Section 3.2.5: Governance and Administration

Judgment of Compliance

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unchecked.png Partial Compliance
unchecked.png Non-compliance

Requirement

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

Narrative

McNeese State University is in compliance with Comprehensive Standard 3.2.5.

The Louisiana Constitution of 1974 designates that the University of Louisiana System Board of Supervisors be comprised of the following: two members from each congressional district and one member from the state-at-large. Gubernatorial appointees are confirmed by the Louisiana Senate and serve over-lapping six-year terms. A student selected by the Council of Student Body Presidents is appointed to serve a one-year term.

Board members can be dismissed only for cause and by due process as mandated by Louisiana Revised Statute 42:1411: “A public officer shall be removed from office for conviction during his term of office of a felony.” Due process is provided through the legal system. If the conviction is reversed on appeal, the suspended board member may return to office with all rights and privileges to which the member is entitled in the position.

In support of the constitutional requirements, the Board of Supervisors By-laws stipulates conditions for removal of members of governing board:

Members of the Board of Supervisors are considered by Louisiana law to be appointed state officials in unclassified service. As appointed state officials, board members are subject to removal from office through impeachment for cause. Cause for impeachment may include, but may not be limited to, the commission or conviction of a felony act, malfeasance or gross misconduct while in office. Due process shall be provided with a trial by the Senate. The Board may also establish guidelines for the conduct of its members (Board of Supervisors Bylaws Section I, C).

Due process for dismissal of a member of the governing board is provided through impeachment by the Louisiana House of Representatives and trial by the Louisiana Senate. Conviction upon impeachment results in immediate dismissal from office:

Section 24 (A) Persons Liable. A state or district official, whether elected or appointed, shall be liable to impeachment for commission or conviction, during his term of office of a felony or for malfeasance or gross misconduct while in such office.

(B) Procedure. Impeachment shall be by the House of Representatives and trial by Senate, with senators under oath or affirmation for the trial. The concurrence of two-thirds of the elected senators shall be necessary to convict. The Senate may try an impeachment whether or not the House is in session and may adjourn when it deems proper. Conviction upon impeachment shall result immediate removal from office. Nothing herein shall prevent other action, prosecution, or punishment authorized by law ( Louisiana Constitution, Article X, Part III, Section 24).

Supporting Evidence

University of Louisiana System Bylaws, Section "C" Members of the Board

RS 42:1411