187-A:13 Trustees of University System. The general government of the university system and its constituent divisions and institutions shall be vested in a single board of trustees composed as follows and in accordance with the following conditions:
I. Eight ex officio members: the governor of the state, the chancellor of the university system, the commissioner of agriculture, markets and food, the commissioner of education, the president of the university of New Hampshire, the president of Plymouth state university, the president of Keene state college, the president of the Granite state college.
II. Ten members appointed by the governor with the advice and consent of the council.
(a) Two members shall be students enrolled at Keene state college, Plymouth state university, Granite state college, or the university of New Hampshire who shall serve as student trustees, for the term indicated in this paragraph, on a rotating basis in the order listed below:
(1) One student each from the university of New Hampshire and Plymouth state university.
(2) One student each from Plymouth state university and Granite state college.
(3) One student each from Granite state college and Keene state college.
(4) One student each from Keene state college and the university of New Hampshire.
(b) The student trustees shall be elected by the student body at the school responsible for providing the student trustees. The term of the student trustees shall be for one year commencing July 1 of the year for which the student was elected and ending June 30 of the next year. Student trustees shall be expected to serve the full duration of their elected term. In the event that a student trustee ceases for any reason to attend the school from which the student was elected, the chancellor of the university system shall declare a vacancy in that student trustee position, and the school causing the vacancy shall elect a replacement student trustee who shall serve for the remainder of the predecessor's term. Graduation of a student trustee shall not constitute a vacancy under this paragraph.
IV. Four members elected by the alumni of the university of New Hampshire.
V. One member elected by the alumni of Keene state college.
VI. One member elected by the alumni of Plymouth state university.
VII. One member elected by the alumni of Granite state college.
VIII. The senate president or designee from the senate leadership, who shall be a nonvoting member.
IX. The speaker of the house of representatives or designee from the house leadership, who shall be a nonvoting member.
At all times, 2 members of the board shall be farmers and both major political parties shall be represented on the board.
187-A:14 Terms of Trustees.
I. The terms of office of the appointed and elected members, except the student member, shall be 4 years. The terms of the elected members and student member, shall end on June 30.
II. Each member, except the student member, shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment or election in the same manner as the original appointment, except that a vacancy in an alumni trustee position shall be filled in accordance with the bylaws of the alumni association at the institution with which the position is associated.
187-A:15 Operation of the Board of Trustees.
I. The board shall elect its own chairperson annually;
II. The board shall choose a secretary, who shall keep a record of proceedings, and a treasurer, who shall give a bond satisfactory to the trustees for the faithful discharge of duties as treasurer. The trustees may, in their discretion, require a bond for any other persons employed by or administering the affairs of the institutions of the university system. Said trustees shall determine the amount and sufficiency of the surety of said treasurer's bond or any other bonds required under this section.
III. The board shall meet at such times and places as it may determine but shall hold at least one meeting each year at Keene state college and one at Plymouth state university. The chairperson shall call special meetings upon the written request of any 5 members or on the chairperson's own motion;
IV. Fourteen members shall constitute a quorum for the transaction of business, but not less than 14 affirmative votes shall be required to elect the chancellor of the university system or a college or university president;
V. Members shall receive no compensation for their services but shall be reimbursed for expenses reasonably incurred by them in the performance of their duties.
187-A:16 Authority of the Trustees. The trustees shall have the management and control of all the property and affairs of the university system of New Hampshire, the university of New Hampshire (including the New Hampshire college of agriculture and the mechanic arts), and all its divisions and departments, the Keene state college, the Plymouth state university, and the Granite state college. They shall not change the name of the Plymouth state university, the Keene state college, or the Granite state college nor shall they cease operating these colleges without legislative authority. It is the intent of the general court that the trustees, when exercising their responsibilities under this chapter, recognize and foster the unique character and educational mission of each institution of the system. To this end, the institutions are to be permitted to operate with the highest measure of autonomy and self-governance, subject to the supervision of the board of trustees. In addition to this general authority, the trustees are authorized to:
I. Appoint and fix the compensation of a president of the university of New Hampshire, a president of Keene state college, a president of Plymouth state university, and a president of the Granite state college, who shall be the chief academic and administrative officers of their respective institutions. The chief executive officer of each institution shall have the authority for and be responsible for the general administration and supervision of all aspects of the institutional, research and service programs of that institution.
II. Appoint and fix the compensation and duties of the administrative officers of each component institution of the university system.
III. Appoint and fix the compensation of a chancellor of the university system who shall serve as the chief executive officer of the university system, as the university system's primary liaison with the general court and other elements of state government, and as chief spokesman for the university system. The chancellor shall serve as chairperson of the administrative board of the university system, leading and coordinating the efforts of the chief officers of the component institutions of the university system, and shall have such other duties as the board of trustees may determine.
IV. Establish an administrative board, comprised of the chief executive officers of each component institution together with the chancellor of the university system, which shall be the coordinating body for the university system. The board is responsible for recommending and implementing policies and procedures which assist the campus presidents in discharging their responsibilities in such a manner as to provide for maximum institutional initiative and responsibility within a unified university organization.
V. Appoint and fix the compensation and duties of such other university system administrators as are needed to provide a well coordinated system of public higher education. These system administrators shall provide assistance needed by the component institutions in order to fulfill their individual educational missions and shall provide services which facilitate coordination in order to serve the educational needs of the people of New Hampshire.
VI. Appoint a faculty of instruction, prescribe their duties, and invest them with such powers for the immediate government and management of each institution as the trustees may deem conducive to the best interests of each institution and the university system.
