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10.01         General Procedures 

A.                Jurisdiction.

An adversely affected employee or student of an institution under the jurisdiction of the Board of Regents, State of Iowa, who is aggrieved by final action of an institution may appeal the final action to the Board of Regents.  The Board of Regents will consider, as a matter of right, appeals of the following matters: 

1.    An employee may appeal a final institutional decision regarding dismissal, suspension without pay, or the denial of tenure resulting from a regularly scheduled tenure review as defined by section 10.03. 

2.     A student may appeal a final institutional decision regarding expulsion from the institution. 

All other matters will be considered discretionary review and may be appealed only if a right to appeal is specifically granted.  The Executive Director will determine whether a discretionary appeal will be heard under this policy and will notify the parties in writing whether and, if applicable, when the appeal will be heard. 

B.                 Appeals or Grievances Governed by Contract, Policy, Statute or Rule 

1.                 An appeal arising out of a contested case as defined by Iowa Code Chapter 17A may be appealed as provided by Chapter 681 of the Iowa Administrative Code, subsection 20.27. 

2.                 All employees covered by a collective bargaining agreement under Iowa Code Chapter 20 shall pursue appeals or grievances as identified in the agreement. 

3.                All Regent merit system appeals shall be conducted in accordance with administrative rules as provided by Chapter 681 of the Iowa Administrative Code, section 3. 

4.                 Appeals from terminations of teacher contracts at the special schools shall be conducted in accordance with Iowa Code sections 279.12 through 279.19. 

5.                Vendor appeals shall be conducted in accordance with Board Policy section 7.06. 

C.              Single Appeal.  In the event an institutional policy provides an employee or student with different options for an internal appeal within the institution, only one appeal of the same or substantially similar subject matter or parties shall be allowed to the Board of Regents.  The Executive Director may reject or consolidate appeals that arose out of the same subject matter.  The Executive Director may also sever multiple claims brought as a single appeal. 

D.              Counting Days.  As used in this policy, “days” shall mean consecutive calendar days.  If the last day of the counting period falls on a day when an office is closed, the counting period shall be extended to the next business day. 

E.              When a party fails to exercise the appeal rights under this policy, the party accepts the final institutional decision and waives the right to contest the matter further.   

F.               Parties may be represented by legal counsel during the appeal process. 

G.             Prohibited Communications. Except for inquiries regarding procedure or scheduling only, no party shall communicate with the Executive Director, Board of Regents General Counsel, an employee of the Board Office, or a member of the Board of Regents regarding an appeal without notice to the other parties and an opportunity for all other parties to participate.