VIRGIN ISLANDS CODE

ANNOTATED 1998



Titles: 17 & 18

Chapter 33

College/University of the Virgin



Islands Charter



(Pgs. 139 — 171)

ra



Chapter 33. University of the Virgin Islands



SECTION ANALYSIS



451.

452.

455.



460.

461.



462.

463.

464.

4685.



466.

467.

468.



469.



470.

471.

472.

473.

ATA.

478.

476.



Establishment of University; objectives; nondiscrimination

Location of University; branches



Board of Trustees as body politic; powers and functions gener-

ally



Specific powers and duties of University



Composition of Board, appointment, election and term of mem-

bers



Specific functions of Board; Chairman; meetings; delegation of

powers



President as chief executive officer; appointment of personnel,

appeals from suspensions or dismissals



Academic freedom and civil rights of personnel



Exemption of University’s property from executions, liens or

taxes



Issuance of bonds; terms and conditions generally



Maturity of bonds; interests; sales; validity; actions involving

bonds



Powers of University with respect to bonds or obligations

Rights of obligee



Conferment of additional rights upon obligee; receiver

Investment of public or private funds in bonds or other obliga-

tions



Provisions permitted in contracts with Federal Government

Cooperation by Government °



Power to render assistance by taxes, appropriations, borrow-

ings, bonds, etc.



Interest of trustees and others in projects; duty to disclose;

violation



Morris F. de Castro Chair in Government



Free tuition for veterans



Physical examination for veterans waived



National Guard tuition exemption



Small Business Development Center



Senior citizen tuition reduction



Valedictorian and Salutatorian Scholarships to the University of

the Virgin Islands



139



tees ©

T.17 EDUCATION Ch. 33



HIsTory



Amendments—1986. Act Oct. 14. 1986, No. 5207, § 7. Sess. L. LUNG, p. 249, substituted

“University of the Virgin Islands” for “College of the Virgin Islands” in the chapter heading.



—1962. This chapter was added by Act March 16, 192. No. 852. § 1. Sess. L. 196”. p. 93. for

effective date, see note under section 451 of this title.



General amendment; change of name. Act Oct. 14, 1986, No. 5207. § 9, Sess. L. 1986, p.

249, provided: “Wherever the name ‘College of the Virgin [slands’ appears in the Virgin

Islands Code or other statutes of the Virgin Islands in other than an historical sense, the same

is amended to read ‘University of the Virgin Islands’”.



Designation of agency for participation in Higher Education Facilities Act of 1963

(PL. 88-204). The Governor's Exec. Order No. 76-1965, dated und filed March 19. 1965, File

No. 362, VI. Register. Vol. VI, No. 1, March 30, 1965, Pt. [, p. 5. provided:



“Section 1. There is hereby established for the purpose of compliance with the provisions of

section 105 of Public Law 88-204 a State Commission broadly representative of the public and

of institutions of higher education to be known as the Virgin Islands Commission on Academic

Facilities which shall be composed of five members as follows: a resident from each of the

islands of St. Croix, St. John, and St. Thomas, and a representative of the Department of

Education of the Virgin Islands and the College of the Virgin Islands.



“Section 2. The Virgin Islands Commission on Academic Facilities shall be responsible for

the preparation of a State plan required for participation by the Virgin Islands in the program

established by Public Law 88-204 and the Commission is authorized and directed to all that is

necessary and proper for the fullest use by the Virgin Islands of the benefits conferred by the

provisions of said Public Law.



§ 451. Establishment of University; objectives: nondiscrimination



There is hereby established in the Island of St. Thomas, Virgin Islands,

as an instrumentality of the Government of the United States Virgin

Islands an institution to be known as “The University of the Virgin Islands”

the cardinal objectives of which shall be the stimulation and utilization of

the intellectual resources of the people of the Virgin Islands and the

development of a center of higher learning whereby and wherefrom the

benefits of culture and education may be extended throughout the Virgin

Islands, the Caribbean and other areas. No person shall because of race,

creed, color or national origin be deprived of the privileges of this

institution.—Added March 16, 1952, No. 852, $ 1. Sess. L. 1962. p. 93;

amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.



HISTORY



Revision notes. Substituted “University” for “College” following “Establishment of” in the

section catchline in light of Act Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986. p. 249. -

Inserted “United States” following “Government of the” in the first sentence.



Amendments—1936. Substituted “University of the Virgin Islands” for “College of the

Virgin Islands” in the first sentence.



Effective date of enactment. Section 3 (Sess. L. 1962, p. 96) of Act March 16, 1982, Nu. 252,

provided:



140

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS T.17 § 451



“This Act (this chapter] shall become effective upon the approval by the Secretary of the

Interior of the creation of this instrumentality in accordance with Section 16(a) of the Revised

Organic Act of the Virgin Islands of 1954, as amended [set out preceding title 1 of this Code].”

Such approval was given by the Secretary of the Interior on April 3, 1962. See note below.



Approval by Secretary of the Interior. According to communication of April 4. 1962, from

Hon. Richard F. Taitano, Director of the Office of Territories, United States Department of the

Interior, to Hon. Ralph M. Paiewonsky, Governor of the Virgin Islands, establishment of the

College of the Virgin Islands as an instrumentality of the Government of the United States

Virgin Islands, and of the creation of a Board of Trustees to manage the college (see section

453 of this title), was approved by Hon. Stewart L. Udall. Secretary of the Interior, on April

3, 1962. Action by the Secretary of the Interior was required by section 16(a) of the 1954

Revised Organic Act of the Virgin Islands, set out preceding Title 1 of this Code.



Powers of Governor; appropriation. Section 2 (Sess. L. 1962, p. 96) of Act March 16, 1962,

No. 852, provided:



“(a) The Governor of the Virgin Islands is hereby authorized to take all necessury steps,

including the hiring of interim personnel, to cause the College of the Virgin Islands to be

organized, and operated. The Governor is authorized to negotiate for the selection of a site for

the location of the College, to cooperate with and receive assistance from any persons, natural

or artificial, and governmental or other bodies, for the purpose of facilitating and expediting

the establishment of the College. There is hereby appropriated out of any available funds in

the Treasury of the Virgin Islands, to be expended at the direction of the Governor for the

foregoing purposes, the sum of $250,000 to remain available until expended without regard to

fiscal year limitations,



“(b) The Governor is further authorized to accept for the purposes of the College, bequests,

devises, gifts and contributions of any nature whatsoever, to hold title to the same in trust for

the College of the Virgin [slands, to deposit, hold and dispose of the same for the purposes of

che College until such time as its organization as an operating entity is satisfactorily advanced,

and to take all such steps as shall be necessary and appropriate to the effective safekeeping

and utilization of such monies until such time as the Board is appointed and qualified. The

Governor shall submit a quarterly accounting of all such monies received, and handled and

managed by him to the Legislature.”



Virgin Islands College Commission. Act June 13, 1960, No. 599, Sess. L. 1960, p. 109, as

amended by Acts Nov. 23, 1960, No. 648, Sess. L. 1960. p. 198; May 16, 1961, No. 671, Sess. L.

1961, p. 25. provided for the creation of a temporary commission known as the “Virgin Islands

College Commission”, comprised of the members of the Board of Education, the Commis-

sioner of Education, and five citizens appointed by the Governor, with the chairman of the

Commission to be named by the Governor. for the purpose of preparing plans and proposals

for the establishment of the Virgin Islands College. and requiring the Commission to submit

a report with recommendations to the Governor not later than February 15, 1961, appropri-

ated the sum of $10,000 for the fiscal year July 1, 1960-June 30, 1961, for expenditure by the

Commission, to be available until expended: and provided that the Commission shouid be

dissolved upon expiration of the term of the Fourth Legislature of the Virgin Islands. Act June

12, 1961. No. 734. Sess. L. 1961, p. 82, reappropriated. for obligation and expenditure during

the fiscal vear July 1, 1961-June 30, 1962, all unobligated balances, as of June 30, 1961. of the

appropriation made by the aforesaid Act May 16, 1961, No. 671, for the purpose for which such

appropriation was made.



Teacher education and educational development. Act April 1. 1966, No. 1662. § 1. Sess.

L. 1966, p. 125. provided:



141

TT § 451 EDUCATION Ch. 33



“Section 1. The Governor is hereby authorized to negotiate an agreement or agreements

with the Cuilege of the Virgin Islands and a College or University in the United States for a

program of teacher education and educational development for the purpose of improving

educational quality, decreasing the rate of teacher turnover. improving student performance,

und generally for upgrading the quality of the public education program of the Virgin Islands;

Provided, That the agreement herein authorized to be negotiated shall be subject to the

approval of the Legislature of the Virgin Islands.”



Section 2 of said Act appropriated $210,000 for such purpose.



