Regular and Special Meetings

As described in Article 2.B.1 of the Laws of the Regents, the Board of Regents may meet either at regularly scheduled meetings or at special meetings noticed in accordance with the requirements of the Colorado Open Meetings Law. The official posting place for notice of all regents’ meetings is the Board of Regents website at https://regents.cu.edu.

2.F.2 Executive Session

At any regular or special meeting of the Board of Regents, the regents may meet in executive session for any purpose allowed under the Colorado Open Meetings Law. Any executive sessions will be conducted in accordance with the Colorado Open Meetings Law. The Board of Regents may not take formal action in executive session unless permitted by law. Any regent or administrator who attends an executive session is responsible for maintaining the confidentiality of any executive session discussions or materials unless the Board of Regents, with the concurrence of the University Counsel, has authorized a disclosure of executive session discussions or materials.

2.F.3 Purpose

The purpose of regular and special meetings of the Board of Regents is to support the regents in their governance functions, to allow the regents to exercise their fiduciary responsibilities, and to enable the regents to perform the functions vested in them under the Laws of the Regents and regent policy. The agendas for regular and special meetings of the Board of Regents should be developed to further this purpose.

2.F.4 Agenda Setting

In advance of any regular or special meeting of the Board of Regents, the Secretary of the Board of Regents shall request potential discussion and action items from the regent committees and the administration. In consultation with the administration and the vice chair of the board, the chair of the board shall determine the agenda for any regular or special meeting and authorize the Secretary of the Board of Regents to post the agenda in accordance with the Colorado Open Meetings Law.

2.F.5 Agenda Approval

At any regular or special meeting of the Board of Regents, the first action item will be the board’s approval of the agenda. After the agenda is approved, action or discussion items may be added to the agenda only upon the consent of the chair and vice chair or a two-thirds vote of the Board of Regents.

2.F.6 Distribution of Materials

Under normal circumstances where time permits, any materials or presentations related to action or discussion items for a regular or special regent meeting should be distributed to the regents and posted with the agenda in advance of the meeting.

2.F.7 Development of Policy

The development of policy, defined as those actions that are intended to influence future actions and decisions within the university, should occur through defined policymaking processes, rather than through direct action by the Board of Regents. Under normal circumstances, the appropriate regent committee should consider any new or amended Laws of the Regents or regent policies before the Board of Regents considers and votes upon them. The Board of Regents shall consider new or amended Laws of the Regents or regent policies that a regent committee has not considered only upon the affirmative vote of two-thirds of the regents.

2.F.8 Use of Resolutions

A resolution is intended to allow the Board of Regents to take action on a current matter, rather than to establish ongoing policy for the university. The Board of Regents will ordinarily consider a resolution only if: (i) an administrator who has responsibility over the subject of the resolution has brought it for the board’s consideration; or (ii) a regent committee has considered the resolution. The Board of Regents shall consider a resolution that one or more regents has brought without a regent committee’s prior consideration only upon the affirmative vote of two-thirds of the regents.

History:

  • Adopted: February 20, 1992.
  • Revised: October 30, 2003; March 22, 2007; April 6, 2017; and February 10, 2022.
  • Last Reviewed: February 10, 2022.

Policy 2.G: Direct Expenditure Authorization via Board Resolution

A notice of motion and fiscal note shall be required prior to approval of a resolution requiring direct expenditure of university funds. This policy applies to the following:

  1. A resolution has been proposed by a regent or the Board of Regents that directs the Secretary of the Board of Regents, university counsel, or any member of the university administration to enter into an engagement for goods or services.
  2. The proposed expenditure is expected to exceed $25,000.
  3. The source of the funds is either the Board of Regents budget or any other University of Colorado speed type.

The notice of motion regarding a proposed direct expenditure resolution shall be given at a previous regular or special meeting of the Board of Regents.

The fiscal note will include an estimate of the proposed cost prepared by the Office of the Vice-President and Chief Financial Officer of the University of Colorado.

