Mich. Comp. Laws » Michigan Compiled Laws / Chapter 390 / Act 70 of 1885
Michigan Compiled Laws

Mich. Comp. Laws § 390.352 (2026)

Board of control; appointment of members; president as ex officio member; expenses; powers and duties enumerated.

✓ current as of July 2026
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MICHIGAN TECHNOLOGICAL UNIVERSITY


Act 70 of 1885


390.352 Board of control; appointment of members; president as ex officio member; expenses; powers and duties enumerated.

Sec. 2.

    (1) The government of the Michigan technological university, the conduct of the university's affairs, and the control of the university's property shall be vested in a board of 8 members, who shall be known as the board of control of the Michigan technological university, and who shall be appointed by the governor, by and with the advice and consent of the senate. The president of the institution shall be ex officio a member of the board without the right to vote. The members of the board shall serve without compensation, but shall receive actual and necessary expenses incurred in the performance of the duties of their office.

    (2) A majority of the members of the board of control may enact, amend, and repeal rules and bylaws for the conduct of the board's business as provided in section 3 and for the government of the institution; fix tuition and other fees and charges; appoint or remove personnel as the interests of the institution and the generally accepted principles of academic tenure permit or require; determine compensation to be paid for services and property; confer degrees and grant diplomas usually conferred or granted by other similar institutions; receive, hold, and manage any gift, grant, bequest, or devise of funds or property, real or personal, absolutely or in trust, which will promote the purposes of the institution; enter into agreements not inconsistent with this act as may be desirable in the conduct of the board's affairs; and lease or dispose of property which comes into the board's possession, if the board does not violate a condition or trust to which the property may be subject. The powers customarily exercised by the governing board of a college or university are vested in the board. The enumeration of powers in this section shall not be considered to exclude powers not expressly excluded by law.

History: 1885, Act 70, Imd. Eff. May 1, 1885 ;-- How. 5025b ;-- CL 1897, 1885 ;-- CL 1915, 1300 ;-- Am. 1927, Act 3, Eff. Sept. 5, 1927 ;-- CL 1929, 7922 ;-- CL 1948, 390.352 ;-- Am. 1963, 2nd Ex. Sess., Act 49, Eff. Jan. 1, 1964 ;-- Am. 1977, Act 230, Imd. Eff. Nov. 30, 1977

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1952–2021 · leading case: An-Ti Chai v. Michigan Technological Univ., 493 F. Supp. 1137 (W.D. Mich. 1980).
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An-Ti Chai v. Michigan Technological Univ., 493 F. Supp. 1137 (W.D. Mich. 1980). · cites it 3× “§ 390.352, which reads: Sec. 2. The government of the Michigan technological university, the conduct of its affairs, and the control of its property shall be vested in a board of 8 members, who shall be known as the “board of control of the Michigan technological university”,…”
Bracco v. Michigan Technological Univ., 588 N.W.2d 467 (Mich. Ct. App. 1998). “Indeed, subsection 2(2), MCL 390.352(2); MSA 15.1312(2), provides that a majority of the members of the Board of Control may “appoint or remove personnel as the interests of the institution and the generally accepted principles of academic tenure permit or require.”
Sittler v. Bd. of Control, 53 N.W.2d 681 (Mich. 1952). “’ ” CL 1948, § 390.352 (Stat Ann § 15.1312). “As soon as the means in its hands will permit, without incurring indebtedness, said board shall proceed to obtain a suitable location, and lease or erect such buildings, and procure such furniture, apparatus, library, and implements,…”
Baker v. Ferris State Univ. (W.D. Mich. 2021). · cites it 2× “See Mich. Comp. Laws § 390.352 ; see also An-Ti Chai, 493 F.”
Mich. Comp. Laws § 390.352(2): 1 case
Bracco v. Michigan Technological Univ., 588 N.W.2d 467 (Mich. Ct. App. 1998). “Indeed, subsection 2(2), MCL 390.352(2); MSA 15.1312(2), provides that a majority of the members of the Board of Control may “appoint or remove personnel as the interests of the institution and the generally accepted principles of academic tenure permit or require.”
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