Agreement with New York University approved. Tripartite agreement between Govern-

ment of the United States Virgin Islands, the College of the Virgin Islands, and New York

University relating to a teacher education program, as negotiated pursuant to Act No. 1662

(see note above), was approved by Act June 15, 1966, No. 1763, Sess. L. 1966, p. 343.



CROSS REFERENCES ;



The University of the Virgin Islands Fund, establishment, etc., see section 491 et seq. of this

title.



ANNOTATIONS



1. Nature of advanced education. Education beyond the secondary level, while not

generally regarded as wholly public, is a public activity within the Virgin Islands. 6 V.I.Op.A.G.

127,



2. Compensation of faculty. When acting as delegates to the Constitutional Convention,

faculty members of the College of the Virgin Islands (now University of the Virgin Islands) are

government employees and entitled to their ordinary compensation for that time and for such

times as they are certified by the President of the Convention as set forth by law. 8 VI.Op.A.G.

93.



§ 452. Location of University; branches



The location of the University and its principal place of business shall be

in the island of St. Thomas but it may have such other offices and places of

business in such other locations as the Board of Trustees may decide from

time to time.—Added March 16, 1962, No. 852, § 1. Sess. L. 1962, p. 94.



History

Revision notes. Substituted “University” for “College” following “location of” in the

section catchline and in the text in light of Act Oct. 14, 1986, No. 5207, § 9. Sess. L. 1986, p.

249.



Effective date of enactment. Section as effective upon approval by Secretary of Interior

of creation of The College of the Virgin Islands, in accordance with section 16(a) of Revised

Organic Act of the Virgin Islands, see note under section 451 of this tide.



§ 453. Board of Trustees as body politic; powers and functions gener-

ally



(a) For the purposes of exercising general management and control of

the affairs of the University, the Board of Trustees, upon their appointment

or qualification as hereinafter provided in section 435 of this title, and their

successors, shall be and are hereby constituted a body politic and corporate



142

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS T.17T § 454



in the name and style “The University of the Virgin Islands” by such name

and style to have all the attributes, prerogatives, responsibilities and

functions appertaining to an institution of higher education, and to possess

and exercise in furtherance of its objectives all such other powers and

duties as hereinafter provided.



(b) Nothing in this chapter shall be construed as exempting the Univer-

sity of the Virgin Islands from any law made specifically applicable thereto

or generally applicable to independent instrumentalities of the Government

of the United States Virgin Islands, whether such law was enacted before,

on, or after the date of enactment of this subsection.—Added March 16,

1962, No. 852, § 1, Sess. L. 1962, p. 94; amended Feb. 14, 1980, No. 4407,

§ 2(d), Sess. L. 1980, p. 12; Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.



HISTORY



Revision notes. In subsec. (a), substituted “University” for “College” following “affairs of

the” in light of Act Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249



Inserted “United States” following “Government of the” in subsec. (b).



References in text. The date of enactment referred to in subsection (b) is February 14,

1980.



Amendments—1986. Subsection (a): Substituted “University of the Virgin Islands” for

“College of the Virgin Islands” following “name and style”.



Subsection (b): Substituted “University of the Virgin Islands” for “College of the Virgin

Islands” following “exempting the”. .



—-1980. Designated former provisions of the section as subsection (a) and added subsection

(b).



Effective date of enactment. Section as effective upon approval by Secretary of Interior

of creation of the College of the Virgin Islands, in accordance with section 16(a) of Revised

Organic Act of the Virgin Islands, see note under section 451 of this title.



Legislative purpose. Act Feb. 14, 1980, No. 4407, § 1, Sess. L. 1980, p. 12, provided: “It is

the purpose of this act [which amended this section] to provide that no independent

instrumentality of the Government shall be exempt from laws made specifically applicable

thereto, or generally applicable to independent instrumentalities of the Government of the

Virgin Islands.”



CROSS REFERENCES



The University of the Virgin Islands Fund. Board of Trustees of the University as body

politic in name and style of, and powers, see section 492 of this title.



§ 454. Specific powers and duties of University



In furtherance of its objectives, the University shall have the following

purposes, objects and powers:

(a) to have perpetual succession; to sue and to be sued; to enter into

contracts; to contract debts; to adopt and use a common seal and to alter

the same at will;



143

,



T.17 § 454 EDUCATION Ch. 33



(b) to provide instruction, conduct research and disseminate knowl-

edge in the liberal arts and sciences and such other branches of advanced

learning as the Board of Trustees may prescribe, and to confer such

academic degrees and honors as are usually conferred by similar institu-

tions;



(c) to acquire, own or possess Property, whether real, personal or of

any other nature whatsoever, or any interests in the same, by bequest,

devise, gift. purchase or lease, either absolutely or in trust, for any of its

purposes, and to use, sell, improve, manage, develop, lease, mortgage,

dispose of, or otherwise turn to account or deal with all or any part of its

property for such purposes;



(d) to prescribe regulations for the government of the University; to

employ a President and such other professional and nonprofessional

personnel of the University as may be necessary for the operation and

performance of its functions.



(e) to apply for and accept advances, loans, grants, contributions,

gifts, donations, appropriation of funds and other forms of financial

assistance from the Federal Government: from the Government of the

United States Virgin Islands by direct application to the Legislature,

subject to the approval of the Governor; or from any source, public or

private, for the purposes of this chapter, provided that allotment requests

shall be made by direct application to the Commissioner of Finance; and to

enter into and carry out contracts in connection therewith.—Added March

16, 1962, No. 852, § 1, Sess. L. 1962, p. 94; amended June 26, 1963, No. 1027,

§ 1, Sess. L. 1963, p. 383; Oct. 14, 1980, No. 4487, § 2, Sess. L. 1980, p. 206.



History



Revision notes. Substicated “University” for “College” in the section catchline, the

introductory paragraph, and following “government of the” and “personnel of the” in subsec.

(d) in light of Act Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.



Taserted “United States” preceding “Virgin Islands” in subsec. (e).



Amendments—1980. Subsection (e): Inserted “from” preceding “the Government of the

Virgin Islands”, “by direct application to the Legislature, subjec: to the approval of the

Governor” thereafter and “provided that allotment requests shall be made by direc:

application to the Commissioner of Finance” preceding “and to enter”, deleted “or other

public body or agency” preceding “or trom any” and substituted “source” for “sources”

thereurter.



—196:). Subsection (e): Added.



Effective date of enactment. Secsion as effective upon approval oy Seeretary of Interior

of creation of the Coilege of the Virgin Islands, in accordance with section 16(a) of Revised

Organie Act of the Virgin Islands. see note under section 431 of this title.



Designation of College as agency for the purposes of Demonstration Cities and

Metropolitan Development Act of 1964 (PL. T34]. The Governor's Exes. Order No.



144



tee Re

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS T17 § 455



109—1968, dated and filed Mar. 15, 1968, File No. 526. VI. Register Vol. IX. No. 2. Oct. 1968,

Pt. [, p. 1. designated the College of the Virgin Islands as the state agency for the purposes

of carrying out the provisions of Title IX of the Demonstration Cities and Metropolitan

Development Act of 1966 (RL. 754) as follows:



“NOW, THEREFORE. by virtue of the authority vested in me by section 11 of the Revised

Organic Act of the Virgin Islands. it is hereby ordered as follows:



“That the College of the Virgin Islands is hereby named and designated for the

purposes of carrying out the provisions of Title IV of the Demonstration Cities and

Metropolitan Development ‘Act of 1966 (BL. 754) as the State Agency in the U.S. Virgin

Islands to make available information and data on urban needs and assistance programs

and activities and to provide technical assistance to small communities with respect to the

solution of urhan problems: and it is further ordered



“That the College of the Virgin Islands shall serve as the State Agency in the US.

Virgin Islands to effectuate the purposes of Title [X as specifically set forth in section 901

and to receive grunts authorized under sections 902 and 903 of the Demonstration Cities

and Metropoiitun Development Act of 1966.



—Designation of College as agency for the purposes of Housing Act of 1964 (PL.

98-560]. The Governor's Exec. Order No. 110—1968. dated and filed Mar. 15, 1963, File No.

327, VIL. Register Vol. IX, No. 2, Oct. 1968, Pt. I, p. 2. designated the college of the Virgin

Islands as the Territorial Agency for the Agency for the purposes of carrying out the

provisions of Title VIII of the Housing Act of 1964 (BL. §8-560) as follows:



“NOW, THE REFORE, by virtue of the authority vested in me by section 11 of the Revised

Organie Act of the Virgin Islands, it is hereby ordered as follows:



“That the College of the Virgin [slands is hereby named and designated for the

purposes of carrying out the provisions of Title VIII of the Housing Act of 1964 (BL.

89-560) as the Territorial Agency in the U.S. Virgin Islands to administer training and

research programs in community development; and it is further ordered,



“That the College of the Virgin Islands shall serve as the State Agency in the US.

Virgin Islands to effectuate the purposes of Title VIII as specifically set forth in section

§01 and to receive grants authorized under section 902 of the Housing Act of 1964, as



amended.”



