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Association of Governing Boards of Universities and Colleges A Centennial History
Copyright 2021, Association of Governing Boards of Universities and Colleges. All rights reserved. Acknowledgements Design BonoTom Studio Editing The following stories appeared in the 2006 compilation: “AGB’s 60th Birthday: “An Unlikely Story” (Part I)”; “AGB…An Unlikely Story (Part II)”; “AGB at 70: From Survival to Service”; and “Growing Pains Lead to Major Accomplishments.” The editing of these was done in 2006 by former AGB Senior Editor Charles S. Clark and the production was done by AGB Publications Editorial Assistant Emily Jacobs. Writing “AGB Celebrates 100 Years” was adapted from an earlier AGB publication with additional writing by Elena Loveland, editor-in-chief of AGB’s Trusteeship magazine. “The Recent History of AGB: 2006–2021” was written by Elena Loveland, editor-in-chief of Trusteeship magazine, and former AGB editorial assistant Madeline Taub. “AGB Today and Tomorrow” was written by Elena Loveland, editor-in-chief of Trusteeship magazine.
Contents
Introduction �������������������������������������������������������������������������������������������������������������������3
AGB Celebrates 100 Years�����������������������������������������������������������������������������������������4
The Dartmouth Decision:������������������������������������������������������������������������������������� 14
Where Trustees Come from and How We Must Lead
AGB’s 60th Birthday: “An Unlikely Story” (Part I) ����������������������������������� 18
AGB…An Unlikely Story (Part II)������������������������������������������������������������������������� 23
AGB at 70: From Survival to Service��������������������������������������������������������������� 29
Growing Pains Lead to Major Accomplishments ��������������������������������� 32
The Recent History of AGB: 2006–2021��������������������������������������������������������� 36
AGB Today and Tomorrow����������������������������������������������������������������������������������� 48
AGB.ORG March 2021 | AGB: A CENTENNIAL HISTORY 1
Introduction
T HE ASSOCIATION OF GOVERNING BOARDS OF UNIVERSITIES AND COLLEGES (AGB) is the only national
organization providing university and college presidents, board chairs, and individual board members of
both public and private institutions and institutionally related foundations with the resources they need
to enhance their effectiveness. College and university chief executives and board leaders are responsible for one
of our nation’s most valuable and time-honored resources: education. In partnership with their governing boards,
chief executives strengthen their institutions and preserve the ideals of excellent and affordable education for cur-
rent and future generations.
The hallmark of this unparalleled system of higher of AGB Reports, marking the association’s 60th anni-
education is autonomy. The work of higher education versary. The second is an article prepared by Peter
governing boards—made up of citizen trustees—has Hartman, then-coordinator of On-Campus Programs
become the model for much of the nonprofit sector. and the Trustee Information Center at AGB, which
Successful board performance is vital to protecting originally was published in the January/February 1991
institutional autonomy and to promoting the rich issue of AGB Reports, marking the association’s 70th
and varied traditions of our colleges and universities. anniversary. The third is a portion of the 2005 AGB
For 100 years, AGB has provided service to boards annual report, the text of which marked the end of the
and higher education leaders. Since 1921, AGB has 13-year AGB presidency of Richard T. Ingram. The
offered programs and resources that provide critical, material overlaps in a few places that treat the same
informed context for higher education as it confronts time periods, though each adds a different selection of
new challenges and opportunities. AGB connects detail. Aside from some modest adjustments made for
board members and institutional leaders to one style consistency, however, the three texts are repro-
another to solve problems, advance best practices, and duced faithfully.
share the latest thinking in governance. Developing To honor AGB’s 100th anniversary, AGB has added
solutions to the contemporary challenges we face in additional articles to this document including the
higher education governance requires the same com- following: a special section of the March/April issue
mitment and enthusiasm we have demonstrated for of Trusteeship magazine “AGB Celebrates 100 Years,”
100 years. which includes a historical timeline of AGB mile-
In recognition of the 100th anniversary year of stones and a short early history of the organization;
the founding of the association, AGB is releasing this an article that appeared in the November/December
special publication compiling the history of AGB. 2019 issue of Trusteeship magazine,
In 2006, AGB re-published three existing histories “The Dartmouth Decision: Where Trustees Come
of the Association of Governing Boards of Univer- from and How We Must Lead” about the monumental
sities and Colleges, which are included in this single court case that solidified the role of trustees in U.S.
publication. The first is a two-part history prepared higher education; and two new articles specifically
by J.L. Zwingle, AGB’s first executive director, and created for this special 100th anniversary publication:
originally published in two parts in the November/ “The Recent History of AGB: 2006–2021” and “AGB
December 1981 and the January/February 1982 issues Today and Tomorrow.”
AGB.ORG March 2021 | AGB: A CENTENNIAL HISTORY 3
Celebrates 100 Years
T HE YEAR 2021 marks an excep-
tional milestone in the history
of the Association of Govern-
ing Boards of Universities and Colleges
(AGB)—the association was officially
among members, and without a salaried staff,
the association’s activities were limited to
annual meetings of its various committees.
Judge Ora Wildermuth, a trustee of Indiana
University and one of AGB’s presidents during
During the 1950s, recurring resolution
topics included pledges of support for pre-
serving the “American way of life” and pre-
paring our colleges and universities to be
leaders in civil defense. At the 1960 annual
founded 100 years ago. The association’s the 1930s, was partial to AGB because “we meeting, it was resolved that the U.S. would
development has evolved to reflect the have no ideals or objectives except to benefit “achieve ultimate victory over communism
changes in higher education’s governance by our contacts with each other.” if we properly educate America’s youth.”
system over the last 100 years. As AGB Some other examples:
celebrates 100 years of service to boards— Voting Delegates “Be it resolved that it is urged that gov-
public and private, institutional and system, At the annual meetings, a quasi-legislative erning boards encourage better organiza-
governing and advisory, and also including tone prevailed, and proposals were voted tion of public information emanating from
institutionally related foundation boards— upon by the “delegates” in attendance. The their administrative offices.”
now is a good time to look at how the asso- delegates did not represent their boards or “Be it resolved that boards of trustees and
ciation has changed with the times. institutions in an official capacity, and the regents stand firmly for recognized courses
resolutions they passed carried no weight in the major fields of general education as
A Short Early History of AGB outside the meetings. necessary parts of preparation for special-
From its founding in 1921 until the early
1960s, the Association of Governing Boards
of Universities and Colleges was a loose
affiliation of board members who took turns
providing leadership and direction necessary
to hold the organization together. The early
organization operated as the Association of
Governing Boards of State Universities and
Allied Institutions, and its membership was
open only to boards of public institutions.
