10.03 Tenure Appeals
A tenure-track faculty member (“Appellant”) may appeal the denial
1. The regularly-scheduled tenure review is a review which is mandatory under the applicable institution’s policies. Early consideration for tenure and a review occurring after the regularly-scheduled tenure review are discretionary, and the procedures of this section apply only if discretionary review is granted and the Executive Director elects to use them.
2. The notice of appeal must be filed within twenty (20) days of the date of the final institutional decision. The notice of appeal is filed when it is received by fax or in hard copy by the close of business at the office of the institutional head.
a) The notice of appeal must identify the following information:
i. The Appellant(s);
ii. The decision or order from which appeal is taken;
iii. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order;
iv. The relief sought; and
v. The grounds for relief.
b) The Appellant must state all issues supporting the appeal in the notice of appeal. Failure to state an issue in the notice of appeal shall serve as a waiver of that issue on appeal.
Appellant may not raise an issue or argument before the Board of
B. The institutional head shall deliver the notice of appeal, the record (as defined below) along with a concise written response to the notice of appeal, to the Board of Regents General Counsel no later than twenty (20) days after the receipt of the notice of appeal by the institutional head. The institutional head shall also send a copy of the record and the institution's written response to the notice of appeal to the Appellant or to the Appellant's counsel.
1. The record shall include:
a) Copies of institutional and department policies and procedures relevant to the appeal;
b) Confidential recommendations or reviews (refereed or others as determined by the institution) that were part of the tenure decision. The institution may claim privilege in the identity of reviewer or in entire content of the review or recommendation, in which case the Appellant will not receive that information identified as privileged.
c) Copies of all other non-privileged materials contained in the Appellant’s official tenure file. The institution shall notify the Board of Regents General Counsel whether any other items are withheld under a privilege, and shall identify those items;
d) All official communications between the institution and the Appellant relevant to the appeal, including recommendations of any grievance committee or reviewing body;
e) Documents submitted by the parties to a grievance committee or reviewing body;
f) The written decision of the final institutional decision-maker.
2. Within ten (10) days of the date the record is sent, the Appellant may object to the record submitted by the institution.
objection shall be in writing addressed to the Board of
b) If the hearing was recorded but no transcript of the hearing has been made, either party may request that a transcript be prepared.
i. If such a request is made, a transcript will be prepared and a copy provided to each party at the expense of the party requesting the transcript unless alternative arrangements have been made for adequate cause;
ii. The Board Office reserves the right to request that a transcript be prepared at the expense of the institution.
Appellant desires to supplement the record, he or she must at
institution shall have ten (10) days to respond. The response
Board will not consider new or additional evidence or information
limits specified in this subsection may be extended at the
C. Written Arguments by the Parties
1. Within twenty (20) days of the date the record is sent, the Appellant shall file a memorandum in support of the appeal. The memorandum is filed when it is received by the Board of Regents General Counsel. The memorandum must be signed by the Appellant, or by the Appellant’s counsel. Factual allegations must include specific references to the record at the institutional level. New factual material and new issues not a part of that record will not be considered on appeal to the Board.
2. The Appellant shall send a copy of the Appellant’s memorandum to the institutional head. The institutional head or designee shall file a written response with the Board of Regents General Counsel no later than twenty (20) days from the institutional head’s receipt of the Appellant’s memorandum. Factual allegations must include specific references to the record at the institutional level. New factual material and new issues not a part of that record will not be considered on appeal to the Board. The institutional head or designee shall send a copy of the institution’s response to the Appellant or to the Appellant’s counsel.
No further written arguments will be accepted from either party
4. If either party desires oral argument before the Board, the party shall make such a request in a separate document attached to the written argument. Oral argument shall be discretionary with the Executive Director.
D. The Appellant shall have the burden of proof on the appeal. The Appellant must show by a preponderance of the evidence that the institution’s final decision was:
1. Not supported by substantial evidence in the record;
2. Arbitrary and capricious; or
Unconstitutional or otherwise contrary to law, including procedural
E. Following the review, the Board may affirm, modify, remand, or reverse all or any part of the order or decision of the institution. The decision of the Board represents final agency action. The Appellant may seek judicial review as permitted by law.