Tenure-Track Judicial Procedures

29.7 Tenure-Track Judicial Procedures

Note: Hearings on III-29.6 Ethics and Conduct Violation must be held within 10 business days of assigning panel.

Petition to initiate proceedings.
1. Petition by faculty member. A faculty member may initiate a challenge to a university decision within the scope of these procedures by submitting a petition:
  1. For a challenge to denial of reappointment, tenure, or promotion (III-29.3): within 30 business days after the faculty member receives the Decision Notice; or
  2. For a challenge to a university decision under the Grievance policy (III- 29.4): within 20 business days after the faculty member receives the Statement of Reasons from the Provost.
    
    The petition shall be directed to the presiding officer of the Faculty Judicial Commission, who shall forward copies of the petition to the faculty member's DEO, the collegiate dean, and the Provost. The faculty member must attach to the petition a copy of the challenged decision and related documents supporting the petition. The petition also must specify the ground(s) for the challenge with as much specificity as possible based on evidence or information available to the faculty member when the petition is submitted. If the faculty member has no basis for proceeding on a particular ground, then that ground may not be included in the challenge.
2. Petition by the Provost. The Provost may initiate a proceeding against a faculty member pursuant to the III-29.5 Unacceptable Performance Warranting Termination or III-29.6 Ethics and Conduct Violation by submitting a petition to the presiding officer of the Faculty Judicial Commission, stating the allegations and attaching related documents supporting the petition. The presiding officer shall forward copies of the petition to the faculty member, their DEO, collegiate dean, and administrative officer.
Pre-hearing actions by the presiding officer.
1. In any matter other than one under III-29.4 Faculty Grievance, the presiding officer shall appoint a faculty judicial panel to review and decide the case.
2. In a matter under III-29.4 Faculty Grievance, the presiding officer shall review the petition to confirm that it falls within the scope of that policy.
  1. If the matter falls within the scope, the presiding officer shall appoint a faculty judicial panel to review and decide the case;
  2. If the matter does not fall within the scope, the presiding officer shall notify the faculty member and the Provost. The President of the university shall then review the presiding officer’s decision and decide whether the claim falls within the scope as follows:
    1. Within 10 business days of receiving the petition, the presiding officer shall provide the President with a copy of the petition and the presiding officer's decision that the petition does not fall within the scope. In making the final determination, the President may request oral or written statements from the parties to be submitted within 10 business days of the request. Oral statements shall be presented to the opposing party at the same time as the President and be recorded. Any party submitting a requested written statement shall copy the opposing party and the presiding officer.
    2. The President shall notify the presiding officer of the decision within a reasonable period, ordinarily to be within 10 business days after the deadline for submitting statements, if any, and the presiding officer shall forward copies of the President's decision to the faculty member and the Provost.
    3. If the President determines that the petition falls within the scope, then the presiding officer shall appoint a faculty judicial panel to review and decide the case.
    4. If the President determines that the petition does not fall within the scope, that decision shall constitute final institutional action subject to appeal, if any, to the Board of Regents, State of Iowa, pursuant to the Board of Regents Policy Manual.
3. Assignment of panelists to case. The presiding officer shall assign panelists to a matter under III-29.6 Ethics and Conduct Violations no later than 5 business days after receipt of the petition. In all other matters, the presiding officer shall assign the panelists within 15 business days.
4. The presiding officer shall maintain a current list of the members of the Faculty Judicial Commission. This list shall be a public document and available to the parties in any case under these procedures. When a case arises requiring the assignment of a panel, the Presiding Officer shall not assign:
  1. any panelist whom the presiding officer determines has had prior interactions with any party that might make it difficult or appear to make it difficult for the panelist to be impartial;
  2. any panelist against whose service any party shows cause to the satisfaction of the presiding officer;
  3. any panelist whose faculty appointment is without tenure if the case concerns denial of tenure;
  4. any panelist whose rank is below the rank to which promotion is at issue in the case;
  5. any panelist who will not be able to serve continuously until the panel can make its final report;
  6. any panelist who has served on a panel during the preceding semester, unless it is determined that no other panelist is available for service on the new panel. In no case shall a panelist currently serving on a panel be appointed to serve on a second panel unless all other eligible members are also currently serving on a panel.
