STATE COLLEGES AND COMMUNITY COLLEGES

M.G.L. pt. Part I, tit. Title XII, ch. c. 73

in effect

M.G.L. c. 73, § 1 Management; administration

c. 73, § 1. Management; administration Section 1. The state universities, as established by section 5 of chapter 15A shall provide educational programs, research, extension, and continuing education services in the liberal, fine and applied arts and sciences and other related disciplines through the master's degree level. They may offer doctoral programs in cooperation with the University of Massachusetts under authority granted by the board of higher education, concurred in by the boards of trustees of the University of Massachusetts and of said state universities. They shall provide a major emphasis on the preparation of teachers and other professional educational personnel. The board of trustees of the state universities may grant the degree of Bachelor of Education or of Bachelor of Science in Education to any person completing a four-year course in a state university, and the degree of Master of Education to graduates of colleges or universities who have satisfactorily completed a graduate course of instruction in any such university. The trustees may grant the degree of Bachelor of Fine Arts to any student at the Massachusetts College of Art and Design upon the successful completion of certain four-year prescribed courses in the field of fine arts, and may grant the honorary degree of Doctor of Fine Arts at said college of art. The trustees may grant the degree of Bachelor of Nautical Science to any person satisfactorily completing the prescribed course of instruction at the Massachusetts Maritime Academy. The trustees may also grant such other appropriate baccalaureate degrees at such state universities as it may determine and prescribe. The trustees may also award academic degrees at all appropriate levels, as approved by the board of higher education. They may also award such honorary degrees as they deem appropriate. Notwithstanding the provisions of this section, in exercising the authority to grant degrees, the board shall be subject to the determinations of the board of higher education delineating functions and programs for public institutions of higher education and segments of such institutions. Notwithstanding any other provision of law to the contrary, except as herein provided, the trustees may adopt, amend or repeal such rules and regulations for the government of any such university, for the management, control and administration of its affairs, for its faculty, students and employees, and for the regulation of their own body, as they may deem necessary, and may impose reasonable penalties for the violation of such rules and regulations. The trustees shall publish such rules and regulations and shall file copies thereof with the governor, the executive office for administration and finance, and the joint committee on ways and means. The trustees may, except as to the authority to adopt rules and regulations and as to duties imposed or powers granted under sections one A, one B, one C and one D, delegate their authority or any portion thereof to the director of the division of state universities or to officers of state universities whenever in their judgment such delegation may be necessary or desirable. The board of trustees of the state universities shall provide and maintain the Massachusetts Maritime Academy as a nautical college for the instruction of students in the science and practice of navigation, seamanship and marine engineering, accommodations therefor on board a proper vessel at its present location and at such land facilities, including the present facilities, as the said trustees shall designate, books, stationery, apparatus and supplies needed in the work thereof, and shall appoint and may remove necessary instructors and other employees, determine their compensation, fix the terms upon which students shall be received and instructed therein and discharged therefrom, make all regulations necessary for its management and provide from time to time for cruises. Said trustees shall establish an annual service fee for each midshipman, other than out-of-state students, in an amount not less than one hundred and fifty dollars annually for each such midshipman. The trustees may receive from the federal government, and use for the accommodation of the Maritime Academy, vessels detailed by the secretary of the navy. In addition to the advances authorized by section twenty-three of chapter twenty-nine, the state treasurer shall, upon requests by the trustees to the comptroller, make an advance for cruises of not exceeding ten thousand dollars for six months to the commanding officer of the vessel detailed therefor who shall give bond in the sum of ten thousand dollars, with sureties approved by the governor and council, for its proper disbursement. Said advance shall be accounted for by properly approved vouchers within thirty days after the termination of said cruise.

M.G.L. c. 73, § 1A Fees for tuition, room and board

c. 73, § 1A. Fees for tuition, room and board Section 1A. The board of trustees shall fix the amount of tuition fee to be paid by each student at any of the state universities; provided, however, that said board shall in no case fix the tuition fee for full tuition during the school year at less than one hundred dollars; provided, further, that tuition fees charged to veterans, and fixed by the veterans administration pursuant to law, shall not be included within such authority and limitation. Said board shall, furthermore, charge any pupil at any of the aforesaid state universities maintaining a dormitory and boarding hall a reasonable charge for room and board at a rate not less than four hundred and twenty dollars per year.

