2023 Laws of Puerto Rico › TITLE EIGHTEEN - Education (§§ 1 — 3510-3520) › PART II - University of Puerto Rico (§§ 601 — 856b) › Chapter 40 - University of Puerto Rico Act (§§ 601 — 614) › § 602 - Governing Board

(a) Name.— The University of Puerto Rico shall be governed by a Governing Board which shall be denominated Governing Board of the University of Puerto Rico.
(b) Composition.— The Governing Board of the University of Puerto Rico shall be composed of thirteen (13) members, to wit: one (1) full-time undergraduate student; one (1) full-time student of any graduate program in the University; two (2) tenured university professors from the university system; one (1) shall be the Secretary of Education, as an ex-officio member; one (1) professional with extensive knowledge and experience in the field of finance; one (1) shall be a resident of Puerto Rico who is renowned as a social and community leader; five (5) shall be residents of Puerto Rico who have excelled in the artistic, scientific, and professional fields, of which at least three (3) shall be alumni from any academic program of the University; and one (1) shall be a citizen, resident of Puerto Rico, with ties to the Puerto Rican communities abroad. Except for the two (2) students and the two (2) professors, the other members of the Governing Board shall be appointed by the Governor with the advice and consent of the Senate. All members of the Governing Board shall hold office until their successors are appointed and take office, be over the age of eighteen (18), residents of Puerto Rico, and comply with the provisions of §§ 1854 et seq. of Title 3, known as the “Puerto Rico Government Ethics Act of 2011”.
No member of the Legislative Assembly of Puerto Rico or any other person who holds an office in or is employed by the Commonwealth of Puerto Rico or any instrumentality or public corporation other than the University of Puerto Rico may be appointed to the Governing Board, except for the Secretary of Education of the Commonwealth of Puerto Rico for being an ex-officio member. Neither shall any employee, official, professor, officer, director, shareholder, member, advisor, contractor, or partner of a private higher education institution in Puerto Rico be appointed to the Board.
Without it being construed as a limitation to the powers inherent to his office, the Governor may designate a Committee that shall identify, evaluate, and recommend candidates to the Governing Board of the University of Puerto Rico.
(c) Election of students and professors.— The undergraduate student and the two (2) professors who shall serve as members of the Governing Board shall be elected by and from among themselves, respectively, by the secret vote of the students and professors who are currently serving as representatives of the student body and the teaching personnel on the University Board. Teaching personnel representatives may not be from the same institutional unit. The full-time graduate student from any program of the University shall be selected by his peers from the Río Piedras, Mayagüez, and Medical Science Campuses. The Office of the Secretary of the University Board shall hold these elections according to university practices and customs, and certify the members-elect to the Governing Board. Upon taking their office on the Governing Board, members-elect shall cease service as representatives on the University Board and their positions shall be filled by the corresponding institutional unit, as provided by law or regulations.
(d) Term of appointment.— The student representatives duly certified by the Office of the Secretary of the University Board shall serve on the Governing Board for a term of one (1) year, and may be reelected for an additional term of one (1) year. However, they shall cease to hold office as members of the Governing Board should they become disengaged from the University during said term.
The representatives of the teaching personnel duly certified by the Office of the Secretary of the University Board shall serve on the Governing Board for a term of one (1) year and may be reelected twice for an additional term of one (1) year on each occasion. However, they shall cease to hold office as members of the Governing Board should they become disengaged from the University during said period.
The professional with extensive knowledge and experience in the field of finance, the resident of Puerto Rico who is a social and community leader, and the citizen, resident of Puerto Rico with ties to Puerto Rican communities abroad shall serve in the Governing Board for a term of five (5) years. Of the five (5) residents who have excelled in the artistic, scientific, and professional sectors, one (1) shall serve for a term of five (5) years, two (2) shall serve for a term of seven (7) years, and two (2) shall serve for a term of nine (9) years. Their successors shall all serve for a single term of nine (9) years.
The members of the Governing Board may be discharged after just cause has been established by the Board proper, and for noncompliance with the fiduciary and administrative duties, upon charges brought. Any vacancy in the Governing Board shall be filled as established in this section and shall only be extended for the remainder of the term for which its predecessor was designated.
(e) First session and election of officials.— Once constituted, the Governing Board shall be called by the Secretary of Education for its first meeting during which a Chair and any other officials deemed necessary to carry out the tasks entrusted thereto shall be elected from among its members. The Governing Board shall set the term of office of these officials through regulations.
(f) Quorum and sessions.— Seven (7) members shall constitute a quorum for the Board. The Board shall meet in regular sessions in accordance with the annual calendar which it shall approve and publish timely. The Board may hold special meetings or committee meetings, upon being called by its Chair motu proprio or requested by seven (7) members. The agreements and resolutions of the Governing Board shall be made by the majority of the quorum of members present, except when, as provided through regulations, the Governing Board requires a special majority to make a decision.