5. The presiding officer shall then assign three panelists from the remaining list by lot or in any other random manner, except that, in making these assignments:
  1. the presiding officer shall not assign more than one panelist from any single college in any cases brought under III-29.3 Denial of Reappointment, Tenure or Promotion; and
  2. the presiding officer shall assign at least one panelist holding the rank of tenured professor to any panel in a case challenging denial of tenure or promotion.
6. After the composition of the panel is determined, the presiding officer shall appoint one of the panelists to chair the panel and notify the administrative officer, who shall notify the parties.
7. Either party may challenge a member of the Faculty Judicial Panel who has been appointed for a cause that becomes known to the party after the panelist’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.
Procedures in faculty-initiated matters only.
1. Faculty member claim within grounds. Once a panel has been appointed in a matter initiated by a faculty member, the presiding officer shall direct the panel to review the petition and to decide within 10 business days whether, regardless of its validity, it states a frivolous claim or falls outside the grounds for challenge stated in the applicable policy. To make this determination, the panel may, in its discretion, request oral or written statements from the parties to be submitted within 10 business days of the request. Oral statements shall be presented to the opposing party at the same time as the panel and will be recorded. Any party submitting a requested written statement shall copy the opposing party and the administrative officer. If the panel decides that the petition states a frivolous claim or falls outside the grounds for challenge, the panel shall end its review and make its report to the administrative officer. If the panel decides that the petition does not state a frivolous claim and does fall within the grounds of the applicable policy, it shall notify the administrative officer, who shall notify the presiding officer and initiate the proceedings.
2. Submission of preliminary statements in faculty-initiated matter. The administrative officer shall communicate with the parties and direct each party to provide, ordinarily within 10 business days, a preliminary statement which shall include the following:
  1. a statement of the issues of fact or judgment, organized according to each applicable ground for challenge, that identify the points of disagreement between the university and the faculty member;
  2. a list of the relevant non-testimonial evidence each party seeks from the opposing party or from others not party to the dispute;
  3. copies of any relevant non-testimonial evidence in the party's possession, custody, or control; and
  4. the identity of and contact information for witnesses each party plans to call at a hearing.
Compiling the record.
1. Compiling the record in a faculty-initiated matter.
  1. The administrative officer shall obtain the relevant non-testimonial evidence requested by the parties in their preliminary statements. The administrative officer is empowered to request and to receive the cooperation of the Provost, the collegiate dean, the DEO, the grieving faculty member, other faculty members, and other university employees in securing all non-testimonial evidence of reasonably probable relevance to the case. Appropriate evidence may include personnel records concerning teaching, scholarship, or professional service of other faculty members. Faculty members, staff, and officials of the university have a duty to deliver promptly any such documents, including personnel files, that are requested by the administrative officer and otherwise to cooperate with the investigation. Confidentiality of materials used in these proceedings is addressed below.
  2. If the parties dispute the relevance of any document or part of a document, then the administrative officer shall discuss with the parties the possible resolution of the dispute and if no mutual resolution is identified, the administrative officer shall consult with the panel and notify the parties of the determination.
  3. The record shall consist of all the relevant non-testimonial evidence that the administrative officer has obtained for the case.
2. Compiling the record in a Provost-Initiated matter. In any matter initiated by the Provost, the record shall be compiled as follows:
  1. in an ethics and conduct case (III-29.6), the Provost shall provide any investigative findings and the faculty member’s personnel record;
  2. in an unacceptable performance case, the Provost shall provide the record as defined in III-29.5.
3. The administrative officer shall assist the panel as necessary in obtaining, with notice to the faculty member and the Provost, any other relevant non-testimonial evidence the panel may desire before proceeding to hearing. The administrative officer shall also communicate with the faculty member and Provost regarding other hearing activities defined under Rights of the Parties described in paragraph l(6) below. These activities are conducted within the hearing timelines defined below.
