29.8(2) Peer Review Procedures

1.  Initiating the process. As defined in III-29.8 above, non-probationary specialized faculty members wishing to challenge a qualifying employment decision may submit a written challenge (by email) to the Provost, attaching the challenged decision, and describing the basis for their challenge and the action/remedy requested, no later than 15 business days following the formal notification to the faculty member of the final decision giving rise to the challenge. The Provost shall forward the written challenge to the collegiate dean and presiding officer of the Judicial Commission within 5 business days.
2. Faculty peer review committee. Within 10 business days of being notified of the specialized faculty member’s challenge, the presiding officer of the Judicial Commission shall form a faculty committee to review the challenge. The committee shall be comprised of three faculty members from the Faculty Judicial Commission selected by the presiding officer using the same guidance described in 2III-9.7 and avoiding any conflicts of interest:
   1. All committee members shall be at an Associate Professor or higher rank;
   2. At least one committee member shall be from a specialized track and least one committee member shall be a tenured faculty member;
   3.  If feasible, one committee member shall be a specialized faculty member in the same track and from the same college as the specialized faculty member filing the challenge;
   4. No more than two committee members may be from the same college and no committee member may be from the same department or division as the specialized faculty member filing the challenge;
   5. For promotion disputes, all committee members shall be at higher rank than the specialized faculty member filing the challenge;
   6. The specialized faculty member filing the challenge or the Provost may submit written requests to not assign specific Judicial Commission members to the committee for cause;
   7. The committee selection will be determined by lot or equivalent random manner from a list of available Judicial Commission members and using the listed guidance as detailed above; and
   8. Either party may challenge a member of the Peer Review Committee who has been appointed, for a cause that becomes known to the party after the committee member’s appointment. The party must raise such a challenge with the presiding officer, who will determine, in consultation with the administrative officer, the appropriate manner for addressing the challenge.
3. The Faculty Peer Review Committee may meet with the specialized faculty member within 10 business days of the committee’s appointment. This meeting may be at the request of the review committee or specialized faculty member filing the challenge. In this meeting, the faculty member may provide additional context and support for their challenge and may submit relevant supplemental materials related directly to the decision. The Faculty Peer Review Committee also will obtain relevant information from the collegiate dean, Provost, and other appropriate sources to inform their review process. All documentation and faculty responses produced and used in arriving at the challenged university decision will be provided to the committee by the Provost. The committee may seek procedural guidance from the presiding officer, who may consult with the administrative officer.
4. Committee consideration and recommendation. The Peer Review Committee shall carefully review the challenge and supporting materials and consult as needed with other parties on the appropriate recommendations to be provided. The committee shall complete a concise written report within 15 business days after meeting with the faculty member, if such a meeting occurred, or otherwise within 20 business days of receiving the challenge and supporting documentation. For the committee to recommend reversal of an administrative decision, the standard of proof is by clear and convincing evidence. The committee should use (as appropriate) report preparation guidance provided in III-29.7 for tenure-track policies when preparing their report. The committee will submit its report to the Provost who will provide a copy to the faculty member. The faculty member has the option to provide a written response to the committee report within 5 business days of receiving the report from the Provost.
5. Provost review and decision. The Provost shall review the Peer Review Committee’s report and recommendation, giving it due consideration, and shall issue a final written decision within 15 business days after receiving the committee’s report, copying the faculty member, the dean, and other appropriate parties. The Provost may consult, as needed, with any other parties to obtain additional relevant information. The final decision’s scope is at the discretion of the Provost and may uphold all or part of prior administrative decisions and may include remedies such as re-review of prior decisions made at departmental, collegiate, or Provost levels.
6. Final university action. A determination of the Provost shall constitute final university action on the matter, and the faculty member may seek appeal before the Board of Regents, State of Iowa, pursuant to its policies and procedures.