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Last updated 3/3/06  
Person responsible for report: Chuck Reece
3.2.5 Members of the governing board can be dismissed only for cause and by due process.
 
checked boxCompliance
empty boxPartial Compliance
empty boxNon-Compliance
Narrative:

Members of the Board of Trustees can only be removed for cause and by due process. North Carolina General Statute 115D-19 provides the mechanism for due process. The Constitution and Bylaws of the board refer to this statute.

A member of the board may have his office declared vacant if after due process, outlined in the statute (1), he is found to be incapable of discharging, or is not discharging, the duties of office as required, or is guilty of immoral or disreputable conduct. The college bylaws refer to the general statute for reasons of cause and the due process required (2).

A member of the board may be removed if she is absent from as many as half of the regularly scheduled board meetings in any calendar year (3) or does not attend three consecutive, scheduled meetings without justifiable excuse (1).

The Board of Trustees may also declare vacant the office of a member who, without justifiable excuse, does not participate in a trustee orientation and education session within six months of appointment (1).

Support
Documentation:
 
 
  Source Location / Special Instructions
1. Removal of Trustees – N.C.G.S. Chapter 115D-19 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/
HTML/BySection/Chapter_115D/GS_115D-19.html
2. SCC Policies and Procedures Manual, Statement 2.1, Board of Trustees Constitution and Bylaws, Article III, Section 3

http://www.southwesterncc.edu/policies/
2.1.htm#bdremoval

3. SCC Policies and Procedures Manual, Statement 2.1, Board of Trustees Constitution and Bylaws, Article III, Section 4 http://www.southwesterncc.edu/policies/
2.1.htm#bdabsence

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Southwestern Community College
447 College Drive  Sylva, NC  28779
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