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Home / Decisions / Mitchell v. The University of N.C. Board of Governors
Mitchell v. The University of N.C. Board of Governors
Filed October 17, 2025

The vote

5–0
Divided
+2 in part
7 of 7 justices participating
Concurring in part, dissenting in part 2 justices Joined part of the ruling, dissented from the rest

Lineup parsed from the opinion and verified against the PDF.

Issue

State agency's interpretation of its regulations—reviewable de novo on appeal—agency interpretation not binding

Summary

In an administrative case that arose after a state university fired a professor for neglecting various job duties and for using offensive racial slurs, where the professor argued that the university failed to follow its own rules governing the dismissal of tenured professors, the Supreme Court affirmed and modified the Court of Appeals' decision upholding the professor's termination to clarify the appropriate standard of appellate review. Specifically, where the issue on appeal was whether a state agency (here, the university system Board of Governors) properly interpreted its own rules and regulations, the Court of Appeals was not required to defer to the agency's interpretation but rather could freely substitute its judgment for that of the agency and employ de novo review.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →

The record

DecisionModified and Affirmed
Docket121A23
CountyForsyth County
CategoryWorkplace Rights