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re: "We do not believe that the IHL Board was justified in its decision"
Posted on 3/23/15 at 7:58 pm to TSUNRebel
Posted on 3/23/15 at 7:58 pm to TSUNRebel
401.0101 STATUTE APPLICABLE
The Board shall have the power and authority to elect heads of the various
institutions of higher learning and to contract with all deans, professors, and
other members of the teaching staff and all administrative employees of said
institutions for a term of not exceeding four years. The Board shall have the
power and authority to terminate any such contract at any time for malfeasance,
inefficiency, or contumacious conduct, but never for political reasons. It shall be
the policy of the Board to permit the executive head of each institution to
nominate for election by the Board all subordinate employees of the institution
over which he presides. It shall be the policy of the Board to elect all officials for
a definite tenure of service and to reelect during the period of satisfactory
service. The Board shall have the power to make any adjustments it thinks
necessary between the various departments and schools of any institution or
between the different institutions.
Miss. Code Ann., Section 37-101-15(F), as amended.
(See Section 201.0605 and Section 301.04, D.)
Never for political reasons??
The Board shall have the power and authority to elect heads of the various
institutions of higher learning and to contract with all deans, professors, and
other members of the teaching staff and all administrative employees of said
institutions for a term of not exceeding four years. The Board shall have the
power and authority to terminate any such contract at any time for malfeasance,
inefficiency, or contumacious conduct, but never for political reasons. It shall be
the policy of the Board to permit the executive head of each institution to
nominate for election by the Board all subordinate employees of the institution
over which he presides. It shall be the policy of the Board to elect all officials for
a definite tenure of service and to reelect during the period of satisfactory
service. The Board shall have the power to make any adjustments it thinks
necessary between the various departments and schools of any institution or
between the different institutions.
Miss. Code Ann., Section 37-101-15(F), as amended.
(See Section 201.0605 and Section 301.04, D.)
Never for political reasons??
1
Posted on 3/24/15 at 10:44 am to TSUNRebel
quote:
The Board shall have the
power and authority to terminate any such contract at any time for malfeasance,
inefficiency, or contumacious conduct, but never for political reasons.
Does this mean the Board has to reelect Jones if there is no evidence of "malfeasance, inefficiency, or contumacious conduct?" Or does it only mean the Board can fire him at any time for those reasons? For what it's worth, "contumacious conduct" means "willfully stubborn and disobedient conduct" that is "commonly punishable as contempt of court."
There is also another provision to consider. The Board "shall...reelect [all officials] during the period of satisfactory service." Does that mean the Board can fire Jones if they find that his service is unsatisfactory?
Unless the IHL review setup is somehow different than other administrative bodies (I can't imagine how it could be, but I just don't know), I think this will end up being resolved in court. The question is which standard applies: the "malfeasance, inefficiency, or contumacious conduct" standard, or the "satisfactory service" standard? I think it has to be the first standard. The second one is too vague and subjective. If that's how it ends up, Jones will probably have a pretty good argument that the Board's decision was not supported by substantial evidence.
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