ANNOTATIONS



L. Finance. College of the Virgin Islands (now University of the Virgin Islands), an

instrumentality of the Government of the United States Virgin Islands. has the authority to

borrow money for the purpose of constructing two new educational facilides. 7 VI.Op.AG. 66.



§ 455. Composition of Board, appointment, election and term of

members

The Board of Trustees shall consist of seventeen members, as follows:



(1) The Chairman of the Board of Education of the Virgin Islands, the

Commissioner of Education and the President of the University shail be

members ex officio.



(2) The Governor shall appoint, by and with the advice and consent of

the Legislature, ten other members of the Board, at least seven of whom

shall be residents of the Virgin Islands. for terms of five years. Such

members may be removed for cause by the Governor.



143

T17 § 455 EDUCATION Ch. 33



(3) The Board of Trustees shall elect, in accordance with procedures

established in its bylaws, two additional members to the Board, at least one

of whom shall be a resident of the Virgin Islands, for terms of five years.

Said bylaws shall provide a method for removal of such members for cause.



(4) The student body of the University of the Virgin Islands shall elect

annually one student who shall serve as a voting member of the Board. The

student Board member shall be elected prior to the commencement of the

1988-89 school year and shall serve a one year term beginning September

1, 1988. The student member must be a resident of the Virgin Islands and

must be enrolled as a full-time student, in good standing with the

University and shall be elected alternately from each campus of the

University. The student member shall be either a Junior or Senior at the

time of his election to the Board.



(5) The teaching faculty of the University of the Virgin Islands shall

elect annually one full-time teaching faculty member who shall serve as a

voting member of the Board. The faculty Board member shall be elected

prior to the commencement of the 1988-89 school year and shall serve a one

year term beginning September 1, 1988. The faculty member shall be

elected alternately from each campus of the University.



(6) Any person appointed or elected to fill a vacancy occurring prior to

the expiration of the term for which his predecessor was appointed or

elected shall be appointed or elected only for the remainder of such term.

Each member shall serve until the appointment and qualification of his

successor; however, the Governor shall submit names of proposed new

Board members to the Legislature within thirty (30) days after the

expiration of the term of any Board member, or within sixty (60) days

where the vacancy being filled is for an unexpired term.—Added March 16,

1962, No. 852, § 1, Sess. L. 1962, p. 95; amended April 18, 1967, No. 1937,

Sess. L. 1967, p. 132; Dec. 23, 1968, No. 2372, Sess. L. 1968, Pt. II, p. 381;

Oct. 8, 1974, No. 3625, § 1, Sess. L. 1974, p. 241; June 1, 1984, No. 4951,

$ 4(a), (b), Sess. L. 1984, p. 153; Aug. 26, 1988, No. 5360, § 1, Sess. L. 1988,

p. 210. .



HISTORY



Revision notes. Substituted “University” for “College” following “President of the” in par.

(1) in light of Act Oct. 14. 1986, No. 5207, § 9, Sess. L. 1986, p. 249.



Amendments—198&. Substituted “seventeen” for “fifteen” preceding “members” in the

introductory clause, redesignated former par. (+) as par. (6) and added new pars. (4) and (5).



1984. Subdivision (2): Added the second sentence.



Subdivision (3): Added the second sentence.



—1974. Paragraph (4): Last sentence amended generally by providing for the submission of

proposed Board members to the Legislature.



146

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS T.17 § 457



—1968. Increased board membership from thirteen to fifteen and provided for election of

two members by Board of Trustees.



—1967. Increased total board membership from eleven to thirteen members. with ten,

rather than eight, members to be appointed by the Governor with udvice and consent of the

Legislature, of whom at least seven, rather than tive, shall be residents of the Virgin [slands;

and eliminated provisions for staggered terms, with respect to the initial appointments (of the

original eight appointed members), of two years for tvo members. three yeurs for two

members, four yeurs for two members, and five years for two members.



Effective date of enactment. Section as effective upon approval by Secretary of [ntercor

of creation of the College of the Virgin Islands, in accordance with section 16(a) of Revised

Organic Act of the Virgin Islands, see note under section {51 of this tide.



Initial student and faculty Board members. Act Aug. 28, 1988, No. 5360, § 2, Sess. L.

1988, p. 210, provided: “The first elected student Board member shall be from the St. Croix

campus and the first elected teaching faculty board member shall be from St. Thomas

campus.”



§ 456. Specific functions of Board; Chairman; meetings; delegation of

powers



(a) The Board in addition to exercising general management and control

of the affairs of the University, shall also have the following specific

functions:



(1) The determination of courses of study to be pursued.



(2) The granting of academic degrees and honors.



(3) The granting of sabbatical and other kinds of leave.



(4) The establishment of standards for scholarships for needy or

worthy students.



(o) The Board shall elect its own Chairman, and shall adopt bylaws for

the conduct of its own meetings. The Board shall meet at least twice

annually.



(c) The Board may delegate to the President its representation as well

as the exercise of the powers and responsibilities conferred upon it by this

title —Added March 16, 1962. No. 852, § 1, Sess. L. 1962. p. 95.



HISTORY



Revision notes. Substituted “University” for “Colleg2” following “affairs of the” in subsec.

(a) in light of Act Oct. 14, 1986, No. 5207, $ 9, Sess. L. 1986, p. 249. ,



Effective date of enactment. Section as effective upon aporoval by Secretary of Inter‘or

of creation of the College of the Virgin Islands, in accordance with section L6ia) of Revised

Organic Act of the Virgin Islands, see note under section 451 of this title.



ANNOTATIONS



Cited. Cited in Tonder v. MV The “Burkholder”, D.C.ViI. 1986. 22 VI. 251, 630 &. Supp. 691.

§ 457. President as chief executive officer; appointment of personnel:



appeals from suspensions or dismissals



(a) The President of the University shall serve as its chief executive

officer and shall have the power to appoint and remove all professors.



147



+ wee

T.17 § 437 EDUCATION Ch. 33



lecturers, instructors and all other professional and nonprofessional per-

sonnel in accordance with rules and regulations promulgated by the Board

of Trustees: provided. that any person dismissed or suspended by the

President shall have the right of appeal to the Board.



(b) All employees who hold permanent positions at the University shall

be covered in accordance with provisions of the Employees Retirement

System of the Government of the United States Virgin Islands; provided

that teaching, administrative faculty and other personnel who are eligible

for coverage by the Teacher’s Insurance and Annuity Association or other

similar retirement systems may either join the Government Employees

Retirement System or the Teacher's Insurance and Annuity Association or

other similar retirement system, or if such an employee has prior credited

service in the Government Employees Retirement System may upon

employment with the University elect to remain in the Government

Employees Retirement System cr join the Teacher’s Insurance and

Annuity Association or other similar retirement systems.—Added March

16, 1962, No. $52, § 1, Sess. L. 1962, p. 95; amended March 4, 1966, No.

1602. § 1, Sess. L. 1966, p. 74; March 29, 1966, No. 1658, § 1, Sess. L. 1966,

p. 122



HISTORY



Revision notes. Substituted “University” for “College” preceding “shall serve” in subsec.

(a), and preceding “shall be covered” and “elect to remain” in subsec. (b) in light of Act Oct.

14. 1986, No. 5207, § 9, Sess. L. 1986, p. 249.



Inserted “United States” preceding “Virgin Islands” in subsec. (b).



Amendments—-1983. Subsection (b): Amended generally.



—1966. Act March 4, 1966, No. 1602. § 1, designated former text as subsec. (a) and added

subsec. (b).



‘Act March 29. 1963, No. 1658, § 1, amended subsec. (b) by substituting “eligible for

coverage” for “aiready covered”.



Esfective date of enactment. Section as effective upon approval by Secretary of Interior

of creation of the College of the Virgin Islands, in accordance with section 16(a) of Revised

Organic Act of the Virgin Islands, see note under section 451 of this title.



Effective date of amendments—1956. According to section 2 of each Act, Nos. 1602 and

1653 became etfective March 27, 1966.



Retirement option for personnel of College of the Virgin Islands to elect membership

in Government Employees Retirement System; credit for service earned prior to election

of option. Act Dec. 17, 1983. No. 5113, § 2. Sess. L. 1985, p. 170, provided:



“Teaching, administrative faculty and other personnel of the College of the Virgin Islands

who are enrolled in the Teacher's Insurance and Annuity Associaticn or otner similar

retirement systems may vetnain in those systems or elect to enroll in the Goverament

Employees Retirement System. provided the employee is otherwise eligible for membership

under Title 3. section 703 of the Cude: and. provided further, the election to join the

Government Employees Retirement System shall be made within 60 days of the enactment of

this act (Dee. 17, 1985].



