Section 8-B130. REMOVAL OF A MEMBER OF THE BOARD OF TRUSTEES

 

130.1Pursuant to the provisions of D. C. Code, § 38-1202.03, the Board of Trustees has the power to remove any member of the Board, after fair notice and an opportunity to be heard, for adequate cause which relates to the member's character or efficiency as a Trustee.

 

130.2Proceedings for the removal of a member of the Board shall be conducted in accordance with the provisions of this section.

 

130.3Removal of a member of the Board shall be initiated by the filing of a Petition for Removal by one (1) or more members of the Board. The Petition for Removal shall be filed with the Chairperson of the Board (the "Chairperson"), unless the Chairperson is the subject of the petition, in which case the petition shall be filed with the Vice Chairperson of the Board. A copy of the petition shall be filed with the President of the University.

 

130.4A Petition for Removal shall be in writing and shall set forth the name of the member of the Board who the petition seeks to remove, the name(s) of the petitioner(s), a clear and concise statement of the reasons for removal, and a request that the Board act to remove the member. The Petition for Removal shall be signed by each petitioner.

 

130.5Upon receipt of the Petition for Removal, the Chairperson of the Board (or the Vice Chairperson if the Chairperson is the subject of the petition) shall notify the member of the Board who is the subject of the petition of the filing of the petition. The notice shall be in writing, and shall include a copy of the petition and a copy of this section of the University Rules, and shall be personally delivered to the Board member or mailed to the Board member by certified mail, return receipt requested.

 

130.6Within ten (10) days of the receipt of a Petition for Removal, the Chairperson (or the Vice Chairperson) shall appoint an ad hoc committee to consider the petition, provide a forum for the member of the Board who is the subject of the petition to be heard, and to make a recommendation to the Board of Trustees on the disposition of the petition.

 

130.7The ad hoc committee appointed under §130.6 shall consist of three (3) members of the Board of Trustees, no more than one (1) of which may be a petitioner. The subject of the petition shall not serve on the ad hoc committee by appointment or ex officio, nor shall the Chairperson (or Vice Chairperson) chair the ad hoc committee.

 

130.8The Chairperson (or the Vice Chairperson) shall designate a chairperson of the ad hoc committee who shall call and chair the meetings of the committee and present the report and recommendation of the committee to the Board of Trustees. The chairperson of the ad hoc committee shall not be a petitioner.

 

130.9The Chairperson (or the Vice Chairperson) shall notify the member of the Board who is the subject of the petition in writing of the appointment of the ad hoc committee and the membership of the ad hoc committee.

 

130.10The ad hoc committee shall meet to consider the petition within thirty (30) days of the date of appointment of the ad hoc committee. Meetings of the ad hoc committee shall be conducted in executive session.

 

130.11The member of the Board who is the subject of the petition shall be given an opportunity to be heard by the ad hoc committee. The member shall also be entitled to submit to the ad hoc committee a written response to the petition in addition to having an opportunity to be heard by the committee.

 

130.12The member of the Board who is the subject of the petition shall be entitled to be represented by counsel or any representative of his or her choice, and may present witnesses and documentary evidence on his or her behalf.

 

130.13If the member of the Board who is the subject of the petition is unable to appear before the ad hoc committee on any of the dates suggested by the chairperson of the committee, the member may propose alternative dates within the thirty (30) day time frame by submitting at least three (3) alternative dates in writing to the committee chairperson. The chairperson shall then set a date for the committee meeting.

 

130.14The meeting of the committee at which the member of the Board who is the subject of the petition is heard shall be conducted without formal rules of evidence. The member of the Board shall be heard without questioning or rebuttal by the committee.

 

130.15Within ten (10) days of the conclusion of the meeting of the ad hoc committee, the chairperson of the committee shall prepare a written report and recommendation to the Board. The members of the committee shall sign the report and indicate their concurrence with the report. A majority of the ad hoc committee must concur in the report and recommendation. If a member of the committee does not concur with the report and recommendation, he or she may prepare, sign, and file a written dissent.

 

130.16The chairperson of the ad hoc committee shall file the report with the Chairperson of the Board (or the Vice Chairperson if the Chairperson is the subject of the petition) with a copy to each member of the Board and the President of the University.

 

130.17As soon as practicable after receiving the report and recommendation of the ad hoc committee, the Board of Trustees shall meet (at the call of the Chairperson or Vice Chairperson) as a Committee of the Whole in executive session to consider the report and vote on the Petition for Removal.

 

130.18Action by the Board of Trustees to remove the member of the Board who is the subject of the petition shall require the affirmative vote of a majority of the Board. The member who is the subject of the petition shall be entitled to attend the meeting of the Committee of the Whole (without representation) and shall be entitled to participate in the discussion and vote.

 

130.19Removal of the member of the Board shall be effective immediately upon announcement by the chair of the Committee of the Whole of an affirmative vote to remove. If the member of the Board who is removed is not present, he or she shall be notified as soon as practicable by the chair of the Committee of the Whole.

 

authority

District of Columbia Public Postsecondary Education Reorganization Act Amendments (“Act”) effective January 2, 1976 (D.C. Law 1-36; D.C. Official Code §§ 38-1202.01(a))

source

Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6152 (July 16, 2010).