With the purpose of promoting contact
1921 A group of 1923 First annual 1941 The 18th 1942 The
trustees and higher meeting held. Among National Conference Honorable Ora
education leaders the papers presented: is held two months Wildermuth named
meet with the express “What the University before Pearl Harbor. administrative head
goal of establishing Can Do for the State.” Thirty-two member of AGB, transitioning
an organization to boards represented; from an all-volunteer
gather them regularly. presentations organization since its
AGB is formed. included a session founding in 1921.
on how states
finance colleges and
universities.
4 AGB—A BRIEF HISTORY | March 2021
ization, especially in the fields of agriculture, cle I of the AGB AGB’s headquarters were moved
engineering, and their related branches.” constitution at the from Plock’s home in Burling-
Some of AGB’s standing committees in time mandated that “no substantial part of ton, Iowa, to Blue’s in Denver. AGB was
1960 reflected an odd dichotomy of issues: the association’s activities…shall involve incorporated in Colorado in 1960 with the
Space Utilization, Entrance Requirements, the carrying on of propaganda or otherwise purpose of operating “exclusively for educa-
Legislative and Intergovernmental Rela- attempting to influence legislation.” tional, scientific, and charitable purposes.”
tions, Public Relations, Regent Responsibil- AGB’s executive committee then In 1963, the AGB Executive Committee
ity for University Participation in Education resolved to “fight the movement to destroy voted to move the association’s headquarters
Abroad, Scholarship and Tuition Studies, local governance of higher education, elect to Washington, D.C. AGB President and
and Television in Higher Education. a few leaders in each state who understand Texas A&M Regent John Newton said, “We
Members were concerned about the higher education, and will be willing to believe that the growth of AGB during the
movement to consolidate existing insti- fight for it in the state legislatures.” past few years has brought the association
tutionally based governing boards into to the point that it can take its place with
statewide boards. AGB’s Committee on New Headquarters leading education agencies and organiza-
Legislation and Intergovernmental Rela- Following the death of AGB secretary and tions in our nation’s capital.” He cited three
tions resolved that the trend was “inimical Iowa State Board of Education member advantages in moving to D.C.: the presence
to the best interest of higher education.” Richard Plock in 1959, University of Col- of federal agencies concerned with higher
Members vowed to go “directly to highly orado Regent Virginia Blue assumed the education, many leading higher education
placed officers of government to explain newly created position of executive direc- agencies, and the executive offices of numer-
and justify our mission,” even though Arti- tor. With membership at a new high of 76, ous philanthropic foundations.
1949 Richard Plock, 1951 AGB marks 1952 Papers presented at the National 1959 Virginia Blue 1964 AGB launches
board secretary– 30 years of service; Conference include: “Proper Relationship named AGB executive AGB Press and
treasurer becomes a Grayson Kirk, acting Between Governing Boards and Administrative director. releases its first
part-time executive president of Columbia Officers of Colleges and Universities,” by Arthur book, Handbook for
for AGB. University, speaks Adams, president of the American Council on 1963 J.L. Zwingle College and University
at the national Education; “Academic Tenure,” by Dr. Ralph named AGB executive Regents.
conference on Himstead, American Association of University director.
“Education for Professors, and “Education Television.” 1966 AGB’s Board
Citizenship.” of Directors creates
the AGB Council of
Presidents.
AGB.ORG March 2021 | AGB—A BRIEF HISTORY 5
At the same time, committee members financial burden” on the Methodist Church priority. Zwingle, however, encountered “the voted to relocate in Washington, D.C., a and was turned over to the state of Alabama. disturbing cynicism about the value of the lay proposal to open AGB membership to Athens State College enrolls 2,100 students. board at any level of education, but particu- boards of independent institutions was After receiving a $75,000 grant from larly higher education. According to Zwingle, voted down. Soon after, it was pointed the Carnegie Corporation, AGB made the the feeling among colleagues was that “the out that the Carnegie Corporation “might move to D.C., and J.L. Zwingle, a vice pres- concept of lay trusteeship is fundamentally be more interested” in assisting AGB if it ident at Cornell University, became AGB’s sound, but it is better not to make much of it.” changed its membership policy. A unan- executive vice president. Initial efforts to establish cooperative imous vote to open membership to inde- programs with other higher education pendent institutions followed. Building Optimism associations were unsuccessful. In a meet- To quell concerns that boards of inde- The early 1960s stand out as an especially ing with American Council on Education pendent institutions would in time “dom- significant period in AGB history. It was (ACE) President Logal Wilson, Zwingle inate” the association, it was agreed that a time when the association’s continued outlined ways ACE could help “in a great only six of the 15 executive committee slots existence was in doubt, but with the help new venture,” but he was told he was on his be made available to them. of foundation money, membership and own. The next issue of AGB Reports nev- Ironically, AGB’s first member from productivity blossomed. ertheless announced that Wilson and ACE the independent sector, Athens College in Building legitimacy for AGB with Wash- “look forward to close cooperation with Athens, Alabama, soon became “too big of a ington’s higher education community was a AGB and Dr. Zwingle…” 1966 The Association of Governing Boards of Universities and Colleges (AGB) joins the American Council on Education (ACE) in 1973 Robert L. Gale the formulation of the American Association of University Professors’ (AAUP) Statement on Government of Colleges and Universities becomes president and “commends” the statement to AGB members. This statement was jointly formulated by AAUP, ACE, and AGB. In October 1966, of AGB. the board of directors of the ACE took action by which its council “recognizes the statement as a significant step forward in the clarification of the respective roles of governing boards, faculties, and administrations,” and “commends it to the institutions 1974 The Trustee which are members of the Council.” The Council of the AAUP adopted the statement in October 1966, and the 53rd Annual Meeting Information endorsed it in April 1967. In November 1966, the executive committee of the AGB took action by which that organization also Clearinghouse and “recognizes the statement as a significant step forward in the clarification of the respective roles of governing boards, faculties, and library on academic administrations,” and “commends it to the governing boards which are members of the Association.” (In April 1990, the Council of governance are the AAUP adopted several changes in language in order to remove gender-specific references from the original text.) created at AGB. 6 AGB: A CENTENNIAL HISTORY | March 2021
AGB Board Chairs Since 2009
2009–2010 Honorable Cynthia A. Baldwin/Duquesne University
2010–2011 James M. Weaver/Gettysburg College
2011–2012 James M. Weaver/Gettysburg College
The speeches and debates held at annual
2012–2013 Honorable James E. Geringer/Western Governors University
meetings and reprinted in the newsletter
in the early 1960s were vague and ceremo- 2013–2014 Honorable James E. Geringer/Western Governors University
nious, lacking much practical information
board members could use to formulate 2014–2015 Yvonne R. Jackson/Simmons College
effective policies for their institutions. 2015–2016 Yvonne R. Jackson/Simmons College
Reports chronicled, at great length,
appointments to the various committees 2016–2017 David W. Miles/Drake University
and the social activities of members. If 2017–2018 David W. Miles/Drake University
AGB was to survive and become a viable
organization a “seriousness of purpose” 2018–2019 David W. Miles/Drake University
needed to supplant the “reunion atmo-
2019–2020 Shauna Ryder Diggs/University of Michigan
sphere” of AGB’s activities.
