Comprehensive Standard 3.2.5: Dismissal for Cause and by Due Process

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

The dismissal of members of the Board of Trustees of Wayne Community College is governed by North Carolina General Statutes 115D-19, which sets forth the conditions for dismissal as follows:

• The member "is not capable of discharging, or is not discharging, the duties of his office as required by law or lawful regulation, or guilty of immoral or disreputable conduct."
• The member "does not attend three consecutive, scheduled meetings without justifiable excuse."
• The member "without justifiable excuse, does not participate in a trustee orientation session sponsored by the NC Association of Community Colleges Trustees."

In addition, the By-Laws of the Board of Trustees (Article 1, Section 2(e) p. 4) further defines an absence: a member "not present for at least fifty (50%) percent of a meeting shall be counted absent."

The process for the removal of a board member provides for due process. The State Board of Community Colleges notifies the chair of the Board (unless the charges are levied against the chair) of charges against a member. The Board conducts a hearing for the purpose of investigating the charges. The trustee who has been charged shall be given proper and adequate notice of the meeting. The findings of the hearing shall be recorded, along with the actions taken. If the charges are found to be true by an affirmative vote of two-thirds of the members of the Board, the Board shall declare the office of the offending member to be vacant. The Board may also conduct such a hearing (described above) based upon evidence presented to it.

Since the appointment of the original Board, no board member has been dismissed.