Negative Decisions and Appeal Process

If at any point in the process, the candidate is not recommended for tenure or promotion by either the appropriate faculty committee or responsible administrator, the candidate must be notified of that negative recommendation and must be informed of the right to request reconsideration of the decision as provided in the Board of Regents Bylaws, Section 4.8(a). The candidate must inform the committee or administrator not recommending tenure in writing of his/her intent to request reconsideration/appeal of the decision within two working days after receipt of notification of a negative recommendation. The candidate will have five working days after the initial notification of a negative recommendation to prepare the reconsideration/appeal, which must be presented in writing. If the candidate so chooses, they can also orally present the written material to the group. The group or individual to whom the reconsideration/appeal is being made must inform the candidate of the decision within five working days after the reconsideration appeal has been presented. If reconsideration is requested, the recommendation shall not be forwarded until the reconsideration is complete. If the candidate requests a statement of reasons or requests reconsideration of a decision within these time lines, such requests will be granted as expeditiously as possible. The group or individual, to whom the reconsideration/appeal is made, must give their response in writing to the candidate and must justify the decision and any changes made in the decision. The department must schedule the review process so that any reconsideration shall be completed in time to meet established submission deadlines to the next level of consideration. The purpose of the statement of reasons is to give an unsuccessful candidate an opportunity to prepare a rebuttal argument. To allow for a meaningful opportunity to respond, the candidate must be given the opportunity to review the file. No negative recommendation shall be forwarded until the reconsideration is complete.