The stony reaction AGB received in the 2020–2021 Shauna Ryder Diggs/University of Michigan
nation’s capital produced little optimism for
the association’s future. Zwingle asked the AGB Presidents and CEOs
executive committee if he should “plan an 1921–1942 Volunteer–based organization
orderly demise or wait for the sheriff.”
1942–1949 Honorable Ora Wildermuth
Helping Trustees Richard Plock, Board Secretary–Treasurer
A step toward becoming an educational 1949–1959
(part–time executive)
resource for trustees was taken with the
1959–1964 Virginia Blue (Executive Director)
development of the “School for Regents”
in 1961. AGB promised the “school” would 1963–1973 J.L. Zwingle (Executive Director)
offer a wealth of practical advice with par-
ticipants’ “own interest.” The four program 1973–1992 Robert L. Gale (President)
sessions included fiscal and legislative mat- 1992–2005 Richard T. “Tom” Ingram
ters, administrative responsibilities, aca-
demic responsibilities, and public relations. 2005–2019 Richard D. Legon
A significant shift in the association’s 2019–Present Henry V. Stoever
approach was about to occur. Zwingle and
1976 AGB launches 1979 AGB launches 1980 The 1982 The Nature of 1984 Presidents 1985 AGB holds
a project on new its Presidential Search Distinguished Service Trusteeship: The Role Make a Difference, the first Institute
campus financial Consultation Service. Award is established; and Responsibilities of a report on a three- for Board Chairs
strategies. it is given annually College and University year study of how and Presidents
to a board member Boards, by John Nason, trustees can help of Independent
1977 The first board from a public and is published. strengthen academic Institutions,
self-study workshop is an independent presidents chaired by AGB’s longest-
conducted by AGB. institution. former University of running activity
California president for independent
Clark Kerr. institutions.
AGB.ORG March 2021 | AGB: A CENTENNIAL HISTORY 7
others realized that people were not really “the world of American higher education
interested in AGB as an organization; looks to this association with new hope
rather, they wanted information that was and expectancy.”
not available elsewhere. The gatherings
of “delegates” became “conferences” and Activism Spurs Service
“workshops.” A calculated movement away AGB’s emergence among higher education
from being an organization of trustees and association coincided with the growth of activ-
toward becoming an organization for trust- ism on America’s campuses. Trustees were
ees was afoot. under scrutiny as never before, and a forum to
AGB’s first published book, Handbook exchange information on how to respond to
for College and University Regents, was these new challenges was in demand.
released in 1964. Its intent was to “serve as a Attendance at the annual meetings grew,
stimulus to all board members to ferret out as did membership. Campus unrest became
and verbalize the policies and practices of the central focus of the association’s activi-
their board and institution.” The handbook ties through the 1970s. From 1966 to 1970,
described meeting formats and agendas and annual meeting themes included: “The
discussed the board’s role in academic, finan- day announced that for AGB “the door was Changing Student Mood,” “Crisis on the
cial, and student affairs, as well as athletics. opened for a more autonomous, more use- Campus: Import for Governance,” “Bound-
At the 1964 annual meeting, University ful, and more productive and significant aries of Academic Freedom,” and “The
of North Carolina President William Fri- possibility of service.” He proclaimed that Trustee Role in Stabilizing the Campus.”
1988 AGB drives 1992 Richard 1996 AGB 2001 The AGB 2004 AGB relaunches John W. Nason Award
the creation of a new T. “Tom” Ingram convenes a National board approves the for Trusteeship; Distinguished Service Award
organization, the becomes AGB Commission on the statement Governing is discontinued (47 trustees have received DSA
National Center for president and CEO. Academic Presidency. in the Public Trust: between 1980–2003). The Nason Award will be
Nonprofit Boards (now External Influences given to any board, institution, organization,
BoardSource), with 1993 Trusteeship 1998 The AGB Board on Colleges and government body, or individual demonstrating
Independent Sector as magazine launches. of Directors releases Universities. the following: (1) exceptional leadership and
a partner. the AGB Statement initiative, (2) distinctive scholarly contributions
1996 AGB’s on Institutional 2003 The publishing that have made a difference in strengthening
1989 The Foundation Forum, Governance. of Strategic Leadership the institution of citizen trusteeship in
Guardians, a landmark in Academic Affairs higher education, (3) unusual courage in the
convening foundation
face of adversity or heroic achievement in a
study of what leaders and board 2000 Center for culminates two-year
governing boards do project on boards’ challenging situation or for an endeavor that
members, is held for Public Trusteeship
and how well they responsibilities for greatly benefited a college or university and its
the first time. and Governance
do it, written by Clark academic affairs. community in a way that serves as a model for
is established to
Kerr and Marian L. other boards to emulate.
strengthen ties
Gade, is published. between higher 2004 AGB
It becomes AGB’s all- education and state Benchmarking Service
time best seller. governments. is launched. AGB
publishes Endowment
Management: A
Practical Guide.
