60  Appeals and Appearances before the Board

Approved by Board of Trustees
Effective Date: June 5, 2017
Responsible Division: President
Responsible Office:  Office of the University Counsel
Responsible Officer:  University Counsel

I. Purpose

This policy sets the conditions and procedures for appeals to, and appearances before, the Board of Trustees (Board).

II. Appeals to the Board

A.  Negative recommendations for tenure or promotion may be appealed to the Board. The faculty member must first have completed the appeal process set out in Policy 206 Tenure and Promotion Appeals.

B.  Termination of employment due to a reduction in force resulting from a declaration of financial exigency made pursuant to Policy 40 Financial Exigency may be appealed to the Board. The employee must have exhausted the appeal process provided in Policy 40 Financial Exigency

C,  A student or employee may appeal a matter subsequent to a final adverse decision of the President in which it is alleged that the University violated state or federal law or University policy. Any available University complaint and/or appeal procedure must be exhausted prior to consideration by the Board.   

D.  Decisions resulting from hearings held pursuant to the Uniform Administrative Procedures Act, T.C.A. ยง 4-5-301, et. seq., are not appealable to the Board.

E.  Matters not appealable to the Board, absent an allegation of violation of state or federal law, shall include, but are not limited to:

1.  Termination of executive, administrative, professional, clerical, and support employees during, or at the end of, the initial probationary period, or pursuant to the terms of the employment contract;

2.  Non-renewal of a tenure-track faculty appointment during the first four (4) years of the probationary period;

3.  Denial of tenure unaccompanied by notice of termination in the fifth (5th) year of the probationary period;

4.  Non-renewal of a temporary faculty appointment;

5.  Salary determinations;

6.  Student academic matters such as grade appeals, failure to meet retention policies;

7.  Performance evaluations of faculty or staff; or,

8.  Residency classification of students for tuition and fee purposes.

F.  If, at any time during the pendency of the appeal, a lawsuit, based on the same subject matter as the appeal, is filed, the Board has the discretion to suspend consideration of the appeal or dismiss the appeal without further action. However, this discretion cannot be exercised in an appeal concerning discrimination or harassment.

Complaints from students or prospective students regarding accreditation or violation of state or federal law may be submitted for appropriate review and action, as required by 34 CFR 600.9(a))1), pursuant to this process found on the Complaint Process website