M.G.L. c. 73, § 1B Student activity fee

c. 73, § 1B. Student activity fee Section 1B. The board of trustees may fix the amount of student activity fee to be paid by each student at any of the state universities. All receipts from student activities shall be retained by the president of the state university in a revolving fund or revolving funds, and shall be expended as the president of the state university may direct in furthering the activities from which the fees and receipts were derived; provided that the foregoing shall not authorize any action in contravention of the requirements of section one of Article LXIII of the amendments to the Constitution. Such a fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.

M.G.L. c. 73, § 1C Meetings

c. 73, § 1C. Meetings Section 1C. The trustees shall determine the time and place of their meetings and the manner of giving notice thereof.

M.G.L. c. 73, § 1E Branch banks on grounds of universities authorized

c. 73, § 1E. Branch banks on grounds of universities authorized Section 1E. Notwithstanding any contrary provisions of law, the board of bank incorporation or the commissioner of banks is hereby authorized to allow a bank, as defined in section one of chapter one hundred and sixty-seven, to establish and maintain a branch on the grounds of any state university in the commonwealth, provided that the board of trustees of said state universities shall determine the method and terms of the lease if applicable or rental thereof.

M.G.L. c. 73, § 1F Funds for legislative agents or organizations attempting to influence legislation

c. 73, § 1F. Funds for legislative agents or organizations attempting to influence legislation Section 1F. The board of trustees shall not allow any funds for legislative agents as defined in section thirty-nine of chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three to be assessed on student tuition bills; provided, however that optional fees for nonpartisan organizations which employ said legislative agents or attempt to influence legislation shall be collected by the board of trustees whenever students have authorized an optional fee by a majority vote of those students voting in an official student referendum. Said optional fee shall be collected as provided in paragraph (b) of section eighteen or chapter fifteen A. No funds collected as a mandatory student activities fee shall be paid to legislative agents as defined in section thirty-nine of said chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three. As used in this section, the term ''legislative agent'' or ''organization attempting to influence legislation'' shall not include any official representative of the student body.

M.G.L. c. 73, § 2 Massachusetts College of Liberal Arts; provision for agricultural education

c. 73, § 2. Massachusetts College of Liberal Arts; provision for agricultural education Section 2. The department may provide for agricultural education in the Massachusetts College of Liberal Arts.

M.G.L. c. 73, § 2A Required subjects for instruction

c. 73, § 2A. Required subjects for instruction Section 2A. In all state universities the constitutions of the United States and of the commonwealth shall be taught as required subjects for the purpose of fitting the students, morally and intellectually, for the duties of citizenship and of school teaching.

M.G.L. c. 73, § 3 Agreement for practice teaching

c. 73, § 3. Agreement for practice teaching Section 3. The city of Boston may, and the cities of North Adams, Fitchburg and Lowell and the town of Barnstable shall, acting by their respective school committees, each make written agreements with the board of trustees to provide suitable and sufficient school buildings and model and practice schools in connection with the training departments of state universities therein. The board of trustees may, if requested by towns near state universities, make written agreements with such towns for the maintenance of practice schools therein in connection with such state universities, and may provide for the payment of part of the compensation of supervising teachers employed in such practice schools. This section shall not prevent the establishment and maintenance of model, practice, or training schools in connection with state universities, with or without the co-operation of local school authorities. All moneys payable by towns under such agreements shall be held upon a trust or trusts and disbursed at the direction of the board of trustees of the institution that is party to such agreement.

M.G.L. c. 73, § 4 Bonds of university presidents

c. 73, § 4. Bonds of university presidents Section 4. Presidents of state universities shall give bonds in such penal sums as the comptroller may prescribe, conditioned on the faithful performance of their duties.