8 AGB: A CENTENNIAL HISTORY | March 2021AGB Vision, Mission, and Values
Vision Values
College, university, and
■ Dedication to the
foundation board members development of the
are indispensable, strategic institution of citizen
partners with institutions trusteeship in higher
to fulfill their unique education
commitments to society,
■ Responsive and high-
advance student success
quality service to its
and well-being, and enhance members
institutional vitality.
■ Respect for members
Mission and colleagues in
AGB empowers college, all interactions and
transactions
university, and foundation
boards and board members ■ Collaboration within
to govern with knowledge AGB and with other
and confidence, providing organizations
guidance and thought ■ Adherence to the highest
leadership through expert ethical, legal, and moral
services and resources. standards in all of its
work
2005 Richard D. 2006 AGB launches 2007 The AGB Board 2009 The AGB Board 2009 AGB releases 2010 AGB Search,
Legon becomes AGB “The Cost Project” to of Directors releases of Directors releases the Illustrative Policy LLC, a search
president and CEO. engage the issues of its Statement on the Statement on on Intercollegiate firm dedicated to
cost and pricing. The Board Accountability, Conflict of Interest, Athletics for Boards conducting searches
2006 AGB’s best- project results in four which clarifies the which contains 12 and Presidents, for college and
selling Making the key papers addressing expectations for principles for boards providing specific university presidents,
Grade, also referred to strengthening board boards and trustees in to consider in writing policy guidance system heads, CEOs of
as “AGB’s Little Yellow capacity for financial areas including fiscal their conflict policies. to boards and coordinating boards
Book,” is published. oversight, and leads integrity, presidential academic leaders and institutionally
to AGB’s work in compensation and 2009 AGB conducts on the oversight related foundations,
strategic finance. assessment, board responsibilities and other senior
2006 The wide-ranging survey
performance, and of higher education for intercollegiate higher education
Leadership Imperative
report from the 2006 AGB educational quality. governance practices athletics. positions, brings
establishes its and policies, from AGB back into the
AGB Task Force
on the State of Board Education & 2008 Sounding trustee assessment executive search
Consulting Service Boards: Advisory to presidential business.
the Presidency in
American Higher (BECS). BECS evolved Councils in Higher compensation.
Education is released, to become AGB Education is
advocating that Consulting to offer published.
presidents and boards a broader range of
work together as customized member
partners in leadership. services.
AGB.ORG March 2021 | AGB: A CENTENNIAL HISTORY 9Board members were urged to redefine nationwide survey of the composition and
the purposes and goals of their institutions characteristics of governing boards.
to help “nurture academic freedom and The momentum created by the Lilly
repel the attacks of society on academic grant continues today. By the early 1990s,
institutions.” virtually all of AGB’s available publica-
Following Zwingle’s retirement in 1973, tions at that time were produced during
Robert L. Gale, a former Carleton College the 1980s. Other products of the 1980s
vice president and Peace Corps official, included the establishment of AGB’s Office
was appointed president of AGB. At the of Public Policy, the Institute for Trustee
same time, a four-year grant in excess of $1 Leadership, the National Center for Non-
million arrived from the Lilly Endowment. profit Boards, which is now named Board-
New programs and publications increased, Source—a now-independent organization
and the association blossomed. for trustees of nonprofit organizations—and
The centerpiece of the Lilly-funded numerous workshops, seminars, and panels.
effort was the development of the Until the 1960s, the public took little
Board-Mentor Program, a board self-as- interest in academic trusteeship, and little
sessment workshop utilized by more than selection, and presidential assessment; was written or known about the subject.
350 boards. Other important projects filmstrip on tenure, budgeting, and fund- The enormous jump in college and univer-
of the 1970s included the studies on the raising; and publications on many other sity enrollment as the Baby Boom gener-
board’s role in financial affairs, presidential important topics, as well as the first-ever ation reached adulthood and the activism
2010 Report on 2013 After AGB’s 2013 AGB 2014 AGB releases 2017 AGB launches the “Guardians Initiative”
how boards oversee successful three- establishes the the report, Top in an effort to combat the public’s skepticism
educational quality year campaign, the National Commission Strategic Issues Facing towards the value of higher education.
is released, as part U.S. Securities and on College and HBCUs, Now and into
of a larger project Exchange Commission University Board the Future. 2017 AGB issues a statement in response to
on Governance for (SEC) decided to Governance, which President Trump’s decision to rescind Deferred
Student Success. exempt college and calls for improvements 2014 AGB creates Action for Childhood Arrivals (DACA). AGB
university board to the oversight AGB University, an emphasized the negative impacts rescinding
2011 AGB celebrates members from function of trustees, online guide to good this program would have for many students and
90 years of service the commission's which culminates governance to provide urged President Trump’s administration to find a
to higher education oversight rules that in the publication, on-the-go resources more permanent solution.
governing boards and changed the definition Consequential Boards: for the digital age.
of a “municipal Adding Value Where It
academic leaders. 2017 Trusteeship Radio, a podcast series, is
advisor.” Matters Most.
2015 AGB publishes launched (now podcasts have been renamed as
2011 AGB released its Board of Directors’ simply “podcasts” without the former moniker).
the report, Front and 2013 AGB expands 2014 AGB is Statement on the
Center, calling for the its services to awarded an 18-month Fiduciary Duties of
federal government presidents in order grant from Lumina Governing Board
to rethink its role in to strengthen the Foundation to advance Members.
higher education and partnership between its work on student
put more emphasis on boards and presidents. success at public
support for student aid. institutions.