Distribution of the record to the parties. The administrative officer shall provide the parties with a copy of the record and any additional submissions by the parties applicable under the procedures.
Confidentiality. The proceedings themselves are confidential, as are the records used in the proceedings. During the investigation, all non-testimonial evidence obtained for a case shall be presumed to be confidential with respect to all persons who do not need to have access to the evidence in performing their duties or exercising their rights under these procedures. To facilitate use of confidential records necessary for the faculty panel’s review and determination while maintaining the confidentiality required, the administrative officer will provide confidentiality agreements for the parties, their legal counsel, and the panel to sign. Notwithstanding such confidentiality agreements, documents that were written with an explicit or implied expectation that they were confidential or would not be revealed to the faculty member shall be made available to the parties only after the name of the author of the document is excised and only, to the maximum extent possible consistent with providing the substance of the contents of the document to the parties, after identifying aspects or portions of the documents have been excised.
Written argument and rebuttal in a faculty-initiated matter. In consultation with the panel, the administrative officer shall direct the parties in a matter initiated by the faculty member to submit to the administrative officer and to the opposing party and counsel their respective argument in writing within 15 business days of receiving the record. In their arguments, the parties shall set forth their respective positions on the opposing party's preliminary statement and on the record provided by the administrative officer. The administrative officer shall permit parties to submit a rebuttal to the argument within 10 business days of receiving the argument. The parameters and schedule of arguments and rebuttal, if submitted, shall be entirely within the discretion of the administrative officer in consultation with the panel. The parties may neither submit any additional evidence, nor any witness statements or affidavits with arguments or rebuttal, although the parties may attach summary exhibits such as charts, tables, or graphs created for purposes of these proceedings.
1. Assistance to the parties. Throughout the investigation, the administrative officer may meet with the parties together or separately and may assist them in complying with the procedural requirements, as seems appropriate to the administrative officer.
2. The administrative officer may extend deadlines for submissions by the parties when doing so, in the administrative officer's judgment, will expedite the case and/or substantially improve the quality of the material presented to the panel.
Report to the panel. All materials shall be delivered to and managed by the administrative officer. The administrative officer shall report to the panel in writing any party’s failure, delay or obstruction related to these procedures. The panel will weigh the concerns accordingly.
Distribution of materials to the panel. The administrative officer shall provide each member of the judicial panel with the record and any preliminary statements, arguments, and rebuttal submitted in response to the administrative officer’s request for them.
Desirability and timing of oral argument and/or hearing. The judicial panel shall hold a hearing and/or entertain oral argument if the panel or either party desires it. In any matter under III-29.6 Ethics and Conduct Violation, the hearing shall occur no later than 10 business days following assignment of the faculty panel. In all cases, the administrative officer shall impose limitations on the time for argument to the panel. The administrative officer shall advise the parties of the judicial panel's limitations on the factual issues to be considered in any hearing. In any matter other than one under III-29.6 Ethics and Conduct Violation, the parties and their attorneys shall meet with the administrative officer after arguments and rebuttal, if any, have been submitted, to discuss:
1. the desirability of a hearing before the judicial panel at which oral testimony will be taken from witnesses on one or more of the grounds, and the factual issues to be addressed by such testimony; and
2. the desirability of oral argument by counsel or the parties to the judicial panel regarding the issues presented under one or more of the grounds and the time constraints reasonably to be imposed on such argument.
Communication between the panel and the parties. All communication regarding the case by either party or counsel, to the judicial panel or to any of its members, shall be directed through the administrative officer, except at any hearing held in the case. This rule shall apply even if such communication is responsive to a prior communication from the judicial panel or any of its members. A copy of all communication regarding the case by the judicial panel or any of its members to either party shall be given to the opposing party, all counsel, and the administrative officer.
The nature of the hearing.
1. Closed hearing. The hearing shall be closed to maintain the confidentiality of the proceedings. Accordingly, only the following persons may attend: the panel; the parties and their counsel, and the faculty member’s advisor, if any; the administrative officer, the testifying witness, and the recorder of the proceedings.
