Members of the current University of Louisville Board of Trustees didn’t need to show up for the board meeting scheduled for Thursday morning. Nor for any other meetings in the future for that matter.
The board meeting was cancelled, along with with the finance meeting, and the individuals serving as board members have effectively been removed. The second time in a year they have been relieved, this time for keeps.
With urging from Governor Matt Bevin, the Kentucky Legislature has passed legislation effectively abolishing the current board and the one that temporarily replaced it last year. The Governor really had no choice because the squabbling had continued and led to the school being placed on accreditation probation.
The current board was unable to conduct a search for a new President because of a settlement of lawsuit challenging the minority composition. Former Governor Steve Beshear had ignored racial and political guidelines, making the board effectively illegal, creating major conflicts while also ousting former President Jim Ramsey.
State Representative Jerry Miller (R-Louisville), who chaired a hearing on House Bill 12 on new procedures, believes the legislation will get UofL off probation as quickly as possible. In a communication to this constituents, Miller wrote, “the Southern Association of Colleges and Schools (SACS) has never questioned the power of legislatures to act in such matters. SB 12 does the following:
- Addresses the probation status.
- A newly established board will be transferred powers, ensuring the University will not go without a board of trustees.
- The Council on Postsecondary Education’s Nominating Committee will be required to submit 30 nominations, from which Gov. Bevin must appoint 10.
- Requires Senate confirmation of all appointments to the board, (SACS was surprised KY didn’t require this already), sets terms for members, specifies how to determine proportional minority representation on the boards and provides procedures for vacancies.”
Some faculty and student leaders had suggested that the Governor’s best course of action over time would have been to appoint seven Republican members, including two minority members.
Not an option since the terms of at least three of the more contentious members of the existing board did not expire until 2019 or later. Too many venom between board segments. Communications were strained and no significant action was possible. Similar circumstances over the past three years made the board dysfunctional.
These circumstances have been given short shrift by the Southern Association of Colleges and Schools (SACS), ignoring the rancor that existed, choosing to focus on Governor Bevin, accusing him of removing the board without due process. The reality was that the only options available to Bevin was to let a bad situation continue to fester or to take decisive action on behalf of the University.
By ignoring the reality of the situation and placing the institution on probation, SACS has clumsily embarrassed the University and damaged the school’s reputation. Further, SACS has exposed itself as an association influenced by political ideology and political posturing.
A real concern is that SACS may have relied more heavily on media coverage in the Courier-Journal than independently investigating the situation or interviewing board members and other affected parties. The organization has ignored the negative impact of the actions of the previous Governor, Steve Beshear, who consistently violated guidelines on board appointments, willfully disrespecting the process and ensuring conflict.
SACS should be fair and accountable to the 22,000-plus students, faculty and staff at the University of Louisville, and the even larger number of alumni, and their families, respecting all that had gone into putting UofL on an unprecedented trajectory. The Governor and the Legislature have taken the appropriate steps on behalf of the University, and those actions should be recognized and respected.