Section 3 COMPREHENSIVE STANDARDS
Institutional Mission & Governance
3.1 Institutional Mission
3.1.1 The institution has a clear and comprehensive mission statement that guides it; is approved by the governing board; is periodically reviewed by the board; and is communicated to the institution's constituencies.
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3.2 Governance and Administration
3.2.1 The governing board of the institution is responsible for the selection and the evaluation of the chief executive officer.
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NARRATIVE:
The Trinity Valley Community College Board of Trustees is assigned the responsibility of appointing and evaluating the president as evidenced in Item 13 of TVCC Board Policy BAA (Legal). The current president, Ronald C. "Ron" Baugh, was appointed by the Board on August 31, 1987. TVCC Board Policy BFB (Local) specifies the seven areas on which the president's evaluation will be based. The evaluation normally occurs in August or September during a closed meeting. The minutes of closed meetings are confidential and cannot be included in a public document. However, minutes of such meetings are not detailed in nature and normally contain a statement like "the Board evaluated the president and shared the information with him." Minutes may be viewed by an appropriate individual during the on-site visit.
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3.2.2 The legal authority and operating control of the institution are clearly defined.
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The Texas Education Code 51.352(a) establishes that the legal authority and operating control of Trinity Valley Community College lies with the Board of Trustees. The law states that the Board "shall constitute the keystone of the governance structure," and that it “is expected to preserve the institutional independence and to defend its right to manage its own affairs through its chosen administrators and employees." The TVCC Board is charged with nurturing the College to achieve its full potential within its role and mission [TVCC Board Policy BAA (Legal); Responsibilities].
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3.2.2.1 The legal authority and operating control of the institution are clearly defined for the institution's mission.
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The rules and regulations of the Texas Higher Education Coordinating Board [Rule 9.53 Role, Mission, and Purpose] requires Trinity Valley Community College to develop mission and purpose statements consistent with its role as an open-door community college. This specifically includes serving students in our defined service area by "offering vocational, technical, and academic courses for certificates or associate degrees," as well as "[c]ontinuing education, remedial and compensatory education consistent with open admission policies." These rules are derived from state statute. The mission and purpose statements are published in the TVCC Catalog (p. 11) and on the TVCC Website (Mission Statement) .
The TVCC Board of Trustees is charged with insisting on clarity of focus for the accomplishment of the College mission [Texas Education Code 51.352(a)]. On April 25, 2005, the TVCC Board approved the mission statement “Trinity Valley Community College is a learning-centered college that provides quality academic, workforce, and community service programs to meet the educational needs of our students and the citizens of our service area” [TVCC Board Minutes (April, 25, 2005)].
The president, administration, faculty, and staff are charged with implementing board policies and for maintaining the day-to-day operations of the College to carry out this mission. The organizational structure utilized to operate TVCC is delineated in the TVCC Organizational Chart.
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3.2.2.2 The legal authority and operating control of the institution are clearly defined for the fiscal stability of the institution.
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NARRATIVE:
The fiscal stability of Trinity Valley Community College is a responsibility of the Board of Trustees and is accomplished through the Board's authority to levy and collect taxes, to approve the annual budget, fix and collect rental, rates, charges, or fees from students and others, and have accounts audited in accordance with the approved financial reporting system. This authority is described in TVCC Board Policy BAA (Legal) under the headings "Assessing and Collecting," "Annual Budget," "Rental, Rates, and Charges" and “Annual Audit." The Board approves the budget on or before the first day of September each year (TVCC Board Minutes), and an audit is conducted in accordance with the approved financial reporting system (see Comprehensive Standard 3.10.2 for more details). Additionally, Item 24 of TVCC Board Policy BAA (Legal) states that the board must "[a]ct as a fiduciary in the management of funds under the control of institutions subject to the Board's control and management." The Board delegates the day-to-day responsibility for fiscal affairs to the president, who has ultimate authority for implementing the budget as approved by the Board. The vice president for fiscal services is responsible for overseeing the financial processes and ensuring that adequate fiscal controls are in place (Vice President of Fiscal Services Job Description). For additional operating control details see Comprehensive Standard 3.10.4. Board approved annual reports are submitted to the governor, comptroller, state treasurer, state auditor, and the legislative budget board.
