The immediate government of the several departments shall be entrusted to their respective faculties, but the regents shall have the power to regulate the course of instruction, and prescribe the books and authorities to be used in the several departments, and also confer such degrees and grant such diplomas as are usually conferred and granted by other universities. The regents shall have power to remove any officer connected with the university when in their judgment the interests require it.

History: Laws 1889, ch. 138, § 16; C.L. 1897, § 3578; Code 1915, § 5125; C.S. 1929, § 130-909; 1941 Comp., § 55-2409; 1953 Comp., § 73-25-9.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For removal of president or faculty member for cause after trial, see 21-1-7 NMSA 1978.

Removal of football coach. — Whether the head football coach is an "officer" under this section is not something an appellate court can resolve as a matter of law; rather it is a question of fact. Feldman v. Regents of Univ. of N.M., 1975-NMCA-111, 88 N.M. 392, 540 P.2d 872.

Discretion and judgment at lower levels provided for. — In this section and 21-7-8 NMSA 1978 the legislature provided for the exercise of discretion and judgment at subordinate levels subject to the ultimate control of the regents. 1969 Op. Att'y Gen. No. 69-104.

Powers of administration and government are permitted various faculty groups, and are characterized as those of "immediate government." 1969 Op. Att'y Gen. No. 69-104.

Review and approval of actions below. — The explicit references in this section and 21-7-8 NMSA 1978 to the regents' duties and responsibilities require that the board review and approve the actions taken below in exercise of limited power of immediate government. 1969 Op. Att'y Gen. No. 69-104.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 1, 5, 11 to 13, 31, 41.

Instructors, imposing noneducational functions upon, 67 A.L.R. 1032.

Teacher in state college or university as officer or employee, 75 A.L.R. 1352.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

Dismissal or rejection of public schoolteacher because of disloyalty, 27 A.L.R.2d 487.

Elements and measure of damages in action by school teacher for wrongful discharge, 22 A.L.R.3d 1047.

Student's right to compel school officials to issue degree, diploma, or the like, 11 A.L.R.4th 1182.

14A C.J.S. Colleges and Universities §§ 17, 19, 25, 29.