Law Summary
General Mandate of the University
- Provide advanced education, higher technological and professional training.
- Fields include arts and sciences, education, agriculture, fishery, forestry, maritime education, ICT, engineering, tourism, and related areas.
- Conduct research and extension services.
- Provide leadership in areas of specialization.
Curricular Offerings and Academic Programs
- Offer undergraduate and graduate courses in the university’s specialized fields.
- No degree program may be offered without prior approval from the Commission on Higher Education (CHED) and the Board of Regents.
- Existing high school is transferred to the Department of Education (DepED) but allowed to operate on campus until current students graduate.
- University may operate a laboratory school if it has a College of Education.
Administration and Corporate Powers
- The University possesses corporate powers under the Corporation Code of the Philippines.
- The Board of Regents and the University President have exclusive authority to administer and exercise corporate powers.
Composition and Structure of the Governing Board
- Board of Regents consists of:
- CHED Chairperson as Chair.
- University President as Vice Chair.
- Chairpersons or representatives of key Senate and House Committees on Education.
- Regional Directors from NEDA and DOST.
- Presidents of university faculty, student, and alumni federations.
- Two prominent private sector citizens from Biliran appointed for two years.
- Private sector appointees must not be closely related to incumbents in local or national office.
- Terms of faculty, student, and alumni presidents are coterminous with their respective terms.
Policy Formulation and Implementation
- Board must promulgate policies consistent with state educational mandates and CHED standards under RA 7722.
Powers and Duties of the Board of Regents
- Formulate rules and regulations for university governance.
- Approve budget and appropriate funds.
- Import duty-free educational books and materials upon CHED certification.
- Accept donations and administer them, ensuring tax exemptions and restrictions are observed.
- Fix tuition fees and school charges, with consultation, implementing socialized schemes for indigent students.
- Retain income generated for university use.
- Authorize construction, repair, acquisition of property, and administration of personnel.
- Appoint officials and employ faculty.
- Set salaries and grant leaves, remove personnel for cause with due process.
- Approve curricula and policies on admission, graduation, and discipline.
- Award honorary degrees and certificates for non-degree programs.
- Establish branches or integrate institutions within Biliran.
- Set up research and extension centers.
- Provide scholarships and fellowships.
- Delegate powers to expedite administration.
- Conduct management audits and implement reforms.
- Collaborate with other institutions and LGUs for enhancing efficiency.
- Enter into ventures and linkages with business, industry, and agencies.
- Use modern educational delivery methods like ICT and distance education.
- Promote transparency and participative decision-making.
- Privatize some nonacademic services where advantageous.
- Extend President’s term up to age 70 upon outstanding performance review.
Board Meetings
- Hold regular meetings at least quarterly.
- Chairperson or President presides; CHED Chairperson may designate a Commissioner to chair.
- Senate and House Education Committee chairpersons or their designees participate.
- Majority constitutes quorum with Chairperson or President present.
- Board members serve without salary but may be reimbursed for expenses.
University President
- Full-time position appointed by Board based on qualifications; incumbent President becomes first NSU President.
- Restrictions on appointment if related to local or national officials within third degree.
- Search Committee formed six months before term expiration.
- President’s unexpired term served by successor or Officer-in-Charge in case of vacancy.
- Powers include usual presidential functions and delegated authorities.
- Salary follows government salary standards.
- Assisted by Board-appointed Vice Presidents.
Campus Directors
- Heads of campuses appointed by Board upon recommendation.
- Incumbent college administrators of extension campuses become Campus Directors.
Councils: Administrative and Academic
- Administrative Council: President chairs; includes Vice Presidents, Deans, Directors; focuses on administration and management.
- Academic Council: President chairs; members are academic staff ranked assistant professor or higher; reviews curricula, student discipline, admission, and graduation standards.
University Secretary and Treasurer
- Secretary appointed by Board serves both University and Board; keeps records and issues notices.
- Treasurer of the Philippines acts as ex officio University Treasurer.
Faculty Policies
- No discrimination on political beliefs, gender, cultural or ethnic origin, or religion for faculty appointments.
- Faculty prohibited from promoting or opposing any church or sect in teaching.
Student Admission and Scholarship
- Scholarship and affirmative action programs assist poor but deserving students.
- No admission denial due to sex, religion, cultural affiliation, or ethnic origin.
Academic Freedom and Institutional Autonomy
- University enjoys guaranteed academic freedom and institutional autonomy under the Philippine Constitution.
Equipment and Personnel Loans
- National agencies may lend equipment and detail employees to the University without service detriment.
- Detailed employees’ time counts as regular service.
Assets, Liabilities, and Personnel Transfer
- All assets, liabilities, personnel, and records from Naval Institute of Technology and Biliran National Agricultural College transferred to the University.
- Security of tenure and existing rights of personnel protected.
- University owns government land previously occupied; reverts to LGUs if University abolished or land no longer needed.
Appropriations
- Initial funding from existing budget of predecessor institutions, excluding funds for high school operations.
- Subsequent funding included in annual General Appropriations Act.
Development Plan and Management Audit
- Within 120 days post-approval, University must submit 5-year development plan and program budget.
- Complete management audit with CHED cooperation.
- Establish organizational, administrative, and academic structures and appoint officials.
CHED Monitoring and Evaluation
- CHED conducts regular compliance monitoring.
- Failure to maintain university requirements may lead to recommendation for revocation of university status.
Annual Reporting
- Board files annual progress report to the President, CHED Chairperson, and Congress within 15 days after the second month of classes.
Supplentory Laws and Parity
- Higher Education Modernization Act applies as integral part of the University’s Charter.
- University granted powers and responsibilities similar to other state universities.
Implementing Rules
- Board, in coordination with CHED, adopts rules to implement this Act.
Separability Clause
- Invalidity of any part does not affect the rest of the Act.
Repealing Clause
- Existing laws inconsistent with this Act are repealed or modified.
Effectivity
- Act takes effect 15 days after publication in two newspapers of general circulation.