Racial inequities and lack of transparency continue to be major patterns of college board operation

The coverage of public higher education is a trying endeavor in Mississippi because of the broad authority which the college board possesses and the manner in which it operates. 

One has to become or remain aware that the college board is subject to no one. After its members have been appointed by the governor and confirmed by the senate, the only way that the board can be deterred in its actions is through the state legislature’s budgetary authority or through orders from the courts, if and when they are sued. 

One also has to realize or keep in mind that the college board is not required to and often does not report or explain its actions to the public. The members are appointed for set terms, and thus are not exposed to pressure to try and please the public. 

With those thoughts in mind, we examine four areas of action from the meeting of the college board last week. In its monthly meeting, among other things, it dealt with legal matters, legislative capital improvement requests, program or certification eliminations, and the Ayers settlement.

LEGAL/PERSONNEL MATTERS

In terms of personnel and legal matters, across the two days of September 19 and 20, six items were dealt with, or at least considered. Perhaps the most disturbing part is that they were all dealt with in executive sessions, and in each case reported as NO ACTION TAKEN.

The first of the executive session items was a discussion of land being purchased by Jackson State University from LW Jackson IX, LLC. There is no mention of where the land is located, the size of the plot, the cost of the land, nor the purpose for which it would be used. There is no question that this is a matter in which the public is being kept in the dark; the question is, “for what reason?” There are other instances wherein land has been purchased on which to build research facilities, dormitories, classrooms, or other major purchases. Why is this project seemingly shrouded in secrecy? Based upon how some matters in the past have been to the detriment of the historically Black institutions, this one arouses suspicion. As a matter of fact, there are now questions regarding the company, LW Jackson IX, LLC. 

The second of the executive session items was a discussion of the job performance, character, and professional competence of the institutional executive officials (the presidents) of each of the nine institutions. Although this was not strictly a legal matter, one would assume that such evaluations could have led to litigation, if a president had been penalized in some manner as a result of a negative evaluation. Furthermore, a lay person might ask why such an evaluation took place in October rather than at the end of the academic year or fiscal year. Was there some occurrence that triggered it?

The third of the executive session items was a discussion of pending litigation involving the NCAA college athlete name, image, and likeness (NIL) payments and the application of Title IX. In this case, the board apparently took no action because the matter is under litigation.

The fourth item was discussion of a personnel matter involving the job performance of a person occupying a position at the University of Mississippi Medical Center (UMMC) and related litigation against UMMC and the Office of Institutions of Higher Learning (IHL). As in the case of the NCAA-related NIL payments, the board apparently took no action because the matter is under litigation.

The fifth item was a discussion of a personnel matter involving the job performance of a person occupying a position at Jackson State University (JSU) and related potential litigation. Although unlike the preceding two items, there is no pending litigation. The board apparently took no action in order to protect itself down the road. Since this is likely a case with which we are familiar, the questions we would likely raise are: “Does this mean the board has questions regarding the procedures used at JSU in that personnel matter?” “Is it only a potential litigation matter if the administration’s recommended termination is approved?”

The sixth item was a discussion of privileged legal advice regarding employment law as it relates to pending and potential litigation at IHL, JSU, and UMMC. Apparently, because it was privileged legal advice, the board took no action.

Again, we return to the matter of no action being taken in any of the executive sessions. It seems that it would be more accurate and honest to indicate that attorneys for the board are taking the appropriate actions to correct the problem or handle the situation, which will eventually be reported to the public. 

Nobody believes that all the discussions led to no action. For purposes of transparency and credibility, the board needs to indicate that there were not just hours of discussion with no outcome. As matters now stand, the board gives the impression that it perceives the public as fools and/or that what the board does is “none of the public’s business.”

LEGISLATIVE CAPITAL IMPROVEMENT REQUESTS

The Office of Institutions of Higher Learning (IHL) presented a proposed four-year bond plan for capital improvements to be presented to the state legislature. The total amount for the system of higher education is $494.4 million. The breakdown per institution over the four-year period is as follows.

Alcorn State University $35.4 million

Alcorn State University Agricultural Programs $4.1 million

Delta State University $35.4 million

Jackson State University $47.9 million

Mississippi State University $58.8 million

Mississippi State University Veterinary Medicine $52.7 million

Mississippi University for Women $35.4 million

Mississippi Valley State University $35.4 million

University of Mississippi $58.8 million

University of Mississippi Medical Center $49.6 million

University of Southern Mississippi Gulf Coast Campuses $9.2 million

Education and Research Center $12.5 million

This gives an individual one point of view. Another reality may emerge if one backs up and sees what was actually received the first year of the proposed plan. For that first year when the funds were received, the figures were as follows.

