2.9 Appeal Procedure for Negative Decisions in Reappointment, Promotion, and Tenure Cases

1. violation of federal and state legislation or university policy in regards to discrimination;

2. denial of academic freedom;

3. denial of procedural due process in consideration for tenure, reappointment, or promotion;

4. inadequate or faulty consideration and/or additional evidence presented in light of the procedures outlined in this document.

2.9.1 Formation of an Appeal Board

The petition for appeal must be filed with the chair of the Faculty Senate and the Provost by November 1 of the year of the decision. The chair of the Senate, no later than December 1, forms an appeal board for the case based on procedures outlined below.

The appeal board will include three tenured members of the faculty, none of whom participated in the original decision. The petitioner selects one appeal board member, who must be a tenured academic administrator (i.e., a dean, associate dean, assistant dean, vice provost, associate provost, institute director, or department chair). The President selects a full-time faculty member who is not an academic administrator. These two appeal board members then select a third member, from either the faculty or the administration, who becomes the chair. The names of the three board members are not released until all have been chosen.

In any appeal alleging discrimination in violation of federal or state law or University regulations, the appeal board must consult and be advised by the University Equity Office.

The appeal board has the authority to require the submission of sufficient evidence to determine if the allegation appears to have merit. The board must decide upon this issue by majority vote before proceeding with a consideration of the case. The burden of proof rests with the petitioner.

If the vote of the appeal board unanimously supports the administration, then its report is forwarded simultaneously to the President and the principals in the appeal. The President makes the final decision in the case.

2.9.2 Final Appeal when the Petitioner has at Least One Vote

When the petitioner has at least one vote, the case is submitted to the President for his reconsideration. If the President's decision does not change in favor of the petitioner, then the petitioner may present the case to the Chair of the Faculty and Academic Standards Committee of the Board of Visitors. The chair of this Committee, after reviewing the written record of the case, will within twenty- one days do one of the following:

1. deny the appeal for lack of merit; the chair must report a summary of the decision as a matter of information to the Committee at its next regularly scheduled meeting; the Committee may decide to take up the case if it wishes.

2. find that there appears to be merit in the appeal, and remand it to the appropriate level(s) within the University for reconsideration, giving specific instructions as to how the problems cited in the appeal should be addressed.

3. bring the case to the Faculty and Academic Standards Committee of the Board of Visitors, which can take option (1) or (2) above, or can submit the case to the full Board of Visitors.

The decision of the Chair of the Board's Faculty and Academic Standards Committee, of the full Committee, or of the full Board, will be transmitted in writing to the President and the petitioner, and is final.