                                 CODE OF VIRGINIA

MEMBERS OF GOVERNING BOARDS; REMOVAL; TERMS; NONVOTING, ADVISORY
REPRESENTATIVES; RESIDENCY (§ 23.1-1300)

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 &#xA7; 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 &#xA7; 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 &#xA7; 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&#8217;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&#8217;s faculty senate or
its equivalent. In the case of the State Board, such representatives shall be
chosen from individuals elected by the Chancellor&#8217;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&#8217;s fiscal year or (ii) for such terms as may be mutually agreed
to by the State Board and the Chancellor&#8217;s Faculty Advisory Committee, or
by the local community college board or the board of visitors, and the
institution&#8217;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: 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.