L48



or eeiee

Ch. 35 UNIVERSITY OF THE VIRGIN ISLANDS T.17 § 459



“an employee wishing to receive credit toward the service retirement annuity for service

eurned prior to the election to join the Government Employees Retirement System shall be

credited with past years employment at the College of the Virgin Islands upon payment of an

amount which equals the payments the employee would have paid into the system hud the

employee been 3 member of the system for the periud in which the credit is sought.”



ANNOTATIONS



1. Powers and duties. The President of the College of the Virgin Islands (now University



of the Virgin Islands) dves not have authority to sign a ten year leuse-purchase agreement at

a monthly rental of $3.210, but he would have authority to sign such an agreement if it were

based upon a condition that it would be subject to the availability of funds on an annual basis.



7 VLOp.AG. 253.

§ 458. Academic freedom and civil rights of personnel



The academic freedom of the teacher and the full enjoyment of his

political and civil rights is hereby guaranteed to all members of the

teaching, technical and administrative personnel of the University of the

Virgin Islands.—Added March 16, 1962, No. 852, § 1, Sess. L. 1962, p. 96;

amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.



HISTORY

Amendments—1936. Substituted “University of the Virgin Islands” for “College of the

Virgin Islands” following “personnel of the”.



Effective date of enactment. Section as effective upon approval by Secretary of Interior

of creation of the College of the Virgin Islands, in accordance with section 16(a) of Revised

Organic Act of the Virgin Islands, see note under section 451 of this title.



§ 459. Exemption of University’s property from executions, liens or

taxes



(a) All property of the University, including funds, shall be exempt from

judicial process of every kind, including, without limitation, attachment,

levy, execution and sale by virtue of an execution, and no judgment shall be

a lien or charge upon its property or funds: provided, that the provisions of

this subsection shall not apply to or limit the right of obligees of the

University to foreclose or otherwise enforce any mortgage Or other

security of the University or to pursue any remedies for the enforcement

of any lien or pledge given by the University upon its revenues, or to the

right of the Federal Government to pursue any rights conferred upon it by

Federal law. any contract, or the provisions of this chapter or chapter 35 of

this title.



(o) The property of the University acquired or held for its corporate

purposes is declared to be public property used for essential public and

governmental purposes, and such property, and the University, are exempt

from all taxes and special assessments of the Virgin Islands or of any taxing

authority or body therein.—Added June 26, 1963, No. 102%, § 2, Sess. L.

1963, p. 383.



149



sels meee,

TT § 459 EDUCATION Ch. 33



HISTORY

Revision notes. Substituted “University’s” for “College's” in the section catchline and

“University” for “College” throughout the section in light of Act Oct. 14. 1986, No. 5207, $ 9,

Sess. L. 1986, p. 249.

ANNOTATIONS



1. Maritime liens. Because of the need for uniformity for all admiralty law, College

property is not immune from salvage liens arising under maritime law. Tonder v. WV The

“Burkholder”, D.C.VUI. 1986, 22 VI. 231, 630 F. Supp. 691.



Because salvors should be encouraged to aid another vessel in distress, public policy

dictated that plaintiffs, who saved a College-owned boat when it was adrift, be able to assert

a salvage lien against the boat, notwithstanding subsection (a) of this section. Tonder v. M/V

The “Burkholder”, D.C.V.I. 1986, 22 VI. 231, 680 F. Supp. 691.



§ 460. Issuance of bonds; terms and conditions generally



(a) The University of the Virgin Islands shall have the power to issue

bonds from time to time in its discretion, for any of its corporate purposes

or projects including, without limiting the generality of the foregoing, the

undertaking of projects aided by the Community Facilities Administration

of the Housing and Home Finance Agency or under any other Federal

programs, and the planning and construction of one or more dormitories,

other housing facilities, dining facilities, health service buildings, gymna-

siums, auditoriums or theaters, field houses, stadiums, student union

buildings and recreational facilities, and any enlargements or improve-

ments thereto, on any campus of the University, together with the

necessary land and equipment. Such bonds may cover any project of the

University in connection with any of the foregoing items undertaken prior

to the enactment of this title. The University shall also have the power to

issue refunding bonds for the purpose of paying or retiring bonds

previously issued by it. The University may issue such types of bonds as it

may determine, including (without limiting the generality of the foregoing)

_ bonds on which the principal and interest are payable (1) exclusively from

the income and revenues of a project financed with the proceeds of such

bonds; (2) exclusively from income and revenues of certain designated

projects, whether or not they are financed in whole or in part with the

proceeds of such bonds; or (3) from its revenues generally.



(b) Any such bonds may be additionally secured by a pledge of any loan,

grant, or contribution, or parts thereof, from the Federal Government or

other source, or a pledge of any income or revenues of the University of the

Virgin Islands, or a mortgage of any project, or part thereof, or other

property of the said University.



(c) Neither the Board of Trustees of the University of the Virgin Islands

nor any person executing the bonds shall be personally liable on the bonds

by reason of the issuance of the bonds.



130

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS T.17 § 460



(d) The bonds and other obligations of the University (and the bonds and

obligations shall so state on their face), shall not be a debt of the Virgin

Islands (which may be referred to as the “state”) or any political subdivi-

sion thereof and neither the Virgin Islands nor any political subdivision

thereof shall be liable thereon, nor in any event shall such bonds or

obligations be payable out of any funds or properties other than those of

the University, and shall not constitute an indebtedness within the meaning

of any constitutional or statutory debt limitation or restriction.



(e) Bonds of the University are declared to be issued for an essential

public and governmental purpose and together with interest thereon and

income therefrom, are exempt from all taxes. The provisions of this chapter

exempting from taxation the University. its property and its bonds and

interest thereon and income therefrom. shall be considered part of the

security for the repayment of the bonds and shail constitute, by virtue of

this chapter and without necessity of being restated in the bonds, a contract

between the bondholders, and each and every one of them. including

transferees of said bonds from time to time, on the one hand. and the

University of the Virgin Islands on the other.



(f) For all purposes of this chapter, the term “bonds” as used in this

chapter shall be deemed to include notes.—Added June 26, 1963, No. 1027.

§ 2, Sess. L. 1963, p. 384; amended June 15, 1966, No. 1745, Sess. L. 1966.

p. 330; Oct. 14, 1986, No. 520%, § % Sess. L. 1986, p. 249.



HISTORY



Revision notes. Substituted “University” for “College” wherever it appeared in subsecs.

(a), (b), (d) and (e) in light of Act Oct. 14, 1986, No. 5207, $ 9, Sess. L. 1986, p. 249.



Amendments—1986. Subsection (a): Substituted “University of the Virgin [slands” tor

“College of the Virgin Islands” at the beginning of the first sentence.



Subsection (b): Substituted “University of the Virgin Islands” for “College of the Virgin

Islands” following “revenues of the”.



Subsection (¢): Substituted “University of the Virgin Islands” for “College of the Virgin

Islands” preceding “nor any person”.



Suosection (e): Substituted “Universicy of the Virgin Islands” for ~College of the Virgin

Islands” at the end of the last sentence.



—1i963. Subsection (f): Added.



ANNOTATIONS



1. Taxation. Interest puid by the College of the Virgin Islands (now Caiversity of the Virgin

Islands) on a construction loan, evidenced by written contract and promissory uote. ig exemot

trom income taxadon. 7 VIOo.AG. 67.



2, Security. The Commissioner ot Finunee may not accept bonds or other evidences of

indebtedness of the College of the Virgin Islands (now University of the Virgin Islands) in liew

of depository bonds as security for governmental funds deposited with a bank or other

authorized depository. 7 ViLOp.AG. 294.



151

T.17 § 461 EDUCATION Ch. 33



§ 461. Maturity of bonds; interests; sales; validity; actions involving

bonds



(a) Bonds of the University shall be authorized by resolutions of its

Board of Trustees; may be issued in one or more series and shall be offered,

awarded and executed in such manner, bear such date or dates, mature at

such time or times, bear interest at such rate or rates not exceeding ten per

centum per annum, be in such denomination or denominations, be in such

form, bearer, order, coupon or registered, carry such conversion or

registration privileges, have such rank or Priority, be payable in such

medium of payment, at such place or places, and be subject to such terms

of redemption (with or without premium), as such resolution of the Board

of Trustees, trust indenture, or mortgage may provide, and shall be fully

negotiable.



(b) The bonds may be sold at public or private sale at not less than par.



(c) In case any of the Trustees or officers of the University whose

signatures appear on any bonds or coupon shall cease to be such Trustees

or officers before the delivery of the bonds, their signatures shall,

nevertheless, be valid and sufficient for all purposes, the same as if the

Trustees or officers had remained in office until such delivery.



(d) In any suit, action or proceeding involving the validity or enforce-

ability of any bond of the University or the Security therefor, any such bond

reciting in substance that it has been issued by the University to aid in

financing a project as defined in this chapter, shall be conclusively deemed

to have been issued for such purpose, and the project shall be conclusively

deemed to have been planned, located, and carried out in accordance with

the purposes and provisions of this chapter—Added June 26, 1963, No.

