American greater schooling stands at a important juncture following the emergence of studies that the Division of Justice is in search of a consent decree with Columbia College. Whereas Columbia’s performing president responded by stating, “We’d reject any settlement that may require us to relinquish our independence and autonomy as an academic establishment,” the very risk of such a decree alerts a brand new chapter within the relationship between faculties and universities and the federal authorities. Even the proposition of a consent decree units a harmful precedent for American greater schooling, one which erodes institutional autonomy and the independence of governing boards.
At a time when our faculties and universities are navigating political crosswinds, social unrest and rising scrutiny, the integrity of board governance has by no means mattered extra. Impartial governing boards usually are not symbolic buildings—they’re foundational to greater schooling’s skill to serve the general public good, safeguard educational freedom and preserve mission-centered management via each disaster and calm.
The priority will not be whether or not establishments ought to adjust to the legislation. In fact they need to. The query is whether or not authorized settlements or authorities actions needs to be allowed to intrude on the position of boards, setting phrases that weaken governance authority or sideline trustees from their fiduciary duties.
What ought to trustees at different faculties and universities do if confronted with comparable stress to agree—with out authorized adjudication—to exterior controls that seem to compromise governance independence?
First, they need to reaffirm their fiduciary duties—not simply as a formality, however as a framework for daring, mission-driven management. Boards should stay grounded of their authorized and moral obligations: obligation of care, obligation of loyalty and obligation of obedience to the establishment’s mission. Within the face of political stress, these aren’t summary beliefs—they’re anchors.
Second, boards should search impartial authorized and governance counsel early in any negotiation course of. The pursuits of compliance and governance usually are not at all times aligned. Trustees should perceive the excellence between politics, insurance policies and legislation and be ready to say their duties.
Third, if introduced with a consent decree or settlement that overreaches, trustees ought to insist on clear, restricted and clear phrases—not imprecise provisions that permit for creeping oversight or ambiguous veto powers. A board that relinquishes its authority could also be making an attempt to guard its establishment within the second, however in doing so it locations the long-term well being of not solely its personal establishment however all the academic sector in danger.
Lastly, boards should converse—collectively. We want a collective stance amongst governing boards, greater schooling associations and institutional leaders that reasserts the worth of impartial governance in a democratic society. The erosion of board autonomy doesn’t simply threaten governance buildings—it jeopardizes the belief, freedom, credibility and sustainability of our establishments.
This can be a defining second. If we permit undue influences—whether or not authorities companies, political appointees, donors, alumni or others—to dictate the phrases of campus governance, we danger undoing the muse of American greater schooling. Trustees should act independently—with readability, braveness and an unwavering dedication to their establishments’ missions and values.
The way forward for greater schooling depends upon it.