M.G.L. c. 73, § 4A Leaves of absence

c. 73, § 4A. Leaves of absence Section 4A. A faculty member in a state university who has served as such for at least 6 years or, if a leave of absence has previously been granted to such faculty member, 6 years after the termination of the last such leave or after the date such leave would have been completed but for a deferral of the leave, may, upon written recommendation of the president of the university where the faculty member is employed, be granted by the board of trustees of the state university a leave of absence for study and research for a period of 1 year at 1/2 pay or for a period of a 1/2 year at full pay. Prior to granting such leave, the faculty member shall enter into a written agreement with the board of trustees stating that upon the termination of such leave the faculty member shall return to serve as a faculty member in the same or another state university for a period equal to twice the length of such leave; provided, that if the faculty member fails to complete that service, the faculty member shall refund to the commonwealth, unless excused by the board of trustees for reasons satisfactory to the board, an amount equal to the proportion of the salary received by the faculty member while on leave minus the amount for service not actually rendered as agreed. For the purposes of this section, service in a state college, including The Teachers College of the City of Boston, shall be deemed to have been service in a state university.

M.G.L. c. 73, § 4B Teachers; employment and dismissal

c. 73, § 4B. Teachers; employment and dismissal Section 4B. The board of trustees, in electing a teacher in a state university who has served as such for the three previous consecutive school years, shall employ him to serve at its discretion, and notwithstanding any contrary provision of general or special laws, he shall not be dismissed from such employment except for just cause and for reasons specifically given him in writing by the said board. Before any such removal is effected, the said teacher, upon his request, shall be given a full hearing before said board, of which hearing he shall have at least thirty days written notice from said board, and he shall be allowed to answer charges preferred against him, either personally or by counsel.

M.G.L. c. 73, § 6 Admission of non-resident students

c. 73, § 6. Admission of non-resident students Section 6. Upon payment of tuition fees the trustees may receive students not residents of the commonwealth in state universities.

M.G.L. c. 73, § 8 Educational program

c. 73, § 8. Educational program Section 8. The trustees may provide for residents of the commonwealth an educational program at each of the state universities, such program to include, in addition to the subjects mentioned in sections two and two A, instruction in such subjects as it deems expedient in the training of such residents.

M.G.L. c. 73, § 10 Audit

c. 73, § 10. Audit Section 10. All accounts of the state universities and community colleges under the direction of the trustees including the accounts of all property or funds received, held or disbursed under any provision of section fourteen and all accounts of any person doing business as a bookstore on property of a state university or community college shall be audited by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.

M.G.L. c. 73, § 11 Budget

c. 73, § 11. Budget Section 11. The trustees shall prepare and submit a detailed budget in such form and manner as the governor and general court may direct.

M.G.L. c. 73, § 12 Annual appropriation

c. 73, § 12. Annual appropriation Section 12. Notwithstanding any other provision of law to the contrary, the general court shall annually appropriate such sums as it deems necessary for the maintenance, operation and support of each state university; and such appropriations shall be made available to each state university by the appropriate state officials for expenditure through allotment, transfer within and among subsidiary accounts, advances from the state treasury in accordance with the provisions of sections twenty-four, twenty-five and twenty-six of chapter twenty-nine, or for disbursement on certification to the state comptroller in accordance with the provisions of section eighteen of said chapter twenty-nine as may from time to time be directed by the trustees or an officer of the division designated by the trustees.

M.G.L. c. 73, § 13 Financial report; accounting system

c. 73, § 13. Financial report; accounting system Section 13. A complete financial report covering all receipts and expenditures shall be made annually to the governor and the general court. Monthly statements of receipts and expenditures shall be made to the state comptroller. The trustees shall see that there is maintained an accounting system as required by the state comptroller and the trustees may maintain such additional accounts as they deem necessary for the management of the state universities.