(g) Powers and duties of the Governing Board.— The Board shall draw up the policies that shall govern the direction and development of the University, it shall examine and approve the general operating standards proposed by the legislative and administrative bodies of the latter, pursuant to this chapter, and shall supervise the operations of the institution. The Board shall represent the public interest in the University and shall always ensure the protection of the University against political partisan interests or any other interest that impairs its autonomy, against anti-intellectual tendencies that go against academic freedom, the promotion of critical thought, and the full development of the virtues of students.
(h) Duties and authorities.—
(1) To approve the integral development plan of the University and revise it annually.
(2) To authorize the creation, modification, and reorganization of campuses, centers, and other university institutional units; of colleges, schools, faculties, departments, and entities of the University; however, it may not privatize, alienate, or abolish those autonomous institutional units existing at the time of the approval of this act without previous authorization of the law.
(3) To provide for the creation and elimination of the positions held by assistants to the President of the University.
(4) To authorize the creation and elimination of the positions held by Deans who do not preside over schools.
(5) To approve or amend the General University Regulations, the General Student Regulations, the Student Regulations for each campus, the Retirement System Regulations, and any other regulations of general application, subject to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
(6) To decide on appeals filed against the decisions of the President, the University Board, and the Board of Appeals of the administrative technical staff of the university system.
(7) To appoint, in consultation with the Academic Senates or with the equivalent bodies from the respective units, the University President; the Chancellors of the university campuses and of any other autonomous unit created within the university system that the Governing Board determines must be governed by a Chancellor because of its condition. Said officials shall hold office at the will of the Board. The Governing Board shall evaluate the performance of each of the aforementioned officials on each term of not less than two (2) years or more than four (4) years while they hold office. Said evaluation shall be done in writing, discussed with each incumbent, and shall be recorded in the pertinent file of the Governing Board.
(8) To approve the appointments of the Finance Director of the University of Puerto Rico.
(9) To consider and approve the annual budget proposal for the university system submitted by the President, and approve and maintain a uniform accounting and auditing system for the use of University funds pursuant to the law and the regulations. If at the close of any fiscal year the University budget for the following year has not been approved, as provided for in the University of Puerto Rico Act, the budget for the previous year shall remain in force.
(10) To render an annual report to the Governor and the Legislative Assembly concerning its activities and the status and finances of the University.
(11) To adopt standards regarding the rights and duties of the university personnel, and to set the salaries and emoluments of the University officials appointed by the Governing Board itself.
(12) To create and grant academic awards, motu proprio, or as proposed by the Academic Senates.
(13) To establish the procedure for the temporary substitution of University officials.
(14) To adopt its by-laws.
(15) To maintain a medical insurance plan and a pension system for all university personnel, which shall include a loan plan, without impairment to the powers of the Retirement Board.
(16) To organize its office, appoint its personnel, and contract the services of such experts, advisors, and technicians necessary for the exercise of the powers conferred thereto by this chapter, and to appropriate the funds needed to achieve such a purpose. Career employees of the current Board of Trustees shall be transferred to the new Governing Board, and shall maintain all vested rights, privileges, and obligations.
(17) To establish general regulations for the granting of scholarships and any other financial aid in the public university system.
(18) To create mechanisms that shall lead to the best transition between the high school programs of the Island, especially public schools, and the University programs, so that the students of the Island are educated in an environment conducive to a university education.
(19) To authorize the creation of subsidiary or affiliated corporations to render services to the university community and the people of Puerto Rico.
(20) To fully address the requirements of accreditation agencies, whether regional and their own, such as the Puerto Rico Education Council, the Middle States Commission on Higher Education, and those that provide specific professional accreditation.
(21) To fully meet the requirements of entities and public instrumentalities of the Commonwealth of Puerto Rico, or of the government of the United States of America that may grant funds to the University or offer assistance for program development.
(22) To ensure that the University of Puerto Rico serves as a liaison between our Island and the world.
(23) To promote a constant bond between the alumni of the University and their Alma Mater, in accordance with the accepted practices in the best institutions of higher education in the world, with the goal of obtaining appropriate financial support for the Institution as a result of this bond.
(24) To oversee the sound maintenance and update of university infrastructure, both in terms of construction and technology, giving special attention to the architectural patrimony of which it is the depositary.
(i) Effectiveness of the regulations and certifications of the Board of Trustees.— All regulations, as well as all certifications, approved by the former Board of Trustees, which are in effect as of the approval of this act shall continue to be in effect until the Governing Board hereby created modifies or revokes them. All labor agreements shall remain unaltered until all parties agree otherwise.
History —Jan. 20, 1966, No. 1, p. 85, § 3; July 11, 1978, No. 27, p. 442; June 16, 1993, No. 16, § 1; June 16, 1993, No. 17, § 17; Aug. 6, 1994, No. 54, § 1; Sept. 4, 1997, No. 112, § 1; Dec. 26, 1997, No. 200, § 1; June 21, 2010, No. 65, § 1; Apr. 30, 2013, No. 13, § 1.