Comprehensive Standard 3.2.5

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

Judgement: Compliant

Narrative:  

The University of South Carolina Upstate (USC Upstate) is governed by the Board of Trustees (Board) of the University of South Carolina (USC) System. There are 17 voting members on the Board.  The composition of the Board, in compliance with South Carolina Code of Laws, Section 59-117-10 includes 16 members elected by the South Carolina General Assembly from each of the state’s judicial circuits, and one at-large member appointed by the Governor.  Ex-officio members of the Board are the Governor of the state (or designee), State Superintendent of Education, and President of the Greater University of South Carolina Alumni Association.  The regular term of office of each elected trustee is four years, with the terms commencing on July 1 of the year of election.  Trustees may continue to serve after their term has expired until a successor has been elected and qualified.

Board members can be removed only in accordance with Articles of Impeachment as stipulated in the South Carolina Constitution Article XV Section III which states: 

[f]or any willful neglect of duty, or other reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall remove any executive or judicial officer on the address of two thirds of each house of the General Assembly: Provided, that the cause or causes for which said removal may be required shall be stated at length in such address, and entered on the Journals of each house: And, provided, further, that the officer intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defense, or by his counsel, or by both, before any vote for such address; and in all cases the vote shall be taken by yeas and nays, and be entered on the Journal of each house respectively.

The Board has full authority to request impeachment proceedings of any member by the General Assembly, an authority reaffirmed by action of the Board in the setting of Policy BTRU 2.03 as noted in Board minutes of February 4, 2011.  USC has not invoked policies pertaining to Board dismissal.

In case a vacancy should occur in the board among the members elected by the General Assembly, the Governor, in compliance with the South Carolina Code of Laws, Section 59-117-30, may fill it by appointment until the next session of the General Assembly.  Any vacancy occurring in the office of the member appointed by the Governor shall be filled for the remainder of the unexpired term by appointment in the same manner of original appointment.  Elections to fill vacancies which are caused by the death, resignation, or removal of an elected trustee may be held earlier than the first day of April of the year in which the unexpired term ends, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired. 

Support Documents: 

 

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