Comprehensive Standards 3.2.5
Members of the governing board can be dismissed only for cause and by due process. (Governance and Administration)
Cape Fear Community College (CFCC) demonstrates compliance with this Comprehensive Standard by providing evidence that procedures are in place whereby a member of its governing board, the CFCC Board of Trustees, might be dismissed. Legislation enacted by the North Carolina General Assembly as contained in Chapter 115D-19 (NCGS 115D-19) of the North Carolina General Statutes clearly defines the process for all community colleges in the state. CFCC has incorporated this General Statute into their Board of Trustees’ Operational Manual.
The Cape Fear Community College’s Board of Trustees members may be removed from office by the Board for causes stated in Chapter 115D-19, General Statutes of North Carolina, which is provided below:
§ 115D-19. Removal of trustees.
(a) Should the State Board of Community Colleges have sufficient evidence that any member of the board of trustees of an institution is not capable of discharging, or is not discharging, the duties of his office as required by law or lawful regulation, or is guilty of immoral or disreputable conduct, the State Board shall notify the chairman of such board of trustees, unless the chairman is the offending member, in which case the other members of the board shall be notified. Upon receipt of such notice there shall be a meeting of the board of trustees for the purpose of investigating the charges, at that meeting a representative of the State Board of Community Colleges may appear to present evidence of the charges. The allegedly offending member shall be given proper and adequate notice of the meeting and the findings of the other members of the board shall be recorded, along with the action taken, in the minutes of the board of trustees. If the charges are, by an affirmative vote of two-thirds of the members of the board, found to be true, the board of trustees shall declare the office of the offending member to be vacant.
Nothing in this section shall be construed to limit the authority of a board of trustees to hold a hearing as provided herein upon evidence known or presented to it.
(b) A board of trustees may declare vacant the office of a member who does not attend three consecutive, scheduled meetings without justifiable excuse. A board of trustees may also declare vacant the office of a member who, without justifiable excuse, does not participate within six months of appointment in a trustee orientation and education session sponsored by the North Carolina Association of Community College Trustees. The board of trustees shall notify the appropriate appointing authority of any vacancy. (1963, c. 448, s. 23; 1979, c. 462, s. 2; c. 896, s. 13; 1979, 2nd Sess., c. 1130, s. 1; 1989, c. 521, s. 2; 1995, c. 470, s. 2.)
The CFCC Board of Trustee adheres to this state law, as cited in their Operations Manual, which states the possible causes for dismissal. The law provides for due process in that it requires an investigation of charges brought against the allegedly offending member of the Board, proper and adequate notice of meetings, and a vote by two-thirds of the Board members finding the charges to be true before a member may be dismissed.
CFCC Board of Trustees has not had an occasion to remove a trustee from its membership in the past eleven years, possibly longer. Should such an occasion arise, the above law would be strictly followed.
NCGS 115D-19 ,
North Carolina General Statutes, Chapter 115D-19