It's likely few of the 63 regular members of the Syracuse University Board of Trustees have read the by-laws of the governing body of this longstanding institution.  As with most agencies, by-laws typically gather dust from year to year. They get brushed off when an entity is in crisis.  Certainly what Syracuse University is now enduring is a crisis worthy of examining those by-laws as the Board of Trustees looks for guidance on how to operate.

There are several key sections that could decide how these policy makers move forward with the review of the Bernie Fine scandal and any punishment that derives from it. 

First off the full board held its semi-annual meeting just five days before this crisis broke on Thursday, November 17th.  So there is not another full board meeting on the schedule until early May. However, the by-laws have several provisions that could bring Trustees back to campus for face to face sessions. They also allow for options involving phone, e-mail or video conference.

A Special Meeting could be called by Chairman Richard Thompson with the consent of just three other Trustees if the "interests of the University" require it.  He could also be compelled to call a Special Meeting if six Trustees ask for one in writing.

A Special Meeting of the 16 member Executive Committee could also be called.  That would require a request from just two members of the Executive Committee.  That is the smaller group that meets seven or more times to year to dig into more routine university business.

Why would either of these meetings be called?  The by-laws designate the Board of Trustees as responsible for two key pieces of university business.  The Board executes all contracts and also appoints the Chancellor.

All three key administrators involved in the basketball program and athletic department have expensive contracts that were approved by the Board of Trustees. That includes Coach Jim Boeheim, Athletic Director Darryl Gross and Chancellor Nancy Cantor.  The most recent financial filings show those contracts were worth the following annual total compensation in 2009: Jim Boeheim $1.5 million, Darryl Gross $575,227 and Nancy Cantor $895,025.  Any discipline or dismissal would have to be carefully considered against the details and values of each contract.

Chancellor Cantor's responsibilities also come into play when reading the by-laws.  Article VII, Section 1 spells out her broad duties within the campus community. Included among them the Chancellor "shall have direction of and general responsibility for all matters of discipline and general order and welfare of the students."   That phrase could prove critical in the review of her oversight of the 2005 university investigation into the claims made by Bobby Davis against assistant basketball coach Bernie Fine.

It is often said the devil is in the details.  In this case it might actually be lurking in the by-laws of the Board of Trustees.

Any questions or comment please forward them to mattsmemo@CNYcentral.com.   I may even use some of your thoughts on NBC 3 News at 5:00,  the 10:00 News on CW6 or on CNYcentral.com.                                 

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