If what KU says is correct they can certainly do what they did. I'd have to go back and look at the Regents minutes to see if they got approval from the Regents to borrow the money.
It's absolutely
for KU to say that the students aren't going to have to pay for this debt service. Granted their Foundation/Donors might, but that's likely not going to be the case in most circumstances. Clearly if they're building new dorms the people that live in those dorms are paying for the debt service, and I'm pretty confident that KU students will be seeing a number of fee tack ons on their tuition bills over the years.
While unlikely . . . if KU were to default on this debt, the bond holders et. al. would seek relief from whom? The State of Kansas/Board of Regents in all probability. I'm pretty confident in saying that this debt will count against the overall debt burden held by the State of Kansas and the entities that operate under the umbrella of the state of Kansas. Possibly impacting the states overall credit rating. So with that consideration in mind, it is pretty shitty of KU to do what they did without legislative approval.
On a related note, KU athletics did use both operating revenues and capital giving to get their DOE Equity in Athletics total revenue number. In their audited financial report, on an operational level, it was not pretty for KU athletics, as they operated well in the
red, and it would have been worse if not for forgiven debt and institutional support from Strong Hall.