M.G.L. c. 73, § 14 Special trusts, etc.; management

c. 73, § 14. Special trusts, etc.; management Section 14. The trustees shall administer property held in accordance with special trusts, and shall also administer grants or devises of land and gifts or bequests of personal property made to the commonwealth for the use of a state university, and execute said trusts, investing the proceeds thereof in notes or bonds secured by sufficient mortgages or other securities. The trustees shall have the authority to assent to federal laws designed to benefit the state universities and to enter into agreements or contracts with the federal government or agencies thereof, as well as into agreements or contracts with agencies of other governments, other colleges and universities, foundations, corporations, interstate compact agencies and individuals where such agreements or contracts, in the judgment of the trustees, will promote the objectives of the state universities. The trustees may, from time to time, establish and manage trust funds for self-amortizing projects and self-supporting activities including, but not limited to, the operation of the boarding halls, student health service, research institutes and foundations, dormitories and student and faculty apartments. All income received from such projects or activities shall be held in trust by the trustees and expended for the purpose for which the trust fund was established. The trustees may, for the purposes of this section, group together several or more projects and activities into one or more funds as is, in their judgment, required to best effectuate the purposes of the projects and activities and the purposes of the state universities. Any unrestricted balances remaining in a trust fund upon its termination shall be used as directed by the trustees for the general purposes of the state universities.

M.G.L. c. 73, § 15 Purchases

c. 73, § 15. Purchases Section 15. Notwithstanding any other provision of law of the contrary, the trustees or officers of a state university designated by them shall have the authority to make any purchase or purchases in the amount of five hundred dollars or less, and to purchase without limitation of amount library books and periodicals, educational and scientific supplies and equipment, printing and binding, emergency repairs and replacement parts, and perishable items, without recourse to any other state board, bureau, department or commission; provided, that in so doing the university shall follow modern methods of purchasing and shall, wherever practicable, invite competitive bids. Except as herein provided, the state purchasing agent shall on the certification of availability of funds purchase all items specified on requisitions submitted to him by such university; provided, that the university shall have the right to review all bids received on university requisitions and to make binding recommendation on the award of the contract based on the judgment of the university as to which of the bids best meet the university's specifications on which the bids were received.

M.G.L. c. 73, § 16 Election, etc., of officers; employment, status and benefits of personnel

c. 73, § 16. Election, etc., of officers; employment, status and benefits of personnel Section 16. As used in this section the following words shall have the following meanings, unless the context otherwise requires: ''Professional staff'', all officers of the division of state universities, and all persons, except those whose duties are clerical, custodial, security, labor, maintenance and the like, employed for teaching, research, administration, extension, enforcement, control laws and regulatory services, technical and specialized academic support staff, and such related activities as shall be determined by the trustees. ''Non-professional staff'', all employees who are not classified as professional personnel, such as clerical, custodial, security, labor, maintenance and the like. ''General salary schedule'', the pay plan of the commonwealth as contained in paragraph (1) of section forty-six of chapter thirty. The trustees shall elect the director of the division of state universities, who shall be the administrative and executive secretary of the board of trustees, and the president and such other officers and members of the professional staff of each state university as they may determine necessary and shall fix their classification, title and salary within the general salary schedule, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in the said schedule, and shall define their duties without limitation of any other provision of law. The trustees shall have complete authority with respect to the election or appointment of the professional staff including terms, conditions and periods of employment, compensation, promotion, classification and reclassification, transfer, demotion and dismissal within funds available by appropriation of the general court or from other sources. The classification, title, salary range within the general salary schedule and descriptive job specifications for each position shall be determined by the trustees for each member of the professional staff and copies thereof shall be placed on file with the governor, budget director, personnel administrator and the joint committee on ways and means, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in said schedule; provided, however, that the trustees may establish the salary for the director of the division of state universities, and for the president, members of the professional staff and for the academic deans and members of the professional teaching staff without reference to the general salary schedule and salary range; and, provided further, that no such salary shall be established for any academic dean or any member of the professional teaching staff unless his classification rating is equal to or higher than that of professor, nor shall the number of academic deans and members of the professional teaching staff whose salaries may be so established exceed one per cent of the combined total number of academic deans and members of the professional teaching staff. A notification of each personnel action taken shall be filed by the president or other officer of the university designated by him with the personnel administrator and with the comptroller. In establishing the classification, title and salary plan for the professional staff of the universities, the trustees shall give recognition to the need to establish and maintain appropriate academic ranks and titles as may be appropriate for higher education in order to provide for outstanding scholars, scientists and teachers. The president of each state university or an officer of the university designated by him shall file annually with the governor, the budget director and the joint committee on ways and means a list of all positions at such university, including the name of the incumbent, the classification and title, and the rate of pay. The trustees may, without prior approval and within limits of appropriations, engage designers, lecturers, students, other professional personnel, and non-employee services, at such rates and for such periods of time as they may determine necessary for the operation of the universities. The non-professional personnel of the universities shall continue as state employees under the provisions of chapter thirty and except as otherwise provided in this paragraph, shall be employed in authorized permanent positions in accordance with the provisions of section forty-five of said chapter; provided, however, that the trustee shall have the authority without prior approval and within the limits of appropriations to establish and fill temporary, part time and seasonal positions within existing titles and rates within available appropriations for the fiscal year. A notice of action taken in filling all such positions shall be filed with the personnel administrator and with the comptroller. All officers and employees, professional and non-professional, of the universities shall continue to be employees of the commonwealth irrespective of the source of funds from which their salaries or wages are paid. They shall have the same privileges and benefits of other employees of the commonwealth such as retirement benefits, group insurance, industrial accident coverage, and other coverage enjoyed by all employees of the commonwealth. Nothing in this section shall be so construed as to deny the president of a state university of any retirement, seniority or tenure rights acquired by him as a result of his prior employment in the University of Massachusetts or any of the state universities, or in The Teachers College of the City of Boston prior to its acquisition by the commonwealth.

