Sec.10a-34-11. Administration

(a) Ownership and control. The ownership, control and type of legal organization of an institution shall be publicly stated, together with the names of all officers, trustees, owners and administrators.

(b) Governing board.

(1) There shall be an institutional governing board such as a board of directors or a board of trustees whose powers and duties are outlined in written documents.

(2) There shall be full disclosure of the nature and extent of any direct or indirect financial interest in the institution of each member of the governing board. The membership of the board shall include individuals who represent the public interest and who derive no financial gain from the operation of the institution.

(3) The responsibilities of the board shall include the determination and maintenance of adequate general policies and the appointment of a competent professional staff for administration and teaching. There shall be a distinction among the roles and personnel of the board and the administration to ensure the appropriate separation of these functions.

(c) Chief executive officer. There shall be a qualified chief executive officer for each institution whose powers and duties are outlined in written documents. Responsibility for the administration of all institutional policies and programs shall be clearly defined and assigned to qualifed persons.

(d) Parent organizations. If an institution of higher learning is part of a corporation or organization established for purposes other than or in addition to the offering of higher learning, the institution shall have a charter describing its purposes and objectives, a separate budget, and a qualified chief executive officer whose duties are described in written documents.

(e) Planning and evaluation. The institution shall have a planning process for establishing goals and objectives and for identifying the means to achieve its objectives. Planning shall include needs assessment and resource allocation. The institution shall have a review process to determine whether its programs and services are helping it to achieve stated objectives. The institution shall provide the resource and administrative support necessary to make planning and evaluation effective.

(f) Contractual arrangements. If the institution contracts for instructional services to be provided by a nonaccredited institution or a noncollegiate organization, these services shall be based on a written contract that provides for institutional control over the quality of the curriculum, instructional staffing, instructional support services, and the integrity of enrollment policies, student fees, refund policies and advertising.

(g) Ethical and nondiscriminatory practices. The institution shall adopt policies and procedures that ensure fair and equitable treatment of all those associated with or affected by its programs and services.

(h) Approval nontransferable. In the event that the management of an institution is transferred from one governing body to another, or from one owner to another, or both, the licensure or accreditation already granted to the institution shall be reviewed for appropriate action within one year after the date of such transfer. It shall be the responsibility of the institution's chief executive officer to report such changes to the Commissioner within 30 days of the effective date of such changes.

(i) Program administration. Responsibility for all aspects of a program, including but not limited to administration, instruction, advising and clinical supervision, shall be clearly defined and assigned to qualified members of the institution's faculty and staff. There shall be at least one qualified full-time administrator or faculty member directly responsible for the day-to-day operation of the program. There shall be provision for periodic internal evaluation and development of the program.

(Effective March 7, 1986)