Judgment of Compliance

Narrative

The Board of Regents of The Texas State University System is responsible for the financial oversight for the entire University, to include the Department of Athletics. The Board of Regents is the deciding agency for major decisions regarding the addition or reduction of university-supported athletic teams and changes in athletic association classification [1]. Otherwise, principle authority over athletics lies with President Gaertner who has final responsibility for and exercises both administrative and fiscal control over the University’s athletics program. Dr. Gaertner oversees the program’s operations whether directly or indirectly through delegated faculty and staff representatives who report directly to him [2]. In February, 2004, Dr. Gaertner announced a significant reorganization of responsibility, with the Director of the Department of Athletics assigned to report directly to him [3]. This reassignment signaled a major shift in governance of the athletics program, with Dr. Gaertner assuming a more significant role in oversight of the program. He and the Director of Athletics meet bi-weekly to discuss any and all aspects of the athletics program, and each semester he reviews grade reports for every student-athlete on scholarship. He actively supports fund-raising activities of the Bearkat Partners and the Kat Pack by attending functions, speaking at luncheons, and welcoming honorees at University athletics functions.

The President has taken direct part in the following decisions involving athletics:

• In 2002-03, the President formalized a new funding plan for athletics [4]. This plan increased Athletic Department funding from Student Service Fees, the General Use Fund, donations, and revenue from game guarantees and gate receipts.
• In 2004, at the President’s direction, the reporting lines for the Department of Athletics were changed from the Vice President for Student Services to the President [2].
• In 2004, the President appointed the new Faculty Athletic Representative, Dr. R. Dean Lewis, Dean of the College of Business Administration [5].
• Within the past three years, the President initiated the addition of revenue streams generated from outside athletic sources that will be matched by the University.
• The President took the lead in bringing about the construction of new athletic facilities (weight room, baseball/softball complex), as well as the renovation of athletic facilities (press box, offices, learning enhancement center, track, football turf) [6] [7].
• The President took the main part in the decision to add women's soccer and to review Title IX. In 2008, the President announced the decision to add an additional women’s sport, bowling, to begin in fall 2008 [8].

Dr. Gaertner reports directly to the Board of Regents but is responsible for all operations and policy changes associated with the Department of Athletics. The President has oversight of travel, purchases, personnel matters, and infractions. He makes final decisions concerning conference activities of the University and decisions concerning any major changes in funding of the Department of Athletics through Student Service Fees allocations. The Vice President for Financial Operations reports to the President of the University and is responsible for the oversight of Department of Athletics budget processes.

The Director of Athletics reports to the President but within the bounds of this oversight has authority for making major decisions in the athletics program [9]. The director is responsible for NCAA compliance and athlete’s eligibility, facilities, budget preparations, personnel and support services. He makes major budgeting and program decisions. He recommends the hiring and terminating of Department of Athletics staff, coordinates the activities of the various sports, and communicates University concerns to the coaches.

The following committees and individuals do not have major decision-making authority but are important sources of advice and consultation to the President and the Director of Athletics and thus are part of the process of major decisions in the athletic program:

• The Faculty Athletic Representative, who is appointed by the President, serves as an advisor to the President and as a member of the Athletics Advisory Council as well as a liaison between the University and the NCAA and the Conferences with which the University has been affiliated [10]. He does not make any decisions concerning the operation of the athletics program. His charge is to provide assistance that will help SHSU maintain institutional control over the Department of Athletics.
• The Athletics Advisory Council, also appointed by the President, performs an annual review of all policies of the Southland Conference and the NCAA and recommends appropriate actions to the Director of Athletics and the President. It contributes to the strategic planning of SHSU athletics by providing on ongoing evaluation of the scope, needs, and benefits of the Department of Athletics. It promotes the athletics program throughout the University [11].
• The Title IX Coordinator of Compliance oversees athletics concerns relative to gender equity issues as defined by Title IX and recommends appropriate modifications to the University Title IX compliance plan.
• The coaches report directly to the Director of Athletics. They are responsible for the day-to-day operation within their respective area, including scheduling of games and practices and budgeting entries.

Each of these committees or individuals ultimately reports to the President, whether directly or indirectly, and the President seeks the advice and counsel in making decisions concerning the athletics program.

• SHSU is a member of the National Collegiate Athletics Association and is in compliance with NCAA regulations concerning the governance of its athletics program, the well-being of its student- athletes, and the efficacy of its handling of minority affairs [12]. SHSU is also a member of the Southland Conference, an athletics conference consisting of twelve colleges in Texas, Arkansas, and Louisiana [13]. Dr. Gaertner serves as the chair of the Southland Conference Board of Directors and participates in meetings of the Southland Conference [14].

Supporting Documentation