WILMINGTON — Cape Fear Community College announced Monday that a lawsuit between its board of trustees and former trustee Ray Funderburk has been settled for $265,000.
Funderburk filed the lawsuit on June 2, 2023, after the trustees voted 9-4 to remove him from the board during a special meeting on March 8, 2023.
In a statement Monday, CFCC states its insurance carrier informed the college that Funderburk has incurred $265,000 in legal fees and that Funderburk and the insurance company were willing to settle for that amount.
“This action was taken to resolve the matter efficiently and does not represent any admission of liability by the Board of Trustees or anyone at the College,” CFCC’s statement reads.
Funderburk was unanimously appointed by the New Hanover County Board of Education in August 2022. He was ousted following accusations he made inappropriate comments during a student event that February that allegedly made the school look bad and attempted to influence a student’s grade.
The first accusation against Funderburk stemmed from his attendance at a Black student forum. Toward the end of the forum, according to statements the trustees collected from attendees, Funderburk took the microphone and commended the event, but questioned why the public and media were not notified so they could attend.
The trustees’ vice chair at the time, Jason McLeod, called it unbecoming for a trustee to publicly question staff decisions. McLeod added the event was intended to be a safe space for students, which was why it was not open to the public.
The second accusation against Funderburk happened after the Black student forum, when he allegedly approached a CFCC instructor who was eating lunch on campus. The instructor taught a dual-enrollment high school student who failed his class, which eliminated the student’s eligibility to play baseball.
The instructor wrote in an internal statement to McLeod he felt harassed and pressured to either change the failing grade or offer an alternative assignment to the student. The letter did not name Funderburk, but McLeod said he confirmed the faculty member was referring to Funderburk when describing “a trustee member.”
In a presentation made to the board before his ousting, Funderburk said he never asked the instructor directly to change the student’s grade and denied ur was his intent or expectation. Rather, he claimed he was trying to get information about how high school students are prepared for college courses.
After his removal, Funderburk filed the lawsuit claiming his state constitutional rights (mainly Article I) were violated in terms of to due process, property/liberty, and free speech.
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