Dartmouth investments in board members' firms raise questions about disclosure requirements

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Allegation that Dartmouth's board behaved unethically when it invested with firms managed by members raises questions about whether disclosure laws should do more to discourage such behavior.

Davidson reconsidering requirement that president be Presbyterian

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Davidson is one of the few Presbyterian colleges that still require presidents to be members of the denomination. Now the college's board is studying that rule and may overturn it.

Columbia trustee's column challenges notion that trustees should speak with one voice

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A trustee's critical column in Columbia's student paper challenges the notion that private university trustees should speak with a unified voice.

Augustana retreat an exercise in collective governance

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Augustana College president tries to give professors a voice in institutional governance at a time when faculty members across the country feel marginalized.

Kean University president faces questions about his academic record

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The controversial president of Kean University is facing questions from faculty members about the veracity of academic records dating back almost 30 years.

Report finds trustees unwilling to push institutional change

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Trustees see numerous problems on the horizon, but few are willing to challenge presidents or push radical changes, report finds.

Role boards play in the racial debates on campuses (essay)

The long-simmering tensions related to race, ethnicity, inclusion and diversity in higher education have reached the boiling point nationally. The headlines regarding protests and demands, not only by students but also by faculty and staff members, at Claremont McKenna College, Ithaca College, the University of Missouri, Yale University and elsewhere have put such issues firmly on the agendas of boards of trustees everywhere, if they were not there already.

And those recent controversies probably have added a sense of urgency to the conversations. While some boards have been giving these matters some attention for some time, we have now reached a tipping point where all boards must step up to partner in leadership with the president.

Regardless of trustees’ personal or political views on affirmative action and other policies, boards have an important role to play in their fiduciary as well as strategic roles with respect to race and inclusion at their institutions and within the state systems that they govern. The following are some specific steps that boards should consider. They should:

Ask for numbers and climate data. Boards should request meaningful data related to race, ethnicity and socioeconomic diversity; discuss the data and trends over the past three to five years; and understand the implications of what they learn.

Beyond the data on enrollment, retention and graduation rates by race and ethnicity, Pell eligibility, and gender, boards should ask for more granular data to identify meaningful trends. In what degree programs are students of different races and ethnicities enrolling? How well are different demographics of students progressing across these various degree programs?

For instance, are white students succeeding in STEM at different rates than minority students? Does a higher percentage of minority students leave after junior year as compared to other types of students? Or do those students not return as sophomores at different rates than majority students? What about admissions and yield patterns by race, ethnicity and socioeconomic status?

Another type of data to collect relates to campus climate, which differs from asking for information that the institution already has. The methodologies often include surveys, focus groups and interviews. Climate studies may be a significant undertaking, yet they can yield keen insights because they allow personal stories to emerge. They help leaders understand the actual experience of students, faculty and staff in ways that numbers alone cannot.

Ensure a comprehensive diversity plan. In addition to the need to understand current and emerging issues, boards should ensure that the institution has an intentional plan to encourage campus diversity and equity for students, faculty and staff. Such questions include: Is the plan appropriate? Does it address the right elements? Is it consistent with other institutional goals and priorities, such as those outlined in the strategic plan? Are the milestones and metrics sensible? How realistic is the timeline? Does it clarify who is responsible for what?

Hold the president accountable. A primary responsibility of boards is to ensure progress on institutional milestones and goals, and they do this by holding the president accountable. In turn, the board should be assured that the president is holding his or her staff and the faculty accountable for progress, as well. By being explicit about their expectations, the board sends an important signal that it too cares about equity in a sustained and systematic manner.

That said, any new goals must work in concert with other presidential priorities. Unrealistic goals and a constantly changing set of priorities do little to advance the institution or provide an effective North Star for progress.

Support the president. When the institution faces difficult and challenging issues -- as those involving race, diversity and inclusivity frequently are -- a board will also often need to counsel and support the president. Many presidents have and will come under fire for lack of perceived progress on objectives related to diversity and equity. While some deserve the criticisms they receive, others are and have been working diligently on this agenda.

Given the sense of frustration on many campuses, the way forward is often unclear, with no road map. There are no simple, proven strategies or silver-bullet solutions. If progress on diversity were easy, higher education -- and the nation -- would be farther along on these lasting challenges.

