8.6 Application for Discretionary Review
Any student or employee in the University System aggrieved by a final decision of the president of an institution may apply to the Board’s 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 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 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 Legal Affairs within a period of twenty calendar days following the decision of the president. Legal Affairs shall determine whether the application for review shall be granted. 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 shall review the decision of the president. Said Committee shall consist of the Vice Chancellor for Legal Affairs or his or her designee, the Vice Chancellor for Academic Affairs or his or her designee, the Vice Chancellor for Human Resources or his or her designee, and any other person or persons deemed appropriate by the Committee. Legal Affairs may issue guidelines governing the process for review. The decision of 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 Committee on Organization & Law retains the authority to make an exception to this policy in its discretion.
Legal Affairs shall periodically report to the Organization and Law Committee of the Board of Regents regarding applications for discretionary review filed and their dispositions.↑ Top