15-10-17. Specific powers and duties of the state board of higher education
The state board of higher education has all the powers and shall perform all the duties
necessary to the control and management of the institutions described in this chapter. The state
board of higher education shall establish a policy ensuring transparent communication between
members of the board on all topics relating to the specific powers and duties under section 6 of
article VIII of the Constitution of North Dakota and this section. Each member must have equal
access to all current and historic information relating to the specific powers and duties under
section 6 of article VIII of the Constitution of North Dakota and this section. In addition to the
powers and duties specified in section 6 of article VIII of the Constitution of North Dakota, the
board may:
1. a. Subject to section 15-10-13.4, appoint and remove the president or other faculty
head, and the professors, instructors, teachers, officers, and other employees of
the several institutions under the board's control, fix the salaries for those
positions within the limits of legislative appropriations; and fix the terms of office
and prescribe the duties of the positions.
b. Appoint and remove the commissioner of higher education, fix the
commissioner's salary within the limits of legislative appropriations, and prescribe
the commissioner's duties.
c. Appoint and remove all university system office personnel, fix their salaries within
the limits of legislative appropriations, fix their terms of office, and prescribe their
duties.
d. The board may hold an executive session to consider the appointment or removal
of the commissioner of higher education, or a president or other faculty head,
professor, instructor, teacher, officer, or other employee of an institution under the
board's control unless the individual involved requests the meeting be open to
other individuals or the public.
2. Authorize the employment of law enforcement officers having jurisdiction on property
owned or leased by the state board of higher education to enforce laws and
regulations at its institutions, or as otherwise provided in this subsection.
a. A law enforcement officer employed by North Dakota state university has
jurisdiction on all property owned or leased by the state board of higher education
and property on and within the boundaries of the intersection of nineteenth
avenue north and Dakota drive south to eighth avenue north, eighth avenue north
east to tenth street north, tenth street north north to nineteenth avenue north,
nineteenth avenue north west to Dakota drive.
b. A law enforcement officer employed by the university of North Dakota has
jurisdiction on all property owned or leased by the state board of higher education
and property on and within the boundaries of the intersection of demers avenue
and north fifty-fifth street, north fifty-fifth street north to university avenue,
university avenue east to north forty-second street, north forty-second street north
to gateway drive, gateway drive east to north columbia road, north columbia road
south to tenth avenue north, tenth avenue north east to north twenty-fifth street,
north twenty-fifth street south to sixth avenue north, sixth avenue north east to
north twentieth street, north twentieth street south to fifth avenue north, fifth
avenue north west to north twenty-third street, north twenty-third street south to
university avenue, university avenue east to north twenty-first street, north
twenty-first street south to dyke avenue, dyke avenue east to north washington
street, north washington street south to demers avenue, and demers avenue
west to north fifty-fifth street. Jurisdiction under this subdivision includes Grand
Forks international airport.
c. A law enforcement officer employed by the North Dakota state college of science
has jurisdiction on all property owned or leased by the state board of higher
education and property on and within the boundaries of the intersection of
seventh avenue north and eleventh street north, eleventh street north to sixteenth
avenue north, sixteenth avenue north west to fourth street north, and fourth street
north south to seventh avenue north.
d. A law enforcement officer employed by Bismarck state college has jurisdiction on
all property owned or leased by the state board of higher education and property
on and within the boundaries of the area delineated by the intersections of
schafer street and canary avenue, canary avenue and edwards avenue, edwards
avenue and schafer street, edwards avenue and ward road, ward road and
college drive, and college drive and schafer street.
e. A law enforcement officer employed by an institution under the control of the state
board of higher education who is in "fresh pursuit" may continue beyond the
jurisdictional boundaries of each institution to make an arrest, in compliance with
a warrant or without a warrant under the conditions of section 29-06-15, if
obtaining the aid of peace officers having jurisdiction beyond that limit would
cause a delay permitting escape. As used in this subdivision, "fresh pursuit" has
the same meaning as in section 29-06-07.
f. The state board of higher education may enter a joint powers agreement with a
political subdivision to enable law enforcement from the political subdivision and
law enforcement from the institution to provide secondary response to each other
outside the jurisdictional boundaries provided in this subsection.
g. Notwithstanding any other provision of law or joint powers agreement, any
misdemeanor or felony violation of law occurring in or on property owned or
leased by the state board of higher education or within the extraterritorial
jurisdiction must be filed in district court unless the primary law enforcement
officer involved is not employed by the state board of higher education. An
infraction or noncriminal offense occurring in or on property owned or leased by
the state board of higher education or within the extraterritorial jurisdiction may be
filed in municipal court.