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3.2.2.3 The legal authority and operating control of the institution are clearly defined by institutional policy, including policies concerning related and affiliated corporate entities and all auxiliary services.
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The Board is granted the exclusive power to govern and oversee the management of Trinity Valley Community College as described under the section entitled "Governance" in TVCC Board Policy BAA (Legal). Board policy follows the state statutes regarding contracts with outside agencies and the operations of auxiliary services by the College [Texas Education Code 11.151 (b); Operations Delegated to the President; TVCC Board Policy CQ (Legal)]. The College's auxiliary services consist of the bookstore, cafeteria, student activities, the dormitories, and athletics. The bookstore is under the control of the vice president of fiscal services. The cafeteria, dormitories, and student activities are under the control of the vice president of student services, and athletics is under the control of the president [TVCC Catalog (p. 198; Organizational Chart)].
TVCC Board Policy CQ (Legal) limits College auxiliary enterprises as described under section "Retail Stores," which prohibits TVCC from extending the credit of the state to an obligor through the College's retail store.
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3.2.2.4 The legal authority and operating control of the institution are clearly defined for related foundations (athletic, research, etc.) and other corporate entities whose primary purpose is to support the institution and/or its programs.
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The Articles of Incorporation and the By-Laws of the Trinity Valley Community College Foundation clearly establish the purpose of the Foundation as well as the Board of Trustees' authority and operating control in relationship to the Foundation.
Article V of the Articles of Incorporation of the Foundation states,
The Corporation is formed for exclusively charitable, educational, and scientific purposes and to assist in the development of Trinity Valley Community College which will be under the operation, control and management of the Board of Trustees of Trinity Valley Community College, including the expenditure of funds for the purpose of assisting the College in obtaining and maintaining the best faculty and staff available, and for the establishment and maintenance of facilities and laboratories to be used by the College in conformity with the laws of the State of Texas and with the legal consent of the State of Texas; for the advancement of research and other literary and scientific undertakings; and to accept donations, gifts, and grants of money and property, to administer the same, and to expend funds upon a charitable, educational or nonprofit basis in behalf of the Trinity Valley Community College Foundation with all of such powers and authority necessary or incidental to the accomplishment of the purposes herein expressed.
TVCC Board Policy BFA (Local) states that the president has ultimate control of TVCC fundraising activities. For further discussion of the operating control of the TVCC Foundation (see Comprehensive Standard 3.2.12).
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3.2.3 The board has a policy addressing conflict of interest for its members.
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NARRATIVE:
Trinity Valley Community College Board Policies BBFA (Legal) and BBFA (Exhibit) specifically and clearly address conflicts of interests for board members.
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3.2.4 The governing board is free from undue influence from political, religious, or other external bodies, and protects the institution from such influence.
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Item 6 or TVCC Board Policy BBF (Local) addresses special interest groups and the requirement of Board members to refuse to surrender judgment to members of such groups.
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3.2.5 Members of the governing board can be dismissed only for cause and by due process.
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Trinity Valley Community College Board Policy BBC (Legal) addresses the reasons for which a Board member may be removed from office. To ensure due process, actions for removal of a Board member must be brought before a district judge.
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3.2.6 There is a clear and appropriate distinction, in writing and practice, between the policy-making functions of the governing board and the responsibility of the administration and faculty to administer and implement policy.
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NARRATIVE:
The Trinity Valley Community College Board of Trustees has the sole right to adopt policies as described in TVCC Board Policy BE (Local) under the headings of “Policy and Bylaw Development” and “Adoption.” The Board is charged with the responsibility to provide policy direction and adopt such rules, regulations, and bylaws as the Board deems advisable [TVCC Board Policy BAA (Legal); Provide Direction]. Board actions as a policy making body are evident in the TVCC Board Minutes.
Item 3 of TVCC Board Policy BBF (Local) specifies that the Board shall establish effective board policies and delegate authority of administration to the chief executive officer. The organizational structure through which this is accomplished is delineated in the TVCC Organizational Chart, which is published according to TVCC Board Policy BGA (Local). Faculty roles are outlined in the Faculty Procedural Handbook (pp.iv-v), which delineates faculty responsibility for implementing and evaluating the activities in the learning environment.