2. Recording. The hearing shall be video recorded. The administrative officer shall ensure that the recording process maintains the confidentiality of the evidence, and that the resulting recording is maintained in a secure manner, protecting its confidentiality. The record of the hearing may, at the discretion of the panel, exclude the discussion of procedural matters. Either party or the panel may request that the proceedings also be recorded by a stenographic reporter and/or transcribed. The party requesting such additional recording or transcription shall bear its cost; if the panel requests it, then the office of the administrative officer shall bear its cost.
3. Confidentiality. All testimony shall be presumed to be confidential with respect to all persons who do not need to have access to that information in performing their duties.
4. Sequestration of witnesses. Witnesses shall be sequestered from the hearing when not testifying.
5. Right to advisor. The faculty member may be accompanied by another faculty member of their choice, who shall take the role of advisor. A witness shall not serve as an advisor. If the faculty member has an advisor (other than or in addition to an attorney), the advisor shall not communicate with the panel or any of its members about any aspect of the case at any time, whether orally or otherwise, while the matter is pending; and shall comply with the confidentiality provisions and all other provisions in these procedures.
6. Rights of the parties. Subject to paragraph l(7) below, each party shall have the following rights:
  1. to decide which witnesses to call to testify on behalf of that party;
  2. to present evidence through the testimony of a party's own witnesses;
  3. to present any other relevant evidence;
  4. to cross-examine any witness called by the other party;
  5. to make an opening statement before and a closing argument after the presentation of evidence;
  6. to be consulted and to present oral and/or written argument for the purpose of influencing any decision made by the administrative officer in the exercise of the administrative officer's authority to control the hearing.
7. Administrative officer rights and responsibilities. The administrative officer shall have the authority to control the hearing, in consultation with the panel, including but not limited to the authority:
  1. to ask questions of any witness after the parties have completed questioning of that witness;
  2. to limit the presentation of evidence on grounds of irrelevancy or redundancy when necessary to avoid an excessively long hearing, but the administrative officer shall not exclude evidence on the basis of formal rules of evidence that would govern a judicial proceeding;
  3. to limit the length of opening statements and closing arguments;
  4. to limit the length of the parties’ written arguments, if any;
  5. to set the date, time, and place for conducting the hearing, including the beginning, ending, adjournment, and any reopening, in the interest of expediting the proceeding and accommodating the convenience of the parties; and
  6. to take such action as seems appropriate to preserve the confidentiality of marked documents or other confidential matters as reasonably appropriate consistent with a full opportunity of each party to present and access relevant evidence.
8. Panel authority and responsibilities. The panel shall have the authority to ask questions of any witness. The judicial panel shall make findings of fact and shall draw conclusions based on those findings, consistent with the burdens of proof and standards of judgment, as provided below.
Burden of proof and standard of judgment in proceedings initiated by the faculty member. The faculty member bears the burden of proof in all cases challenging denial of reappointment, tenure, or promotion under III-29.3 and all grievances under III-29.4. The standards of judgment applicable to the grounds in those proceedings are set forth below.
1. Violation of a university obligation.
  1. In order to gain a favorable recommendation from the panel on this ground:
    1. in the case of reappointment, tenure, or promotion, the faculty member must show, by clear and convincing evidence, that on the basis of a written promise to the faculty member by an authorized administrator of the university, the faculty member was justified in believing that reappointment, tenure, or promotion would be granted on the basis of the faculty member's acknowledged accomplishments and that the faculty member relied detrimentally on that promise.
    2. in a case under the Grievance procedure, the faculty member must show by preponderance of the evidence that the university decision had a substantial impact on the faculty member’s position.
  2. The faculty member must either present in evidence the written document or documents upon which the claim of a violation of a University obligation is based or else justify the failure to do so. If the faculty member shows only, or the panel otherwise finds, that the promise was conditional on adequate performance or some other requirement whose satisfaction is independently at issue, the panel shall not find in favor of the faculty member on this ground.
  3. If the panel finds in favor of the faculty member on this ground, it shall recommend that the faculty member be granted reappointment, tenure, or promotion as appropriate. In a Grievance case, the university decision must be remedied as appropriate.
