Board of Regents Policy Manual

Official Policies of the University System of Georgia

6.26 Application for Discretionary Review

Any student or employee in the University System aggrieved by a final decision of the President of a University System of Georgia institution may apply to the University System Office of Legal Affairs (“Legal Affairs”) for a review of the decision. Review of the decision is not a matter of right, but is within the sound discretion of USO Legal Affairs. If granted, the discretionary review shall be limited to the record from the institutional appeal process. Nothing in this policy shall be construed to extend to any party substantive or procedural rights not required by federal or state law. This policy shall not be construed to extend to any party any expectation of employment, admission, or additional due process rights. This policy is not part of the due process rights afforded to students or employees of the University System; those rights have been fully afforded upon the decision of the President. The Board of Regents reserves the right to change this policy at any time and to make such changes effective retroactively to any pending application.

Each application for review shall be submitted in writing to USO Legal Affairs within a period of twenty calendar days following the decision of the President. USO Legal Affairs shall determine whether the application for review shall be granted. USO Legal Affairs may at its discretion refer a matter for mediation, arbitration, reconsideration, or evaluation of settlement options.

If an application for discretionary review is granted, a Committee composed of the following USO administrators shall review the final institution decision: the chief legal officer or his or her designee, the chief academic officer or his or her designee, the chief human resources officer or his or her designee, and any other person or persons deemed appropriate by the Committee. USO Legal Affairs may issue guidelines governing the process for review.

The decisions of the USO Legal Affairs and the Committee shall be final and binding for all purposes. There shall be no recourse to the Chancellor or the Board of Regents from such decision; provided, however, that the Board of Regents’ Committee on Organization and Law retains the authority to make an exception to this policy in its discretion.

USO Legal Affairs shall periodically report to the Committee on Organization and Law Committee regarding applications for discretionary review filed and their dispositions.

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