Focused Report

for Commission on Colleges
Southern Association of Colleges and Schools


 

Focused Report
CS3.2.2.4

 

Compliance Item Number and Description
Comprehensive Standard 3.2.2.4 The legal authority and operating control of the institution are clearly defined for the following areas within the institution's governance structure: related foundations (athletic, research, etc.) and other corporate entities whose primary purpose is to support the institution and/or its programs.

Judgment of the Off-Site Review Committee:

Non-Compliance

Comments:

By law, the Board of Trustees is encouraged to establish private, nonprofit corporations to support the institution. The Board of Trustees bylaws recognize that power of the Board of Trustees. The institution has provided extensive documentation concerning the relationship between the college and the two related foundations: Craven Community College Foundation and Public Radio East Foundation. The institution, through the president and the chief financial officer, has access to adequate information about the foundations and their activities.

Although the president of the college and the vice president for finance are involved in both foundations, there is no agreement between either foundation and the college. There was an agreement provided between the local sheriff and the foundation, but it listed the foundation as "college" in the agreement. It is unclear whether the employee provided by the sheriff and paid by the "college" was actually being paid by the foundation or the college, and it was, thus, unclear under whose direction and control the employee functioned. The On-Site Review Committee should confirm the legal control and operating authority for the two foundations.

 

College Focused Response:

To clarify the legal control and operating authority for the two foundations (Craven Community College Foundation and Public Radio East Foundation), the Craven Community College Board of Trustees passed Memoranda of Understanding for both foundations at its July 18, 2006 meeting. The Memorandum of Understanding with the college foundation was confirmed by the Craven Community College Foundation Board at its August 1, 2006 called meeting. The Memorandum of Understanding with the Public Radio East Foundation Board was confirmed at the PRE Foundation's August 10, 2006 called meeting.

Each Memoranda of Understanding lays out the duties of the respective Foundations and the duties of the College. The Memoranda of Understanding also address cooperation, indemnification, independent entities, term, successors and assigns, and modifications, waivers, and amendments.

Also at its July 18, 2006 meeting, the Craven Community College Board of Trustees passed a Donations and Gift Receipt Policy. The Donation and Gift Receipt Policy requires all donations of money or gifts of personal property to be reviewed by the Executive Director of Development and Outreach Programs and the President, and places full authority for accepting or declining a donation with the President. The Donations and Gift Receipt Policy also outlines conditions for acceptance of gifts of real property, and indicates that no gift of real property may be accepted by the College or one of its Foundations without the approval or concurrence of the Craven Community College Board of Trustees.

The policies explicated by the Craven Community College Board of Trustees in their Donations and Gift Receipt Policy were confirmed by the boards of each of the two foundations in the form of a Joint Donations and Gift Receipt Policy applicable to both the Craven Community College Foundation and the Public Radio East Foundation. The Joint Donations and Gift Receipt Policy was confirmed by the Craven Community College Foundation Board at its August 1, 2006 meeting and by the Public Radio East Foundation Board at its August 10, 2006 called meeting.

Regarding the agreement with the sheriff referenced by the Off-Site Review Committee, the agreement was attached to Comprehensive Standard 3.2.2.3 and was interpreted by the Off-Site Committee as an agreement between the Craven Community College Foundation Board and the sheriff. The agreement is between Craven Community College and the Sherriff's Department, and consequently there is no role of either college foundation in this relationship. The agreement was cited in 3.2.2.3 as an example of the president's authority in regard to auxiliary enterprises.

   

CRAVEN COMMUNITY COLLEGE
800 College Court | New Bern, NC 28562 | 252-638-4131

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