GA Code § 20-3-20 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 3 - Postsecondary Education|Article 2 - Board of Regents and University System|Part 1 - Board of Regents|§ 20-3-20. Creation; Change of Name of "Trustees of the University of georgia."

  The board of regents is created.   The name of the corporation established prior to January 1, 1932, and existing under the name and style, "Trustees of the University of Georgia," is changed to "Regents of the University System of Georgia."    (Ga. L. 1931, p. 7, § 45; Code 1933, § 32-101; Ga. L. 1943, p. 670, §§ 1, 2; Ga. L. 1972, p. 1015, §§ 2201, 2202.)   Law reviews.   - For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims, see 27 Emory L.J. 717 (1978).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1364, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.   Waiver of immunity.    - Although the Regents of the University System of Georgia is a corporate body, established by former Code 1933, § 32-101, neither that act nor any following it have granted the corporation any power to sue or be sued. Regents of the University System of Georgia are therefore immune from suit under former Code 1933, § 32-101.1 because the powers and duties of the corporation have not been raised to constitutional status. McCafferty v. Medical College, 249 Ga. 62, 287 S.E.2d 171 (1982).   Power of the board of regents of the university system to sue and be sued waives Eleventh Amendment immunity in both state and federal courts. McCroan v. Bailey, 543 F. Supp. 1201 (S.D. Ga. 1982).   Immunity of regents from suit.    - Although the regents is a corporate body, established by O.C.G.A. § 20-3-20, neither the statute nor any other provision following the statute have granted the corporation any power to sue or be sued. The board of regents is therefore immune from suit under O.C.G.A. § 20-3-36, since there is no constitutional provision to the contrary. McCafferty v. Medical College, 249 Ga. 62, 287 S.E.2d 171 (1982).    Regents of the University System of Georgia is a distinct corporate entity, though controlled by a board of regents. State v. Regents of Univ. Sys., 179 Ga. 210, 175 S.E. 567 (1934); American Sur. Co. v. Griffin Banking Co., 50 Ga. App. 460, 178 S.E. 481 (1935).    Regents and board of regents are not two separate entities. There is but one entity in which are vested the government, control, and management of the University System of Georgia. Azizi v. Board of Regents, 132 Ga. App. 384, 208 S.E.2d 153 (1974), cert. dismissed, 233 Ga. 487, 212 S.E.2d 627 (1975).    University corporation is not the state, or a state agency, but is a creature of the state, and a debt of the creature does not stand upon a level with the creator and never can rise thereto, and the "regents of the University System of Georgia" is a corporation; thus, the state may be likened to a stockholder of which the regents are the directors. American Sur. Co. v. Griffin Banking Co., 50 Ga. App. 460, 178 S.E. 481 (1935).    Regents of University System of Georgia is not mere private corporation, but instrument of state for performing one of the functions of the government of the State of Georgia, to wit: that of the education of the state's people. State v. Davison, 198 Ga. 27, 31 S.E.2d 225 (1944).    Regents of the University System of Georgia is a governmental agency of the state in charge of property of which the title is in the state. Azizi v. Board of Regents, 132 Ga. App. 384, 208 S.E.2d 153 (1974), cert. dismissed, 233 Ga. 487, 212 S.E.2d 627 (1975).   Property granted by state for learning vested in trustees.    - All money or property granted by the state or by individuals for the advancement of learning is vested in the trustees. Trustees of Univ. of Ga. v. Denmark, 141 Ga. 390, 81 S.E. 238 (1914), overruled on other grounds, Hood v. First Nat'l Bank, 219 Ga. 283, 133 S.E.2d 19 (1963) (decided under former Code 1910, § 1364).    Trustees exercise none of the functions of civil officers. Trustees of Univ. of Ga. v. Denmark, 141 Ga. 390, 81 S.E. 238 (1914), overruled on other grounds, Hood v. First Nat'l Bank, 219 Ga. 283, 133 S.E.2d 19 (1963) (decided under former Code 1910, § 1364).   All branches of university suable.    - By former section, the state expressly gave the state's consent for the university to be sued, and this includes all the branches of the university. First Dist. Agrl. & Mechanical Sch. v. Reynolds, 11 Ga. App. 650, 75 S.E. 1060 (1912) (decided under former Code 1910, § 1364).    Cited in Williams v. McIntosh County, 179 Ga. 735, 177 S.E. 248 (1934); Regents of Univ. Sys. v. Trust Co., 186 Ga. 498, 198 S.E. 345 (1938); Galer v. Board of Regents of Univ. Sys., 239 Ga. 268, 236 S.E.2d 617 (1977); Board of Regents v. Atlanta Journal, 259 Ga. 214, 378 S.E.2d 305 (1989).   OPINIONS OF THE ATTORNEY GENERAL   University boards and directors abolished and corporation established in their place.   - It was not the intent of this article to repeal any of the laws creating the institutions comprising the University of Georgia or its branches; the effect of this article was merely to abolish the boards of trustees or directors of these institutions and establish in their place the Regents of the University System of Georgia. 1970 Op. Att'y Gen. No. 70-173.   Employment by board of regents constitutes employment by state department or agency.   - Employment by the board of regents in a position in the University System of Georgia is employment by or the rendition of services for a state department or agency. 1981 Op. Att'y Gen. No. 81-13.   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Colleges and Universities, § 3.   C.J.S.   - 14A C.J.S., Colleges and Universities, § 12 et seq.