§ 59-117-40 — Board constituted body corporate and politic; powers.

The board of trustees of the University of South Carolina is and is hereby constituted a body corporate and politic, in deed and in law under the name of the University of South Carolina. Such corporation has the following powers: (1) To have perpetual succession; (2) To sue and be sued by the corporate name; (3) To have a common seal and to alter it at pleasure; (4) To make contracts and to have, to hold, to purchase and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are deemed by it as surplus property or not further needed and any buildings that it may need to do away with for the purpose of making room for other construction. All such powers shall be exercised in a manner consistent with the provisions of Chapter 35 of Title 11 of the 1976 Code. (5) To appoint a chairman of the board of trustees and to appoint a University president, treasurer and secretary, and in the appointment of these latter three to prescribe their duties and their terms of office and to fix their compensation; (6) To appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors and other employees prescribing the terms of their employments, their duties, and fixing their compensations; (7) To make bylaws and all rules and regulations deemed expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States; (8) To condemn land for corporate purposes as provided in Section 59-117-70; (9) To fix tuition fees and other charges for students attending the University, but these shall not be inconsistent with statutes where the legislature undertakes to fix such fees and charges; (10) To confer degrees upon students and such other persons as in the opinion of the board of trustees may be qualified to receive them; (11) To accept, receive and hold all moneys or other properties, real and personal, that may be given, conveyed, bequeathed or devised to the University and to use them for the benefit of the University but in those cases where such money or property is received charged with any trust then in every case such money or property shall be held and used strictly in accordance with the terms of such trust; provided, however, where the terms of any such trust would require something to be done other than merely to administer the trust no obligation in receiving the trust over and above merely its administration shall be binding upon the University or the State except such as are accepted by the General Assembly; (12) To assign any member of the faculty to additional duties in any other University department than that in which the faculty member may at the time be working and without additional salary; (13) In all investigations touching the affairs of the University the board of trustees is invested with full powers to compel by subpoena, rule and attachment witnesses to appear and testify and papers to be produced and read before such board; (14) To adopt such measures and make such regulations as may in the discretion of the board of trustees be necessary for the proper operation of the University; (15) To appoint for the University a board of visitors of such number as the board of trustees may deem expedient, and to regulate the terms during which the members of such board shall serve, and to prescribe the functions of such board of visitors; (16) To remove any officer, faculty member, agent or employee for incompetence, neglect of duty, violation of University regulations, or conduct unbecoming a person occupying such a position; (17) To appoint an executive committee not exceeding six members of the board who have all the powers of the board during the interim between meetings of the board but not the power to do anything which is inconsistent with the policy or action taken by the board. The executive committee at each meeting of the board shall report fully all action taken by it during the interim; and (18) To appoint committees of the board of trustees or officers or members of the faculty of the University, with such power and authority and for such purposes in connection with the operation of the University as the board of trustees may deem wise.

Legislative History

HISTORY: 1962 Code SECTION 22-104; 1952 Code SECTIONS 22-104, 22-106, 22-109 to 22-112, 22-115, 22-119; 1942 Code SECTIONS 5715, 5717, 5719 to 5721, 5723, 5726, 5729; 1932 Code SECTIONS 5715, 5717, 5719 to 5721, 5723, 5726, 5729; Civ. C. '22 SECTIONS 2778, 2780, 2782 to 2784, 2786, 2789, 2792; Civ. C. '12 SECTIONS 1847, 1849, 1851 to 1853, 1855, 1857, 1860; Civ. C. '02 SECTIONS 1261, 1263, 1265 to 1267, 1269, 1271; R. S. 1097, 1099, 1101, 1102, 1104, 1106, 1108; 1899 (23) 105; 1900 (23) 358; 1906 (25) 16; 1953 (48) 368; 1964 (53) 1918; 1981 Act No. 114, SECTION 12; 1989 Act No. 118, SECTION 1.