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3.2.7 The institution has a clearly defined and published organizational structure that delineates responsibility for the administration of policies.
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Trinity Valley Community College clearly defines and publishes a hierarchy of reporting relationships within the College that delineates responsibility for the administration of policies. The organizational chart is distributed in the TVCC Catalog p. 198, on the TVCC Website, and in the TVCC Fact Book. The organizational structure establishes the relationships between the Board of Trustees, the president, the administration, faculty and staff. The College has three vice presidents, including the vice president of instruction, the vice president of student services, and the vice president of fiscal services. The vice presidents, the dean of information technology, dean of administrative computing, dean of physical facilities, and the athletic director report to the president. Persons reporting to each of the vice presidents are delineated below.
The vice president of instruction is responsible for the overall administration of academic affairs. Instructional deans, off-campus deans and instructional directors, the director for distance learning, the learning resources center director, the dean of planning and institutional effectiveness, and faculty ultimately report to the vice president of instruction.
The vice president of student services is responsible for the overall administration of student affairs and enrollment management activities. The dean of enrollment management and registrar, who is responsible for oversight of financial aid, counseling, and testing, reports to the vice president of student services. The vice president of student services is also responsible for student activities, band, Cardettes, cheerleading, housing, campus security, and the execution of student disciplinary matters.
The vice president of fiscal services has primary responsibility for budgetary processes, as well as supervising the bookstore and human resources.
Job descriptions of employees contain information as to responsibility for the administration of policies. All job descriptions are available on the Human Resources Website.
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3.2.8 The institution has qualified administrative and academic officers with the experience, competence, and capacity to lead the institution.
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Trinity Valley Community College administrators have the necessary education, experience, and competence to provide leadership for the College. Resumes and job descriptions of TVCC administrators are available in the TVCC Roster of Administrative Staff (password required). Official transcripts are available in the president's office.
The TVCC Faculty and Staff Search and Employment Process Guide establishes policies for hiring qualified administrators. Qualifications for administrators were established based on the practices in higher education at the time of employment. To stay current in their field, administrators follow the professional development policy outlined for faculty. This policy requires at least 45 hours of professional development within any three year period as described in the College's professional development policy.
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3.2.9 The institution defines and publishes policies regarding appointment and employment of faculty and staff.
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Trinity Valley Community College has defined and published policies regarding the appointment and employment of faculty and staff. These policies are accessible from the TVCC Website (TVCC Board Policy Manual, Personnel Policies). The process for the appointment and employment of faculty and staff is stated in the TVCC Faculty and Staff Search and Employment Process Guide. The search process begins with a vacancy announcement that is distributed through appropriate avenues for a period of at least 10 business days. Upon receipt of applications by the human resources office, the appropriate division chairperson, dean, and vice president review the applications and other requested materials provided by the applicant, ranking each candidate according to the TVCC Applicant Evaluation Form. The top candidates are invited for personal interviews by division chairpersons and/or the appropriate dean and vice president. Following the interviews, the candidates are ranked again and the division chairperson, dean, and vice president work toward a decision. Their recommendation is given to the president who conducts the final interview of the candidate and makes a recommendation to the Board of Trustees, who either denies or approves the appointment [TVCC Board Policy BAA (Local)]. Evidence of Board actions for the hiring of employees is available in TVCC Board Minutes (November 22, 2005; Item 9).
TVCC's hiring practices and recruitment policies are stated in TVCC Board Policy DC (Local). TVCC's commitment to Equal Opportunity is noted in TVCC Board Policy DAA (Local). Each January, the human resources office reaffirms the College's compliance with the nondiscrimination provision of all state and federal regulations by placing advertisements in newspapers [Newspaper EEO Notice] and by posting the same at various campus locations [Campus EEO Notice].
Employment opportunities are accessible from the TVCC Human Resources Website (Current Employment Opportunities) and from bulletin board postings on all campuses. The application for employment is available for download (Application Procedures).