VII. Accept legacies and other gifts to or for the benefit of the university or any of its divisions or departments.
VIII. Accept all moneys accruing to the institutions of the university system, all moneys appropriated by or received from the government of the United States or the state of New Hampshire, all dividends and interest accruing to these institutions, all gifts of securities and property, real and otherwise, all grants and matching funds from any source, and all moneys from sales, tuition fees, admissions and guarantees and from bills receivable.
IX. Acquire water by purchase, development or otherwise and to construct reservoirs or water towers, erect pumping machinery, lay water mains and pipes, install gates, valves and hydrants.
X. Furnish and sell water in the town of Durham to manufacturers, private corporations and individuals for fire protection, manufacturing and domestic use, and collect payment or rentals for the same.
XI. Construct and maintain sewers, culverts, conduits and pipes, with all necessary inlets and appliances for surface, under surface and sewage drainage for the health, comfort and convenience of the inhabitants and the sanitary improvement of the town of Durham, and fix and regulate the price of connection therewith to corporations, firms and individuals.
XII. Enter into agreements and contract with other colleges and universities for the purpose of further education of any qualified New Hampshire student in fields of study not provided for in the curricula of the university system or any of its divisions or component institutions.
XIII. Contract with any city or town in this state for the maintenance of practice schools therein in connection with its teacher-trainees and to provide for the payment of such portion of the compensation of the supervising teachers employed in said practice schools as it may deem just and equitable.
XIV. Authorize the retention by Keene state college or Plymouth state university of the income received and due from all sources, including bequests, trusts, student fees and tuition charges, rents, sales and any other income from whatever source derived, and to authorize the use thereof in such manner as the trustees may determine or as may be provided by law or by the conditions incident to the trusts, gifts and bequests involved.
XV. Transfer funds among the institutions of the university system, and their divisions and departments, when such action shall appear necessary and in the best interests of the state and the institutions of the university system. The university system shall report the amount and purpose of all transfers of funds from one program appropriation unit of the budget to a different program appropriation unit to the legislative fiscal committee of the general court by November 1 of each year. Copies of such reports shall be sent to the house education committee and the senate education committee.
XVI. Employ such other persons as may be necessary to carry out the purposes for which the university system and any of its divisions or component institutions have been created and to prescribe their duties.
XVII. By and with the consent of the governor and council, borrow on the credit of the university system in anticipation of income, for the purpose of forwarding its building program, not exceeding $500,000 in any one fiscal year. All amounts so obtained in any fiscal year shall be repaid from the income of the next succeeding fiscal year.
XVIII. Establish a differential in the rate of tuition to be charged all in-state and out-of-state students based on the dual legislative policy of:
(a) Limiting the number of out-of-state students who may attend the university system; and
(b) Giving due weight to the fact that the support of the university system is substantially dependent upon the legislative appropriations derived from revenue contributed by persons domiciled within the state of New Hampshire.
XIX. Adopt rules pursuant to RSA 541-A establishing criteria for determining whether students shall be classified as in-state students or out-of-state students for tuition purposes, and to delegate the administration of such rules to a subcommittee or agent. Any student in the university system who is aggrieved by a final determination of the board of trustees or of any subcommittee or agent of the board denying in-state status for tuition purposes may appeal to the superior court in the county in which the particular division of the university involved is located. Such appeal shall be filed within 30 days after the final determination by the board of trustees. In the superior court, the burden of proof shall be on the appellant to show that the determination of the board of trustees is unreasonable or unlawful and all findings by the board or its properly designated subcommittee or agent shall be deemed to be prima facie lawful and reasonable. The determination of the board of trustees shall be set aside only if, on all the evidence, the court is satisfied that it is unlawful or unreasonable according to the policy as set forth in this section, and additional criteria as may be established and published, to the student bodies of the institutions constituting the university system by the board of trustees.
XX. Enter into agreements with appropriate agencies and institutions of higher education in other states and foreign countries providing for the reciprocal exchange of students. Such agreement may include provisions for waiver or reduction of out-of-state tuition rates for designated categories of students and may include contractual payments to such out-of-state institutions within the availability of appropriations. The board shall have the power to make such agreements on a continuing basis with mutual credits and offsets which need not be balanced in any given year. One purpose to be accomplished thereby shall be to make available to in-state students of the university system educational facilities not available within the state of New Hampshire in exchange for acceptance by the university system of out-of-state students from jurisdictions where such facilities are made available for New Hampshire students.
XXI. Acquire all risk insurance to cover donated property, real and personal, and to cover the equipment of New Hampshire public television as may be essential to remain eligible for federal funding of public television, notwithstanding the provisions of RSA 9:27 to the contrary; provided, however, that the costs of such insurance shall be borne by New Hampshire public television from private moneys and that no state funds shall be used for this purpose.
XXII. Maintain and operate all housing facilities, dining halls or other food service facilities, student unions, and bookstores for students and faculty on all campuses of the university system, and to collect rents from such facilities.
XXIII. Require every student admitted after December 31, 2012 and receiving the in-state rate of tuition to execute an affidavit attesting he or she is a legal resident of the United States.
XXIV. Apply for medical and surgical benefits in accordance with RSA 187-A:43.
187-A:16-a Prohibition on Preferential Treatment and Discrimination.
I. Within the state college and university system, there shall be no preferential treatment or discrimination in recruiting, hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation.
II. Notwithstanding paragraph I:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
187-A:16-b Freedom of Association. No institution within the university system of New Hampshire which accepts state funds shall prohibit, as a condition of admission or continued enrollment, any student from becoming a member of any group or organization, nor shall an institution take disciplinary action against a student based solely on the student's membership in a group or organization.