2. Clearly adequate record of achievement.
  1. In order to gain a favorable recommendation from the panel on this ground, the faculty member must show, by clear and convincing evidence, that the faculty member's record of achievement justifies reappointment, tenure, or promotion as the case may be. Thus, the panel shall sustain the challenged decision unless the panel is of a firm and definite conviction based on the faculty member's record that denying the faculty member such tenure, promotion, or reappointment was unjustified.
  2. The panel shall judge the merits of a claim of a clearly adequate record of achievement in the case of a reappointment, tenure, or promotion decision in accordance with the provisions of III-10 In the absence of written standards,
  3. the panel shall deem the standards to be those that prevailed in comparable decisions concerning other faculty members. The panel may also consider comparable decisions concerning other faculty members during the period of the faculty member’s appointment in interpreting and applying written standards.
  4. The panel shall give great weight to the written assessments in the record of persons knowledgeable in the faculty's member's teaching area, field of research or comparable activity, or area of professional service, to the extent such person's knowledge is relevant to evaluating the judgments underlying the decision being reviewed.
  5. If the panel finds in favor of the faculty member on this ground, it shall recommend that the faculty member be granted reappointment, tenure, or promotion as appropriate.
3. Improper procedure.
  1. In order to gain a favorable recommendation from the panel on this ground, the faculty member initially must show, by a preponderance of the evidence, that in the actions leading to the decision by the University to deny reappointment, tenure, or promotion to the faculty member, there occurred a significant violation of an established university procedure. The panel must find in favor of a faculty member who meets this initial burden, unless the university shows, by a preponderance of the evidence, that the significant procedural violation did not affect or could not have affected the decision.
  2. If the panel finds in favor of the faculty member on this ground, it shall recommend that a reconsideration of the original decision to deny the faculty member reappointment, tenure, or promotion be undertaken, starting at the lowest level at which an evaluation or recommendation or written report could have been affected by the use of improper procedures.
    1. Such reconsideration shall be based on the faculty member's record at the time of the original consideration; and
    2. The faculty member's probationary appointment shall be extended as necessary to allow such reconsideration, provided, however, that such an extension of time shall not subject the faculty member on reconsideration to heightened standards regarding quantity of scholarship.
4. Unfair Impediment.
  1. In order to gain a favorable recommendation from the panel on this ground, the faculty member must show, by the preponderance of the evidence:
    1. in a case involving reappointment, tenure, or promotion, that an unfair impediment, for which the university or one of its officers was responsible, substantially affected the faculty member's ability to meet established standards as it relates to reappointment, tenure, or promotion.
    2. in a case under the Grievance procedure, both that the decision significantly impairs the ability of the faculty member to do what is ordinarily expected in their role; and that the decision is not significantly related either to any reasonable institutional need or to the faculty member’s performance.
  2. If the panel finds in favor of the faculty member on this ground, it shall recommend that a new consideration whether to grant the faculty member reappointment, tenure, or promotion be undertaken, starting at the beginning of the evaluation process on the basis of the record then achieved by the faculty member; and that the faculty member's probationary appointment be extended as necessary to remove the effect of the impediment and to allow such reconsideration without subjecting the faculty member to heightened standards regarding quantity of scholarship.
  3. In a case under the Grievance procedure, the administration shall be responsible for the removal of the impediment to allow the faculty member to continue their work.
5. Violation of academic freedom.
  1. In order to gain a favorable recommendation from the panel on this ground, the faculty member must show, by a preponderance of the evidence:
    1. In a case of reappointment, tenure, or promotion, that the decision was substantially affected by a violation of academic freedom as referenced in the Board of Regents Policy Manual.
    2. In a case under the Grievance procedure, that the administrative decision violated the faculty member’s academic freedom.
  2. If the panel finds in favor of the faculty member on this ground, it shall recommend:
    1. In a case of reappointment, tenure, or promotion, that a reconsideration of the original decision shall be undertaken, starting at the lowest level at which a violation of academic freedom substantially affected the decision; and that an extension of the faculty member's probationary appointment be granted as necessary to make such reconsideration possible.