The Human Resources Office posts all job descriptions online [Job Description File (password required)]. TVCC employees are "at will" employees, which is a legal doctrine that has historically defined employee-employer relationships in Texas. Under this arrangement, TVCC may discharge an employee with or without notice at any time for a good reason, a bad reason, or no reason at all. TVCC employees may also quit, with or without notice, at any time for any reason. This is outlined in TVCC Board Policies DC (Local) and DC (Legal).
TVCC Board Policy DDA (Local) delineates that employees shall be employed for a period that shall not exceed 12 months, and TVCC Board Policy DDA (Legal) specifies that there are no expectations of continued employment beyond that period. Additional policies for continuing employment are described in TVCC Board Policy DMAB (Local). In the case of program reductions, the policy is outlined in TVCC Board Policy DMAA (Local). Professional growth responsibilities are described in Comprehensive Standard 3.73.
A summary of faculty credentials is available in the TVCC Roster of Instructional Staff (password required), and complete records documenting the preparation and certification of full-time faculty credentials are located in the president's office. Complete documentation of part-time faculty credentials are located in the vice president of instruction's office.
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3.2.10 The institution evaluates the effectiveness of its administrators, including the chief executive officer, on a periodic basis.
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The president evaluates the effectiveness of Trinity Valley Community College personnel that report directly to him on a periodic basis. Personnel who report directly to the president include the vice president of instruction, vice president of student services, vice president of fiscal services, dean of physical facilities, dean of information technology services, dean of administrative computing services, assistant to the president, and the athletic director. The results of these evaluations are discussed with the individuals at the time the annual contract is offered to the individual. The president is evaluated by the Board of Trustees as specified in TVCC Board Policy BFB (Local) (see also Comprehensive Standard 3.2.1). Evidence that the president is evaluated is contained in minutes of closed meetings. Other administrators are evaluated by their immediate supervisor. An example of one such evaluation is attached (Example of Administrative Evaluation).
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3.2.11 The institution's chief executive officer has ultimate responsibility for, and exercises appropriate administrative and fiscal control over, the institution's intercollegiate athletics program.
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Trinity Valley Community College has organized athletic programs in men's football, men's basketball, and women's basketball. Additionally, the College provides athletic opportunities to students as cheerleaders and as members of the Cardettes, TVCC's drill team. Item 17 TVCC Board Policy BFA (Local) specifies that the president has ultimate responsibility for, and exercises appropriate administrative and fiscal control over, TVCC's athletics program (TVCC Organizational Chart). The athletic director reports to the president. The dean of enrollment management is responsible for serving as "the official reporting and certifying officer of the College," which includes serving as the TVCC's NJCAA Compliance Certification Officer (Dean of Enrollment Management Job Description).
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3.2.12 The institution's chief executive officer has ultimate control of the institution's fund-raising activities.
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NARRATIVE:
Item 10 of Trinity Valley Community College Board Policy BFA (Local) specifies that the president has ultimate control of the College's fundraising activities. These fundraising activities are carried out through the TVCC Foundation. The president serves as a member of the Foundation Board as specified in the Article II, Section 3 of the By-Laws of the TVCC Foundation. Additionally, the assistant to the president has the responsibility to coordinate all fundraising efforts with the TVCC Foundation (Assistant to the President Job Description). The assistant to the president reports directly to the president.
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3.2.13 Any institution-related foundation not controlled by the institution has a contractual or other formal agreement that (a) accurately describes the relationship between the institution and the foundation, and (b) describes any liability associated with that relationship. In all cases, the institution ensures that the relationship is consistent with its mission.
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NARRATIVE
The Articles of Incorporation of the Foundation of Trinity Valley Community College were originally established in 1974 and amended August 22, 1988. The Articles state,
The Corporation is formed for exclusively charitable, educational and scientific purposes and to assist in the development of Trinity Valley Community College at Athens, Texas with centers in Palestine, Kaufman and Terrell, which will be under the operation, control and management of the Board of Trustees of Trinity Valley Community College, including the expenditure of funds for the purpose of assisting the College in obtaining and maintaining the best faculty and staff available, and for the establishment and maintenance of facilities and laboratories to be used by the College in conformity with the laws of the State of Texas and with the legal consent of the State of Texas; for the advancement of research and other literary and scientific undertakings; and to accept donations, gifts and grants of money and property to administer the same, and to expend funds upon a charitable, educational and nonprofit basis on behalf of the Trinity Valley Community College Foundation with all of such powers and authority necessary or incidental to the accomplishment of the purposes herein expressed.
