Volume 08: September 10, 1962–May 25, 1964

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The North Carolina State College of Agriculture and Engineering shall be conducted and operated as part of The University of North Carolina. It shall be located at Raleigh, North Carolina, and shall be known as the North Carolina State College of Agriculture and Engineering of The University of North Carolina, (cf. G.S. 116-27)

The North Carolina College for Women shall be conducted and operated as a part of The University of North Carolina. It shall be located at Greensboro, North Carolina, and shall be known as the Woman's College of The University of North Carolina, (cf. G.S. 116-38)

SECTION 1-2. TRUSTEES, NUMBER, ELECTION AND TERM

There shall be one hundred trustees of The University of North Carolina, at least ten of whom shall be women, who shall be elected for terms of eight years by the General Assembly by joint ballot of both houses. Twenty-five of the trustees shall be elected every two years, (cf. G.S. 116-4)

SECTION 1-3. INCORPORATION AND CORPORATE POWERS

The trustees of The University of North Carolina shall be a body politic and corporate to be known and distinguished by the name of The University of North Carolina and by that name shall have perpetual succession and a common seal; and by that name shall be able and capable in law to take, demand, receive, and possess all moneys, goods, and chattels that shall be given for the use of The University of North Carolina and to apply the same according to the will of the donors; and by gift, purchase, or devise to receive, possess, enjoy, and retain forever any and all real and personal estate and funds, of whatsoever kind, nature, or quality the same may be, in special trust and confidence that the same, or the profits thereof, shall be applied to and for the use and purpose of establishing and endowing The University of North Carolina and shall have power to receive donations from any source whatever, to be exclusively devoted to the purposes of the maintenance of The University of North Carolina, or according to the terms of the donation, (cf. G.S. 116-3)

PROPERTY RIGHTS

The corporation, by its corporate name, shall be able and capable in law to bargain, sell, grant, alien, or dispose of and convey and assure to the purchasers any and all such real and personal estate and funds as it may lawfully acquire when the condition of the grant to it or the will of the devisor does not forbid it; and shall be able and capable in law to sue and be sued in all courts whatsoever; and shall have power to open and receive subscriptions, and in general may do all such things as are usually done by bodies corporate and politic, or such as may be necessary for the promotion of learning and virtue. (G.S. 116-3)

In addition to these powers, the Board of Trustees shall succeed to all the rights, privileges, duties and obligations by law, or otherwise, enjoyed by or imposed upon the University of North Carolina, the North Carolina State College of Agriculture and Engineering, and the North Carolina College for Women, prior to March 27, 1931. (G.S. 116-3)

USE OF RECEIPTS

All receipts shall be applied to the maintenance and promotion of the particular unit of The University of

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North Carolina receiving same and to the objects specified in any laws making appropriations for its support, or in accordance with the expressed wishes of any donor, as far as practicable, (cf. G.S. 116-17)

All gifts and endowments, whether moneys, goods or chattels, or real estate, heretofore or hereafter given or bestowed upon or conveyed to any one of the institutions, as existing before March 27, 1931, shall continue thereafter to be used, enjoyed, and administered by the particular unit to which they were given or conveyed; but if there were trusts, they shall be administered by said unit in accordance with the provisions of the trust deed creating them, for the benefit of the particular institution to which such deed was executed. The administration of all these funds, endowments, gifts, and contributions shall, however, be under the control of the Board of Trustees of The University of North Carolina. (cf. G.S. 116-18)

TUITION AND FEES

The trustees of The University of North Carolina, including the University of North Carolina, the State College of Agriculture and Engineering and the Woman's College of The University of North Carolina, are authorized and directed to fix the tuition fees for each of the institutions in such amount or amounts as they deem best, taking into consideration the nature of each department and institution and the cost of equipment and maintaining the same; and are further instructed to charge and collect from each student, at the beginning of each semester, tuition fees and an amount sufficient to pay room rent, servants' hire and other expenses of the term. Indigent cripples are exempt from the provisions of this paragraph. (cf. G.C. 116-143)