3. Set tuition and fees.
4. a. Establish a retirement program as an alternative to chapter 15-39.1 for university
system employees subject to the following guidelines:
(1) Benefits under the program must be provided through annuity contracts
purchased by the board but which become the property of the participants;
(2) The cost of the annuity contracts must be defrayed by contributions made
pursuant to rules of the state board of higher education;
(3) Eligible employees appointed before July 1, 1973, shall participate in the
alternate retirement program only by their individual election. When the
electing eligible employee is a member of the teachers' fund for retirement,
the employee's assessments and employer's contributions together with
interest credited at the current rate for one-year certificates then being paid
by the Bank of North Dakota must be transferred to the employee's account
in the alternate program. The election must be made before July 1, 1980,
and shall relinquish all rights the eligible employee or the employee's
beneficiary may have to benefits provided in chapters 15-39 and 15-39.2;
and
(4) Employees of the university system who are members of the public
employees retirement system under chapter 54-52 or 54-52.6 and who
become entitled to participate in the alternate retirement program are
entitled to a special annuity purchase in the alternate retirement program in
accordance with this subdivision. An eligible employee who consents to
have that employee's contribution included is entitled to have that
employee's contribution and employer's contribution, with interest, in the
public employees retirement system fund, used by the retirement board of
the public employees retirement system to purchase for that employee an
annuity in the alternate retirement program in lieu of any other rights under
the public employees retirement fund. However, before the employer's
contribution may be used for an annuity purchase, the employee's combined
years of service with the public employees retirement system and the
alternate retirement program must equal or exceed the years of service
necessary to be eligible for retirement benefits under the public employees
retirement system. An employee who transferred from the public employees
retirement system before March 30, 1987, and who received a refund of that
employee's contribution is entitled to have the employer's contribution, with
interest, used to purchase an annuity even if that employee did not
purchase an annuity in the alternate employee program with the employee's
contribution. If an employee makes the election allowed under this
subdivision, that employee relinquishes all rights the employee or any of the
employee's beneficiaries may have had to benefits provided under chapters
54-52 and 54-52.6.
b. Provide for the administration of the alternate retirement program and establish
rules for the program consistent with this subsection. This subsection does not
derogate any existing retirement programs approved by the board.
5. Determine policy for purchasing by the university system in coordination with the office
of management and budget as provided by law.
6. Establish by rule an early retirement program for faculty and officers of the board as
defined by the board. The limitations on severance pay pursuant to section 54-14-04.3
and on requiring the employee to pay contributions to continue on the state uniform
group insurance program upon retirement or upon termination of employment pursuant
to section 54-52.1-03 do not apply to the early retirement program.
7. Adopt rules to protect the confidentiality of student records, medical records, and,
consistent with section 44-04-18.4, trade secret, proprietary, commercial, and financial
information.
8. Authorize and encourage university system entities to enter into partnerships, limited
liability companies, joint ventures, or other contractual arrangements with private
business and industry for the purpose of business or industrial development or
fostering basic and applied research or technology transfer.
9. Adopt rules promoting research, encouraging development of intellectual property and
other inventions and discoveries by university system employees, and protecting and
marketing the inventions and discoveries. The rules must govern ownership or transfer
of ownership rights and distribution of income that may be derived from an invention or
discovery resulting from research or employment in the university system. The rules
may provide for transfer of ownership rights or distribution of income to a private,
nonprofit entity created for the support of the university system or one of its
institutions.
