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B-8. Removal of Trustees
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Value Statements:

  • The Board, as a whole, benefits from the expertise and talent which individual Trustees bring to the collective governance process.
  • Individual Trustees are expected to meet the standards of participation outlined by its accrediting agency, state statute, and Board policy, and may be removed for failing to meet those expectations.

In accordance with the SACS Principles of Accreditation regarding Trustee expectations and with applicable Texas law, the ACC Board of Trustees will follow this policy regarding removal of trustees for just cause and following due process.

Under Texas law, trustees may be removed from Board membership for incompetency, official misconduct, intoxication on or off duty caused by drinking an alcoholic beverage (but not if it was caused by drinking such beverage on the directions and prescription of a licensed physician) or conviction by a jury for any felony or for misdemeanor official misconduct). “Official misconduct” includes conviction for an offense relating to a violation of purchase procedures. Actions for removal of Board members must be brought before the judge of the district court having jurisdiction, except that any court convicting a trustee of a felony or official misconduct must order removal. Texas Const., Art. V, § 24, Texas Local Government Code §§ 87.011-87.013, 87.031, Tex. Education. Code § 44.032(e).

After due process, including notice of specific charges and an opportunity for the accused trustee to answer them, the Board, if it finds just cause under Texas law for the trustee’s removal, will vote to file suit in district court for the removal of the trustee.

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The Austin Community College Board of Trustees adopted this policy on October 4, 2004.

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