10 AGB: A CENTENNIAL HISTORY | March 20212018 AGB releases 2019 AGB publishes 2020 The digital edition of Trusteeship 2020 AGB launches 2021 AGB celebrates
the 2018 Trustee the report Reclaiming magazine launches to complement the print the Justice, Diversity, 100 years as an
Index, Affordability Higher Education’s edition and text-only articles on the AGB website. Equity, and Inclusion association serving
and Value: The Leadership in Support (JDE&I) Initiative university and college
Governance Lens, of Civil Education. 2020 AGB releases the AGB 2020 Trustee in response to the presidents, board
the second of three Index: Concern Deepens for the Future of national protests chairs, and individual
survey reports on 2019 Henry V. Higher Education, the last of three survey over racial injustice board members
board members’ views Stoever named AGB reports on board members’ view on the most that exposed the of both public and
on the most pressing president and CEO. pressing issues facing higher education and the systemic inequities private higher
issues facing higher institutions they serve, conducted with support on campuses and in education institutions
education and the broader communities. and institutionally
2020 AGB rebrands, from the Bill & Melinda Gates Foundation and in
institutions they collaboration with Gallup, Inc. related foundations
releases a new logo,
serve, conducted with
and launches its 2021 AGB publishes with the resources
support from the they need to enhance
digital-first publishing 2020 AGB publishes The Urgency of Now: The Principles of
Bill & Melinda Gates Trusteeship. their effectiveness.
strategy, which HBCUs at a Crossroads, concluding a multiyear
Foundation and in
involves digitizing project, “Initiative for Strengthening HBCU
collaboration with
books and launching a Governance and Leadership,” with support from
Gallup, Inc.
new website. the Kresge Foundation.
2020 AGB offers its first virtual National
Conference on Trusteeship.
AGB.ORG March 2021 | AGB: A CENTENNIAL HISTORY 11during the Vietnam era increased the expo- such an organization. One could say that formed had AGB dissolved before the
sure of college and university management AGB’s survival and subsequent explosion 1960s. Because AGB was an organiza-
and the public’s interest in it. of activity is attributable to the emergence tion of volunteers, not professionals, it is
It could be considered luck that a few of controversy and accountability in college entirely possible that the development of
committed individuals managed to hold and university governance. programs and research on lay governance
AGB together until board members and It is difficult to say whether an orga- may have ended up dispersed among the
presidents needed or wanted to be part of nization like AGB ever would have been sector-based higher education associations.
Decade by Decade U.S. Higher Ed Stats
HISTORIC DATA ON AMERICAN HIGHER EDUCATION OVER FIVE DECADES
Academic Year 1919–1920 Academic Year 1939–1940 Academic Year 1959–1960
Institutions 1,041 Institutions 1,708 Institutions: 2,004
Faculty 48,615 Faculty 146,929 Faculty 380,554
Total Fall Enrollment 597,880 Total Fall Enrollment 1,494,203 Total Fall Enrollment 3,639,847
Bachelor’s Degrees 48,622 Bachelor’s Degrees 186,500 Bachelor’s Degrees: 392,440
Master’s Degrees 4,279 Master’s Degrees 26,731 Master’s Degrees 74,435
Doctoral Degrees 615 Doctoral Degrees 3,290 Doctoral Degrees 9,829
Academic Year 1929–1930 Academic Year 1949–1950 Academic Year 1969–1970
Institutions 1,049 Institutions 1,851 Institutions 2,525
Faculty 82,386 Faculty 246,722 Faculty 450,000
Total Fall Enrollment 1,100,737 Total Fall Enrollment 2,444,900 Total Fall Enrollment 8,004,660
Bachelor’s Degrees 122,484 Bachelor’s Degrees 432,058 Bachelor’s Degrees 792,316
Master’s Degrees 14,969 Master’s Degrees 58,183 Master’s Degrees 213,589
Doctoral Degrees 2,299 Doctoral Degrees 6,420 Doctoral Degrees 59,486
12 AGB: A CENTENNIAL HISTORY | March 2021AGB by the Numbers 2021
210 1,900
ATTENDEES
at the virtual 2020 National
Conference on Trusteeship
Institutionally Colleges and
Year of AGB’s
founding
related foundations
represented
by AGB
731 universities
represented
by AGB
1,256
Boards represented
165
40,000
by AGB Institutions served by
AGB Consulting in 2019–2020
961
Individuals served by AGB
ATTENDEES
at the virtual 2021 Foundation Forum
Academic Year 1979–1980 Academic Year 1999–2000 Academic Year 2020–2021*
Institutions 3,152 Institutions 4,084 Institutions --
Faculty 675,000 Faculty 1,027,830 Faculty --
Total Fall Enrollment 11,569,899 Total Fall Enrollment 14,791,224 Total Fall Enrollment 19,744,000
Bachelor’s Degrees 929,417 Bachelor’s Degrees 1,237,875 Bachelor’s Degrees 1,998,000
Master’s Degrees 305,196 Master’s Degrees 463,185 Master’s Degrees 833,000
Doctoral Degrees 95,631 Doctoral Degrees 118,736 Doctoral Degrees 187,000
Academic Year 1989–1990 Academic Year 2009–2010 *Projected data (not all data available)
Institutions 3,535 Institutions 4,495 EDITOR’S NOTE: Selected Higher Education
Faculty 824,220 Faculty 1,439,074 Statistics (NCES Digest of Education
Statistics Table 301.20, Table 303.10,
Total Fall Enrollment 13,538,560 Total Fall Enrollment 20,313,594
Table 318.10)
Bachelor’s Degrees 1,051,344 Bachelor’s Degrees 1,649,919
Master’s Degrees 330,152 Master’s Degrees 693,313
Doctoral Degrees 103,508 Doctoral Degrees 158,590
AGB.ORG March 2021 | AGB: A CENTENNIAL HISTORY 13The Dartmouth Decision
Where Trustees Come From and How We Must Lead
BY ANDREW LOUNDER
T HE AMERICAN SYSTEM of college and university governance emerged from colo- at length consider these institutions
as their own—will overlook the great
nial roots, reflecting both early experience and the clear imprint of a burgeoning
purposes for which their powers were
democracy. Colonies, the Crown and later states, chartered boards to engage in a
originally given, and will exercise them
remarkable degree of self-regulation in guiding early institutions of higher learning. Such
only to gratify their own private views
empowerment made for inevitable conflicts that would eventually reach the courts. and wishes, or to promote the narrow
purposes of a sect or a party.
