AGO 2001-13.

• Case Date: February 04, 2002
• Court: Indiana

Indiana Attorney General Opinions 2002. AGO 2001-13. February 4, 2002Advisory Opinion 2001-13The Honorable Thomas K. Weatherwax State Senator 3012 Woodland Drive Logansport, IN 46947-1357 RE: Community College SystemDear Senator Weatherwax: This letter responds to your recent request for an advisory on the following questions:

1. What is the authority of the Commission for Higher Education in regard to the operation of the Community College System? Can the Commission for Higher Education require changes to signage at Ivy Tech sites where the Community College System is in place?

2. Does the Commission for Higher Education have the authority to require students to make payments for classes at Community College System sites to Community College of Indiana rather than to Ivy Tech State College?

3. What is the fiduciary role of the respective trustees of Vincennes University and Ivy Tech State College as it relates to the Community College System? Is there any basis to exempt or modify their duties under the generally accepted principle of law that trustees have an independent fiduciary duty to act in the best interest of the institution that the trustee represents?

The Commission for Higher Education (the Commission) has virtually no authority over the operation of the Community College System. The Commission does not have the authority either to require changes to signage at state university sites or to require students make payments to a fictitious entity or to any entity other than one designated by the Board of Trustees of the educational institution in which the student is enrolled. The creation of the Community College System does not alter or modify the basic fiduciary duties of the trustees of Ivy Tech and VU to their respective institutions. BACKGROUND AND ANALYSIS The Indiana Community College System (the System) was created by the General Assembly in 1999 at Ind. Code § 20-12-75. The System was established as a coordinated partnership of Vincennes University [VU] and Ivy Tech State College [Ivy Tech] to, among other things, provide an opportunity for students to earn associate degrees that are accepted by four (4) year colleges and universities. Ind. Code § 20-12-75-4(a) (emphasis added). The authorizing legislation delineates the degrees and courses that may be offered by each of VU and Ivy Tech, Ind. Code § 20-12-75-6 through 20-12-75-8, and further provides that

[a] framework for implementing sections 6 through 8 of this chapter shall be mutually agreed upon by both the Vincennes University board of trustees and the Ivy Tech State College state board of trustees and shall be approved by the community college policy committee.

Ind. Code § 20-12-75-9 (emphasis added). The Community College Policy Committee, comprised of three members of the boards of trustees of each of VU and Ivy Tech, as well as individuals appointed by the governor, was created to

(1) oversee the implementation of the community college system, including the selection of the sites at which the community college system will be offered and the timetable for implementing these sites;

(2) review the broad policies and principles to be used to carry out and guide the implementation; and

(3) serve as a communication link among the two (2) boards of trustees and the commission for higher education with regard to implementing the community college system.

Ind. Code § 20-75-12(a). However, the General Assembly made it abundantly clear that the System does not supercede, replace, or diminish the independence of either Ivy Tech or VU:

Although the community college system is a coordinated partnership of Vincennes University and Ivy Tech State College, under the community college system:

(1) each institution remains an independent entity; and

(2) the coordinated system shall not in any way limit the independence of each institution.

Ind. Code § 20-12-75-5 (emphasis...