The governing board has a policy whereby members can be dismissed only for appropriate reasons and by a fair process.

 

Judgment of ComplianceIn compliance    

 

Narrative

 

The current University of North Carolina system (hereafter, the University) dates from 1971, when the General Assembly completely restructured higher education in North Carolina, bringing all state-supported institutions of higher learning, including East Carolina University, into a single system governed by the University’s Board of Governors (hereafter, BOG).  In accordance with North Carolina General Statute 116-11, the BOG is responsible for the general determination, control, supervision, management, and governance of all affairs of the University’s 17 constituent institutions, including East Carolina University (hereafter, ECU or the institution).

 

As outlined in Article I, Section 101 of the Bylaws of the Board of Trustees of ECU, thirteen  (13) persons are chosen as follows: (i) eight (8) elected by the Board of Governors of the University of North Carolina, (ii) four (4) appointed by the Governor, and (iii) the President of the Student Government Association serves ex officio.

 

Members of the BOG and the BOT are subject to dismissal for violation of section C of the State Government Ethics Act. Section 200B (1) (b) of The Code of the BOG provides for dismissal of a BOG member as follows:   “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.” 

 

Members of the BOT are subject to dismissal for violation of Section 400A (3) of the UNC Code which reads as follows:  “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 three successive regular meetings of a board of trustees, the individual’s place as a member shall be deemed vacant.” Section 101(C) of the bylaws of the BOT further amplifies and specifies that “If for any reason other than ill health or service in the interest of the state or nation, a member fails to be physically present for three successive regular meetings of the BOT, his/her place as a member shall be deemed vacant.”

 

No members of the BOG have been dismissed since ECU’s last reaffirmation of accreditation in 2002, as documented in the Confirmation of no dismissals from the BOG.  One member of the BOT has been removed in that period: the member’s position on the BOT was deemed vacant in 2004 after he missed three consecutive meetings as documented in the Notification of Dismissal from the chancellor.

 

Documentation

Reference Title

Location

Confirmation of No Dismissals from UNC Board of Governors

BOG Letter

ECU Board of Trustees Bylaws, Article I, Section 101

Bylaws of the BoT, Article I, Section 101

ECU Board of Trustees Bylaws, Article I, Section 101(C)

Bylaws of the BoT, Article I, Section 101

North Carolina General Statute 116-11

NCGS 116-11

 

Notification of Dismissal

BOT Letter

State Government Ethics Act

Chapter 138A - Article 5

UNC Code, Section 200B (1) (b)

UNC Policy Manual 100.1

UNC Code, Section 400A(3)

3.2.5 UNC Code, 400A(3)