It is an established norm—and the right thing to do—for university Boards of Trustees to delegate decisions on tenure/tenure policy to faculty. It also aligns with national AAUP recommendations on the roles of the faculty and the Board of Trustees in university governance. Here is a very short but representative selection of university policies from Ohio and elsewhere.
Ohio State University: The legislative authority to establish educational and academic policies of the university is vested in the university faculty, subject to the approval of the board of trustees. In this connection, the university faculty shall have the authority, subject to the approval of the board of trustees, to adopt rules to effectuate the educational and academic policies of the university. It shall also act upon all matters of routine faculty business in pursuance of already established university policies and shall recommend to the board of trustees candidates for honorary degrees.
Wright State University: University Faculty: Powers. The legislative authority to establish educational and academic policies of the university is vested in the university faculty, subject to the approval of the president of the university and the Board of Trustees.
Cleveland State University: Faculty Governance: The CSU Board of Trustees/Administration and CSU-AAUP recognize the necessity of faculty participation in the making of academic and educational policies not subject to collective bargaining. The Cleveland State University Board of Trustees/Administration and the CSU-AAUP recognize and affirm the Faculty Senate as the appropriate instrumentality for faculty participation in the governance of the University and fully support an independent and effective Faculty Senate.
University of Toledo: “Tenure” is the right of a member to continuous employment by the University. The award of tenure by the Board shall be selective and conditioned upon positive recommendation through the evaluation process described in Article 9.0. Tenure may only be terminated for just cause, through a reduction in force pursuant to Article 19.0 below, or by reason of retirement.
University of Cincinnati: Tenure/tenure policy decisions are part of collective bargaining agreement
University of Vermont: Under the authority of the Board of Trustees the University of Vermont Faculty Senate is empowered:
1.1 To review and establish policy with respect to the following matters:…
h. Professional standards and criteria for positions accorded academic rank.
1.2 To review, to recommend, and to participate in the formulation of policy with regard to:…
d. Faculty appointment, promotion, tenure, dismissal, leaves, and economic benefits. The Senate shall also participate in decisions regarding the application of these established policies to individual faculty members.
University of Washington: For the purpose of effecting the government of the University under and by the Board of Regents, the President of the University or the President’s designee is authorized to act for the Board of Regents in formulating, prescribing and issuing rules, regulations, and executive orders not inconsistent with the Bylaws, Standing Orders, Regent Policies, and other orders of the Board and applicable state law for the immediate government of the University. In carrying out these duties, the President or the President’s designee shall consult the University faculty and may delegate in whole or in part the responsibility for formulating such rules, regulations, and executive orders to said faculty.
Penn State: Tenure/tenure policy decisions are part of collective bargaining agreement
University of Oregon: Tenure/tenure policy decisions are part of collective bargaining agreement
University of Wisconsin: The faculty is vested with responsibility for the immediate governance of the university, subject to the responsibilities and powers of the chancellor and under other provisions of 36.09, Wisconsin Statutes, and shall actively participate in university policy development. As such, the faculty has primary responsibility for academic and educational activities and for faculty personnel matters.
Faculty members serving on board of trustees: Average nationwide is 1.12 faculty serving on boards of trustees. Miami has none.