Alcorn State University $8.3 million

Delta State University $10 million

Jackson State University $23 million

Mississippi State University $13.2 million

Mississippi State University Veterinary Medicine $28.2 million

Mississippi University for Women $3.4 million

Mississippi Valley State University $8.8 million

University of Mississippi $16.5 million

University of Mississippi Medical Center $7.8 million

University of Southern Mississippi $19.6 million

University of Southern Mississippi Gulf Coast Campuses $1.2 million

Education and Research Center $500,000

The figures take on a different perspective if and when one realizes that under both sets of figures (actual and proposed allocations) the historically Black colleges receive what would seem to be an inequitable amount. For the current year, they received $40.1 million or 28.6% of the $140.2 million in capital improvement dollars from the state legislature. Under the proposed 4-year plan, they would receive $122.8 million or 24.8% of the $494.4 million being requested from the state legislature. 

In short, it does not appear that the college board is attempting to provide for the real needs of the institutions, especially given the fact the HBCUs have long been behind their white counterparts. The proposed plan would put them even further behind. In light of that reality, the thought that crossed the writer’s mind is, now that the Ayers case has come to an end, the board is not concerned about even the appearance of equity or fairness.

Another thing that can be seen is that IHL and the board are proposing the legislative capital improvement requests will become more uniform – $35.4 million for Alcorn, Delta State, MUW, and Mississippi Valley; $58.8 million for Ole Miss, USM, and Miss State; and $47.9 million for Jackson State. Outside that pattern for the so-called regional, urban, and comprehensive universities, $52.7 million would be requested for the veterinary medicine program, $49.6 for UMMC, and $9.2 for the USM Gulf Coast Campuses.

If one has been paying close attention, he/she might begin to realize that rather than continuing to talk about eight or nine universities, the reality is that the state supports eleven universities. Its just that others are not formerly called universities. On paper, at least UMMC is under the jurisdiction of Ole Miss, the veterinary medical program is under the jurisdiction of Miss State and the Gulf Coast Campuses are under USM. For budgetary purposes, however, the three are separate entities. (Incidentally, attorneys for the plaintiffs in the Ayers case repeatedly made that argument, while the state was arguing that eight universities were too many for the state to try to support.)

Finally, as quietly as it may be kept, the Education and Research Center, which is headquarters for IHL and the college board, has become as expensive as another university. Over the four years of the proposed legislative capital improvement requests, the requests for the center surpasses that of the Gulf Coast Campuses.

CERTIFICATION ELIMINATIONS

Under its regular agenda, the board considered deleting nine certificate programs – four at UMMC and five at JSU. The four at UMMC – Analytics, Magnetic Resonance Imaging, Nuclear Medicine Technology, and Orthotics and Prosthetics Residency – were all justified based upon the fact that they had long been inactive, but just not removed from the files. The five at JSU, Endorsement: Emotional Disability, Endorsement: Gifted K – 12, Endorsement: K – 3, Endorsement: K – 6, and Endorsement: Mild/Moderate 7 – 12, did not have such justifications. Instead, in each case, IHL indicated that students could still obtain add-on certifications by taking the necessary coursework at JSU. The question, therefore, becomes either why were the programs created in the first place OR why is it necessary to eliminate them now? History has taught us to always have a healthy skepticism regarding program eliminations since that is how JSU and Alcorn lost many programs during the administration of Commissioner W. Ray Cleere and how Delta State ended up with a program that should have been developed and today housed at MVSU. 

AYERS ACCOUNTABILITY

As is annually done each October, the most recent Accountability Manual was distributed to the college board members at the meeting. It was done without fanfare since most people have long had the feeling that the case is closed and the settlement completed. What is almost never discussed, however, are the facts that the private endowment ($35 million) was never fulfilled, that Mississippi Veterans Memorial Stadium is not a settled issue, and that in many ways the HBCUs are in the same relative position as they were in 1975.

CONCLUSION

The board plowed through its agenda, much of which was routine. Nevertheless, the racial inequities in the system were on display in the various segments of the meeting through the data, the proposals, and the discussions. Simultaneously, there were many examples of the lack of transparency. These conditions are not likely to change as long as the board and IHL are constituted as they are and as long as there is not much more exposure by members of the public, including political leaders, activists, alumni, attorneys, and others as to what actually happens in the meetings.