Acknowledge complexity. Change in the academy can be difficult and seem slow, much to the frustration of some trustees. The complex and often contentious issues of diversity and inclusion are adaptive challenges, not technical problems with quick fixes or clear answers. In fact, treating these issues as technical problems in order to apply a tried solution may only exacerbate them.

Instead, boards must work with the president, staff, faculty and students to examine the issues, acknowledge the complexity of views of multiple stakeholders, think critically about them, define what can be done and take steps forward -- in some cases boldly, and in others more incrementally.

Make sure a campus protest plan is in place. Headline-grabbing protests have occurred at a handful of campuses and are likely to unfold at others. It is impossible to say which institutions might face significant protests. Boards should help ensure that their campuses are prepared for possible protests and know their role if such protests emerge. Intentional conversations with campus leaders can help articulate a strategy and minimize any risks to people, property and reputations.

Develop a media strategy specifically for the board. An effective approach includes clarifying questions with the board such as: Who speaks for the board? Who crafts the talking points? What do rank-and-file board members say or not say if they are approached by the media?

Any communication strategies also need to attend to social media. How are the institution and the board monitoring it? What are the means of communication that the board should pursue or try to minimize? What are the priority outlets where the board and institution should focus their attention? How agile can such media strategies be if the platforms shift, from, say, Twitter to Instagram?

Discuss lessons learned from other industries, fields or sectors. Many trustees are highly effective leaders in their own industries and fields. They may have lessons and insights to share from outside of higher education that can help campus leaders.

For instance, many corporations and nonprofit organizations have made tremendous strides related to diversity and inclusion in the workplace. Others may have lessons to share from failed efforts that can also be illuminating. Boards should not shy away from serving as counselors when they have insights to share.

At the same time, savvy boards know that not all ideas from corporate or other settings transfer smoothly into higher education. Discovering what applies well or not can only happen through a candid dialogue between the board and the administration.

Look in the mirror. Most boards themselves have a lot of work to do regarding their own diversity. According to the most recent survey of the Association of Governing Boards of Universities and Colleges, the racial and ethnic diversity of boards has not increased significantly over many years. Thus, boards should consider the ways in which issues of diversity, inclusion, voice, power and perspective play out in their own boardrooms.

Key questions to ask include: How diverse is the board? To what extent does it mirror the campus or larger community? What are the experiences of minority board members? Do they feel their voices matter consistently? How well has the board retained minority members? Do they hold positions of board leadership?

Such conversations can be difficult to frame and hold, much like what is occurring on college campuses -- yet they are essential for the board to have. People on the campus must know the board is as serious about addressing such issues within itself as it is within the institution.

Build the campus culture by design, not default. Values matter greatly in the academy. In their dialogues with key stakeholders, boards should always think about the campus culture they want to build and the values they hold most dear and want to perpetuate. Those values should be pervasive throughout the campus -- so embedded in the culture (part of the ethos of the place) that they define all interactions and are defended at all costs. Boards should spend time learning how students experience the climate and culture, what shapes the student experience, and whether that differs across diverse groups and individuals.

Listen to students, faculty and staff. Trustees often are most comfortable in a problem-solving mode. But what may better serve their institutions is simply to be able to listen and empathize with students, withholding immediate judgment. Boards must remember that the heart of the matter is about students, their experience and their success. Moving too fast to solutions without understanding the nuance of the issues may provide a short-term sense of progress but create more significant challenges in the future. Building bridges between the board and students and other groups on the campus may be more important now than it has been in the last decade.

In sum, the challenges of race/ethnicity and equity are longstanding in the academy. Ten years ago, the American Council on Education released a report aimed at new presidents about leadership strategies for campus diversity, Leadership Strategies for Advancing Campus Diversity. The insights still resonate today, because unfortunately the challenges remain even if the stakes are higher now. In addition to the work of administrators, faculty and staff, board members have the potential to add value in creating a campus culture that is truly open, welcoming, respectful, diverse and inclusive.

