Policy Establishment and Maintenance
1. PURPOSE
Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) policies are statements of principle that guide decision-making and university affairs. Policies align operations with the university mission, assist in establishing behavioral expectations across the university, and help communicate roles and responsibilities. BYU–Hawaii has established a process for developing, approving, implementing, monitoring, and revising policies. This policy and its implementing procedures have been created to reduce risk and enhance university compliance with legal and ethical requirements by setting conduct requirements and communicating roles and responsibilities. By doing this, university governance becomes more consistent, efficient, and transparent, and reflects applicable law.
2. POLICY
2.1 Official University Policies
Official text of university policies is located on the policy website. The policy website has procedures on how to develop policy, as well as a style guide explaining how policies should be written and formatted.
2.2 Policy Content
Policies are to be principle based and are to aid the reader in making decisions as well as guiding their actions. Policies are in harmony with current applicable laws.
2.3 Campus Unit Process and Procedures
Individual campus units, may implement their own internal policies and procedures so long as these do not conflict with official university policies. In the event that conflicts arise among any policies affecting the university or any of its faculties, departments, or other campus units, up to and including the Board of Trustees, the governing policy will be the one enacted by the highest university body. Department processes and procedures should be approved through that unit’s
3. IMPLEMENTATION
3.1 Definitions
3.1.1 Policy Owner
The policy owner is the content specialist and the position or office responsible for carrying out or that has oversight of the policy. This is normally a manager or director that reports to a vice president. Some policies cross multiple departments and lend themselves to having secondary owners. The primary policy owner will be listed first.
3.1.2 Policy Sponsor
The policy sponsor is the vice president of the area(s) of the primary policy owner.
3.2. Policy Approval
Policy creation and revision is a team effort, coordinated by the Office of Compliance & Ethics (Compliance), with the policy owner(s), sponsor, and appropriate stakeholders.
The policy approval process generally includes the following steps:
- New policies, substantive changes to any policy, or termination of an existing policy are officially sponsored by at least one policy owner.
- Proposed drafts of, substantive changes to, or requests to terminate policies, together with an accompanying explanation, are delivered by the policy owner, or his or her designee, to Compliance.
- The policy owners, or his or her designee, and Compliance confer to identify areas, groups, and individuals within the campus community, which may include faculty, staff, or students, that have a direct and reasonable interest in reviewing and commenting on the policy, policy changes, or termination. For instance, university policies that impact the workflow, compensation, or benefits of faculty members are typically made known and opportunity provided for discussion with and feedback from the Dean’s Council and/or the Faculty Advisory Council (see Academic Governance policy). Compliance coordinates the circulation of policy drafts for comment among those identified areas, groups, and individuals and the presentation of drafts to committees or councils as determined necessary or requested by any member of the President’s Council.
- Compliance will then present the draft to Human Resources and BYU Office of General Counsel (OGC) to determine those policies which are substantially legal and regulatory in nature and to make revisions and suggestions. This review may result in the draft being returned to the policy team.
- Once the policy team, Human Resources, and OGC are satisfied with the policy draft, the sponsor will present the proposed policy to the President’s Council for conceptual approval. The President’s Council may
- approve the policy in concept;
- approve the policy in concept with changes;
- reject changes to the draft;
- reject the policy.
- Once the policy is approved by the President’s Council, Compliance will send the draft policy to OGC for final legal review. OGC will review the policy for compliance with the law and consistency and harmony among university policies and then
- approve the policy draft as being substantially legally sufficient; or
- recommend changes and/or further review of the policy.
- Once the policy is reviewed by the OGC (and approved by the President’s Council if there were further substantive revisions), Compliance is responsible for
- posting the policy to the university’s policy website;
- eliminating former iterations of the policies;
- implementing a periodic and regular review of the policy; and
- archiving documentation.
Non-material changes, such as correcting typographical errors, word clarifications, and definitions, may be made by Compliance at any time without further approval from President’s Council. A history of changes to policies will be maintained by Compliance.
3.3 Policy Rotation and Regular Review
Compliance will approach policy owners for regular and ongoing reviews of their policies. These reviews should be conducted at least every three years or as dictated by changes in applicable law.
3.4 Posting of Policies
On websites, departments should link to the specific policy page they wish to reference and should not create duplicate copies of university policies.
3.5 Legal, Regulatory, Board of Trustees, and CES Commissioner’s Office Changes
Legal and regulatory changes affecting university policies or procedures will be implemented when required by law. Policies or procedures from the Board of Trustees or the Commissioner of the Church Educational System will be adopted as university policies or procedures when directed by President’s Council. In all these cases, the relevant university policies or procedures subsequently will be updated through the relevant above-enumerated steps.
3.6 Legal Effect of Policies
University policies and procedures and campus unit policies and procedures are guides for behavior. They do not constitute legally enforceable contracts, except to the extent that they are incorporated expressly and by reference into a written agreement signed pursuant to the Legal Documents Policy. University policies and procedures and campus unit policies and procedures do not alter the employment status of any university employee hired on an “at-will” basis. The university, through its designated officers, reserves the right to interpret, revise, or withdraw university policies and procedures and campus unit policies and procedures at any time and at its sole discretion.