1027, § 2, Sess. L. 1963, p. 385; amended July 29, 1971, No. 3074, Sess. L.

1971. p. 301.



HISTORY



Revision notes. Substituted “University” for “College” preceding “shall be authorized” at

the beginning of subsec. (a), following “officers of the” in subsec. (c), and following “bond of

the” and “issued by the” in subsec. (d) in light of Act Oct. Id, 1986, No, 5207, § 9, Sess. L. 1986,

p. 249.



Amendments—1971. Subsection (a): Increased allowable interest.



ANNOTATIONS



1. Sales. University of the Virgin Islunds may sell bond anticipation notes at a private sale.

6 VI.Op.a.G. 273.



§ 462. Powers of University with respect to bonds or obligations



In connection with the issuance of bonds or the incurring of obligations,

and in order to secure payment of such bonds or obligations, the University.

in addition to its other powers. may—



152



re eared

Ch. 33 UNIVERSITY OF THE VIRGIN [ISLANDS T.17 § 162



(1) pledge all or any part of its gross or net rents, fees or revenues, to

which its right then exists or may thereafter come into existence:



(2) mortgage all or any part of its realtor personal property, then

owned or thereafter acquired;



(3) covenant against pledging all or any part of its rents, fees or

revenues, or against mortgaging all or any part of its real or personal

property to which its right or title then exists or may thereafter come into

existence or against permitting or suffering any lien on such revenues or

property; covenant with respect to limitations on its right to sell. lease or

otherwise dispose of any project or any part thereof; and covenant as to

what other or additional debts or obligations may be incurred by it:



(4) covenant as to the bonds to be issued and as to the issuance of such

bonds in escrow or otherwise. and as to the use and disposition of the

proceeds thereof, provide for the replacement of lost. destroyed or

mutilated bonds: covenant against extending the time for the payment of its

bonds or interest thereon; and covenant for redemption of the bonds and to

provide the terms and conditions thereof;



(3) covenant (subject to the limitations contained in this chapter) as to

the rents and fees to be charged in the operation of projects, fees and other

revenues, and as to the use and disposition to be made thereof; create or

authorize the creation of special funds for monies held for construction or

operating costs, debt services, reserves, or other purposes, and covenant as

to the use and disposition of the money held in such funds;



(6) prescribe the procedure, if any, by which the terms of any contract

with bondholders may be amended or abrogated, the amount of bonds and

holders of which must consent thereto and the manner in which such

consent must be given;



(7) covenant as to the use, maintenance and replacement of any or all

its real or personal property; the insurance to be carried thereon. and the

use and disposition of insurance monies;



(S) covenant as to the rights, Habilities, powers, and duties arising

upon the breach by it of any covenant. condition. or obligation; and

covenant and prescribe as to the events of default and terms and conditions

upon which any or all of its bonds or obligations shall become or may be

declared due before maturity, and as to the terms and conditions upon

which such declaration and its consequences may be waived:



(9) vest in any obligee of the University the right to enforce the

payment of the bonds or any covenants securing or relating to the bonds:

vest in an obligee or obligees to take possession of and use, operate and

manage anv project or any part thereof or any funds connected therewith.

and to collect the rents and revenues arising therefrom. and to dispose of



153

TT § 462 EDUCATION Ch. 33



such monies in accordance with agreement of the University with said

obligee; provide for the powers and duties of such obligees and limit the

liabilities thereof; and provide the terms and conditions upon which such

obligees may enforce any covenant or rights securing or relating to the

bonds; and



(10) exercise all or any part or combination of the powers herein

granted; make covenants (other than and in addition to the covenants

herein expressly authorized) and do any and all such acts and things as may

be necessary or convenient or desirable in order to secure its bonds, or in

the absolute discretion of the Board of Trustees as will tend to make the

bonds more marketable notwithstanding that such covenants, acts or

things may not be enumerated herein.—Added June 26, 1963, No. 1027,

§ 2. Sess. L. 1965, p. 386.



HISTORY

Revision notes. Substituted “University” for “College” following “Powers of” in the section

catchline, preceding “in addition to” in the introductory paragraph, and following “obligee of

the” and “agreement of the” in par. (9) in light of Act Oct. 14, 1986, No. 5207. § 9, Sess. L. 1986.

p. 249.

ANNOTATIONS



1. Borrowing. College of the Virgin Islands (now University of the Virgin Islands), an

instrumentality of the Government of the Virgin Islands, has the authority to borrow money

for the purpose of constructing two new educational facilities. 7 V.I.Op.a.G. 66.



§ 463. Rights of obligee



An obligee of the University, in addition to all other rights which may be

conferred on such obligee, subject only to any contractual restrictions

binding upon him, may by a civil action—



(1) compel the University and the Trustees, officers, agents or em-

ployees thereof to perform each and every term, provision and covenant

contained in any contract of the University with or for the benefit of such

obligee, and to carry out any or all such covenants and agreements of the

University and fulfill all duties imposed upon the University by this

chapter; or



(2) enjoin any acts or things which may be unlawiul, or the violation of

any rights of such obligee of the University.—Added June 26, 1963, No.

1027. § 2, Sess. L. 1963. p. 387.



HISTORY

Revision notes. Substituted “University” for “College” throughout the section in light of

Act Oct. 14, 1986, No. 3207, § 9, Sess. L. 1986, p. 249.

§ 164. Conferment of additional rights upon obligee; receiver



The University by its resolution. or by declaration of trust, trust

indenture. mortgage, lease, or other contract may confer upon any obligee



Li



8 ween eee

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS TAT § 165



holding or representing 2 specified amount in bonds, the right (in addition



to all rights that may otherwise be conferred), upon the happening of an

event of default as defined in such resolution or instrument, by a civil action

in any court of complaint jurisdiction to—



(1) cause possession of any project thereof to be surrendered to any

such obligee;



(2) obtain the appointment of a receiver of any project of the

University or any part thereof and of the rents and profits therefrom;



(3) require the University and the Trustees, officers. agents, and

employees thereof to account as if it and they were trustees of an express

trust.—Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 383.



HISTORY



Revision notes. Substituted “University” for “College” preceding “by its resolution” in the

introductory paragraph, following “project of the” in par. (2) and following “require the” in

par. (3) in light of Act Oct. 14, 1986, No. 5207, $ 9, Sess. L. 1986, p. 249.



§ 465. Investment of public or private funds in bonds or other obliga-

tions



Notwithstanding any restrictions on investments contained in any laws

of the Virgin Islands, any political subdivision thereof, all public officers and

other public bodies, all banks, bankers, trust companies, savings banks and

institutions, building and loan associations, savings and loan associations,

investment companies and other persons carrying on a banking or invest-

ment business, and all executors, administrators, guardians, trustees, and

other fiduciaries, may legally invest any monies or funds belonging to them

or within their control in any bonds or other obligations issued by the

University when such bonds or other obligations are secured by a pledge of

annual contributions or other financial assistance to be paid by the Federal

Government, or when such bonds or other obligations are secured by an

agreement between the Federal Government and the University in which

the Federal Government agrees to lend to the University, prior to the

maturity of the bonds or other obligations, monies in an amount which

(together with any other monies irrevocabiy coramitted to the payment of

principal and interest on the bonds or other obiigations) will suifice to pay

the principal of the bonds or other obligations with interest to maturity.

which monies under the terms of the agreement are required to be used for

that purpose; and such bonds and other obligations shall be authorized

security for all public deposits, it being the purpose of this section to

authorize any of the foregoing to use any funds owned or controlled by

them including, but not limited to. sinking. insurance. investment, retire-

ment, compensation, pension, and trust funds and funds held on deposit for



155



tere eee

T.17 § 465 EDUCATION Ch. 33



that nothing in this Section shall be construed as relieving any Person from

any duty exercising reasonable care in selecting Securities.— Added June

26, 1963, No. 1027, § 2, Sess. L. 1963, p. 388.



History

Revision nates. Substituted “ University” tor “College” wherever it appeared in light of Act

Oct. 14, 1986, No. 5207, $ 9, Sess. L. 1986, p. 249,



§ 466. Provisions permitted in contracts with Federal Government

In any contract with the Federal Government for financial assistance to



covenants or conditions to which the University is Subject. The contract

may further provide that in the case of such conveyance, the Federal

Government may complete, operate, manage, lease, convey or otherwise

deal with the Project in accordance with the terms of such contract;

Provided, that the contract requires that. as soon as Practicable after the



Government shall reconvey to the University the Project as then consti-

tuted.—Added June 26, 1963, No. 1027, § 2 Sess. L. 1963, p. 389.



