5.5.5 Appellate Process and Timeline

5.5.5.1   Right to Appeal a Failure of the Performance Improvement Plan

Any candidate who receives an unsatisfactory PIP may appeal that determination. To exercise the right to appeal, candidates must submit their written letters indicating the desire to appeal (the “Notice of Appeal”) to the provost within 10 business days of official notification of the dean’s Performance Improvement Plan decision and requesting review by the college PTR committee. Failure to submit a notice of appeal within 10 business days will constitute a waiver of the right to appeal. The provost, in their sole discretion, may grant an extension to this deadline.

5.5.5.2 Process for Appeal

The candidate has ten business days from receiving the recommendation of the dean/dept. chair to inform the provost of the desire to appeal.  Upon request to review the recommended action by the candidate, further due process will include the following:

The college PTR committee will review the materials that attest to PIP progress and the proposed remedial action and make their recommendation.  Their review will be informed by evaluations from the departmental PTR committee of the PIP, which will constitute part of the record.

The college PTR committee will review the recommendation of the department PTR committee, the departmental chair/coordinator and dean.

The college PTR committee may exercise its judgment as to whether an in-person hearing is necessary to resolve differences. The recommendation of the college PTR committee must be based solely on a review of the records. The college PTR committee will issue its recommendation to the provost and the candidate within 20 business days of the request for review by the candidate.

Within 5 business days of receiving the recommendation(s) from the PTR committee, the provost shall send an official letter to the candidate notifying them of the decision.

The candidate may appeal to the President of the institution within 5 business days of receiving the decision from the provost. The President’s final decision shall be made within 10 business days and should notify the candidate of his or her decision and the process for discretionary review application as provided for in the Board of Regents’ Policy.

If the remedial action taken by the president is dismissal, the candidate may complete their faculty assignment for the current semester at the discretion of the institution; however, the semester during which a final decision is issued will be the last semester of employment in their current role.

An aggrieved candidate may seek discretionary review of the institution’s final decision pursuant to BOR Policy 6.26 Application for Discretionary Review.