"In summary then, I think that the
grant of 'constitutional autonomy' to
the University of Maryland in the
Constitution would be most unwise
both from the point of view of the
Constitutional Convention and from
that of the University. I say this not-
withstanding the fact that, as you
know, I am a staunch advocate of Dr.
Elkins' basic premise, namely, that it
is imperative that the University of
Maryland now and in the future have
autonomy and that it be completely
free of all forms of political control
or influence. It must continue to be
operated by and have its policies de-
termined by a compleaely independent
Board of Regents. I think, however,
that it can achieve and retain this
independence by statute. . . ."
A somewhat different, and more
broadly based viewpoint, has been
expressed by the Maryland Advisory
Council for Higher Education. In a
communication to the Commission, the
Council said :
". . . The Council urges that the
total effect of any specific provision
of constitutional autonomy as it af-
fects not only management but the
orderly growth and development of
all public higher education in the
State be given careful considera-
tion. ...
DEGREE OF AUTONOMY
"The determination of the degree
of freedom which may be granted the
public higher educational institutions
in Maryland requires a clear under-
standing of the meaning and implica-
tions of terms, especially the difference
between 'immunity' and 'autonomy.'
For public institutions — state-sup-
ported and existing essentially for the
promotion of the common good — the
status of immunity is foreign to the
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concept and processes of democracy.
On the other hand, a too stringent
control or limitation of freedom is
similarly unwarranted. Some degree
of freedom, that is, an appropriate
measure of autonomy defined here
simply as self-government is warranted
in a democratic state and dee'med
desirable for institutions of higher
learning. . . .
"Particularly at the state level, the
problem of autonomy for institutions
of higher education is to obtain and
maintain some freedom of decision
and action apart from general execu-
tive and/or legislative controls. . . .
"In its reports, the Advisory Coun-
cil has recommended that college and
university administrators be given the
freedom to make decisions affecting
the internal affairs of their institu-
tions.
"For the University and the state
colleges, a degree of autonomy de-
fined in terms of fiscal and internal
management would not be inconsist-
ent with the previously stated position
of the Advisory Council in its ad-
vanced planning and development of
the State's master plan for higher
education. . . ."
CONSTITUTIONAL PROVISION
"Four issues have to be taken into
account in the consideration of con-
stitutional autonomy : (1) Respon-
siveness to change — the freezing of a
status quo versus adaptability to
emerging needs; (2) Responsiveness
to the public will — judicial interpre-
tation versus legislative action; (3)
Responsiveness to the requirements
of internal management — restrictive
policies and detailed procedures ver-
sus initiative and flexibility in admin-
istrative decision makings; (4) Re-
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