Everything You Ever Wanted to Know About Policy

Today’s topic is policy.

The subject of Policies comes up frequently in the monthly anonymous questions, in meetings on campuses and in College Senate: what are they, where are they, who made them and why do we have to follow them. As I have shared previously in 2021 and again earlier this year, policies are part of a broader set of regulations that govern almost all of NOVA’s actions: VCCS and state policies; state and federal laws and rules; and more. While we can—and do—engage in the process of advocacy and case-making that might, eventually, lead to changes, NOVA cannot simply “opt out” of the policies, rules, laws and more that govern our work. Given that I continue to receive questions on this topic, I wanted to provide a more detailed FAQ today. It will be archived through the Daily Flyer and on the President’s Office NOVAnet site.

Where can I find NOVA’s policies?
All NOVA policies are published to the web. Because we are part of the Virginia Community College System, our policies most frequently refer to VCCS policies. NOVA policies must align with VCCS policies and cannot violate local, state or federal rules, regulations or laws. NOVA students are also governed by the Student Code of Conduct.

Where can I find VCCS policies?
VCCS policies are published to the VCCS Board’s public BoardDocs site.

How does VCCS develop policies?
VCCS relies on a series of advisory committees comprised of subject matter experts to inform and advise on systemwide policies (see VCCS Policy 2.4 Statewide Professional Advisory Committees). The 23 colleges are treated as equals in these committees, and when votes are called, each community college gets one vote. The committees are advisory in nature, and the VCCS Board, which governs the system, may enact or change policies without engaging them.

You are represented on the VCCS advisory committees through your dean, director, AVP, VP or provost. One NOVA faculty member serves on the Chancellor’s Faculty Advisory Council (Professor Charlie Errico), and I serve on the Advisory Council of Presidents (ACOP). If you have questions, reach out to the appropriate representative; members of advisory committees related to your role at NOVA should also be updating you on a regular basis. Please note that the chancellor may also form ad hoc committees or task forces and designate membership. Recent examples include the Onboarding Task Force and the Expressive Activity Task Force.

Because the advisory committees reflect the needs and interests of 23 distinct colleges, each with its own context, some proposals do not receive wider consideration within VCCS. When a proposal does move forward, because of the complexity and diversity of the system, it can take more than a year for any item to emerge from the committee process and appear on the agenda of the Advisory Council of Presidents (ACOP). ACOP action represents the presidents’ recommendation to the chancellor.

Are there any other VCCS documents governing NOVA?
Yes. NOVA’s strategic and operational direction is expected to align with and support the VCCS Accelerate Opportunity Strategic Plan, and our performance against these metrics is tracked by the system. VCCS also allocates part of the 23 colleges’ state funding on a performance basis, which encourages the colleges to focus on these metrics. NOVA, like all VCCS colleges, must also respond to system audits of operations and practices.

Are there other state agencies that govern NOVA’s actions and practices?
Yes. We must adhere to the Code of Virginia, which includes laws directly related to higher education and many others that regularly guide our practice. As a state agency, NOVA must follow policies, guidance, regulations, executive orders and opinions, which come to us primarily through the Governor; the Virginia Attorney General; the Secretary of Education, chiefly through the State Council on Higher Education for Virginia; and Department of Human Resources Management. We are also subject to requirements and mandates from other Virginia agencies, such as the Department of Account’s Agency Risk Management and Internal Control Standards (ARMICS), which ensures fiscal accountability and asset controls. Finally, the General Assembly can focus colleges’ actions by restricting funding to only certain programs. For example, G3 funding is restricted to supporting tuition for students in designated workforce programs and their advisors.

What laws govern NOVA at the federal level?
NOVA’s actions are governed by hundreds of federal requirements, policies and laws that go far beyond the U.S. Department of Education. Complying with these intersecting and changing laws, rules, regulations and executive orders has become increasingly challenging. Federal agencies have also increased the use of  “Dear Colleague” letters to define and enforce rules for higher education institutions (see example). And, states are increasing their own use of the courts to pause or block federal policies and rules (see example). The Higher Education Compliance Alliance has compiled this matrix, which gives a good overview of the breadth and depth of federal regulation of higher ed.

Who supports our compliance with all these policies and laws?
Public higher education institutions in Virginia are assigned counsels by the Office of the Attorney General. NOVA is supported by one Assistant Attorney General (AAG) and one Paralegal, and currently, VCCS has one additional AAG to serve the remaining 22 colleges. Our AAG has assisted in the creation and delivery of compliance training to supervisors at NOVA. If you have questions about applicable federal or state regulations, your dean, director, AVP, VP or provost should have the information needed to respond or to refer you to the right source.

Does any other external body govern NOVA’s actions in any way?
Yes. Accreditation—whether collegewide through the Southern Association of Colleges and Schools Commission on Colleges or programmatically through specialized accrediting bodies—requires that NOVA adhere to identified principles, requirements and standards (see SACSCOC example).  Programs leading to a regulated profession have additional requirements set by specialized accreditors, state agencies and licensure boards. For example, NOVA offers programs that lead to regulated health professions.

Kind regards, Anne