M.G.L. c. 73, § 17 Travel policy

c. 73, § 17. Travel policy Section 17. The trustees shall have complete authority in determining the travel policy of a state university; provided, however, that said policy shall require coordination with the state purchasing agent to insure cost-effective utilization of the group purchasing power of the commonwealth. They shall determine which of the personnel of such university may travel within and without the commonwealth at state expense and where such personnel may travel.

M.G.L. c. 73, § 18 Control, movement and parking of motor vehicles

c. 73, § 18. Control, movement and parking of motor vehicles Section 18. The trustees shall make rules and regulations for the control, movement and parking of vehicles on the campus or other land of a state university and may provide reasonable penalties for the violation of said rules and regulations. The trustees may appoint as police officers persons in the employ of such university who in the enforcement of said rules and regulations and throughout the property of such university shall have the powers of police officers, except as to service of civil process. Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the clerk of the court and forwarded to the trustees of the division of state universities who shall deposit the same in the scholarship trust fund of such university for scholarship purposes.

M.G.L. c. 73, § 19 Institutions of higher learning; jurisdiction of board

c. 73, § 19. Institutions of higher learning; jurisdiction of board Section 19. The institutions of higher learning under the jurisdiction of the board of trustees of state universities shall be those institutions in the state university segment established by section 5 of chapter 15A.

M.G.L. c. 73, § 20 University education for police officers and firefighters

c. 73, § 20. University education for police officers and firefighters Section 20. A state university shall admit as a candidate for a four year degree any person who is a regular member of the police department or fire department of a city or town of the commonwealth within commuting distance of the university, who is recommended by his superior officers and demonstrates sufficient capacity in a competitive admissions examination. A police officer or firefighter who is so admitted shall, while enrolled as a student in good standing at such university, have his tuition paid by the commonwealth. While so enrolled, the city or town by whom he is employed shall pay him his full weekly salary during the thirty-two weeks of each university year; provided, he is enrolled for sixteen semester hours of instruction, works twenty-four hours a week on regular duty as a police officer or firefighter, as the case may be, in said city or town and during university vacation period works his regular weekly tour of duty in his department. Each police officer and firefighter who enrolls at a state university under the provisions of this section shall sign an agreement that he shall remain in full time employment as a police officer or firefighter, as the case may be, in such city or town after he completes such university work for as many years as he has been aided by such city or town under this section.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter73Fetched: 10/20/2026