The Board of Regents may waive these requirements upon an affirmative vote of two-thirds of the regents.

History:

  • Approved:  December 4, 2013.  Former Regent Policy G (1994-95 Regent Priorities) was rescinded.
  • Revised:  April 5, 2018.
  • Last reviewed:  April 5, 2018.

Policy 2.H: Regent Travel Policy

The Board of Regents recognizes that the interests of the University of Colorado are served when regents attend out-of-state events or functions in their official capacities. To ensure that such travel occurs only for appropriate purposes, the Board of Regents establishes the following procedures:

2.H.1 Any regent may submit a request to travel out-of-state for University of Colorado related purposes to the chair of the Board of Regents, or, if the person seeking authorization to travel is the chair of the Board of Regent, to the vice chair of the Board of Regents. The request must contain the following information:
(A) The identity of the regent who is seeking travel approval

(B) A description of the event or function for which the regent seeks approval to travel

(C) The dates of the event or function

(D) A description of the anticipated costs of the event or function, including airfare or mileage, hotel accommodations, registration fees, meals, and, to the extent known, other incidental expenses

(E) The purpose of the travel, including a description of how the regent’s attendance furthers the University of Colorado’s interests
2.H.1 The chair of the Board of Regents, or the vice chair, shall review any regent requests for travel and determine whether to approve the request. In making such a determination, the chair of the Board of Regents, or the vice chair, must determine that the requested travel is in the best interests of the University of Colorado and does not confer a benefit solely upon the regent who seeks approval. The chair of the Board of Regents, or the vice chair, may also consider the following factors in determining whether to approve the request:
(A) The anticipated value of the regent’s attendance at the event or function to the University of Colorado

(B) The cost of the regent’s attendance at the event or function in relation to the approved travel budget for the Board of Regents

(C) Travel requests by other regents and the desire to ensure that regents have equal opportunities to represent the Board of Regents
2.H.3 The chair of the Board of Regents, or the vice chair, shall notify the regent who submitted the request to travel of the disposition of the request. In the event that Chair of the Board of Regents approves the travel request, it shall serve as authorization for the University of Colorado to fund or reimburse the regent for travel related expenses. All such travel shall be conducted according to applicable University of Colorado policies.

History:

  • Approved:  April 29, 2014.  Former Regent Policy H (Authority of the Board Chair) was rescinded October 30, 2003.
  • Revised:  April 5, 2018.
  • Last reviewed:  April 5, 2018.

Policy 2.I: Political and Social Expression by Regents

The Board of Regents recognizes the individual right of its members to express opinions on matters of social and political concern. In accordance with Article 2.A of the Laws of the Regents, unless the Board of Regents specifically determines otherwise, an individual regent’s expression of opinion on matters of social or political concern does not constitute an expression by the Board of Regents. In discharging their duties or otherwise exercising official authority granted to the Board of Regents, regents remain obligated to uphold their fiduciary duties to the university.

History:

  • Adopted: September 12, 1996.
  • Revised: October 30, 2003; February 13, 2020.
  • Last Reviewed: February 13, 2020.

Policy 2.J: Fiduciary Obligations

The Board of Regents recognizes that a regent serves in a position of trust and agrees to observe fiduciary obligations in the exercise of official duties. These fiduciary duties include:

2.J.1 The duty of care by which a regent shall exercise the same degree of diligence and care in the discharge of regent duties that a reasonably prudent person would exercise when attending to personal affairs. In discharging this duty:
(A) A regent shall act at all times in good-faith and with the appropriate diligence, care, and skill required under the circumstances.

(B) A regent shall act in a manner reasonably believed to be in the best interests of the university.

(C) A regent shall actively attend and participate in board and committee meetings, evaluate the materials presented, and ask questions necessary to inform the regent’s performance of official duties.