Peter Eckel is a senior fellow and the director of leadership programs at the University of Pennsylvania’s Alliance for Higher Education and Democracy. Cathy Trower is president of Trower & Trower Inc., a board governance consulting firm.

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Milwaukee technical college board under fire for lack of minority representation

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At Milwaukee Area Technical College, some students, faculty and community members feel the new, pro-business appointment process to the institution's board disenfranchises minorities.

New report calls for trustees to take more active role

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Panel urges boards to become more involved in everything from presidential searches to the curriculum.


Essay calls on college boards, not others, to deal with problematic trustee behavior

In Texas, a House of Representatives panel has found grounds for impeaching a regent of the University of Texas system. The regent, a gubernatorial appointee, has asked for an enormous amount of material related to the performance of the president of UT-Austin — some people say several hundred thousand pages' worth, often through open-records requests. He believes it is necessary to cull this information, but his critics characterize his requests as a witch hunt.

At the College of Charleston, board members selected as the next president a candidate who did not emerge from the formal search process. He is a politician whose name was advanced by the state legislature and who has never worked in higher education, prompting student and faculty protests. While we wish this new president success, the willingness of policy makers to usurp the college’s board raises important issues about governance.

It’s difficult to ignore these incidents and the other less-than-effective work occurring in some of the boardrooms of our colleges and universities. Such behavior shines a spotlight on America’s distinct form of higher education board governance: voluntary, citizen boards that oversee the work of colleges and universities. And it raises a fundamental question: Just how far does the authority of any one board member extend?

The 50,000 men and women who serve as board members are the public’s closest connection to our country’s colleges and universities — institutions that hold the key to the future not only of the students who attend them, but also of the entire nation. Each member must have the confidence that he or she can inquire about information that is relevant to the board’s policy considerations. At the same time, there are limits. Individual members of governing boards hold no specific or individual authority; it is the board, as the fiduciary body, that holds and implements its legal authority. It’s a bit of a balancing act.

The challenges of that balancing act are especially apparent in the case of the Texas regent. The situation raises a number of difficult yet important questions:

  • How much information sought by one board member is appropriate in order to inform decision-making and oversight?
  • When does the demand for information border on the excessive or reach the point of diminishing returns? 
  • Is it effective stewardship to search until something is found, or instead to ask pithy and relevant questions?
  • Is there a risk of substituting political considerations for sound oversight?
  • And, most important, does such an effort actually serve the public’s interest? Or does it smack, on some level, of an individual’s personal agenda — one that misses the point of board service and stewardship? And, then, who is to monitor such behavior? 

Other recent incidents of trustees possibly, if not probably, overreaching their authority raise similar questions, and their board colleagues should address them. Higher education is facing enormous challenges; its governing bodies must find ways to raise their overall performance and to focus on the ever-more-uncertain future of higher ed.

Going against the norm and being the sole voice for what is right in many ways defines who we are as a nation. And yet, board governance is a team sport, and fiduciary principles require a corporate approach. It’s not that individual trustees shouldn’t raise difficult issues, but the genesis of those issues should be considered and discussed. When board members leverage their role to advance a point of view — perhaps even representing the interests of others, including policy makers who are not board members — it is a violation of the independence so necessary to board service and calls into question our model of governance.

At the same time, the monitoring of board-member performance belongs in the boardroom. Governing boards hold the ultimate authority to establish policies for the institutions they oversee. While states may allow for removal of a board member of a public institution governing body by the appointing authority, the best oversight of board-member behavior comes from peers who should also be committed to the fiduciary principles that define such service.

Of course, the challenge is to be certain that boards recognize what it means to be a fiduciary and the standards expected of the board (and its members) to uphold the interests of the institutions they oversee. Boards must protect their independence and act on behalf of broader interests than just those that appoint them. We can’t afford to let boards fall short on their self-policing.

The future of the country, dependent in so many ways on the success of our colleges and universities, requires the oversight of governing boards whose members are fully aware of the scope of their fiduciary responsibilities. Serving the country’s higher education sector as a trustee, at either a public or private institution, is important and rewarding, and it is an honor. But those of us who have this honor must understand both the breadth and limits of our authority and influence.

Richard D. Legon is president of the Association of Governing Boards of Universities and Colleges.

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