• Decrease font size
  • Reset font size to default
  • Increase font size

Main Menu

2.0 Core Requirements

3.0 Comprehensive Standards

4.0 Federal Requirements

Submit Content

3.2.5 Board Dismissal PDF Print E-mail
Wednesday, 02 September 2009 14:22

3.2.5 Board Dismissal

Members of the governing board can be dismissed only for cause and by due process.

Responsible Unit: Board of Trustees

Compliance Judgment

Compliance

Narrative

The University of North Carolina System (UNC System) does not have an explicit policy that covers the dismissal of a member of University of North Carolina (UNC) Board of Governors or the constituent institution’s Board of Trustees. The members are protected by laws of nation and state and due process. The North Carolina General Statutes 116-6 states that the members of the UNC Board of Governors are elected by the Senate and the House of Representatives. [1]. However, according to The Code of the Board of Governors for University of North Carolina System (The Code), a Board of Governors member’s seat can be deem vacant for failure to attend regular board meetings or for unethical conduct The Code states, “ Whenever a member shall fail, for any reason other than ill health or service in the interest of the state or nation, to be present for four successive regular meetings of the board, the individual’s place as a member shall be deemed vacant.” [2]

In addition, North Carolina General Statutes 116-7 states that the State Ethics Commission can recommend removal of a member of the UNC Board of Governors from the General Assembly. Specifically, “Upon receipt of a referral from the State Ethics Commission in accordance with G.S. 138A-12(k) concerning a member of the Board of Governors, the principal clerk of the house of the General Assembly receiving the referral shall immediately refer the matter to the appropriate education committee of that house. That committee may recommend to that house a resolution providing for the removal of the Board member. If the committee's proposed resolution is adopted by a majority of the members present and voting of that house, the public servant shall be removed and the seat previously held by that Board member becomes vacant.” [3]

With respect to members of the North Carolina A&T State University Board of Trustees, the bylaws of the Board of Trustees parallel those of The Code, and state that “whenever a member shall fail, for any reason other than ill health or service in the interest of the state and nation, to be present for three successive regular meetings of the Board of Trustees, his place as a member shall be deemed vacant. [4] The provisions for ethical conduct contained in The Code should be viewed as applicable to the NC A&T State University Board of Trustees as well as the UNC Board of Governors. There are no records of excusal of a Board of Trustee member due to absenteeism, illness or ethical conduct.

Supporting Documents

[1] Election of BOG, NC GS §116-6(a)

[2] Membership Vacancy, BOG - The Code 200 B.1b, Ref: NC GS § 116-7 c)

[3] State Ethics Commission,NC GS §116-7 (b1)

[4] Bylaws of the BOT of A&T State University Section IIA (2), Ref NC GS§ 116-31(j)

Go to Top

Last Updated ( Thursday, 03 December 2009 16:54 )
 

Get Adobe Reader

To view supporting documents you will need Adobe Reader.

The SACS website and tools have been optimized for the Firefox web browser.