HIstory

Revision notes. Substituted “University” for “College” wherever it appeared in light of Act

Oct. 14, 1986, No, 5207, $ 9, Sess. L. 1986, p. 249



§ 467. Cooperation by Government



(a) For the purpose of aiding and cooperating in the Planning, under-

taking, Carrying out, developing, constructing and operating of projects,

and of enabling the University to qualify for Participation in Federal

Programs in its authorized fields of activity, the Government of the Virgin

Islands, any political subdivision thereof. or any public agency or public

body of the Virgin Islands, with or without consideration, upon such terms

as it may determine, and acting through apDropriate agencies and Officials,

may do any, all or any combination of the following:



(1) Enter into contracts and agreements (which contracts or agree.

ments may extend over any period. notwithstanding any provision or rule

of law to the contrary) with the University or other public agency or body

respecting action to be taken pursuant to anv of the Powers granted by this



136



So eee nena gemma ©

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS T17 § 467



chapter, including the furnishing of funds by loan, grant contribution,

appropriation, or otherwise or other assistance in connecton with any

project.



(2) Dedicate, sell, convey, lease, or otherwise transier any of its

interest in any property, or grant easements, licenses, or any other rights

or privileges therein to the University or to any other puolic agency

concerned in any project of the University.



(3) Cause public buildings and public facilites, including parks. play-

grounds, recreational, community, educational, water, sewage or drainage

facilities, ilumination, or any other works or facilities which it is otherwise

empowered to undertake or furnish, to be furnished to or in connection

with any project.



(4) To close, vacate, Surnish, install, grade. regrade. pave. plan or

replan, highways, streets, roads, alleys, sidewalks, ways or other places.



(3) Plan or replan, zone or rezone, any part of any community, or

locality, and make exceptions and grant waivers from any puilding codes.

regulations or rules.



(6) Cause administrative and other services to be furnished to the

University.



(7) Incur all or any part of the expense of any public improvement

necessary for the purposes of this chapter.



(8) Lend, grant. appropriate, or contribute funds to the University. or

otherwise for the purpose of this chapter.



(9) Employ (notwithstanding the provisions of any otner law) any

funds belonging to or within its control, including funds derived from the

sale or furnishing of property or services, or facilities, to the University, for

the purchase of bonds or other obligations of the Universit:



(10) Exercise powers relating to the repair, improvement, condemna-

tion, vacation, closing, demolition, or removal of unsafe insanitary. or unfit

buildings and structures.



(11) Do any and all things necessary or convenient to aid and

cooperate in the planning, or carrving out, or operating projects oi the

University, and in achieving the purposes of this chapter.



(o) All agencies and public officials of the Government of the United

States Virgin Islands or any political subdivision thereof are authorized and

empowered, and shall cooperate with the University to the extent neces-

sary to facilitate the exercise by the University of its powers. duties and

funetions under this chapter and in carrying out the purposes of this

chapter.



(c) Any sale, conveyance. lease. transfer. or agreement authorized oy

this section may be made without appraisal, public notices. advertisement.

or public bidding, nouwithstanding any laws to the contrary.



157

T.17 § 467 EDUCATION ) Ch. 33



(d) All projects of the University shall comply with the planning, zoning,

Sanitary, and building laws or codes, or other regulatory measures appli-

cable to the community in which the Project is situated; but no project



to it, shall be deemed to be in violation of such laws or codes or be required

to be changed or modified for compliance.—Added June 26, 1963, No. 1027,

§ 2. Sess. L. 1963, p. 389.



HIstory



Revision notes. Substituted “University” tor “College” wherever it appeared in light of Act

Oct. L4, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

Inserted “United States" preceding “Virgin Islands” in subsec. (b).



§ 468. Power to render assistance by taxes, appropriations, borrow-

ings, bonds, etc.



Subject to the provisions of section 8(b) of the Revised Organic Act of the

Virgin Islands, approved July 22, 1954 the Government of the United

States Virgin Islands may levy taxes, appropriate funds, incur indebted-

ness and issue bonds for the purposes of procuring funds to be loaned,

appropriated, contributed. or granted, to the University for carrying out its

powers, functions and duties under this chapter, for the provision of public

improvements and other forms of local governmental cooperation, and for

use in connection with any project of the University or otherwise to carry

out the purposes of this chapter. Bonds to be issued by such Government

pursuant to the provisions of this section shall be issued in the manner and

Within the limitations prescribed by law for the issuance and authorization

of bonds for such purposes.—Added June 26, 1963, No. 1027, § 2, Sess. L.

1963, p. 391.



HISTORY

Revision notes. Substituted “University” tor “College” Preceding “for carrying out” and

following “project of the” in the first sentence in light of Act Oct. 14, 1986, No. 5207, § 9, Sess.

L. 1986, p. 249.

Inserted “Cnited States” preceding “Virgin Islands” in the first sentence.



References in text. The Revised Organic Act of the Virgin Islands, approved July 2°, 1954,

veferrad to in this section, is set out preceding Title 1,

§ 469. Interest of trustees and others in Projects; duty to disclose;



violation



During his tenure and for one year thereafter, no trustee, officer or

emplovee of the University shall voluntarily acquire any personal interest,

direct or indirect. in any project or in any Property inciuded or planned to

be included in any project, or in any contract or proposed contract relating



138

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS TT § an



to any Project. If any such trustee. officer, or emplovee involuntariy.

acquires any such interest, or Voluntari]:; or involuntarily acquired any

Such interest Prior to appointment or employment as a (rustee, officer o-

emplovee, or thereatter, then in any such event. the trustee, Officer or

employee, shal] immediately disclose his interest jn uNIting to the Univer.

sity and such disclosure shal] be entereg uDON the Minutes of the Board of



Stees of the University and the trustee, officer or employee shall not

Participate in any action by the University relating to the Properts or

contract in which he has any such interest, Any Violation of the foregoing

Provisions of this Section shal] constitute misconduct in Office. These

Provisions shal] not be applicable to the acquisition of any interes: in Notes

or bonds of the University issued in connection with any project, or to the

execution of agreements by banking institutions for the deposit or handling

of funds in connection with a Project or to ace as trustee under any trust

indenture or agreement, or to utility services the rates for Which are fixed



Etstory

Revision notes. Substituted “Universit” ror “College” wherever it @Ppeared in light of Act

Oct. 14, 1986, No. 5207, § 9, Sess. CL. 1986, p. 249,

ANNOTATIONS

1. Generally, Trustees of the College of che Virgin Islands have a fiduciar- Fesponsibilir: zo



exercise contro] ot’ the College's arfairs ard are expressly fordidden from acquiring any

interest in any properzy included in the College's Projects. Tonder y, WV The “Burkhoider”,



University of the Virgin Islands. such Institution must be aole to atcracr

distinguished and renowned scholars, [ny implementation Of this Purpose



Morris F de Castro to the principles of §20¢ Governmenz. and his

exceptional Service to the People of the Virgin Islands, the Legislature

Provides by Sections 471-173 of this chapter for the establishment of a chair

in Government at the Universit:; of the Virgin Isiands,



(b) There is hereby established in 3 ersity of the Virgin Islands.

under the Jurisdiction of the Board of Trustees thereof the Morris Ede

Castro Chair in Government.



(c) The Board is authorized to Contract with distinguished and outstand.

ing scholars to fill the Morris F. de Castro Chair in Goverament, on such



5

ima

ro

®

Q

3

2

5

o



159

T.17 § 470 EDUCATION Ch. 33



terms and conditions and for such duration as may be agreed upon by the

parties.



(d) The Board is further authorized to provide for proper facilities,

equipment and such other services as may be necessary or appropriate to

enable the holder of the Morris F. de Castro Chair to carry out his work in

connection therewith and to give effect to the purposes for which such chair

was established.—Added March 6, 1967, No. 1869, § 1, Sess. L. 1967, p. 35,

36; amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.



HISTORY



References in text. Although subsectiun (3) of this section refers to “sections 471173 of this

chapter”, there are no sections with those numbers in this chapter or title. Subsections (b), (¢)

and (d) of this section provide for the establishment of the Morris F. de Castro Chair in

Government, which, apparently, it was originally intended to establish by new sections

numbered 471, 472 and 473.



Amendments—1986. Subsection (a): Substituted “University of the Virgin Islands” for

“College of the Virgin [stands” following “vitality of the” in the frst sentence and following

“chair in Government at the” in the second sentence.



Subsection (b): Substituted “University of the Virgin Islands” for “College of the Virgin

Islands” following “established in the”.



§$ 471. Free tuition for veterans



(a) In the interest of encouraging qualified veterans of the armed forces

of the United States who are Virgin Islands residents to further their

formal education and in recognition of the value of the service rendered by

such veterans, those veterans of the armed forces of the United States who

are domiciliaries of the Virgin Islands and who entered the armed services

in the Virgin Islands, or who were domiciliaries of the Virgin Islands but

entered the armed services in another Jurisdiction while temporarily

residing in that jurisdiction and who otherwise meet the qualifications and

admission standards of the University of the Virgin Islands are hereby

granted free tuition to such institution for a time period not ta exceed 128

semester hours.



