OF THE STATE REGENTS. THE OKLAHOMA SUPREME COURT IN THAT CASE HELD THAT THE STATES REGENTS' AUTHORITY TO MAKE THE CHANGE IN THE FUNCTION OF THE COLLEGE WAS THE CONDITION PRECEDENT TO OTHER CHANGES SUCH AS THE NAME CHANGE AND THE CREATION OF A NEW BOARD BY THE LEGISLATURE.
IN LIGHT OF THE BOARD OF REGENTS CASE THE ANSWER TO YOUR FIRST QUESTION DEPENDS ON WHETHER THE NAME CHANGE WAS FUNCTIONAL AND THEREFORE MATERIAL. WHAT IS MATERIAL OR FUNCTIONAL WILL BE A QUESTION OF FACT. ITS RESOLUTION WOULD, THEREFORE, DEPEND ON THE PARTICULAR SET OF CIRCUMSTANCES AT ISSUE AND THE EVIDENCE PRESENTED TO THE TRIER OF FACTS.
FOR EXAMPLE, A FUNCTIONAL NAME CHANGE MAY AFFECT THE PUBLIC PERCEPTION OF THE INSTITUTION'S MISSION OR ROLE IN HIGHER EDUCATION. SUCH CHANGE IN PERCEPTION MAY MATERIALLY AFFECT ENROLLMENT, COURSES AND THE BUDGET OF THAT INSTITUTION. THE STATE REGENTS HAVE THE SOLE AUTHORITY TO DETERMINE FUNCTION, COURSE OF STUDY AND BUDGET ALLOCATIONS FOR INSTITUTIONS IN THE STATE SYSTEM OF HIGHER EDUCATION. ARTICLE XIII-A 2, OKLA. CONST. THIS TYPE OF CHANGE, IN THE CONTEXT OF THE BOARD OF REGENTS CASE, WOULD REQUIRE THE STATE REGENTS' APPROVAL. USING THE SAME RATIONALE, A NAME CHANGE THAT DOES NOT AFFECT THE FUNCTION OR MISSION OF THE INSTITUTION SHOULD NOT REQUIRE THE STATE REGENTS' APPROVAL.
YOUR SECOND QUESTION ASKS IF THE GOVERNING BOARD OF AN INSTITUTION MAY UNILATERALLY CHANGE THE NAME OF THE INSTITUTION OR ITS BRANCH CAMPUS WITHOUT REFERENCE TO ITS FUNCTION AND AS DETERMINED OR AS MAY BE DETERMINED BY THE STATE REGENTS. THERE IS NO STATUTORY OR CONSTITUTIONAL PROVISION CONFERRING AUTHORITY ON A GOVERNING BOARD OF REGENT TO CHANGE THE NAME OF ITS INSTITUTIONS OR THEIR BRANCH CAMPUSES. AS STATED PREVIOUSLY THE LEGISLATURE ALONE HAS TRADITIONALLY EXERCISED THIS AUTHORITY. ONCE AGAIN, WHETHER OR NOT THE NAME CHANGE AFFECTS THE FUNCTION OF THE INSTITUTION OR ITS BRANCH WOULD DETERMINE THE VALIDITY OF THE CHANGE AND THE NEED FOR ITS APPROVAL BY THE STATE REGENTS. THE STATE REGENTS' POLICY AND PROCEDURE MANUAL, PART II-2-31 PROVIDES FOR A SIMILAR CRITERIA FOR APPROVAL OF NAME CHANGES.
TO SUMMARIZE, A FUNCTIONAL NAME CHANGE WOULD NECESSARILY REQUIRE THE APPROVAL OF THE STATE REGENTS. CONVERSELY, A CHANGE IN NAME THAT DOES NOT MATERIALLY AFFECT THE COURSES TAUGHT OR THE LEVEL OF THOSE COURSES, SHOULD NOT REQUIRE THE STATE REGENTS' APPROVAL AS IT WILL NOT INVOLVE ANY OF THEIR MAJOR RESPONSIBILITIES. IF I MAY BE OF ANY FURTHER ASSISTANCE PLEASE CONTACT EITHER NED BASTOW OR ME.
(YASODHARA M. MOHANTY)