The Vermont Statutes Online

Title 16: Education

Chapter 075: UNIVERSITY OF VERMONT AND STATE AGRICULTURAL COLLEGE

• Subchapter 001: GENERAL PROVISIONS

• § 2281. Annual audit; reports; control of funds

  (a) The books and accounts of the University of Vermont and State Agricultural College shall be audited annually as of June 30 by an independent accounting firm registered in the State of Vermont in accordance with government auditing standards issued by the U.S. Government Accountability Office (GAO). The Auditor of Accounts or his or her designee shall be the State’s nonvoting representative to an audit committee established by the Board.

  (b), (c) [Repealed.]

  (d) Control of funds appropriated and of the work carried on shall be vested in the Board of Trustees of the University of Vermont and State Agricultural College.

  (e) The University of Vermont and State Agricultural College shall provide an accounting service that shall account for the expenditures by divisions.

  (f) Control of funds appropriated shall be vested in the Board of Trustees of the University of Vermont and State Agricultural College. All funds appropriated to the Agricultural College shall be kept in a separate account and shall be audited annually by an independent accounting firm registered in the State of Vermont in accordance with government auditing standards issued by the U.S. Government Accountability Office. (Amended 2007, No. 121 (Adj. Sess.), § 4; 2007, No. 154 (Adj. Sess.), §§ 6, 10; 2009, No. 33, §§ 36, 83(g)(4); 2015, No. 23, § 40.)

• § 2282. Repealed. 2015, No. 172 (Adj. Sess.), § E.600.1.

• § 2282a. Determination of residency for tuition purposes

  [Subsection (a) effective until January 1, 2025; see also subsection (a) effective July 1, 2025 set out below.]

  (a) Enrollment at an institution for higher learning, or presence within the State for the purposes of attending an institution of higher learning, shall not by itself constitute residence for in-state tuition purposes or for the purpose of eligibility for assistance from the Vermont Student Assistance Corporation.

  [Subsection (a) effective July 1, 2025; see also subsection (a) effective until July 1, 2025 set out above.]

  (a) Enrollment at an institution for higher learning, or presence within the State for the purposes of attending an institution of higher learning, shall not by itself constitute residence for in-state tuition purposes or for the purpose of eligibility for assistance from the Vermont Student Assistance Corporation. The Board of Trustees shall adopt policies related to residency for tuition purposes, consistent with State and federal requirements. Any policies adopted by the Board of Trustees shall not discriminate against or exclude a person based solely on the person’s immigration status, or lack thereof, if such person would otherwise qualify for and meet requirements for Vermont residency for tuition purposes as set forth by the Board and as permitted under federal law.

  (b) Any member of the U.S. Armed Forces on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.

  (c) The spouse and dependent child of any person who is a member of the U.S. Armed Forces and stationed in this State pursuant to military orders shall be entitled to be considered, upon taking up a residence in the State, a resident for in-state tuition purposes at the start of the next semester or academic period. The spouse or dependent child shall not lose classification as an in-state student if the spouse or dependent child continues to reside in the State and the member of the U.S. Armed Forces is transferred on military orders or retires. The spouse or dependent child shall lose this classification as an in-state student under this subsection if the spouse or dependent child no longer resides in the State and shall regain this classification upon again taking up a residency in the State only if the member of the U.S. Armed Forces is stationed in this State pursuant to military orders.

  [Subsection (d) effective July 1, 2025.]

  (d) Except as otherwise provided by law, or by consent of the individual identified in the record, information collected pursuant to this section that directly or indirectly identifies applicants or students, including grant, loan, scholarship, or outreach programs, is exempt from public inspection and copying under the Public Records Act and shall be kept confidential. (1971, No. 184 (Adj. Sess.), § 30, eff. March 29, 1972; amended 2003, No. 127 (Adj. Sess.), § 1; 2021, No. 140 (Adj. Sess.), § 6, eff. May 27, 2022; 2023, No. 136 (Adj. Sess.), § 5, eff. July 1, 2025.)

• § 2283. Department of Police Services

  (a) The Board of Trustees may establish a Department of Police Services and authorize the appointment to the Department of police officers and a director of the Department who shall be a police officer. Officers so appointed shall be sworn and shall have all law enforcement powers provided by 24 V.S.A. § 1935. Appointments and oaths shall be in writing and shall be filed with and maintained by the Board of Trustees of the University of Vermont and State Agricultural College. The director shall have free and direct access to the Board of Trustees on matters pertaining to law enforcement.

  (b) An officer appointed pursuant to this section shall have no law enforcement authority until satisfactory completion of a course of training pursuant to 20 V.S.A. chapter 151. The University of Vermont shall have access to training programs offered pursuant to 20 V.S.A. chapter 151 upon the same terms and conditions as municipal police officers. Nothing in this section shall prohibit the Board of Trustees or its duly authorized representative from requiring additional qualification or training as a condition of initial or continuing appointment.

  (c) An officer appointed under authority of this section shall be an employee of the University of Vermont and shall be subject to such terms and conditions of employment as are imposed by the Board of Trustees or its duly authorized representative. An officer so appointed may exercise law enforcement authority only while employed in good standing by the University of Vermont.