(b) The benefits in subsection (a) of this section shall not be interpreted

as applicable only to undergraduate tuition. but may be applied to any

graduate program of the University of the Virgin Islands. Any veteran who

qualities under the provisions of subsection (a) of this section may attend

graduate classes of the University of the Virgin Islands without paying

tuition therefor, not to exceed 36 semester hours. in addition to the

limitations on semester hours in subsection (a) of this section.



(c) The Director of Veterans Affairs, Department of Labor, shall estab-

lish the eligibility of veterans for the free tuition granted by subsections (a)

and (b) of this section and shall make direct tuition payments to the



150

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS T.lT § 473



University of the Virgin Islands from funds appropriated for that purpose

upon certification from the University that the veteran has been accepted

as a student and has completed registration procedures; Provided, how-

ever, That no veteran shall have his tuition paid under this section if such

veteran is entitled to have such tuition paid by any Federal funds made

available to such veteran for college tuition.—Added July 12, 1972. No.

3248, § 1, Sess. L. 1972. p. 173; amended Sept. 23, 1983, No. 4853, $ 1(a),

(b), Sess. L. 1983. p. 1: >. Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.



HISTORY



Revision notes. Substituted “University” for “College” following “certificaton from che” in

subsec. (c) in light of Act Oct. L4, 1986, No. 5207, $ 9, Sess. L. 1986. p. 249.



Amendments—L986. Subsection (a): Substituted “University of the Virgin Islands” ‘or

“College of the Virgin Islands” following “standards of the”.



Subsection (b): Substituted “University of the Virgin Isiands” for “College of the Virgin

Islands” following “program of the” in the first sentence. and following “classes of the” in she

second sentence.



Subsection (c): Substituted “University of the Virgin Islands” for “College of the Virgin

Islands” tcllowing “payments to the”.



—19$3. Designated existing provisions of section as subsec. (a) and subsccuted

“domiciliaries of the Virgin Islands and who entered the armed services in the Virgin Islands.

or who were domiciliaries of the Virgin Islands but entered the armed services in another

jurisdiction while temporarily residing in that jurisdiction” for “bona fide residents of she

Virgin Islands” preceding “and who otherwise” in that subseczion and added subsecs. () and

(c).



Enrolled armed forces veterans in College of Virgin Islands. Act July 12, 1972, No. $248.



§ 3, Sess. L. 1972, p. 178, provided: “For purposes of administering section 1 of this Act (this



section], free tuition for veterans of the armed forces of the United States who are current;

enroiled in the College of che Virgin Islands shall be applied prospeccively only.”

§ 472. Physical examination for veterans waived



Notwithstanding any other law or rules or regulations to the contrary,

veterans of the armed forces of the United States who have received

certification of good health upon discharge fom the armed forces shall. for

a period not to exceed 120 days after such certification, not be required to

pass a physical examination as a condition to admission into the University

of the Virgin Islands.—Added July 12, 1972. No. $248, § 2, Sess. L. 1972.

p. 178; amended Oct. 14, 1986, No. 5207, $ 7. Sess. L. 1986, p. 249.



HISTORY

Amendments—-1986. Substituted “University of the Virgin Islands” for “College ov =e

Virgin [slands” foilowing “admission into the” at the end of che section.

§ 473. National Guard tuition exemption



(a) Members and officers of the National Guard of the Virgin Islands

who otherwise meet the qualifications and admission standards of th



161

T.17 § 473 EDUCATION Ch. 33



University of the Virgin Islands are eligible, upon completion of one year of

service in the National Guard of the Virgin Islands, for cree tuition to such

institution for a time period not to exceed 32 semester hours. The tuition

exemption provided for in this subsection shall continue for the benefit of

a member or officer only during such time as he or she remains a member

or officer in good standing in the National Guard of the Virgin Islands.



(b) No member or officer who is eligible to receive tuition assistance

from the federal government as a result of his or her service in the armed

forces of the United States shall be eligible for tuition exemptions under

this section.



(ec) The provisions of this section shall be administered by the Board of

Trustees, which shall adopt such rules and regulations as are needed to

properly carry out this section.



(d) The tuition exemptions provided for in this section shall be applied

prospectively only.—Added June 15, 1982, No. 4716, § 2, Sess. L. 1982, p.

92: amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986. p. 249.



HISTORY

Amendments-—1986. Subsection (a): Substituted “University of -he Virgin Islands” for

“College of the Virgin Islands” following “standards of the” in the first sentence.



Effective date of enactment. Act June 15, 1982, No. 4716, § & Sess. L. 1982, p. 97

provided: “This act (which added section 11 of Title 10, section 1°0n of this tide and this

section, sections 1529-1531 and 1556-1558 of Title 23, and section 3052 of Title 33 and amended

section 1558 of Title 23] shall take erfect 90 days after its enactment {June 15, 1982].”



§ 474. Small Business Development Center



(a) There is established in the University of the Virgin Islands a Small

Business Development Center (hereinafter SBDC). The SBDC shall

coordinate local and federal government resources, as well as private

sector resources, in the establishment of a program network for the

delivery of management and technical assistance through counseling and

training to small businesses and prospective small businesses in the Virgin

Islands.



(b) The SBDC is authorized to accept grants of local or federal funds,

gifts, devices or conveyances for the furtherance of its stated goals and

purposes.—Added June 19, 1985, No. 5078, § 2. Sess. L. 1985, p. 17;

amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986. p. 249.



HISTORY

Amendments—1986. Subsection (a): Substituted “University of the Virgin Islands” ior

“College of the Virgin Islands” following “established in the”.



§ 475. Senior citizen tuition reduction



Persons sixty years of age or older, as verified by a senior citizen [.D.

card issued by the Virgin Islands Department of Human Services. who are



162

Ch. 33 UNIVERSITY OF THE VIRGIN ISLANDS TT § 476



domiciliaries of the Virgin Islands for not less than one year, shall be

entitled to enroll. attend, audit, or take for credit, provided they qualify. any

class or course of study at the University of the Virgin Islands free of

charge on a space available basis, provided that priority shall be given to

those persons enrolled in programs administered by the Department of

Human Services.—Added Aug. 19, 1988, No. 5358, § 1, Sess. L. 1988, p.

207.



§ 476. Valedictorian and Salutatorian Scholarships to the University



of the Virgin Islands



(a) There are hereby established the Virgin Islands Valedictorian and

Salutatorian Scholarships to the University of the Virgin Islands, in

addition to the scholarship established in chapter 15. section 190u of this

title.



(b) Each student graduating from a secondary high school as Valedic-

torian or Salutatorian shall automatically be awarded a four (4) year

scholarship to the University of the Virgin Islands which shall entitle the

student to fees, which for purposes of this section, includes tuition.

textbooks and room and board for the duration of the scholarship. In

addition, the student shall receive an annual stipend to cover miscellaneous

expenses in an amount to be determined by the Board of Trustees of the

University.



(c) The President of the University of the Virgin Islands shall administer

the scholarships. The University shall receive an annual appropriation from

the Virgin Islands Government in an amount sufficient to fund the

scholarship program established under this section.



(d) Each student must maintain a minimum grade point average of 3.5

per semester in order to retain the scholarship.



(e) The student shall accept the scholarship and begin matriculation at

the University of the Virgin Islands no later than the fall semester one year

after graduation from high school. Any person accepting a scholarship

under the provisions of this chapter shall be required to attend the

University of the Virgin Islands for the duration of the scholarship. If the

student transfers to another college or university, or leaves the University

of the Virgin Islands. the scholarship will automatically terminate.



(f) The President may reduce the amount of individual Valedictorian and

Salutatorian scholarships to an amount which, when combined with other

grants, equals the amount needed for tuition, room and board, books and

supplies, fees and stipend at the University of the Virgin Islands as

provided by this act.



(g) Any person granted a scholarship under the provisions of this section

Shall be required. as a prior condition to receiving such scholarship. to



153

A)

uw



T.17 § 492 EDUCATION Ch.



(e) to make contracts;



(f) to adopt and use a common seal and alter it at will:



(g) to accept, receive, deposit, control. invest and deal with any

appropriations, gifts, devises, bequests or contributions, regardless of the

source thereof, for the purposes of the University, which gifts. approoria-

tions, devises, bequests and contributions shall be exempt from any

taxation.



(h) to do or cause to be done everything that may be necessary to

effectuate the exercise of the foregoing powers, as well as any other

hereinafter set forth in this chapter—March 16, 1962, No. 851. § 2, Sess.

L. 1962, p. 92; amended Oct. 14, 1986, No. 5207, § 8, Sess. L. 1986, p. 249.



HISTORY

Revision notes. Substituted “University” for “College” preceding “Board” in the section

catchline and following “purposes of the” in subsec. (g) in light of Act Oct. 14. 1986, No. 5207,

§ 9, Sess. L. 1986, p. 249,

Amendments—1986. Substituted “University of the Virgin {slands” for “College of che

Virgin Islands” in two places in the introductory paragraph.



