Section 3: Comprehensive Standards

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.

Judgment of Compliance:
Compliance

Narrative/Justification for Judgment of Compliance:
Christopher Newport University is in compliance with this standard. The Board of Visitors (BOV) functions independently from any political, religious or external body, and while appointed by the governor, the Board does not report to the Governor or any political entity.

Several mechanisms ensure the Board is free from undue influence.  First, BOV appointment terms are set for four years and extended only once for a total of eight consecutive years, unless the Visitor was first appointed to fill an unexpired term. Second, since the Governor of Virginia may serve no more than one consecutive four year term, future appointments come from another Governor. Third, the Board is required to abide by the Commonwealth's Conflict of Interest Act. And fourth, the Governor's Advisory Commission on Higher Education Board Appointments develops and implements processes for evaluating appointees.

CNU is a state-supported, public institution of higher education; its Board is a corporation. The Governor of Virginia appoints, and the Virginia General Assembly confirms (Code of Virginia 23-41) the 14-member CNU Board of Visitors. Appointment is for a single four-year term, or the duration of an unexpired term, and not to exceed two consecutive four-year terms. Reappointment is at the discretion of the Governor and may be allowed for non-consecutive terms.

Executive Order 8 (see also Code of Virginia 2.2-2518) established the "Governor's Advisory Commission on Higher Education Board Appointments" to review and evaluate potential appointees to the governing boards of Virginia 's institutions of higher education, the Virginia Community College Board, and the State Council of Higher Education for Virginia. The Commission is charged with developing and implementing a process for evaluating potential appointees to these governing boards based on merit and experience. These three levels of accountability (Governor, General Assembly, and Advisory Commission) and set term limits help ensure Board members are free from undue influence from political, religious, and other external bodies.

The Commonwealth's Conflict of Interest Act (Code of Virginia 2.2-3106 and 3114), recognizing the need for trust in our system of citizen representation, governs the standards of conduct for all officers and employees throughout the Commonwealth and covers land use; business, financial and familial relationships; and gifts.

The Personal Interest Contract prohibits officers or employees of government agencies from having a personal interest in a contract to which the agency is a party (subject to certain, specified exceptions). The law also prohibits unethical conduct including the solicitation or acceptance of money or other items of value for services performed within the scope of his or her official duties; or the use, for one's own or another's benefit, of confidential information acquired by reason of public position and that is not otherwise available to the public. Finally, the law prohibits the acceptance of any money, loan, gift, favor or service that might reasonably tend to influence the discharge of duties.

Moreover, in the interest of accountability, State Code allows for one or more non-voting faculty representatives to the boards of state four-year institutions of higher education (Code of Virginia 23-9.2.4.1) and for one or more non-voting student representatives (Code of Virginia 23-9.2.5). The University Handbook describes the Board's policies with regards to these appointments.

Finally, Board action must result from a legally defined quorum of the Board. The duties and responsibilities of the Board are as set forth in the By-Laws and found as a section in the University Handbook.

Support Documentation:
Code of Virginia 23-41
Code of Virginia 2.2-2518
Code of Virginia 2.2-3106
Code of Virginia 2.2-3114
Code of Virginia 23-9.2.4.1
Code of Virginia 23-9.2.5
Executive Order 8
Economic Interest Statement
University Handbook, Board of Visitors

Additional Live Web Resources:
None