  (d) Upon written complaint of misconduct by one or more persons concerning any police officer appointed under this section, the director of the Department shall cause an investigation to be conducted in a manner consistent with the policies and procedures established by the Board of Trustees or its duly authorized representative for such purposes. The complainant may appeal the final action of the department to the President of the University of Vermont, who shall convene an advisory commission consisting of three persons, no more than one of whom has a direct or indirect University affiliation. The advisory commission shall provide advice and counsel to the President in assuring appropriate final disposition of the complaint.

  (e) Without limiting the powers described in subsection (a) of this section, the Department of Police Services may, for the purpose of coordinating effective law enforcement services, enter into any arrangements or agreements with any municipality if deemed necessary or appropriate by the Board of Trustees or its duly authorized representative. (Added 1991, No. 142 (Adj. Sess.); amended 2019, No. 131 (Adj. Sess.), § 95.)

• § 2284. Repealed. 2009, No. 106 (Adj. Sess.), § 2(2), eff. May 13, 2010.

• § 2285. Nonapplicability of certain requirements for payment of wages

  Except as expressly provided in this chapter, the University of Vermont and State Agricultural College and its Board of Trustees, officers, and employees shall not be subject to the provisions of 21 V.S.A. § 342(c) that require written employee authorization before an employer may pay wages through electronic funds transfer or other direct deposit systems to a checking, savings, or other deposit account maintained by the employee within or outside the State. (Added 2015, No. 48, § 4a.)

• Subchapter 002: AGRICULTURAL COLLEGE

• § 2321. Repealed. 2013, No. 56, § 15(4), eff. May 30, 2013.

• § 2322. Repealed. 2007, No. 154 (Adj. Sess.), § 6(11).

• § 2323. Repealed. 2013, No. 56, § 15(4), eff. May 30, 2013.

• § 2324. Repealed. 1981, No. 209 (Adj. Sess.), § 2, eff. Jan. 1, 1984.

• § 2324a. Repealed. 1983, No. 100 (Adj. Sess.), § 2, eff. Dec. 31, 1986.

• §§ 2325-2327. Repealed. 2013, No. 56, § 15(4), eff. May 30, 2013.

• Subchapter 003: COLLEGE OF MEDICINE

• § 2361. Repealed. 2013, No. 56, § 15(5), eff. May 30, 2013.

• § 2362. Repealed. 2005, No. 71, § 271.

• § 2363. Reserve funds

  (a) The University of Vermont and State Agricultural College may create and establish one or more special funds, referred to in this section as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

  (1) any monies appropriated and made available by the State for the purpose of such fund;

  (2) any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the University of Vermont and State Agricultural College authorizing the issuance thereof; and

  (3) any other monies that may be made available to the University of Vermont and State Agricultural College for the purpose of such fund from any other source or sources.

  (b) All monies held in any debt service reserve fund, except as provided in this section, shall be used, as required, solely for the payment of the principal or the purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by such fund or of sinking fund payments with respect to the bonds or notes; provided, however, that monies in any fund shall not be withdrawn at any time in such amount as would reduce the amount of the fund to less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for the fund as hereafter provided, except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by the fund for the payment of which other monies of the University of Vermont and State Agricultural College are not available. Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the University of Vermont and State Agricultural College to the extent that it does not reduce the amount of the fund below the requirement for such fund.

  (c) The University of Vermont and State Agricultural College shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of the bonds or notes the amount in the debt service reserve fund will be less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for the fund, unless the University of Vermont and State Agricultural College at the time of issuance of the bonds or notes shall deposit in the fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in the fund, will not be less than the debt service reserve requirement established for the fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the University of Vermont and State Agricultural College prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed “maximum debt service,” which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then-current or any future fiscal year of the University of Vermont and State Agricultural College, of annual debt service on the bonds and notes of the University of Vermont and State Agricultural College secured or to be secured in whole or in part by the debt service reserve fund.

  (d) In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of the funds shall be invested shall be valued at par if purchased at par or at amortized value, as the term is defined by resolution of the University of Vermont and State Agricultural College, if purchased at other than par.

  (e) In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the University of Vermont and State Agricultural College, there may be appropriated annually and paid to the University of Vermont and State Agricultural College for deposit in each fund the sum as shall be certified by the Chair of the Board of Trustees of the University of Vermont and State Agricultural College to the Governor, the President of the Senate, and the Speaker of the House as is necessary to restore each debt service reserve fund to an amount equal to the debt service reserve requirement for the fund. The Chair shall annually, on or about February 1, make and deliver to the Governor, the President of the Senate, and the Speaker of the House his or her certificate stating the sum required to restore each debt service reserve fund to the amount equal to the debt service reserve requirement for the fund, and the sum so certified may be appropriated and, if appropriated, shall be paid to the University of Vermont and State Agricultural College during the then-current State fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which State funds may be appropriated pursuant to this subsection shall not exceed $66,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the University of Vermont and State Agricultural College in contravention of the Constitution of the United States of America.

  (f) The proceeds of any bonds or notes secured by a debt service reserve fund to which State funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the University of Vermont and State Agricultural College. (Added 2007, No. 200 (Adj. Sess.), § 47; amended 2019, No. 131 (Adj. Sess.), § 96.)