Cross REFERENCES

Board of Trustees of University of the Virgin Islands, status. composition and oowers, see

section 453 et seq. of this title.



§ 493. Representation in proceedings relating to funds and property



The Fund is specifically authorized to act for or represent the University

in any proceeding, action or other cause with respect to the collection,

acceptance or disbursement of funds, or the handling or dealing with

property, and the University and Fund for all legal purposes and effects

under the foregoing specification of authority shall be deemed the same.—

March 16, 1962, No. 851, § 3, Sess. L. 1962, p. 93.



History



Revision notes. Substituted “University” for “College” following “represent the” and

preceding “and Fund for ail legal” in light of Act Oct. 14, 1986, No. 5207, § 9. Sess. L. 1986,

p. 249.

§ 494. Annual appropriations; deposit and administration of funds



The Legislature hereby authorizes the appropriation annually of funds

for the purposes of the University including the payment of salaries and

proverty acquisition. Funds so appropriated shall be deposited in an

account to be maintained by the University and shall be administered bra

fiscal officer of the Institution in accordance with procedures presented by

the Commissioner of Finance of the Virgin Islands.—March 16, 1962. No.

851. § 4, Sess. L. 1962, p. 93.



166

Ch. 35 THE UNIVERSITY OF THE VIRGIN ISLANDS FUND T.17 $ 497



History

Revision notes. Substituted “University” for “College” following “purposes of the” in the

first sentence and following “maintained by the” in the second sentence in light of Act Oct. 14,

1986, No. 5207, § 9, Sess. L. 1986, p. 249.

ANNOTATIONS



L. Security. The Commissioner of Finance may not accept bonds or other evidences of

indebtedness of the College of the Virgin {slands (now University of the Virgin Islands) in lieu

of depository bonds as security for governmental funds deposited with a bank or other

guthorized depository. 7 VI.Op.A.G. 294.



§ 495. Deposit of monies acquired; accounting



All monies acquired by the University of the Virgin Islands shall be

deposited and maintained in the account provided for in section 494 of this

title, and shall be accounted for in like manner to the Commissioner of

Finance.—March 16, 1962, No. 51, § 5, Sess. L. 1962, p. 93; amended Oct.

14. 1986, No. 5207, § 8, Sess. L. 1986, p. 249.



EISTORY

Amendments—1986. Substituted “University of the Virgin Islands” for “College of the

Virgin [slands” following “acquired oy the”.

§ 496. Procurement of gifts, grants and loans



The Board of Trustees is authorized to make every efforz to secure gifts,

grants and loans to the University of the Virgin Islands Fund from private

individuals, foundations and federal government agencies and to utilize

such gifts, grants and loans for the purposes specified by the donor or

lender—Added May 10, 1967, No. 1964, § 2, Sess. L. 196%, p. 202; amended

Oct. 14, 1986, No. 5207, § 8, Sess. L. 1986, p. 249.



HisToRY

Amendments—1986. Substituted “University of the Virgin Islands” for “College of the

Virgin Islands” following “loans to the”.

§ 497. Annual report

The Board of Trustees shall submit a report to the Governor and the

Legislature not later than January 15 of each year, which repor: shall

contain:



(a) A complete fiscal repor: of the University’s activites during the

preceding fiscal year.



(b) An enumeration and description of the various activities and

accomplishments of the University during the preceding fiscal year,

including class enrollments, names and majors of graduates and such otaer

information as it deems significant.



(c) An outline or outlines of plans for expansion of physical facilities

and/or curriculum, as well as other changes contemplated for the future.



167

NOS



Ch. 35



TT § 497



EDUCATION



(d) Requests for any legislation deemed necessary by the University



in accomplishing its programs and policies.—Added Oct. 8, 1974, No. 3625,



§ 2, Sess. L. 1974, p. 241. Amended March 19, 1984, No. 4908, Sess. L. 1984,



p. 73.



HISTORY



Revision notes. Substituted “University’s” for “College's” preceding “activities” in par. (a)



and “University” for “College” following “accomplishments of the” in par. (b) and preceding



“in accomplishing” in par. (d) in light of Act Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986. p. 229.



Amendments—1984. Substituted “January 15” for “September 30th” in the introductory



clause and “complete” for “completion” preceding “fiscal report” in par. (a).



168

Chapter 36. Academic and Cultural Awards Endowment



SECTION ANALYSIS



520. Endowment established

521. Administration



522. Governing Board created

523. Funding



524. Rules and regulations

5325. Endowment loans



§ 520. Endowment established



There is hereby established the Virgin Islands Academic and Cultural

Awards Endowment, hereinafter called the “Endowment,” which shail be

used to provide loans, grants and awards to residents of the Virgin Islands

who have made significant contributions to the government and people of

the Virgin Islands, or who may require financial support to enadie them to

pursue professional, graduate or other studies or research or engage in

cultural projects which will substantially continue to the benefit of the

people of the Virgin Islands. —Added Oct. &, 1979, No. 4356. § 1, Sess. L.

1979, p. 143; amended Oct. 14, 1986, No. 5206, § 112(b)(i). Sess. L. 1986, p.

240; Jan. 6, 1987, No. 5249, § 4, Sess. L. 1986. p. 412,



EISTORY

Amendments—1986. Act No. 5206 substituted “loans” for “fellowships anc ather aWards

and grants” following “used to provide”.

Act No. 5249 substituted “loans, grants and awards” for “loans” following “used to provide”.



§ 521. Administration



The Endowment shall be administered by the University of the Virgin

Islands as may be directed by the Governing Board establisned oy section

522 of this chapter. The Board sha!l promulgate rules and regulations. and

may, in its discretion, appoint a staff assistant as needed. to assist in the

implementation of this act.—Added Oct. 8, 1979. No. 4856. § 1, Sess. L.

1979, p. 143; amended Oct. 14. 1986. No. 5207. § 9. Sess. L. 1986. p. 249.



HISTORY



Amendments—1946. Substituted “University of the Virgin [siands” sor “College of the

Virgin [siands” following “administered by the” in the drst sentence.

$ 522. Governing Board created



There is hereby created a Governing Board for the Encowment which

shall consist of the Chairman of the Board of Trustees of the University of

the Virgin Islands, who shall serve as Chairman, the Governor. the

President of the Legislature. the Presiding Judge of che Terzitorcal Court.



169

TT § 522 EDUCATION Ch. 36



and the Commissioner of Education. Three members shall constitute a

quorum for the conduct of all business. The Board shall meet not fewer

than twice each calendar year.—Added Oct. 8, 1979, No. 4356, § 1, Sess. L.

1979, p. 143; amended Oct. 14, 1986, No. 520%, § 9, Sess. L. 1986, p. 249.



HISTORY



Amendments—1956. Substituted “University of the Virgin Islands” for “College of the

Virgin Islands” following “Trustees of the” in the first sentence.



§ 523. Funding



There is hereby authorized to be appropriated in each fiscal year, as a

part of the budget of the University of the Virgin Islands for administrative

purposes only, such sum as the Legislature may deem appropriate for a

contribution to the Endowment to be used for the purposes of this chapter.

Donations and contributions may be accepted and solicited by the Board

from private foundations or any other lawful source for use in the

Endowment. All appropriations to the University for contribution to the

Endowment shall remain available until expended unless specifically

provided otherwise. The University of the Virgin Islands shall administer

all funds consistent with the decisions of the Board, and shall annually

report to the Board on receipt and disbursement of funds.—Added Oct. 8,

1979, No. 4356, § 1, Sess. L. 1979, D- 143; amended Oct. 14, 1986, No. 5207,

§ 9, Sess. L. 1986, p. 249.



HISTORY



Revision notes. Substituted “University” for “College” following “appropriations to the” in

the third sentence in light of Act Oct. 14. 1986, No. 5207, § 9, Sess. L. 1986. p. 249.



Amendments—1986. Substituted “University of the Virgin Islands” for “College of the

Virgin Islands” following “budget of the” in the first sentence and preceding “shail

administer” in the fourth sentence.



§ 524. Rules and regulations

The Governing Board shall promulgate rules and regulations consistent

with this chapter establishing, but not limited to, eligibility requirements,

application procedures. and administrative reporting. The Board may, by

rules and regulations, require that grant and award recipients contrioute

their skills in some capacity to the benefit of the people of the Virgin

Islands. Until otherwise provided by rules of the Board. applications for

loans, grants and awards under this chaoter shall be fied with the

President of the University of the Virgin Islands who shall serve 2S

ex-officio Secretary of the Governing Board, without yote.—Added Oct. §.

1979, No. 4336, § 1, Sess. L. 1979. p. 143; amended Oct. 14, 1986, No. 5206.

§ 112(b)(ii), Sess. L. 1986, p- 240; Oct. 14, 1986, No. 5207. $ 2, Sess. L. 1986.

p. 249; Jan. 6, 1987, No. 5249, § 4, Sess. L. 1986, p. 442,



170