In the event that said students are unable to pay the cost of tuition and required academic fees as the same may become due, in cash, the said Board of Trustees is hereby authorized and empowered, in its discretion, to accept the obligation of the student or students together with such collateral or security as it may deem necessary and proper, it being the purpose of this section that all students in state institutions of higher learning shall be required to pay tuition, and that free tuition be abolished, except such students as are physically disabled and are so certified to be by the vocational rehabilitation division of the state board for vocational education, who shall be entitled to free tuition, (cf. G.S. 116-143)

The Board of Trustees may charge non-resident students tuition in excess of that charged resident students, (cf. G.S. 116-144)

SECTION 1-4. IMMUNITIES OF THE CORPORATION

(a) Tax Exemption.

The lands and other properties belonging to the corporation shall be exempt from all kinds of public taxation. (G.S. 116-19)

Property belonging to the State . . . shall be exempt from taxation. (N.S. Const. Art V., Sec. 5)

(b) Liability for Torts.

The University is not liable for any tort claims except as provided by G.S. 143-291, et seq.

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CHAPTER II BY-LAWS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA

SECTION 2-1. MEMBERSHIP, ELECTION AND TERM

The Board of Trustees of The University of North Carolina shall consist of:

(a) One hundred members, at least ten of whom shall be women, who shall be elected by the General Assembly of North Carolina by joint ballot of both houses. In accordance with the provisions of General Statutes of North Carolina, Chapter 116, Section 4, the terms of twentyfive members shall expire on April 1st of each odd-numbered year, and twenty-five new members shall be elected to serve for eight years, (cf. G.S. 116-4) In the event that regular elections of trustees by the General Assembly shall not have occurred by April 1st in any given odd-numbered year, trustees whose terms would normally have expired on that day will continue in office until their successors have been elected.

(b) The Superintendent of Public Instruction, who shall serve as a member during the term of his office. (cf. G.S. 116-4)

(c) The Governors of the State of North Carolina, at the expiration of their terms, shall be honorary members for life. (cf. G.S. 116-5)

SECTION 2-2. POWER TO VOTE

All members of the Board of Trustees, as described in Section 2-1, above, shall have the power to vote on all questions coming before the Board for consideration. No member, however, shall have the privilege of voting by proxy.

SECTION 2-3. VACANCIES, DISQUALIFICATION, REMOVAL

All vacancies in the membership of the Board of Trustees shall be filled by election of suitable persons by joint ballot of both houses of the General Assembly. (cf. G.S. 116-7)

Whenever a trustees shall fail to be present for two successive years at the regular meetings of the Board, his place as trustee shall be deemed vacant, but this shall not apply to members serving in the armed forces of the United States or in the military forces of any of the Allies of the United States, (cf. G.S. 116-7)

The Board of Trustees shall have power to vacate the appointment and remove a trustee for improper conduct, stating the cause of such removal on the journal; but this shall not be done except at a regular meeting of the Board, and there shall be present at the doing thereof at least twenty members of the Board. (G.S. 116-6)

SECTION 2-4. OFFICERS OF THE BOARD OF TRUSTEES, DUTIES

(a) Chairman.

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The Governor of the State of North Carolina shall be, ex-officio, Chairman of the Board of Trustees of The University of North Carolina and shall preside at all meetings of the Board and of the Executive Committee at which he may be present. If the Governor is absent from any such meetings he may appoint in writing some trustee to act in his stead as Chairman. If the Governor is absent from a meeting of the Board and has not appointed some trustee to act in his place, the Board may appoint some one of their number to preside for the time being. If the Governor is absent from a meeting of the Executive Committee and has not appointed a member of the Executive Committee to act in his place, the Executive Committee may appoint some one of their number to preside for the time being, (cf. G.S. 116-9)

(b) Secretary.

The Secretary of the Board of Trustees shall be elected by the Board for a period of four years. There shall be no limit on the number of terms for which the Secretary may be elected; provided, the Secretary must always be elected from the membership of the Board of trustees.

