Judge rules SAVE SAU group can't make changes to Saint Augustine's University board

Some members of a group fighting to save Saint Augustine’s University believe the future of the historically Black university could be in jeopardy.

Judge Becky Holt ruled Thursday that the SAVE SAU group is not allowed to make changes to the Saint Augustine’s University Board of Trustees.

Cameras were not allowed in the courtroom for Thursday’s hearing, but WRAL News sat inside during Holt’s ruling.

Holt said state law prevents the group from pursuing legal action against the university’s board of trustees. The group has blamed the board for putting the historically Black university on the brink of shutting down due to financial issues.

“I think this was the right result,” said Ted Edwards, who is the attorney on behalf of the Saint Augustine’s Board of Trustees.

Edwards said the ruling is due to the language in the statute.

“The statute is very clear about who has standing to bring cases against nonprofits, which the university is a nonprofit,” Edwards said. “The plaintiffs in this case didn’t meet that criteria.”

Save SAU member John Larkins had a different opinion.

“This was a situation where it was decided on a technicality on statutes and not necessarily on the merits,” Larkins said.

The Saint Augustine’s University Board of Trustees released an official statement about Thursday's dismissal:

"The Board of Trustees of Saint Augustine’s University (SAU) appreciates the court’s decision to dismiss the baseless lawsuit filed by the Save SAU Coalition," the statement reads in part. "We respect and value the judicial process, and we are grateful that the court has recognized our commitment to operating within the bounds of the law and prioritizing the best interests of our institution and its stakeholders."

On May 31, 2024, the Save SAU group filed a lawsuit to remove the current Saint Augustine’s University Board of Trustees for breach of fiduciary duty.

SAVE SAU alleges that Brian Boulware, chairman of the St. Augustine University Board of Trustees, benefited from the brokerage fee paid by the school on a $7 million loan, allowed wire transfers for hundreds of thousands of dollars with no paperwork and left the university on the brink of losing its accreditation and with it, federal funding nearly eight in 10 students depend on.

The Southern Association of Colleges and Schools Commission on Colleges will make a final decision regarding the university’s accreditation in December.

In June, Boulware wrote a letter to the university’s student body, alumni and campus community. He denied using the school as a “Personal Piggy Bank.”

“We’re not giving up,” Larkins said Thursday. “We’re here to win, and we’re going to keep trying to do what’s best to save our institution.”

The SAVE SAU group tried to subpoena Boulware to attend Thursday’s court session, but couldn’t reach him.

WRAL News reached out to Boulware, who said he was out of state.

Edwards’ attorney said it wasn’t necessary for Boulware to attend Thursday since it was a procedural issue and not something board members would typically attend.