(D) A regent may rely upon information, reports, and statements prepared by officers of the university and the administration and other persons in the employ of the university, so long as the regent has reason to believe that the person responsible for preparing and presenting the data is competent.
2.J.2 The duty of loyalty by which a regent shall exercise the regent’s authority in pursuit of the university’s best interests. In discharging this duty:
(A) A regent shall faithfully pursue the interests and mission of the university, rather than the regent’s own interests or the interests of another person or organization.

(B) A regent shall actively disclose existing or potential conflicts of interest and comply with Regent Policy 2.B.

(C) A regent shall maintain confidentiality about any matters presented to the Board of Regents in executive session as permitted by the Colorado Open Meetings Act, unless the board has authorized disclosure for a lawful purpose.

(D) A regent shall retain the Board of Regents’ independence from external and internal stakeholders in conducting its oversight and policy responsibilities.
2.J.3 The duty of obedience by which a regent shall exercise the regents’ authority consistently with the United States and Colorado constitutions, applicable state and federal laws, and the Laws of the Regents. In discharging this duty:
(A) A regent shall ensure that, in the exercise of official duties, the regent’s conduct is in accordance with applicable law and the university’s mission.

(B) A regent shall ensure that, in the exercise of official duties, the regent’s conduct observes university internal controls to achieve compliance with applicable legal requirements.

History:

  • Approved:  April 5, 2018.
  • Last reviewed:  April 5, 2018.

Policy 2.K: Personnel Authority for Employees Exempt from the State Personnel System

In accordance with its constitutional and statutory authority and duties, the Board of Regents shall make or approve all appointments, terminations, title changes, and salaries, including administrative stipends ("Personnel Matters"), for those employees exempt from the state personnel system. As used in this policy, termination does not include acceptance of resignations and retirements.

As permitted by C.R.S. §23-5-117, the board delegates its authority over Personnel Matters regarding faculty and staff to the president except as provided in Section 2.K.1 and 2.K.2.

2.K.1 The board retains authority for:
(A) Personnel Matters pertaining to officers of the university as defined in Article 3.B;

(B) The award of tenure to faculty and the revocation of tenure; and

(C) The award of term contracts as authorized by C.R.S. §24-19-104(1.5) and extensions to such term contracts.

2.K.2 The associate vice president of internal audit will be the hiring authority regarding Personnel Matters pertaining to university staff reporting directly to the associate vice president of internal audit.

2.K.3 The president may delegate the authority provided herein to a chancellor or vice president. The chancellor or vice president may further delegate this authority to an officer of the administration.

(A) All delegations of the president’s authority must be express and in writing and shall be posted on a central website.

2.K.4 The delegation described in this policy applies only to Personnel Matters as that term is defined in this policy. Authority over any personnel actions that are not included in the definition of Personnel Matters - for example, leave approvals, evaluations and acceptance of resignations and retirements - shall be exercised in accordance with and under the authority provided by applicable policies and procedures.

Resources:

https://www.cu.edu/regents/policy-2k-attachment

History:

  • The board approved a resolution on delegation of personnel authority on April 25, 1996; revised June 26, 1997; and revised January 20, 2000, effective July 1, 2000.
  • On August 3, 2000 the board approved Regent Policy 2-K; revised December 11, 2003; September 23, 2004; June 1, 2006; August 16, 2007; February 11, 2010; September 12, 2011; April 17, 2015 and September 11, 2015.
  • The term “officer and exempt professional” was replaced with the term “university staff” effective April 17, 2015.
  • Revised:  April 5, 2018.
  • Last reviewed:  April 5, 2018.

Policy 2.L: Public Comment at Committee Meetings of the Board

Public comment will be taken during committee meetings of the Board of Regents in accordance with the following procedures.

PROCEDURES FOR PUBLIC COMMENT AT COMMITTEE MEETINGS OF THE BOARD: Committee meetings of the board are held to facilitate the board's examination of specific matters determined by the board. In recognition of the value of public input when considering these agenda items, the board has developed the following procedures for receiving public comment. Persons who wish to take part in the public comment period should become familiar with and follow these procedures.

