Chapter 2: Governance of the University
2.1 System and Other Authority
The University of Texas at El Paso (University) is governed by the Rules and Regulations of the Board of Regents of The University of Texas System, the U.T. System Systemwide Policies (UTS Policies), and by this Handbook of Operating Procedures (HOP). The University is also subject to all applicable federal and state laws and regulations.
In addition, the University is subject to the minute orders of the Board of Regents and administrative policies and directives issued by appropriate officials of The University of Texas System. Further, certain authority and responsibility for the institution is held by the Texas Higher Education Coordinating Board, as specified by the laws of the State of Texas.
2.2 Faculty Role in Educational Policy Formulation
Any member of the faculty desiring to present a proposal for a change in policies or procedures of the University may do so by presenting the proposal in writing to the Faculty Senate President one month before a regularly scheduled meeting of the Faculty Senate. The Faculty Senate President shall distribute copies of such a proposed change to the members of the Faculty Senate at least one week before the meeting at which it is to be considered. The Faculty Senate may refer the proposal to one of the standing committees or to an ad hoc committee for study. The Faculty Senate President will communicate the substance of the proposed change to the University President (President) and indicate whether the Faculty Senate's recommendation is favorable or unfavorable. In no event shall the Faculty Senate withhold its favorable or unfavorable recommendation on such a proposal beyond three regularly scheduled meetings.
Nothing stated in this section shall be construed as denying any member of the faculty direct access to the President, subject only to the ordinary considerations of operation in the President's Office.
2.3 The Handbook of Operating Procedures
2.3.1 Policy
Regents’ Rule 20201, Sec. 4, Subsection 4.9, requires that the President of each component institution develop and administer the rules and regulations for the governance of the institution and any related amendments. Such rules and regulations shall constitute the HOP for the institution.
No provision of the HOP may conflict with the Regents' Rules and Regulations. When such a conflict exists, the conflicting rule or regulation in the HOP is void and has no effect. Whenever a conflict with the Regents’ Rules and Regulations is detected, the President shall initiate procedures to timely revise or remove the conflicting HOP provision.
All rules and regulations or amendments in the HOP must be approved by the institution’s Chief Legal Officer and then submitted to the President for final approval.
2.3.2 Distribution
The President shall cause the HOP and approved amendments to be available to all administrative offices in the University and to appropriate offices of The University of Texas System through electronic distribution, which is also available to the general public. The Office of Institutional Compliance shall be responsible for maintaining and updating the HOP, ensuring its availability electronically at https://www.utep.edu/hoop/. As promptly as possible after an amendment has been approved in accordance with Regents' Rules and Regulations, the revised version shall be posted electronically, and the Office of Institutional Compliance shall maintain a permanent record of all such amendments.
2.3.3 Amendments Approval Process
2.3.3.1 Scope
This policy applies to any significant change to the institution’s HOP, including the addition or deletion of policies and procedures.
2.3.3.2 Purpose
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 changes in policies and procedures.
2.3.3.3 Definitions
2.3.3.3.1 Educational Policy: Sections of the HOP that pertain to the areas of faculty responsibility as set forth in Regents’ Rule 40101.
2.3.3.3.2 Governance of the institution: Consists of the policies and procedures except medical procedures or protocols, affecting the way the institution directs, administers, and controls the institution. This includes policies and procedures:
(a) directing compliance with applicable state and federal laws and regulations, Regents’ Rules and Regulations, and UT System policies with System-wide application;
(b) addressing or affecting the responsibility and/or authority of the various offices and bodies that make up the institution; and
(c) addressing the relationships between administration, faculty, students, and staff and institutional values and goals.
2.3.3.3.3 HOP Committee: The individuals appointed by the President to review and make recommendations regarding the HOP to the President. The HOP Committee includes the President or their designee, the Vice Presidents or their respective designees, the Faculty Senate President, Staff Council Chair, Student Government Association President and other individuals, as appointed by the President.
2.3.3.3.4 Policy Coordinator: The Director for the Office of Institutional Compliance, or their designee, to ensure institutional compliance with this policy.
2.3.3.3.5 Policy Owner: The President, or their designee, or Vice President, or their designee, who is responsible for the programmatic, functional, or administrative areas addressed by the policy and procedure.
2.3.3.3.6 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, and requires the HOP Review Process under 2.3.3.4.2.
2.3.3.3.7 Expedited Review Change: Changes requiring the University to comply with state and federal laws and regulations, Regents’ Rules and Regulations, and UT System policies are considered an expedited review and do not need to be approved in accordance with this policy.
2.3.3.3.8 Editorial Change: Changes which reflect an organizational change, paragraph and numbering change, clerical correction, or reference change are not considered significant and do not need to be approved in accordance with this policy.
2.3.3.4 Procedure
2.3.3.4.1 Designations and Responsibilities.
The Policy Coordinator will be responsible for coordinating with the HOP Committee and have administrative oversight with regard to policy development and review. The HOP Committee will: review all HOP policies; review the designation of a Policy Owner for each policy; determine a periodic review schedule and timeline that takes into consideration the best interests of the institution regarding timely implementation of the proposed HOP policy including but not limited to legal or otherwise mandated deadlines for policy implementation; and identify whether HOP policies pertain to the areas of faculty responsibility in educational policy formulation.