So it was that in the Dartmouth Col- and universities in the United States, gov-
lege case of 1819, the U.S. Supreme Court erned by some 50,000 trustees. Beyond the Two centuries later, trustees in the pub-
affirmed not only the general sanctity of a courtroom drama, political maneuvering, lic and private sectors approach the idea of
contract but very specifically the autonomy and campus hijinks, the case and the events college and university governance largely
of an independent college board to govern that led to the historic Dartmouth deci- along different lines. On the public side,
an institution as a chartered corporate sion are worth reflection by contemporary trustees’ authority and independence is
entity. That judgment ensured the inde- trustees. too often contested—much as in the Dart-
pendence of both public and private insti- mouth case—by the state’s elected officials.
tutions and shaped the course of American Public Leadership If Chief Justice Richardson had lived to
higher education governance.1 The deci- In his 1817 opinion New Hampshire Supe- observe the partisan rancor in which many
sion of the U.S. Supreme Court in Trust- rior Court Chief Justice William Richard- of the nation’s public institutions have been
ees of Dartmouth College v. William H. son noted: caught up, he may have been shocked by
Woodward (1819) confirmed that boards of history’s sense of irony. A four-term gover-
The education of the rising generation is
trustees bore the ultimate fiduciary respon- a matter of highest public concern and nor once advised AGB: “Governors should
sibility for institutions of higher education. is worthy of the best attention of every appoint ‘the big people’ [to university gov-
That legal precedent contributed to the legislature. But make the trustees inde- erning boards],” those capable of taking a
development of what is today more than pendent and they will ultimately forget call from an elected official, hearing that
4,500 public and private nonprofit colleges that their office is a public trust—will person’s ideas, and respectfully reserving
judgment. Independent judgment is essen-
tial to a board member’s legal fiduciary
Dartmouth Hall,
Dartmouth College Campus, duty, and that kind of public leadership is
Hanover, New Hampshire
being tested.
Private colleges and universities are also
established, regulated, and taxed (or tax-
exempt) in accordance with public purposes.
too. Today, as many private boards face
weighty decisions about institutional vitality,
they must likewise revitalize discussions
about the beneficiaries the institution means
SHUTTERSTOCK/ VAN HART
to serve and the benefits they will convey.
Private boards can choose whether and how
to respond to needs of states, but effective
direction of their institutions goes beyond
14 AGB: A CENTENNIAL HISTORY | March 2021How the Trustees of Dartmouth College v. William
balanced budgets alone and requires they not
“forget that their office is a public trust.” H. Woodward Decision Shaped the Heritage of
Courageous Leadership
American Governing Boards
The Dartmouth College trustees risked their Two hundred years ago, a Supreme Court decision established the
reputations and their fortunes when they chal- legal precedent for governing boards of colleges and universities.
Trusteeship magazine is honoring the 200-year anniversary with a
lenged the state’s takeover of the college. Histor-
timeline of events leading up to this monumental case that established
ical accounts suggest their efforts were deeply
that governing boards would bear the ultimate fiduciary responsibility
unpopular, not only because of widely distrib-
for institutions of higher education.
uted propaganda, but because the government
they confronted had swept in on a populist Timeline of events (adapted largely from the “Will to Resist: The Dartmouth College
platform. Today, much is required for boards Case” by Richard W. Morin, 1969, Dartmouth Alumni Magazine):
to be effective—curiosity, judgment, restraint,
1769 Dartmouth College is chartered 1815 May: President Wheelock
diligence, independence—and none of it matters
under the authority of King George III, anonymously publishes an 88-page
absent the courage to act. with oversight by a board of 12 trustees, treatise alleging sweeping malfeasance
In closing arguments, Daniel Webster including the college president. by the Dartmouth College board:
famously turned to U.S. Supreme Court Chief “Sketches of the History of Dartmouth
Justice John Marshall, pleading: 1779 Upon his death, founding College and Moor’s Charity School
president Eleazar Wheelock bequeaths with a Particular Account of Some Late
Sir, you may destroy this little institution; it the presidency of Dartmouth College to Remarkable Proceedings from the Year
is weak, it is in your hands! I know it is one son John Wheelock. 1779 to the Year 1815.” He coordinates
of the lesser lights in the literary horizon of
with a prospective faculty member, whose
our country. You may put it out! But if you do 1804–1811 Tension mounts between hire was rejected by the board in 1811,
so, you must carry through your work! You President Wheelock and local church
to anonymously publish a confirmatory
must extinguish, one after another, all those members. A new generation of Dartmouth
account. Key among the published
great lights of science which for more than a trustees becomes increasingly frustrated
allegations: the board holds itself
century have thrown their radiance over our by the situation.
“unamenable to a higher power,” making
land!2
1811 The Board of Trustees takes several itself “an independent government in an
When Webster spoke these words, no one independent state.”
split votes (7-3) formally opposing key
could not have known that their effect would actions, policies, and positions taken by
be to facilitate the proliferation of more than President Wheelock, noting they had
1815 May: President Wheelock quickly
4,600 public and private nonprofit colleges writes to the state legislature to confirm
“long labored to restore the harmony
the allegations published anonymously
and universities today—a sector that, despite which formerly prevailed” at the college,
and invite an investigation of Dartmouth
imperfections, remains an indispensable and expressing “apprehension that if
College governance. Key among his
engine for American prosperity and influence the present state of things is suffered to
assertions is that the board is pursuing a
around the world. This is a special legacy of remain…the College will be essentially
partisan educational program (note: most
trusteeship in the United States, one of convic- injured.”
board members—including Wheelock
tion, commitment, and great courage. himself—are Federalists, whereas the
1814 The Board of Trustees votes and
1. The beginning of this article to this point is from resolves that President Wheelock will not state’s legislature and governor’s office
Effective Governing Boards: A Guide for Members participate in the final oral examinations are controlled by the Republican party).
of Governing Boards of Independent Colleges and
of the senior class. Incensed, President
Universities, Association of Governing Boards of
Wheelock proposes a board resolution
1815 June: The state legislature forms
Universities and Colleges, 2010. a committee “to investigate the concerns
that would invite an investigation “into
2. https://www.dartmouth.edu/~dwebster/speeches/ of Dartmouth College… and the acts and
dartmouth-peroration.html the situation and circumstances” of
proceedings of the Trustees […].”
the college by the state legislature. The
Andrew Lounder, PhD, is AGB’s director of programs and resolution predictably fails.
a trustee of Wheaton College in Massachusetts.
