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COMPREHENSIVE STANDARD M3:
The legal
authority and operating control of the institution are clearly defined
for the following areas within the institution's governance structure:
a. the institution's mission;
b. the fiscal stability of the institution;
c. institutional policy, including policies concerning related and
affiliated corporate entities and all auxiliary services;
d. related foundations (athletic, research, etc.) and other corporate
entities whose primary purpose is to support the institution and/or
its programs.
STATEMENT OF COMPLIANCE: The Citadel
is in compliance with Comprehensive Standard M3.
RATIONALE FOR JUDGMENT OF COMPLIANCE:
a. Legal Authority and Operating Control over
The Citadel's Mission
The legal authority for determining The Citadel's institutional mission
ultimately resides in the South Carolina state legislature. The legislature
exercises its control through the South
Carolina Commission on Higher Education (CHE), the agency responsible
for approving the mission statements of all state-assisted colleges
and universities in South Carolina.
The primary internal authority for the mission statement lies
with The Citadel's Board of Visitors, which must approve the mission
statement and submit it to CHE for ratification at least once every
five years.
Operationally, the Board of Visitors depends upon its own Strategic
Planning Committee and upon the separate Strategic Planning Committee
of the college to work in parallel fashion to prepare a draft for the
Board to consider. The President commissions the college's Strategic
Planning Committee to study and update the mission statement as necessary
and then approves the document (which has already been considered by
the Board of Visitors' Strategic Planning Committee) before it is sent
to the full Board.
This process last began in January 2002 and ended with CHE approval
in June 2003. [See Core Requirement 4.]
b. Legal
Authority and Operating Control over The Citadel's Fiscal Stability
The legal authority and operating control over The Citadel's fiscal
stability is assigned to The Citadel Board of Visitors by the South
Carolina State Legislature [Reference
1].
Operationally, the Board of Visitors depends upon its own "Standing
Committee on Finance, Budget, Investments, and Scholarships" and
upon the senior administrators of the college to oversee the financial
management of the college. The primary responsibilities of this committee
include reviewing proposed tuition and fees in advance of the development
of the annual operating budget of the college, and recommending adoption
of such to the full Board of Visitors; reviewing the proposed annual
operating budget of the college in advance of the start of each fiscal
year, and recommending approval to the full Board; and, reviewing all
proposed expenditures from the various and sundry trust, endowment,
scholarship, and miscellaneous funds, and making appropriate recommendations
to the full Board (College Regulations [Reference
2]).
The Citadel's President, charged by the BOV with the governing authority
and the responsibility for the administration of the college, delegates
the development and the operational control of fiscal matters to the
Vice President for Finance and Business Affairs (VPFBA). As The
Citadel's Chief Financial Officer, and with the assistance of his departmental
directors (Director of Financial Services, Director of Budget and Analysis,
Director of Human Resources, Director of Procurement Services, and the
Director of Auxiliary Services), the VPFBA assumes responsibility for
operational policies for fiscal matters, financial reporting, and budget
control. [See References 3
and 4.]
Additional information regarding The Citadel's financial stability
and budget process may be found in Core Requirement
11 , Core Requirement 5, and Comprehensive
Standard R1.
c. Legal Authority
and Operating Control over The Citadel's Institutional Policy, Including
Policies Concerning Related and Affiliated Corporate Entities and All
Auxiliary Services
The legal authority over the institutional policy
of The Citadel is assigned by law to The Citadel Board of Visitors by
the South Carolina Legislature [Reference
5]. Operationally, the Board of Visitors exercises its control by
(1) establishing policy as published in College Regulations
and (2) implementing this policy through the President. The President
carries out his responsibility to implement the Board's policy through
the process described in Comprehensive Standard
M8.
The legal authority over The Citadel's policies concerning
related and affiliated corporate entities derives from the same
source, and the operational control over these policies is maintained
through the same channels, as the college's authority and control over
all other institutional policy as described in the preceding
paragraph. That is, the South Carolina Legislature assigns the authority
to The Citadel Board of Visitors [Reference
5]; the Board of Visitors delegates the authority to the President;
and the President exercises it through the organizational structure
described in Comprehensive Standard M-8.
Since all of The Citadel's auxiliary services
are entirely internal, the legal authority over the college's policies
regarding them is included in the broad powers granted The Citadel Board
of Visitors by the South Carolina State Legislature [Reference
1]. The Citadel's President, charged by the Board of Visitors with
the responsibility for the administration of the college, delegates
operating control for auxiliary services to the Vice President for Finance
and Business Affairs (VPFBA) [References 3
and 4].
Auxiliary services at The Citadel include the following:
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Barracks
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Faculty & Staff Quarters
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Tailor Shop
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Laundry/Dry Cleaning
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Income from The Citadel's auxiliary services is generated
in one of two ways: through fees (Barracks, Dining Hall, Infirmary,
Faculty Quarters, and Laundry/Dry Cleaning), or through sales (Cadet
Store, Gift Shop, Print Shop, Tailor Shop, and Long Distance Telephone).
Athletics generates income in both ways. The VPFBA maintains operational
control in either case because he is responsible not only for establishing
the fees for all fee-based auxiliaries, but also for approving product
markups for all sales-generating auxiliaries.
