Ex-provost’s lawsuit is latest in line of allegations against UNC-Chapel Hill trustees
Welcome to Dean’s List, a higher education newsletter from The News & Observer and me, Korie Dean.
Former UNC-Chapel Hill Provost Chris Clemens last week sued the university’s Board of Trustees over a host of alleged violations of the state’s open-meetings and public-records laws.
The lawsuit accuses the board of “systematically hiding matters of grave public concern behind closed doors” by meeting in closed session for reasons that are not permitted in state law; conducting deliberations over text messages without giving proper notice or access to the public; and “deliberately communicating” about public business on platforms that automatically delete messages in order to “evade records retention and public inspection.”
“The result is the same each time — less transparency, less accountability, erratic governance, and a steady erosion of public trust in the nation’s first public university,” the suit reads.
That a former top-ranking university official is suing the board is undoubtedly significant and noteworthy; one media attorney told The N&O that Clemens’ stature “raises the stakes” for the lawsuit and its possible outcomes.
But the suit isn’t the first time the UNC board has faced allegations like these.
In this week’s newsletter, I’ll cover notable instances in which the board has similarly been accused of skirting its authority — and the law.
Also included:
- Additional reporting on Clemens’ lawsuit;
- A change to North Carolina’s law on accreditation, approved last week;
- and more.
A look at previous actions against UNC trustees
Just in the time I’ve been covering higher ed — about two and a half years — the UNC trustees:
- Have been reminded by the UNC System president, Peter Hans, and then-Board of Governors Chair Randy Ramsey that trustees should serve “in an advisory capacity to the Board of Governors and the chancellor” and should not direct “matters of administration or executive action.” Those directions came in a Jan. 12, 2024, memo that also stripped the board of some of its authority over personnel actions. Trustee Ralph Meekins, who brought the memo to light at a March 2024 meeting, said at the time the communication was “telling us to stay in our lane,” though then-board Chair John Preyer disputed that characterization.
- Have been sued by attorney David McKenzie — who is now representing Clemens — for allegedly violating open-meetings law after the trustees apparently discussed athletics and related financial matters during closed session. The university settled with McKenzie for $25,000, and the terms of the agreement required Preyer to publicly commit to following the law at a Board of Trustees meeting last September.
- Have again been stripped of a number of powers over the university’s athletic programs — a move intended to rein in “independent and unilateral actions” from some trustees that overstep the board’s official and designated authority. Hans took that action in a Jan. 16 memo this year, following the hiring of Bill Belichick to coach the university’s football team. The search was a high-profile one — not just for the legendary coach it yielded and the price tag the hire came with, but for allegations that trustees acted out of turn during the process.
The trustees have also taken several actions that critics say went beyond their authority, including:
- Directing university officials in January 2023 to “accelerate” the development of the School of Civic Life and Leadership.
- Banning the consideration of race in hiring decisions, following the U.S. Supreme Court striking down affirmative action in admissions; and
- Texting admissions officials about some applicants’ status on the waitlist.
Talking to reporters after last week’s Board of Trustees meetings, Chancellor Lee Roberts and Chair Malcolm Turner spoke about whether they believe there is a pattern that needs to be addressed.
Roberts spoke fairly positively about the board: “I’d just say the board is a group of really hard-working, committed volunteers. Most of them are alums. A lot of them are parents who have the best interest of the university at heart. That doesn’t mean everyone’s always going to agree on everything, and that’s part of the purpose of a board,” he said.
Asked whether, as the board’s new chair, he would take steps to ensure the board stayed in its lane, Turner said the trustees are “always aware” and “always reminded” of their role.
“I also believe that this is a volunteer board. It’s a working board. It’s a board that gives a lot of its time and service to this institution,” Turner said. “But certainly we’re aware of our role — our lane, if you will — and often remind each other of that.”
Also worth noting: In a statement about Clemens’ lawsuit, Turner called the move a “baseless assault” and said the former provost’s “claims will not withstand scrutiny.”
ICYMI: Catch up on these headlines
If you missed my initial story on Clemens’ lawsuit, you can find that here: Former UNC provost sues university, trustees over alleged open meetings violations
And I wrote another story detailing allegations that Clemens himself has used Signal. You can find that reporting here: Ex-UNC provost suing over trustees’ Signal messages allegedly used the app himself
Bill nixes requirement to switch accreditors
The General Assembly was back in session last week, considering a flurry of bills related to crime, political violence, Helene relief and more.
House Bill 358, which passed both chambers and now sits on Gov. Josh Stein’s desk, would repeal the provision of a 2023 law that prohibits UNC System schools and community colleges from receiving accreditation from the same agency in consecutive cycles. (In other words, under those soon-to-be-defunct requirements, the schools have to switch accreditors every 10 years.)
The 2023 law was nearly identical to one in Florida, which was approved there in 2022. The states have been the only two in the country with such requirements of its colleges and universities.
The change in North Carolina comes as the UNC System and a handful of states are seeking to establish the Commission for Public Higher Education, a new accreditor that will solely include public colleges and universities.
Hans previously told me, as CPHE was being formally announced, that he was “hopeful” North Carolina legislators would consider repealing the switch requirement, given there were “quality alternatives” to the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), which has been the longstanding accreditor of schools in the UNC System and has been caught in political crosshairs in recent years.
“And that’s our hope, to establish one,” Hans told me in June.
HB 358 also updates the 2023 law to list CPHE as one of seven “preferred” accreditors from which colleges and universities must seek accreditation.
When I spoke to him recently after a Board of Governors meeting, Hans maintained — as he’s said before — he does not intend for UNC System schools to be required to seek their accreditation from CPHE. In June, though, he said the goal is “to make it so highly appealing that the choice will be clear for our public universities.”
Higher ed news I’m reading
- The new president of SACSCOC is committing to offering greater accountability and transparency for the agency, Inside Higher Ed reports. And he says he welcomes the competition created by CPHE.
- Bolstered by its significant cost-cutting measures implemented this year, Duke University now anticipates operating under a budget surplus through 2030, The Duke Chronicle reports.
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