MINUTES OF BOARD

The Secretary shall keep minutes of all the meetings of the Board and of the Executive Committee; shall file, index, and preserve all minutes, papers and documents pertaining to the business and proceedings of the Board and of the Executive Committee; shall be custodian of The University Seal and all the records of the Board and of the Executive Committee, and shall attest the execution by the Chairman of all The University of North Carolina legal documents and instruments.

The Secretary shall notify the members of the Board and of the Executive Committee of all meetings in accordance with provisions of Section 2-7 of these by-laws.

Within 20 days after each meeting of the Board and of the Executive Committee, the Secretary shall transcribe the minutes of the meeting and mail a copy to each member of the Board.

AGENDA FOR BOARD MEETINGS

A copy of the agenda for all regular meetings of the Board, a notice of all expiring terms on committees and of committee vacancies and, insofar as practicable, copies of all reports to be presented to the said meetings, shall be mailed each member of the Board by the Secretary at least ten days before such meetings. The same procedure shall be followed for each regular meeting of the Executive Committee except that the information shall be mailed at least five days before meetings. This provision shall not be construed to prohibit the presentation of business not on the agenda by members of the Board or of the Executive Committee. The agenda covering matters relating to the administration of The University of North Carolina for all meetings of the Board and of the Executive Committee shall be prepared by the President of The University of North Carolina. All agenda and reports prepared by or given to the Administrative Officers of The University of North Carolina shall be considered confidential until presented to the Board or to the Executive Committee.

(c) Assistant Secretary.

The Board may elect an Assistant Secretary, whose term of office shall be concurrent with that of the Secretary, to whom may be assigned such duties as the Secretary may

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determine. The Assistant Secretary shall not be a member of the Board and may be paid such salary as the Board of Trustees may establish, said salary to be paid from State appropriations made by the General Assembly for the administration of The University of North Carolina.

Copies of all minutes, papers and documents of the Board or the Executive Committee may be certified to be true and correct copies by either the Secretary or the Assistant Secretary of the Board of Trustees.

SECTION 2-5. MEETINGS OF THE BOARD OF TRUSTEES, JURISDICTION

(a) Regular Meetings.

There shall be three regular meetings of the Board of Trustees each calendar year. One of these regular meetings shall be in the city of Raleigh, which meeting shall be held during the session of the General Assembly during the years in which that body regularly convenes. The other regular meetings shall be held at such time and place as the Governor may appoint.

Regular meetings shall be called by the Secretary at the request of the Governor, or at the request of five members of the Board.

Subject to the provisions of Section 2-13, any matter of business relating to The University of North Carolina may be considered at any regular meeting of the Board of Trustees.

(b) Special Meetings.

The Governor may call special meetings, and the Secretary, at the written request of not less than 20 members of the Board of Trustees, shall call special meetings of the Board, and shall designate either Raleigh, Chapel Hill, or Greensboro as the place of meeting, and the call shall state the purpose of the meeting.

Any matter of business relating to The University of North Carolina may be considered at a special meeting of the Board except:

(1) No special meeting shall have power to revoke or alter any order, resolution or vote of any regular meeting. Any order, vote, resolution or other act done, made of adopted at a special meeting contrary to any order, vote, resolution or ordinance of the Board at any regular meeting shall be absolutely, to all intents and purposes, null and void. (cf. G.S. 116-8)

(a) No special meetings shall have power to consider matters which have been specifically reserved by the Board at a regular meeting for consideration only at a regular meeting of the Board. The Board, at a regular meeting, may by resolution, vote or ordinance, from time to time, as to it shall seem meet, limit control and restrain the business to be transacted, and the power to be possessed and exercised by special meetings of the Board, called according to law, and the powers of such special meetings shall be limited, controlled and restrained accordingly. (cf. G.S. 116-8)

SECTION 2-6. QUORUM

At any regular or special meeting of the Board of Trustees, any number of trustees, not less than ten, shall constitute a quorum and shall be competent to

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