2.3.3.4.2 HOP Review Process.
(a) A University office proposing a new HOP policy will draft the policy in correct HOP format and prepare a statement of background and rationale for the new policy. (The Policy Coordinator will provide assistance upon request). A University office proposing a HOP revision will prepare a draft in the correct HOP format along with a statement of background and rationale for the revision. The proposing office will route the documents through the appropriate Policy Owner or their designee for approval.
(1) Review of a new or amended Educational Policy by the faculty governance body of the University should occur within 60 calendar days or less, in accordance with Regents’ Rule 20201, Section 4.9(b).
(b) The Policy Owner will submit the proposal to the Policy Coordinator who will distribute it to the HOP Committee for review and approval.
(c) The Policy Coordinator will distribute the proposed HOP policy in accordance with the periodic review schedule and timelines.
(d) Advisory input from Committee members returned timely to the Policy Coordinator will be provided to the Policy Owner for consideration.
(e) The Policy Owner will resubmit the proposed HOP policy with any incorporated changes to the Policy Coordinator.
(f) Once a majority of the HOP Committee has approved the proposed HOP policy, it will be submitted to the Chief Legal Officer for approval and then to the President for final approval.
2.3.3.4.3 Each policy in the HOP will be reviewed in accordance with the periodic review schedule and timelines using the applicable process in Section 2.3.3.4.2.
2.3.3.4.4 The Policy Coordinator will submit the proposed HOP policy to the Chief Legal Officer. The submission should include any changes shown in the correct HOP format and a brief background and rationale for the proposed policy.
2.3.3.4.5 The Policy Coordinator will notify the Policy Owner regarding the resolution of any comments received from the Office of Legal Affairs and make conforming changes as needed. Recommendations and comments from University attorneys are legal advice provided to University administration and are to be treated as privileged and confidential attorney-client communications.
2.3.3.4.6 The Policy Coordinator will submit the proposed policy to the President for approval. After approval by the President, the Policy Coordinator will notify the HOP Committee and the Policy Owner by email and update the online HOP.
2.3.4 Interpretation
The President shall have the ultimate authority to interpret the meaning of the provisions contained in the HOP and may seek advice from The University of Texas System Office of Academic Affairs or the Office of General Counsel on questions of jurisdiction and interpretation.
2.4 Other Documents Pertaining to Governance, Policy, and Information
2.4.1 The Catalog
The University publishes official Undergraduate and Graduate Catalogs prior to the start of each academic year, in an online format. Official changes to policies and degree programs are updated on this annual schedule, although error corrections may be published during an academic year.
The Catalog contains general information about the University, as well as information on admission, financial aid, tuition and fees, academic regulations, degree programs, degree plans, credit and non-credit courses, and student services. The current and archived Catalogs are available online to all UTEP students, staff, and faculty, as well as to prospective students, alumni, and other members of the general public.
2.4.2 Procedural Manuals, Local Directives, and Bulletins
Upon approval of the President, other policy or procedural manuals, directives, and bulletins, which announce, describe, interpret, or explain University policy and administrative procedures will be issued for guidance of officers, faculty, staff, and students in the conduct of University business.
Such publications shall be consistent with the Regents' Rules and Regulations and the HOP and shall not amend, modify, or substitute for the official Regents’ Rules and Regulations of The University of Texas System or the HOP of the University.
These publications may include but are not limited to the following:
2.4.2.1 Business Process Guidelines -- The Office of the Vice President for Business Affairs shall cause to be prepared official manuals of administrative procedures for departmental chairs, directors, and other supervisory administrative personnel. Business Process Guidelines shall be available at: https://www.utep.edu/vpba/business-process-guidelines/index.html.
2.4.2.2 Informational Manuals or Handbooks -- Each divisional Vice President may cause to be prepared informational manuals or handbooks which interpret or explain policies and procedures in practical terms to facilitate the conduct of University business by specific segments of the University Community. These publications shall not amend, modify, or substitute for official rules and regulations of the UT System or the University. Publications may include but are not limited to:
- Faculty Manual -- a reference to policies, administrative procedures, and services for faculty and academic administrators prepared by the Office of the Provost and Vice President for Academic Affairs. The Faculty Welfare Committee of the Faculty Senate may advise the Vice President for Academic Affairs concerning the preparation and revision of the Faculty Manual.
- Student Handbook -- a reference to policies, administrative procedures, and services for students prepared by the Dean of Students.
- Research Manual -- a reference to policies, administrative procedures, and services pertaining to the procurement and conduct of research grants, contracts, or other sponsored activities and the administration of intellectual property for faculty or staff prepared by Research and Innovation.
- Standards of Conduct Guide – a reference to supporting policies, procedures, and guidelines, that are a shared statement of ethical, professional, and legal standards to be used by University employees as a basis for daily actions and decisions.
2.4.2.3 Bulletins, Newsletters, and Policy Memoranda may be issued to remind the University community of existing policy or procedures or to announce new or revised policies or procedures to be subsequently incorporated into the Regents’ Rules and Regulations, the HOP, or procedural manuals, as appropriate. Such announcements of new or revised policies or procedures are effective immediately upon publication and distribution by printed or electronic means.
2.5 References
Regents’ Rule 20201, Presidents, 4.9
Regents’ Rule 10100, Rule and Rules and Regulations
Regents’ Rule 40101, Faculty Role in Educational Policy Formulation
