State of Alabama State Capitol 600 Dexter Avenue Montgomery, AL 36104 Dear Governor Bentley: This email is to acknowledge receipt of your letter dated July 25, 2014 regarding your purported attempt to remove me from the ASU Board of Trustees, effective immediately. In your letter, you renewed your false and baseless allegations surrounding the Code of Alabama, Section 16-50-29 (1975, as amended). As you are aware, in response to the FSS Preliminary Report, Moodys, SACS and your allegations, the University, President Emeritus, Dr. William H, Harris, Chief University Counsel, Attorney Kenneth Thomas and I have all submitted undisputed documents that I have not violated this statute. Further, your letter for the first time asserted new undocumented allegations regarding (a) my failure to report to the President of ASU and the Board the disbarment of Dr. Crawford by the North Carolina State Bar, (b) an apparent conflict with Code of Alabama, Sections, 41-1-5 and 13A-10-62(a), and (c) some unknown violation for making a motion to transfer funds to the Trustees' account on July 9, 2014 before the Board's Executive Committee. Please be advised that the Board's ByLaws in Article I, Section 7 indicate the following: The Board may remove any officer of the Board upon conviction of a crime involving moral turpitude, following a due process hearing, upon a vote of the majority of the Board. Further, The Southern Association of Colleges and Schools, Comprehensive Standards indicate the following: 3.2.5 The governing board has a policy whereby members can be dismissed only for appropriate reasons and by a fair process (Board dismissal) 3.2.4 The governing board is free from undue influence from political, religious or other external bodies and protects the institute from such influence. (External influence) Your letter summarily removing me violates the SACS standards and the removal provision of the ASU Bylaws. Additionally your arbitrary removal denied me the fundamental right to receive notice of the charges and a due process hearing before the ASU Board of Trustees as the trier of fact. I have been denied the opportunity to call witnesses, cross examine and confront my accusers, produce documents, request documents, present evidence and refute these unfound allegations. Your unilateral removal deprives me of the rights and liberties bestowed upon me once I was appointed by Governor Bob Riley and confirmed by the Alabama State Senate. Unless reversed and rescinded immediately, your actions will constitute a violation of the SACS standards referenced above.. Also, it will expose the president and ASU Board members to a possible violation of their duty under SACS 3.2.4 to protect the institution from undue political influence . In light of the above, I am requesting that you (a)immediately withdraw and rescind your letter of removal dated July 25, 2014, (b) provide written notice of the charges and/or allegations against me, and (c) schedule a fair hearing before the ASU Board of Trustees consistent with SACS standards and the Board Bylaws. If you are unwilling to withdraw and rescind your letter, I am duty bound as a trustee to report your conduct to SACSCOC. Please act on this request by the close of business on Wednesday, July 30, 2014. You professed deep concern for ASU. Please demonstrate this by complying with the appropriate due process and SACS standards. Thank You,
/s/Marvin W. Wiggins Cc Members, ASU Board of Trustees Attorney Kenneth Thomas President Gwendolyn E. Boyd Michael S. Johnson, Senior Vice President and Chief Of Staff(SACS) Dr. Barry D. Golstein, Vice President (SACS)