    2. In a case under the Grievance procedure, that the administration shall reconsider any decisions that impacted a faculty member's academic freedom.
Burden of proof and standard of judgment in proceedings initiated by the Provost. The university bears the burden of proof in all cases under III-29.6 Ethics and Conduct Violations and III-29.5 Unacceptable Performance Warranting Termination. The respective standards of judgment applicable in those proceedings are set forth below.
1. Ethics and conduct violation. In any case before the Faculty Judicial Commission under the procedures in III-29.6, the university must establish the violation by a preponderance of the evidence.
2. Unacceptable performance. In any case before the Faculty Judicial Commission under the procedures in III-29.5, the university must establish by clear and convincing evidence that the faculty member’s unacceptable performance of duty warrants termination. If the faculty member has alleged violation of academic freedom as a defense to the claim of unacceptable performance, then the faculty member shall bear the burden of proving that defense by a preponderance of the evidence.
Report of the panel.
1. The panel shall make its determination in a written report that shall be prepared and sent to the administrative officer as soon as possible but no more than 20 business days after the conclusion of the investigation and hearing, except in the case of a proceeding initiated by the Provost under III-29.6 Ethics and Conduct Violations, in which the written report shall be prepared and sent to the administrative officer within 10 business days after the conclusion of the hearing.
2. In preparing its report, the panel in its discretion may seek the assistance of the administrative officer.
3. The panel’s report shall be written in a manner that satisfies the requirement of protecting confidentiality as reasonably appropriate.
4. The report shall contain findings of fact and conclusions drawn from those findings as well as the panel's determination, if any.
5. In addition, in a case initiated by a faculty member:
  1. If the panel has found in favor of the faculty member on any ground in a case initiated by a faculty member, it may, in addition to its determination on the main issue, recommend other actions, except for the payment of counsel fees, that it judges to be required by the equities of the case.
  2. The report shall include findings of fact and conclusions drawn from those findings that resolve each ground raised by the faculty member, even if the conclusion reached on one ground is sufficient to support the Panel's recommendation. The report shall specifically include:
    1. a specific statement of each ground raised by the faculty member;
    2. a specific statement of the burden of proof governing each ground raised by the faculty member;
    3. an opinion explaining the reasons for the panel's determination and recommendations, if any, based on the findings of fact, the burden of proof and standard of judgment applicable to each ground raised by the faculty member;
    4. in a case based in whole or part on the Clearly Adequate Record of Achievement ground, a description of any assessment by knowledgeable persons contained in the record and an explanation of the weight given by the panel to any such assessment.
Distribution of the panel report. On receiving the panel’s report, the administrative officer shall send copies of it to the faculty member, the DEO, the collegiate dean, the Provost, and legal counsel for the parties. In any case initiated by the university, and in a case initiated by the faculty member in which the panel has found in favor of the faculty member on any ground, the administrative officer also shall send a copy of the panel’s report to the President, notifying the parties, their legal counsel, and the panel of the transmission.
Closure on determination against faculty member. If the panel in a case initiated by a faculty member did not find in favor of the faculty member on any ground, the case is then closed, and the panel’s determination shall be considered final institutional action subject to review, if any, by the Board of Regents pursuant to its policies and procedures.
The President's decision. In any case initiated by the Provost and in a case initiated by a faculty member in which the panel has found in favor of the faculty member on any ground, the President of the university shall decide whether to implement the panel’s determination. The administrative officer shall provide the President with the parties’ preliminary statements, arguments and rebuttal, if any; the record; and the videorecording of the hearing; as well as any additional materials that the panel received or considered in the course of its review. All of these materials together shall constitute the case materials.
1. Basis for President's decision. The President's decision shall be based on the case materials. The President shall not hold a hearing but may meet with the panel. Furthermore, either party may submit a brief to the President, copying the administrative officer, the opposing party and legal counsel, within 5 business days of receiving notice that the administrative officer has transmitted the panel's report to the President. In making the decision, the President shall give great weight to the findings and determination of the panel. Like the panel, the President shall be bound by the burdens of proof and standards of judgment in the applicable policy.