AGB.ORG March 2021 | AGB: A CENTENNIAL HISTORY 151815 August: President Wheelock 1816 August: The board of Dartmouth 1817 February: The Dartmouth University
requests the representation of prominent College (all except one member—President board holds its first meeting, away from
New Hampshire lawyer and college Wheelock’s nephew and board treasurer, campus, in the state capital. The board
alumnus Daniel Webster on his behalf William Woodward) meets on campus, votes to remove from their positions:
during the proceedings of the investigative simultaneous to the inaugural meeting President Brown, all trustees siding with
committee. Webster fails to respond, and of the Dartmouth University Trustees Dartmouth College, and two noncompliant
when an ally of President Wheelock writes nearby. Without the Dartmouth College faculty members. The presidency of
to chastise him, he responds: “I am not board members the Dartmouth University Dartmouth University is conferred upon
quite so fully convinced as you are that board, chaired by Governor William Plumer former president Wheelock’s son-in-law,
the president is altogether right and the himself, fails to assemble a quorum. The William Allen. The board further empowers
trustees altogether wrong.” Dartmouth College board further resolves three of its members as university
and conveys to those assembled on behalf “superintendents” and charges them to
1815 August: Following the conclusion of of Dartmouth University: “We the Trustees “take possession” of university buildings.
the legislature’s investigative committee of Dartmouth College do not accept the
hearing on campus, the board of trustees provisions of an act of Legislature of New 1817 April: Former president Wheelock
accepts the report of its own investigative Hampshire… but do hereby expressly refuse dies, bequeathing to Dartmouth University
subcommittee that President Wheelock is to act under the same.” a gift of land of suitable value to support
behind the anonymous publications, and the salaries of a president and multiple new
it calls him to account. Wheelock asserts 1816 November: New legislation passes faculty.
the board has no jurisdiction during the effectively reducing the size of a quorum to
legislative investigation and refuses to nine members of the Dartmouth University 1817 August: Dartmouth College and
meet with the board. The board votes 8-2 to board. Dartmouth University hold commencement
remove President Wheelock from office. exercises on the same day, in accordance
1816 December: New legislation passes with the college’s original bylaws. A
1815 September: The Dartmouth College effectively making each Dartmouth College group of roughly 60 individuals armed
Board of Trustees meets to inaugurate trustee and faculty member liable for a with clubs and rocks (college students
Francis Brown as the third president of $500 fine for each and every action taken on and others) occupy the building in which
Dartmouth College. The only trustees in behalf of the institution (such as a vote of commencement ceremonies are typically
attendance are those who voted to remove the board, or the teaching of a class). held. The Dartmouth University exercises
President Wheelock. are relocated to another building.
1817 January: Hamilton College attempts
1816 June: Legislation is signed into to hire away President Brown at twice his 1817 September: The first substantive
law to amend the original royal charter of Dartmouth College salary. He declines. Superior Court hearing in Dartmouth v.
Dartmouth College to: increase the number Woodward takes place, featuring eminent
of college trustees from 12 to 21; create a 1817 February: The Dartmouth College national figures as legal counsel on both
25-member board of overseers, made up of board files suit against former board sides. All three justices hearing the case had
state officials, with veto authority over the treasurer William Woodward (former been appointed in 1816 by Governor William
board of trustees; and change the name of president Wheelock’s nephew) for the Plumer, a leading advocate of Dartmouth
the institution to Dartmouth University. return of the college’s charter, seal, University. Dartmouth College asserts three
account books, and other materials. The central points:
case proceeds immediately to the New ■ The college is chartered as a private
Hampshire Superior Court, bypassing corporation legally independent from
the lower Court of Common Pleas, where control by the state legislature;
Woodward is a sitting judge. ■ The state legislature failed to follow due
process in the seizure of private property;
and
16 AGB: A CENTENNIAL HISTORY | March 2021■ Since the college charter is a contract, 1817 November: Fearful that Dartmouth 1818 August: Having received reports
the legislature’s actions violate the U.S. College agents were absconding with not only that the college’s counsel was
Constitution, which expressly precludes books, three Dartmouth University masterful but that their own arguments
states from passing laws that interfere faculty members lead a group of about were poorly delivered, the Dartmouth
with contractual obligations. 20 university supporters to force their University board changes counsel, hiring
way into the library with an axe. Perhaps former U.S. Attorney General William
The defense contends:
hoping to remove important books to a Pinkney. A strategy is hatched to reopen
■ Dartmouth College was chartered as
more secure location, the group is met arguments before the U.S. Supreme Court at
a public corporation and is therefore
upon its exit by about 150 students and the start of the next term.
subject to legislative control (citing
friends of Dartmouth College, according to
the charter itself that the college was 1818 August: Dartmouth College,
one student’s report. University agents are
established: “…that the best means of graduating 26 seniors, holds
allowed to leave unharmed but without any
education be established in our province commencement exercises one week early.
books.
of New Hampshire for the benefit of said Dartmouth University graduates six.
province.”); 1817 November: Alumnus Daniel Webster Confrontation is avoided.