2.L.1 Requests for Public Comment:
A. For in-person meetings, a sign-up sheet will be provided at the scheduled committee meeting for all persons wishing to address the committee. Individuals wanting to provide public comment must sign up prior to the start of the respective meeting.  Speakers will be called in the order in which they signed up.

B. For remote meetings, individuals wanting to provide public comment must contact the office of the Board of Regents by noon prior to the day of the meeting to sign up. Information on how to contact the office of the Board of Regents regarding sign-up for public comment at a committee meeting will be provided on the website where the meeting is noticed.

2.L.2 Time Allocation: The committee chair will determine how much time will be allotted for public comment and this time period will be divided among the speakers.  Each person will be given not fewer than two minutes and not more than five minutes for comment.

2.L.3 Receiving Public Comment: The committee chair will determine when public comment takes place during the committee meeting.

History:

  • Adopted: December 7, 2000.
  • Revised: November 9, 2001; December 14, 2002; October 30, 2003 (as study sessions); December 5, 2006 (as committees of the whole); January 18, 2007; April 5, 2018; November 7, 2023.
  • Last reviewed: November 7, 2023.

Policy 2.M: Reprimand or Censure of a Board Member

The Board of Regents shall have the authority to censure a regent who is found by the Board to have violated the regent’s duties. In order for the Board to censure a regent, the Board of Regents must find by a preponderance of the evidence that the regent violated a specific statute, Board Law, or Board policy defining the regent’s obligation. Such a finding shall be made by the Board only after an investigation by the Board of Regents or the Board's designee. The investigation must include notice to the regent of the specific allegation of the alleged breach of duty, an opportunity for the regent to respond in writing to the specific allegation, and an opportunity for the regent to review any evidence related to the allegation. Unless otherwise permitted by law, the Board of Regents may not consider any matter related to the censure of a regent in executive session, and any censure must occur at a public meeting.

History:
  • Adopted:  March 24, 2005.
  • Revised:  April 5, 2018.
  • Last reviewed:  April 5, 2018.

Policy 2.N: Approval, Revisions or Repeal of Regent Policy

2.N.1 Approval, revisions or repeal of regent policy can be made only after notice of the proposed revision has been given at a previous regular or special meeting of the Board of Regents.  The Board of Regents may waive the notice requirement and allow approval, revisions, or repeal of regent policy upon an affirmative vote of two-thirds of the board.

Notwithstanding the requirements of this policy, the secretary of the Board of Regents, with the concurrence and direction of the Laws and Policies Coordinating Committee1, may make the following changes to regent policy without a vote of the board:

(A) Correct obvious errors and inconsistencies.

(B) Correct inaccurate references to the titles of officers, departments, or other agencies of the university and to other regent laws or policies and make such other name changes as are necessary to be consistent with the laws and policies currently in effect.

(C) Clarify existing regent laws or policies, modernize terminology, and make such other non-substantive changes as the Laws and Policies Coordinating Committee considers proper.

(D) Adopt a uniform system of punctuation, capitalization, and wording, and incorporate such system into existing regent laws and policies.

The secretary of the board may not change the substance of any regent policy but may make such changes in arrangement and terminology that will, in the judgment of the Laws and Policies Coordinating Committee, improve the style and clarity of the policies, yet preserve the intent, effect, and meaning of each provision. The movement of sections between regent laws and policies is considered a substantive change. The Laws and Policies Coordinating Committee shall keep a record of any changes made pursuant to this policy that are not subject to a vote of the Board of Regents. A written summary of any new changes will be provided at each Regent Governance Committee meeting, and a written summary will be included for each Board of Regents’ meeting as part of the Governance Committee Report.

1 This is an administrative committee established to support the formal review of regent laws and policies as outlined in Board of Regent resolutions approved on November 6, 2015, and April 28, 2023.

History:

  • Approved: September 9, 2013.
  • Revised: April 5, 2018; June 22, 2023; November 7, 2023.
  • Last Reviewed: November 7, 2023..