3.2.5  

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

RATIONALE FOR COMPLIANCE JUDGMENT

Members of the Tennessee Board of Regents (TBR) can be removed and can be removed only for cause and by due process as provided through Tennessee public law and TBR policy. 

Appointed board members can be removed for violations of the Code of Ethics (Tennessee Code 49-8-204, sec. b), but only after due process hearings [1].

“Notwithstanding any other provision of law to the contrary, by a two-thirds (2/3) vote of its membership, the board may remove any appointed member of the board for a material violation of the code of ethics.

A board vote to remove one of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Tennessee Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and a finding has been made that the member did violate the board’s code of ethics.”

State law (Tennessee Code 49-8-203, sec. 4.d) [2] provides that “it is unlawful for any member of the board to be financially interested in any transaction affecting the interests of any institution governed by the board, to procure, or be a party in any way to procuring, the appointment of any relative to any position of financial trust or profit connected with the universities and colleges governed. A violation of this subdivision shall subject the member so offending to removal by the governor or the board.”

Elected officers of the board may be dismissed only for cause and by due process as provided in Tennessee Code: 8-47-101 Officers Subject to Removal [3] and by Tennessee Board of Regents (TBR) policies 1:02:05:00 Title, Election, and Duties of Board Officers [4] and 1:02:03:10, secs. 12-13 Conflict of Interest [4].