The current activities of the Foundation include solicitation of funds for the Foundation and the administration of the expenditure of usable funds to deserving students for scholarships. The scholarship program helps students pursue their academic career in keeping with the mission of the College. The Foundation has received total contributions of $1,217,933.14 as of December 31, 2005. The campaign total, including pledges, stands at $1,293,681.51 as of the same date. The projected amount represents 43% of the campaign goal of $3,000,000.
In 2002, the TVCC Foundation focused its “friend building” efforts on potential donors from a radius of 25 miles around the Athens campus. Fund raising efforts have included campaign solicitations to potential donors, as well as annual campaigns, golf tournaments, and large social fundraising events. The marketing intent of the campaign has been to build awareness within the community about the campaign and its monetary needs and goals. The next project will focus on the Palestine campus and local community awareness with an extension of the Phase 1 campaign to include another geographic area of the College.
Not all of the purposes of the Foundation as delineated in the Articles of Incorporation are experiencing activity; however, the purposes provide a framework for the Foundation to grow with TVCC and its future needs. This allows the Foundation to be ready in the event that the opportunity comes available for the development and implementation of fundraising activities to support these additional goals.
To carry out the activities of the Foundation, TVCC employs an assistant to the president who serves as the director of the Foundation and works with the Foundation Board (TVCC Foundation Board Members) as described in the TVCC Foundation By-laws. These by-laws also explain the relationship of direct authority of the president.
As determined in Article V of the Articles of Incorporation, the operation, control and management of the Foundation falls under the authority of the Board of Trustees. The vice president of fiscal services is charged with the responsibility of fund management for the Foundation (Vice President of Fiscal Services Job Description). Foundation funds are kept separate from those of the College. The Foundation Board reviews an audit of funds on an annual basis (TVCC 2005-06 Foundation Audit). The fund balance for the year ending August 31, 2005 was $1,201,404. The average donation has been $1,456.00 for each of the past three years .
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3.2.14 The institution's policies are clear concerning ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. This applies to students, faculty, and staff.
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The "Intellectual Property" section of Trinity Valley Community College Board Policies DBD (Local) and DBD (Legal) address ownership of and compensation for intellectual property. TVCC Board Policy DBD (Local) specifically states, “Employees may retain as sole property any intellectual property, scientific invention, material, or object created on their own time without use of College property, material, equipment, or support.” TVCC Board Policy DBD (Legal) also includes a statement that addresses intellectual property and states, “An employee who conceives, creates, discovers, invents, or develops intellectual property may own or be awarded any amount of equity interest of participation in or the development of intellectual property," with the consideration that "[i]f materials are created at the College's expense, TVCC will receive the income derived from the sale of intellectual materials or objects until the cost of developing the materials is recovered."
TVCC Board Policy FLE (Local) is specifically designed to protect students' rights to retain ownership of intellectual property under the same conditions as employees. The Policy further states, “The College District shall grant full ownership to the student who has developed original work at College District expense, on College District time, or through the use of College District owned equipment...” after all College expenditures have been recovered.
TVCC Board Policy EDD (Legal) addresses copyright issues for the use of copyrighted materials for instruction. The copyright policy establishes the legal use of copyrighted print materials or performing materials for instructional purposes. Employees who use copyrighted materials are directed to use the guidelines in the Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions and Guidelines for Educational Uses of Music. The Policy also describes certain exceptions to this policy for performances and displays of works by instructors and students.
Additionally, students are specifically prohibited from using an “unacknowledged submission or incorporation” of another's work in one's own work [TVCC Catalog (pp. 49-50)]. The "Plagiarism and Collusion" section of TVCC Board Policy FMA (Local), defines the penalties for academic dishonesty (Item 3. g) and associated penalties (Items 7 and 8).
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