2. President accepts all panel determinations. If the President accepts all the panel's findings and determinations, the President shall direct that the panel's determination be implemented. The President shall so inform the administrative officer and panel in writing no later than ten business days after receiving the panel’s decision. The administrative officer shall send copies of the President's final decision to the faculty member, the departmental executive officer, the collegiate dean, the Provost, legal counsel for the parties, each of the members of the panel, and the presiding officer.
3. President does not accept the panel's determination:
  1. In a case challenging denial of reappointment, tenure, or promotion under III-29.3, a grievance under III-29.4, or unacceptable performance under III- 29.5. If the President does not accept one or more of the recommendations of the panel, the President shall inform the panel members in writing of the reasons for not accepting the panel's recommendation, copying the parties and their legal counsel, the presiding officer and the administrative officer. Within 5 days of receiving the President's decision, either party may submit a brief to the administrative officer for the panel's consideration. The administrative officer shall send copies of any brief so submitted to the opposing party and their legal counsel, each member of the judicial panel and the presiding officer. The panel then shall reconsider its recommendations and report the result of its reconsideration to the President in a supplementary written report within 10 business days of the date on which the panel receives the President's letter or the parties' briefs, whichever is later, copying the parties and their legal counsel, the presiding officer and the administrative officer. The President then shall make a final decision on the matter. In making this final decision, the President shall give great weight to the views of the panel.
    1. After panel reconsideration, President decides against faculty member. If, after reviewing the panel reconsideration, the President decides against the faculty member on all grounds, the President shall inform the panel members in writing, copying the administrative officer, of the final decision and of any additional reasons supporting the decision. The administrative officer shall send copies of the President's final decision and reasons to the parties and their legal counsel, the departmental executive officer, the collegiate dean, and the presiding officer.
    2. After panel reconsideration, President accepts at least one, but not all, recommendations in favor of faculty member. If, after reviewing the panel reconsideration, the President accepts at least one, but not all, of the panel's recommendations in favor of the faculty member, the President shall direct that those recommendations that the President accepts be implemented. The President shall inform the panel members in writing, copying the administrative officer, of those recommendations that the President accepts, and of those that the President does not accept, and of any additional reasons supporting the decision. The administrative officer shall send copies of the President's final decision to the parties and their legal counsel, the departmental executive officer, the collegiate dean, and the presiding officer.
  2. In a case arising under III-29.6 Ethics and Conduct Violations. If the President does not accept one or more of the panel’s determinations, the President shall consult with the panel to address the points of disagreement. This consultation shall occur no earlier than 10 business days after receiving the faculty panel's report so that the President will have considered the parties' briefs, if any. The President then shall make a final decision on the matter within 20 business days following receipt of the panel’s report. In making this final decision, the President shall give great weight to the views of the panel.
    1. After panel consultation, President decides against faculty member. If, after panel consultation, the President decides against the faculty member on all grounds, the President shall inform the panel members in writing, copying the administrative officer, of the final decision and reasons supporting the decision. The administrative officer shall send copies of the President's final decision and reasons to the parties, their legal counsel, the departmental executive officer, the collegiate dean, the Provost, and the presiding officer.
    2. After panel consultation, President accepts at least one, but not all, determinations in favor of faculty member. If, after panel consultation, the President accepts at least one, but not all, of the panel's determinations in favor of the faculty member, the President shall direct that the accepted determination(s) be implemented. The President shall inform the panel members in writing of the determination(s) that the President accepts, and of the determination(s) the President does not accept, and of the reasons supporting the decision. The President shall send a copy of the decision to the administrative officer. The administrative officer shall send copies of the President's final decision to the parties, their legal counsel, the departmental executive officer, the collegiate dean, the Provost, and the presiding officer.
4. The President’s decision shall be considered final institutional action, and the case will then be closed. The decision may be subject to review, if any, by the Board of Regents pursuant to its policies and procedures.

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