■ Even if the college was a private agrees to petition the U.S. Supreme Court
corporation the legislature’s authority of on behalf of the Dartmouth College Board 1819 February: Early on the second day
eminent domain would apply; and of Trustees. of the new term, precluding the question
■ The college’s original charter, from the of fresh arguments, U.S. Supreme Court
British monarch, is not protected by the 1818 March: The U.S. Supreme Court Chief Justice John Marshall delivers a 5-1
U.S. Constitution. hears arguments in Trustees of Dartmouth majority opinion in favor of the plaintiff,
College v. William H. Woodward. At dispute, affirming: 1) Dartmouth College is a
1817 November: The New Hampshire now, is the singular issue as to whether the private corporation, 2) the Dartmouth
Superior Court finds for the defense, college charter comprises a contract under College charter is effectively a contract
affirming Dartmouth College was a public the U.S. Constitution, and whose obligations protected by the U.S. Constitution, and 3)
corporation subject to direct legislative were abrogated by the New Hampshire the Dartmouth University legislation “is
control. Chief Justice Richardson expounds: legislature. Daniel Webster’s impassioned subversive of the contract on the faith of
“The education of the rising generation arguments include a concern that would, which the donors’ property was given.”
is a matter of highest public concern and in years to come, similarly shape an The Chief Justice adds:
is worthy of the best attention of every American tradition of autonomous board
legislature. […] But make the trustees “It is probable that no man ever will be
responsibility for public universities:
independent and they will ultimately forget the founder of a college, believing at
that their office is a public trust—will at “[This case] affects not this college only, the time that an act of incorporation
length consider these institutions as their but every college, and all the literary constitutes no security for the institution;
own—will overlook the great purposes institutions of the country. They have believing that it is immediately to be
for which their powers were originally flourished, hitherto, and have become in deemed a public institution, whose funds
given, and will exercise them only to gratify a high degree respectable and useful to are to be governed and applied, not by
their own private views and wishes, or to the community. They have all a common the will of the donor, but by the will of
promote the narrow purposes of a sect or a principle of existence, the inviolability the legislature.”
party.” of their charters. It will be a dangerous,
a most dangerous experiment, to hold 1819 February: It takes six days for news
these institutions subject to the rise of the victory to reach Dartmouth College.
and fall of popular parties and the Students celebrate by ringing bells, firing
fluctuations of political opinions.” cannons, and lighting bonfires.
1819 March: Dartmouth University
suspends operation. Most students transfer
their enrollment to Dartmouth College.
AGB.ORG
HOOD MUSEUM OF ART, DARTMOUTH: GIFT OF THE ESTATE OF HENRY N. TEAGUE, CLASS OF 1900 March 2021 | AGB: A CENTENNIAL HISTORY 17AGB’s 60th Birthday
“An Unlikely Story” (Part I)
BY J.L. ZWINGLE, 1981
I
t is an unlikely story. AGB in 1981 quietly acknowledging its 60th anni- of the committee was held at
versary. Can it be true? AGB is still a newcomer among the recognized the University Club of Chi-
educational organizations. True, its membership today includes 975 cago on November 3, 1921,
boards, representing almost 1,500 institutions, and has a mailing list of the constitution discussed and
24,000 trustees/regents/visitors/curators, and those of still other nomencla- adopted, and the “Association
ture. Its total annual budget now exceeds one million dollars. of Governing Boards of State
Universities and Allied Institu-
But consider: ten years ago its mem- (eight from the University tions” was born.
bership amounted to 350 boards and 8,000 of Michigan), 10 university The new association held its
individuals. Ten years before that, in 1961, presidents, and a repre- first general session two years
the membership totaled 82 boards and 1,800 sentative of the Bureau of later, in connection with the
J.L. Zwingle
individuals, and the budget amounted to Education in Washington. annual meeting of the Associa-
$38,932. (This gentleman, George tion of State Universities at the
F. Zook, became the founding president Auditorium Hotel in Chicago, November
It’s Been a Three-act Play of the American Council on Education.) 12-13, 1923. The constitution was ratified
There are three major episodes in the history President Sommers of the University of and a slate of officers was elected, listed as
of AGB. The first forty years make up one Minnesota and Regent Hammond of the follows in the “Proceedings”:
story; the fifth decade another kind of story; University of Wisconsin read papers on, President, J.W. Fesler, Trustee, Indiana
and the sixth decade still another. The big respectively, “The Salary Problem” and University; Vice Presidents, A. Wagner,
chance was first of all a change in concept, “Student Fees and Tuition Charges,” both Regent of Education, South Dakota; Bee
beginning around 1960 and culminating in of which were published as part of the King, Trustee, University of Colleges of
the opening of the Washington headquarters record of the inauguration. Mississippi; Secretary and Treasurer, D.W.
in 1964. The question in 1964 was whether But discussion also arose about the need Springer, Auditor, University of Michi-
the concept would win acceptance. It was for exchange of information among trustees gan; Executive Committee, F.A. Holliday,
still a question in 1966, even in 1968. The and regents of state universities. A committee Trustee, University of Wyoming; J.W.
answer to the question came in two parts: was appointed, which met and reported favor- Barnes, Board of Control, West Virginia
membership and money. But first, back to the ably; and a permanent chairman was elected University; Anna B. Lawther, Iowa State
beginning. in the person of Regent Junius Beal of the Board of Education.
Information about the genesis of AGB University of Michigan. The first program of the Association
is limited to the first published Proceed- consisted of four papers, each dealing with
ings of the Association. This slender doc- AGB is Born some part of the general topic, “What the
ument, dated 1923, carries a tantalizing Under the committees’ leadership a con- University Can Do for the State.” Interest-
brief account of a preliminary meeting stitution for a permanent organization ingly, along with agriculture and commerce,
in Ann Arbor, Michigan, in 1920 that led was drawn up, establishing purpose and one of the topics concerned the question of
to a formal organizational conference in defining membership and establishing a religion. Very likely this early inclusion had
Chicago in 1921. The Ann Arbor gather- structure of president, two vice presidents, something to do with the lingering accusa-
ing was an informal group of regents and a secretary and a treasurer. The president, tion that the state universities were “godless”
presidents, held as part of an “Educational vice president and treasurer were joined institutions, an attitude fostered largely by
Conference” celebrating the inauguration by three members to be elected at large to the supporters of church-related institutions
of President Burton. There were 19 regents form the executive committee. A meeting which (quite rightly) were feeling threatened
18 AGB: A CENTENNIAL HISTORY | March 2021You can also read
