Date of Approval:
July 24, 2001
A Trustee who fails to perform the duties set forth in the will of Thomas Green Clemson, the South Carolina Code of Laws or the Trustee Manual may be removed from the Board, but only after due process has been afforded.
Since there are two distinct processes for being appointed to the Board of Trustees, there are also two distinct procedures for removal.
A. Successor Members
A Successor Trustee may only be removed by action of the other Successor Trustees. In the event four Successor Trustees believe that another Successor Trustee has failed to properly perform the duties required of all Trustees, the four shall present their concerns to the Successor Trustee with the longest continuing service (“Senior Successor Trustee”), exclusive of the Successor Trustee whose actions are in question. In the event two or more Successor Trustees have equal years of service, the Senior Successor Trustee shall be deemed the Successor Trustee whose last name appears first in alphabetical order. The Senior Successor Trustee shall convene a meeting of the Successor Trustees to hear the allegations and to render a decision. The Successor Trustee whose failure has been alleged shall have the right to be notified seven days in advance of the meeting and shall have the right to present evidence in his or her own defense. The Senior Successor Trustee shall establish procedural guidelines for the meeting, but in no event shall any attorney be permitted to attend the meeting for the purpose of representing any party involved. Once all evidence has been presented, the Successor Trustee in question will leave the meeting and the remaining Successor Trustees will deliberate and vote by secret ballot. In the event five Successor Trustees vote to remove the Successor Trustee, then his or her service on the Clemson University Board of Trustees shall be terminated. An action to remove a Successor Trustee shall be effective immediately, unless otherwise specified at the time the action is taken.
B. Elected Members
A Trustee elected to the Board by the South Carolina General Assembly may only be removed by action of the General Assembly. In the event four Elected Trustees believe that another Elected Trustee has failed to properly perform the duties required of all Trustees, the four shall present their concerns to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The General Assembly shall follow such procedures as it deems appropriate in evaluating the concerns presented.