D.C. Code § 38-1202.01

Current through codified legislation effective October 30, 2024

Section 38-1202.01 - Establishment of Board of Trustees and University

(a) There is established a body corporate by name of the Board of Trustees of the University of the District of Columbia, which by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties authorized by this section, and §§ 38-1202.06 and 38-1204.03, including the power to:

(1) Adopt, alter, and use a corporate seal, which shall be judicially noticed;

(2) Make contracts;

(3) Sue and be sued;

(4) Complain and defend in its name in any court of competent jurisdiction;

(5) Make, deliver, and receive deeds, leases, and other instruments;

(6) Take title to real and other property in its name;

(7) Adopt, prescribe, amend, repeal, and enforce bylaws, rules, and regulations it considers necessary for the governance and administration of the University; and

(8) Procure and contract for goods and services.

(b) There is hereby authorized to be established an independent agency of the government of the District of Columbia known as the University of the District of Columbia which shall be governed by the Board of Trustees as established in subsection (a) of this section.

(c) The Board of Trustees shall consist of 15 voting members selected in the following manner:

(1) Eleven members shall be appointed by the Mayor with the advice and consent of the Council.

(2) One member shall be a full-time student in good standing at the University elected by secret ballot by the student community at an election at which each registered student at the University shall be entitled to one vote.

(3) Each of the 3 remaining members shall be a holder of a degree from the University of the District of Columbia or from one or more of its predecessor institutions, including Miner Teachers College, Wilson Teachers College, District of Columbia Teachers College, Washington Technical Institute, or Federal City College, and shall be elected by a postal ballot election at which each living person who holds a degree from any of the foregoing institutions shall be sent a ballot and shall be entitled to vote.

(4) The Board of Trustees shall be responsible for the efficient and fair conduct of the elections for student and alumni Trustees pursuant to paragraphs (2) and (3) of this subsection. The elections shall be governed by election rules adopted by the Board of Trustees in accordance with subchapter I of Chapter 5 of Title 2. The initial rules shall be adopted by the Board of Trustees within 100 days of February 27, 1990, and shall include provisions for nomination of candidates by petition and may also provide for a nominating committee which, if it is appointed, shall submit for inclusion on the ballot twice as many names of nominees as there are positions to be filled. The Board of Trustees may, in its discretion, seek and receive advice and assistance from the Board of Elections and Ethics in preparing the election rules. The Board of Elections and Ethics may, by agreement with the Board of Trustees of the University, furnish other assistance requested by the Board of Trustees.

(c-1) Four of the 11 Trustees appointed by the Mayor with the advice and consent of the Council may be nonresidents of the District of Columbia. At least 7 of the 11 Trustees shall reside in the District of Columbia at the time of their confirmation by the Council. The Mayor shall submit the names of District residents and nonresidents in a proportion to comply with the provisions of this subsection, when submitting nominees to the Council.

(d) All terms on the Board of Trustees shall begin on May 15. The student member elected pursuant to subsection (c)(2) of this section shall serve for a term of one year. The term for all of the other members shall be 5 years. Depending on the date of his or her election or appointment, a member of the Board may actually serve a partial term.

(e) A member of the Board of Trustees who is elected as an alumnus or alumna pursuant to subsection (c)(3) of this section, including for a partial term, may be re-elected to serve one additional term, after which the individual may not again be elected pursuant to subsection (c)(3) of this section until 5 years have passed since his or her last day of service on the Board.

(f) A member of the Board of Trustees who is appointed pursuant to subsection (c)(1) of this section may serve 3 consecutive terms, including partial terms. No member shall serve more than 15 consecutive years regardless of whether elected or appointed, or both, and shall not serve thereafter until 5 years have passed since his or her last day of service on the Board.

(g) Each member of the Board of Trustees serving on February 27, 1990, shall continue to serve until May 15th following the conclusion of his or her previously established term.

(h) Repealed.

(i) Repealed.

(j) A chairperson and a vice-chairperson of the Board of Trustees:

(1) Shall be chosen by a majority vote of the Trustees;

(2) Shall serve as chairperson or vice-chairperson until May 15 next following his or her election to that office; and

(3) May be re-elected as chairperson or vice-chairperson if still a member of the Board of Trustees.

(k) A member of the Board of Education shall not serve as a Trustee of the University. Except as provided in subsection (l) of this section a paid officer or employee of the University of the District of Columbia shall not serve as a Trustee. A retired officer or employee of the University of the District of Columbia, shall, however, be eligible to serve as a Trustee. A Trustee shall forfeit his or her membership on the Board upon failure to maintain the qualifications required by this subsection.

(l) The Chief Executive Officer of the University shall be a non-voting ex officio member of the Board of Trustees.

(m) Repealed.

(n) Repealed.

D.C. Code § 38-1202.01

Amended by D.C. Law 23-242, § 2 , 68 DCR 003664, eff. 3/16/2021.

Amended by D.C. Act 23-405, § VI-605 , 67 DCR 9400, eff. 8/19/2020.

Oct. 26, 1974, 88 Stat. 1424, Pub. L. 93-471, title II, § 201; Sept. 9, 1975, D.C. Law 1-12, §3(a), (b), 22 DCR 1806; Nov. 1, 1975, D.C. Law 1-36, § 4, 23 DCR 2911; Apr. 6, 1977, D.C. Law 1-99, § 2(b), 23 DCR 8729; Feb. 27, 1990, D.C. Law 8-69, § 2, 36 DCR 7737; Oct. 15, 1993, D.C. Law 10-38, § 2, 40 DCR 5819; Aug. 1, 1996, D.C. Law 11-152, § 301(b), 43 DCR 2978; Apr. 12, 1997, D.C. Law 11-259, § 314(a), 44 DCR 1423; May 23, 2000, D.C. Law 13-116, § 2, 47 DCR 1998; Mar. 2, 2007, D.C. Law 16-191, § 3, 53 DCR 6794; Mar. 8, 2011, D.C. Law 18-286, § 2(a), 57 DCR 11012; May 27, 2020, D.C. Act 23-326, § 605(a), 67 DCR 0.

Section 606 of D.C. Act 23-296 provided that: (a) In Fiscal Year 2020, of the funds allocated to the Non-Departmental Account, $1, up to a maximum of $1.5 million, shall be transferred to the University of the District of Columbia ("UDC") to match dollar-for-dollar the amount UDC raises from private donations by May 1, 2020, and (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less than one-third of the funds shall be deposited into UDC's endowment fund.

Section 4082 of D.C. Law 23-16 provided that: (a) In Fiscal Year 2020, of the funds allocated to the Non-Departmental Account, $1, up to a maximum of $1.5 million, shall be transferred to the University of the District of Columbia ("UDC") for every $2 that UDC raises from private donations by April 1, 2020, and (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less than one-third of the funds shall be deposited into UDC's endowment fund.

Section 4152 of D.C. Law 21-160 provided that: (a) In Fiscal Year 2017, of the funds allocated to the Non-Departmental agency, $1, up to a maximum of $1.5 million, shall be transferred to the University of the District of Columbia ("UDC") for every $2 that UDC raises from private donations by March 1, 2017, and (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, two-thirds of the funds shall be deposited into UDC's endowment fund.

Board of trustees candidates, disclosure of interests, see § 1-1106.02 . Mayoral nomination of Board of Trustees of the University of the District of Columbia, review and approval of Council, see § 1-523.01 . University of the District of Columbia, credits and refunds for overpayments, see § 47-1812.11 . .