The institutional policies of The Citadel with respect to auxiliary
services are based upon, and maintained in compliance with, South Carolina
Legislation [Reference
6] and with covenants set forth in The Citadel Revenue Bond, Series
1997 [Reference 7]. The bond covenants require that all auxiliary funds,
with the exception of athletic funds, flow through the State Treasurer's
Office and that the college submit an annual budget for the use of the
funds. The Department of Financial Services publishes policies and procedures
that conform to these bond covenants [References 8
and 9
].
d. Legal Authority
and Operating Control over The Citadel's Related Foundations and Other
Corporate Entities whose Primary Purpose Is to Support the Institution
and/or Its Programs
There are four corporate entities whose primary purpose is exclusively
to support The Citadel and its programs. Each of these organizations
is an independent, nonprofit entity whose legal authority derives from
charters issued by the South Carolina Secretary of State [Reference
10]. Operationally, they are controlled by their own bylaws [References
11-14], and their relationship to The Citadel is legally defined by
their statements of purpose, as follows:
The Citadel Alumni Association: an organization made up
of Citadel alumni operating "exclusively for the benefit of
. . . and to carry out the purposes of The Citadel" (Bylaws,
Article I, Section 2) [Reference
11].
The Brigadier Foundation: an organization established "for
purposes which are exclusively charitable . . . , and all funds
shall be used to promote the welfare of The Citadel . . . ."
("Purpose") [Reference
12].
The Citadel Foundation: an eleemosynary corporation whose
purpose is to "provide financial assistance and support exclusively
for The Citadel" (Article III, Section 1) [Reference
13].
The Citadel Trust: a nonprofit organization governed by
five board members named by The Citadel Board of Visitors whose
purpose is "to provide scholarship and other financial assistance
to The Citadel" (Article IV) [Reference
14].
DOCUMENTATION:
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SOURCE
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LOCATION
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| Reference 1: South Carolina Code of
Laws, Title 59, Chapter 121, Articles 1 & 3. |
http://www.lpitr.state.sc.us/code/t59c121.htm |
| Reference 2: College Regulations.
Paragraph 5 ("Committee on Finance, Budget, Investments and Scholarships")
of the Appendix ("Committee Rules") to Section IX ("Rules
of The Citadel Board of Visitors"). |
http://citadel.edu/sacs/
referencedocuments/ Handbooks /college_regs_030614.pdf |
| Reference 3: Position Description: Vice
President for Finance & Business Affairs. |
http://citadel.edu/sacs/
referencedocuments/ Position%20Descriptions%20 and%20CVs/Senior%20
Administration%20CVs/ VPFBA.pdf |
| Reference 4: The Citadel Organization
and Function Chart. |
http://www.citadel.edu/hr
/pol_proced/campus_ org_chart_04_2003.pdf |
| Reference 5: South Carolina
Code of Laws, Title 59, Chapter 121, Article 1, Sections 40 ("Board
created body corporate and politic; general powers.") and 50
("Powers of board in educational matters"). |
http://www.lpitr.state.sc.us/code/t59c121.htm |
| Reference 6: South Carolina
General Assembly; 115th Session, 2003-2004 General Appropriations
Bill H. 3749, Section 72.13 and 72.17. |
http://www.scstatehouse.net/sess115_2003-2004/appropriations2003/tap1b.htm#s72 |
| Reference 7: The Citadel
Revenue Bond Series, 1997. |
Office of Financial Services,
Bond Hall 219 |
| Reference 8: Procedure 250.040
- Bond Debt Cash Draws; Department of Financial Services. |
http://citnov1.citadel.edu/fins/
Policies%20and%20Procedures/ 250%20-%20CAPITAL%20PROJECTS/ 250.040%20BOND%
20DEBT%20CASH%20DRAWS.doc |
| Reference 9: Procedure 250.050
- Cash Flow for Debt Services Requirement; Department of Financial
Services. |
http://citnov1.citadel.edu/fins/
Policies%20and%20Procedures/ 250%20-%20CAPITAL%20PROJECTS/ 250.050%20%20CASH%20FLOW%
20FOR%20DEBT%20SVS.doc |
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Reference 10: Office of
the South Carolina Secretary of State. Online database of South
Carolina corporations. Entries for the charters of:
The Citadel Alumni Association
The Citadel Brigadier Foundation
The Citadel Foundation
The Citadel Trust
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To find this information directly, go to http://www.
scsos.com, click on "search corporations," and conduct
a search using the key word "citadel" and the option "contains."
For local copies of the search results (as of June 5, 2003), click
below.
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Reference 11: Bylaws of The
Citadel Alumni Association.
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http://citadel.edu/
sacs/ referencedocuments/ Bylaws%20and%20Charters /bylaws_alumassn.pdf
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| Reference 12: Bylaws of
The Citadel Brigadier Foundation. |
http://citadel.edu/
sacs/ referencedocuments/ Bylaws%20and%20Charters/ bylaws_brigfound.pdf |
| Reference 13: Bylaws of
The Citadel Foundation. |
http://citadel.edu/
sacs/ referencedocuments/ Bylaws%20and%20Charters/ bylaws_citfound.pdf |
| Reference 14: Bylaws of
The Citadel Trust. |
http://citadel.edu
/sacs/ referencedocuments/ Bylaws%20and%20Charters/ bylaws_cittrust.pdf |
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