No member of the faculty of any state educational institution shall be removed during the term for which he is elected or appointed, except for cause, following notice and an opportunity for a hearing under rules adopted by the board of regents of his institution. No secretary or treasurer of any state educational institution except those supported in whole or in part by United States appropriation shall receive any compensation as secretary or treasurer.
History: Laws 1897, ch. 72, § 5; C.L. 1897, § 4181; Code 1915, § 5163; C.S. 1929, § 130-1313; 1941 Comp., § 55-2803; 1953 Comp., § 73-30-3; 1991, ch. 178, § 1.
ANNOTATIONSThe 1991 amendment, effective June 14, 1991, added the present catchline; deleted "president or" preceding "member" and substituted "following notice and an opportunity for a hearing under rules adopted" for "and after trial" in the first sentence; and made minor stylistic changes throughout the section.
Employee must comply with internal grievance procedures. — An employee must substantially comply with mandatory internal grievance procedures contained in an employee manual or handbook before filing suit for breach of contract claims based on an alleged failure of an employer to follow its employment policies. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Where a university manager was terminated by the university; the manager did not follow the grievance process contained in the university's employee handbook by filing a grievance; the handbook governed the manager's employment with the university; and the manager filed an action in district court for breach of contract and wrongful termination alleging that the employee handbook created a contract and that the university breached the contract by failing to abide by the handbook's policies and procedures governing workplace performance, disciplinary action, a harassment-free workplace, employer-employee relations, progressive discipline and by disciplining the manager without just cause, the manager's claims were barred because the manager failed to exhaust the handbook's internal grievance procedures before filing the breach of contract action based on an alleged failure of the university to follow policies in the handbook. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Summary dismissal void. — An attempted summary dismissal of the president of a university, without formal charges having been made, without giving him an opportunity to be heard, and without any trial whatever, is an absolute nullity. Eyring v. Board of Regents, 1954-NMSC-123, 59 N.M. 3, 277 P.2d 550.
Further action not barred. — The fact that an attempted dismissal of president was a nullity does not bar the board from further action against the president if conducted according to law. Eyring v. Board of Regents, 1954-NMSC-123, 59 N.M. 3, 277 P.2d 550.
Suit against state. — A claim for damages because of an alleged malicious breach of contract and the resulting damage to reputation sounds in tort and is really against the state. Such an action may not be maintained against the state without its consent. Eyring v. Board of Regents, 1954-NMSC-123, 59 N.M. 3, 277 P.2d 550 (decided prior to enactment of the Tort Claims Act, §§ 41-4-1 et. seq. NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 11 to 16.
Dismissal or rejection of public schoolteacher because of disloyalty, 27 A.L.R.2d 487.
Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 A.L.R.3d 1047.
Construction and effect of tenure provisions of contract on statute governing employment of college or university faculty member, 66 A.L.R.3d 1018.
Academic peer review privilege in federal court, 85 A.L.R. Fed. 691.
14A C.J.S. Colleges and Universities §§ 16, 19, 25.