Chapter 9 - General Provisions
Publication Date: August 17, 2009
Responsible Executive: President
9.03 Handbook Of Operating Procedures Amendment Approval Process
- The University of Texas at San Antonio (UTSA) Handbook of Operating Procedures (HOP) contains official policies including rules and regulations for the governance of UTSA. The rules and regulations constituting the HOP must not conflict with any rule or regulation in the Regents' Rules and Regulations. Any HOP policy that is in conflict with the Regents' Rules and Regulations is null and void and has no effect and guidance will be taken from the Regents' Rules and Regulations until the HOP can be brought into compliance.
- The president of UTSA has the authority and responsibility to prepare and submit to the appropriate Executive Vice Chancellor and the Vice Chancellor and General Counsel for approval, the rules and regulations constituting the HOP.
- The president has appointed the head of Audit, Institutional Compliance and Risk Services, or his/her designee to be the HOP Policy Coordinator. Institutional Compliance and Risk Services is the university office responsible for coordination of policy development and review and to ensure institutional compliance with this policy.
- The HOP Committee has authority over the development and review processes of new and existing policy.
This policy applies to any significant change to the institution's HOP, including the addition, reformatting, modification, or deletion of policies and procedures.
The purpose of this policy is to set forth the procedure for amending the institution's HOP including obtaining input from faculty, staff and student governance bodies that may be affected by change in policies and procedures
- Designations and Responsibilities
- The policy coordinator will chair the HOP committee. The HOP committee will review all HOP sections and for each section is responsible for designating a responsible executive; determining a periodic review schedule; designating, with the concurrence of the Faculty Senate, whether it pertains to the areas of faculty responsibility in educational policy formulation; and documenting and facilitating appropriate consultation and stakeholder review.
- HOP Review Process
- Policies Not Related to Educational Matters
- A university administrator proposing a new HOP section will draft the policy, in prescribed HOP policy template format, and prepare a statement of background and rationale for the new policy. (The policy coordinator will provide assistance upon request.) A university administrator proposing an amendment to an existing HOP section will prepare a draft with annotated changes along with a statement of background and rationale for the amendment. The proposing administrator will route the documents through the appropriate responsible executive(s) or their designees.
- The responsible executive (vice president or president), after review and preliminary approval, will submit the proposal to the policy coordinator who will distribute it to the HOP committee. The HOP committee will determine the appropriate stakeholder review and comment period. Policies unrelated to educational matters will normally be reviewed within 60 calendar days.
- The policy coordinator will distribute the proposed HOP policy to affected stakeholders with a timeline for comment and review.
- Timely advisory input from stakeholders will be provided to the policy coordinator who will coordinate with the responsible executive or their designee for consideration of the comments and response, if appropriate.
- The responsible executive will resubmit the proposed HOP policy with any necessary changes to the HOP committee. The committee will determine whether additional stakeholder review is necessary given the substance of the revisions.
- Once a majority of the HOP committee has approved the proposed HOP policy, it will be submitted to the Office of Legal Affairs for a legal sufficiency review. The Office of Legal Affairs will provide the Office of Institutional Compliance and Risk Services with advice and recommendations for change. Such advice and recommendations, which should be treated as confidential in accordance with Section IV D, below, may be submitted to the HOP Committee for their further review.
- After a proposed policy has received legal review, it will be resubmitted to the HOP Committee for approval to submit to the President.
- The President will approve or return the proposed policy to the HOP Committee for further consideration.
- Educational Policy
- New or amended educational policies will be reviewed in accordance with Section B. 1. (a.-h.)
- Review by the Faculty Senate is requested within 60 calendar days. Special circumstances for time extension may be considered by the HOP Committee.
- HOP Policies with No Significant Changes
- proposed changes to HOP sections that are not significant as determined by the policy coordinator and majority of the HOP committee do not need to be approved in accordance with this policy or reviewed by the Executive Vice Chancellor or Vice Chancellor and General Counsel.
- Policies Not Related to Educational Matters
- Each policy in the HOP will be reviewed in accordance with the review schedule and timelines using the applicable process in Section B.
- After approval by the president, the policy coordinator will submit the proposed HOP policy to the appropriate UT System Executive Vice Chancellor and the Vice Chancellor and General Counsel for review and approval. The submission should include any changes with annotated changes and include a brief background and rationale for the proposed policy.
- The policy coordinator will notify the HOP committee and responsible executive regarding the resolution of any comments received from UT System and make conforming changes as needed. Recommendations and comments from university and UT System attorneys are legal advice provided to university administration and are to be treated as privileged and confidential attorney-client communications.
- The policy coordinator will update the web online HOP and notify the university community via email.
- Designations and Responsibilities
- Educational policy: Sections of the HOP that pertain to the areas of faculty responsibility as set forth in Regents' Rules and Regulations, Series 40000, Rule 40101.
Governance of the institution: Consists of the policies and procedures, except medical procedures or protocols, affecting the way the institution directs, administers or controls the institution. This includes policies and procedures:
- Directing compliance with applicable state and federal laws and regulations, Regents' Rules and Regulations, and UT System policies and policies with System-wide application;
- Addressing or affecting the responsibility and/or authority of the various offices and bodies that make up the institution; and
- Addressing the relationships between administration, faculty, students, and staff and institutional values and/or goals.
- HOP committee: The committee appointed by the president to review and make recommendations to the president regarding the HOP. The HOP committee membership includes the president or his or her designee, the vice presidents or their respective designees, the Faculty Senate chair, Staff Council chair, Student Government Association president, the policy coordinator, and other individuals as appointed by the president.
- Policy coordinator: Person or office appointed by the institution's president to ensure institutional compliance with this policy.
- Responsible executive: The president, or his or her designee, or vice president, or his or her designee, who is responsible for the programmatic, functional or administrative areas addressed by the policy and procedure.
- Significant change: A change that results in a substantive change in the rule including changes to essential principle(s), scope or application of the HOP policy or procedure. Editorial changes, changes to reflect institutional organizational changes, paragraph and outline numbering, and reference citations are not significant changes.
Regents Rules and Regulations, Series 20000, Rule 20201
Regents Rules and Regulations, Series 10000, Rule 10100
Regents Rules and Regulations, Series 40000, Rule 40101