§ 23.1-1300 Members of governing boards; removal; terms; nonvoting, advisory representatives; residency
A. Members appointed by the Governor to the governing boards of public institutions of higher education shall serve for terms of four years. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. No member appointed by the Governor to such a governing board shall serve for more than two consecutive four-year terms; however, a member appointed by the Governor to serve an unexpired term is eligible to serve two consecutive four-year terms immediately succeeding such unexpired term. Except as otherwise provided in § 23.1-2601, all appointments are subject to confirmation by the General Assembly. Members appointed by the Governor to the governing board of a public institution of higher education shall continue to hold office until their successors have been appointed and qualified. Ex officio members shall serve a term coincident with their term of office.
B. No member appointed by the Governor to the governing board of a public institution of higher education who has served two consecutive four-year terms on such board is eligible to serve on the same board until at least four years have passed since the end of his second consecutive four-year term.
C. Notwithstanding the provisions of subsection E or any other provision of law, the Governor may remove from office for malfeasance, misfeasance, incompetence, or gross neglect of duty any member of the board of any public institution of higher education and fill the vacancy resulting from the removal.
D. The Governor shall set forth in a written public statement his reasons for removing any member pursuant to subsection C at the time the removal occurs. The Governor is the sole judge of the sufficiency of the cause for removal as set forth in subsection C.
E. If any member of the governing board of a public institution of higher education fails to attend (i) the meetings of the board for one year without sufficient cause, as determined by a majority vote of the board, or (ii) the educational programs required by § 23.1-1304 in his first two years of membership without sufficient cause, as determined by a majority vote of the board, the remaining members of the board shall record such failure in the minutes at its next meeting and notify the Governor, and the office of such member shall be vacated. No member of the board of visitors of a baccalaureate public institution of higher education or the State Board for Community Colleges who fails to attend the educational programs required by § 23.1-1304 during his first four-year term is eligible for reappointment to such board.
F. The governing board of each public institution of higher education shall adopt in its bylaws policies (i) for removing members pursuant to subsection E and (ii) referencing the Governor’s power to remove members described in subsection C.
G. The governing board of each public institution of higher education and each local community college board may appoint one or more nonvoting, advisory faculty representatives to its respective board. In the case of local community college boards and boards of visitors, such representatives shall be chosen from individuals elected by the faculty or the institution’s faculty senate or its equivalent. In the case of the State Board, such representatives shall be chosen from individuals elected by the Chancellor’s Faculty Advisory Committee. Such representatives shall be appointed to serve (i) at least one term of at least 12 months, which shall be coterminous with the institution’s fiscal year or (ii) for such terms as may be mutually agreed to by the State Board and the Chancellor’s Faculty Advisory Committee, or by the local community college board or the board of visitors, and the institution’s faculty senate or its equivalent.
H. The board of visitors of any baccalaureate public institution of higher education shall appoint one or more students as nonvoting, advisory representatives. Such representatives shall be appointed under such circumstances and serve for such terms as the board of visitors of the institution shall prescribe.
I. Nothing in subsections G and H shall prohibit the governing board of any public institution of higher education or any local community college board from excluding such nonvoting, advisory faculty or student representatives from discussions of faculty grievances, faculty or staff disciplinary matters or salaries, or any other matter.
J. The president or any one of the vice presidents of the board of visitors of Virginia Military Institute, the chairman or the vice-chairman of the State Board, and the rector or vice-rector of the governing board of each other public institution of higher education shall be a resident of the Commonwealth.
K. No baccalaureate public institution of higher education shall employ an individual appointed by the Governor to the board of visitors of such institution within two years of the expiration of his term. Such prohibition shall not apply to the employment of an individual to serve as an institution president or, in the case of Virginia Military Institute, the Superintendent.
History
The record of this law’s original creation isn’t available online. It has been modified 41 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1946, chapters 414 and 415; in 1952, chapter 213; in 1954, chapter 343; in 1960, chapters 180 and 187; in 1962, chapter 69; in 1964, chapters 48, 50, 70, 97, and 159; in 1966, chapters 14, 18, and 679; in 1968, chapters 93, 532, and 719; in 1970, chapters 601 and 624; in 1972, chapters 51, 136, 550, and 861; in 1973, chapter 55; in 1974, chapters 29 and 317; in 1975, chapter 484; in 1976, chapters 21 and 25; in 1977, chapter 670; in 1978, chapters 376 and 453; in 1979, chapters 17, 147, and 623; in 1980, chapters 100, 559, 625, and 648; in 1981, chapter 225; in 1982, chapter 356; in 1983, chapter 148; in 1984, chapter 772; in 1989, chapter 107; in 1991, chapter 96; in 1992, chapters 53 and 103; in 1993, chapter 697; in 1995, chapter 40; in 1999, chapters 752 and 1013; in 2000, chapters 699, 715, and 844; in 2002, chapter 158; in 2003, chapter 802; in 2004, chapters 499, 519, and 695; in 2005, chapter 12; in 2007, chapters 471 and 727; in 2008, chapters 55, 155, 399, 465, and 477; in 2012, chapter 599; in 2014, chapters 190 and 597; in 2015, chapter 560; in 2016, chapters 473 and 588; in 2017, chapters 314, 764, and 766; in 2019, chapter 373.
Code 1919, §§ 807, 835, 859, 935, §§ 23-41, 23-70, 23-72, 23-93, 23-95, 23-115, 23-117; 1924, p. 145; 1930, pp. 80, 81, 739; 1936, p. 262; 1938, p. 443; 1944, pp. 344, 345, 399, 400, 401; 1945, pp. 49, 50, 51, 52, 53, 55; 1946, cc. 414, 415; 1952, c. 213; 1954, c. 343; 1960, cc. 180, 187; 1962, c. 69, §§ 23-49.14, 23-49.16; 1964, cc. 48, 50, 70, 97, 159 §§ 23-155.4, 23-164.3, 23-164.5, 23-165.4, 23-165.5, 23-185, 23-187; 1966, cc. 14, 18, 679, § 23-216; 1968, cc. 93, 532, 719, §§ 23-50.6, 23-174.4; 1970, cc. 601, 624; 1972, cc. 51, 136, 550, 861, §§ 23-91.26, 23-91.28, 23-91.36, 23-91.38; 1973, c. 55; 1974, cc. 29, 317; 1975, c. 484; 1976, cc. 21, 25 §§ 23-49.25, 23-49.26; 1977, c. 670; 1978, cc. 376, 453; 1979, cc. 17, 147, 623; 1980, cc. 100, 559, 625, 648; 1981, c. 225; 1982, c. 356, § 23-9.2:5; 1983, c. 148; 1984, c. 772; 1989, c. 107; 1989, Sp. Sess., c. 5; 1991, c. 96; 1992, cc. 53, 103; 1993, c. 697; 1995, c. 40; 1999, cc. 752, 1013; 2000, cc. 699, 715, 844; 2002, c. 158, 257; 2003, c. 802; 2004, cc. 499, 519, 695, § 23-9.2:4.1; 2005, c. 12; 2007, cc. 471, 727; 2008, cc. 55, 155, 399, 465, 477; 2012, c. 599; 2014, cc. 190, 597; 2015, c. 560, § 23-2.06; 2016, cc. 473, 588; 2017, cc. 314, 764, 766; 2019, c. 373.