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

The Board of Regents is appointed by the governor with the advice and consent of the Senate.  There is no specific policy provision, applicable code or procedure presented in the documentation to indicate a policy or procedural  basis exists for the dismissal of members of the Board of Regents for cause, or a specific due process procedure document  related to such dismissal.  The institution needs to provide evidence, such as a policy and procedure, to demonstrate that board members can be dismissed only for cause. 

NARRATIVE/JUSTIFICATION FOR JUDGMENT OF COMPLIANCE

All Texas public systems of higher education have members of their board of regents appointed by the Governor of the State. The Governor appoints members of the boards of regents according to constitution and other legal requirements. These individuals are chosen from a wide geographic area. Individual universities have no input into the appointments of regents or the length of time they serve. The Governor has sole decision-making authority.

The Texas Education Code, Chapter 85, Subchapter B. Administrative Provisions, Section 85.11: Board of Regents, and Section 85.12: Qualifications; Terms call for the government of the university system to be vested in a board of nine regents appointed by the governor with the advice and consent of the senate. The members hold office for staggered terms of six years, with the terms of three expiring February 1 of odd-numbered years.

Article 15, Section 9 of the Texas Constitution contains the following provisions for removal of public officers, which includes members of boards of regents for universities:

• In addition to the other procedures provided by law for removal of public officers, the governor who appoints an officer may remove the officer with the advice and consent of two-thirds of the members of the senate present.
  
• If the legislature is not in session when the governor desires to remove an officer, the governor shall call a special session of the senate for consideration of the proposed removal. The session may not exceed two days in duration. (Added Nov. 4, 1980.)

Members of the Boards of Regents for all Texas Public Institutions would be removed under the same process. A review of Compliance Certification On-Line Documents for other Texas public institutions indicated a similar response citing Education Code 85.11 and Article 15, Section 9 of the Texas Constitution. It is our understanding that their accreditation reviewers accepted this response as compliant.

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