SECTION 8. REVIEW BY THE BOARD OF TRUSTEES
Effective through
(1) A decision by the Chancellor under §3(b)(8) declining to accept a recommendation of the hearings committee favorable to the faculty member.
(2) A decision by the Chancellor under §3(b)(8) concurring in a hearings committee recommendation unfavorable to the faculty member.
(3) A decision by the hearings committee under §4(c) rejecting a request for a hearing.
(4) A decision by the hearings committee under §4(e) terminating a hearing at the conclusion of the faculty member's proof.
(5) A decision by the hearings committee under §4(f) determining that the faculty member has not established his or her contention.
(6) A decision by the Chancellor under §4(f) declining to take appropriate action recommended by the hearings committee in connection with a decision favorable to the faculty member.
(7) A decision by the hearings committee under §6(1)(1) rejecting a request for a hearing.
(8) A decision by the hearings committee under §6(1)(2) terminating a hearing at the conclusion of the faculty member's proof.
(9) A decision by the hearings committee under §6(1)(3) determining that the faculty member has not established his or her contention.
(10) A decision by the Chancellor under §6(1)(3) declining to take corrective action recommended by the hearings committee in connection with a decision favorable to the faculty member.
Requests for review by the Board of Trustees of the decisions enumerated
above shall be transmitted through the Chancellor and addressed to the Chairman
of the Board of Trustees. The request must be filed within ten days after the
date of communication to the faculty member of notice of the decision sought to
be reviewed. The question under review shall be decided by the Board of Trustees.
However, the Board may delegate the duty of conducting a hearing to a committee
of at least three members. The Board of Trustees, or its committee, will
conduct its review on the written transcript of the hearing, the report of the
hearing committee, and the decision of the Chancellor, but it may, in its
discretion, hear such other evidence as it deems necessary. In all cases,
review shall be limited to the question of whether the Chancellor or the
hearings committee, as the case may be, committed clear and material error in
reaching the decision under review. The Board shall make its decision within 45
calendar days after receipt of the request for review by the Chairman of the
Board. This decision shall be final, except that the faculty member may, within
ten days after receiving notice of the decision, file a written petition for
review with The Board of Governors alleging with particularity the specific
provisions of The Code of The University of North Carolina which the faculty
member alleges to have been violated by the Board of Trustees in conducting its
review. All such petitions shall be transmitted to The Board of Governors
through the President. [Amended
Effective
(1) A decision by the Chancellor under §3(b)(8) declining to accept a recommendation of the hearings committee favorable to the faculty member.
(2) A decision by the Chancellor under §3(b)(8) concurring in a hearings committee recommendation unfavorable to the faculty member.
(3) A decision by the hearings committee under §6(1)(1) rejecting a request for a hearing.
(4) A decision by the hearings committee under §6(1)(2) terminating a hearing at the conclusion of the faculty member's proof.
(5) A decision by the hearings committee under §6(1)(3) determining that the faculty member has not established his or her contention.
(6) A decision by the Chancellor under §6(1)(3) declining to take corrective action recommended by the hearings committee in connection with a decision favorable to the faculty member.
Requests for review by the Board of Trustees of the decisions enumerated
above shall be transmitted through the Chancellor and addressed to the Chairman
of the Board of Trustees. The request must be filed within ten days after the
date of communication to the faculty member of notice of the decision sought to
be reviewed. The question under review shall be decided by the Board of
Trustees. However, the Board may delegate the duty of conducting a hearing to a
committee of at least three members. The Board of Trustees, or its committee,
will conduct its review on the written transcript of the hearing, the report of
the hearing committee, and the decision of the Chancellor, but it may, in its
discretion, hear such other evidence as it deems necessary. In all cases,
review shall be limited to the question of whether the Chancellor or the
hearings committee, as the case may be, committed clear and material error in
reaching the decision under review. The Board shall make its decision within 45
calendar days after receipt of the request for review by the Chairman of the
Board. This decision shall be final, except that, with respect to a decision by
the Chancellor under § 3(b)(8) declining to accept a recommendation of the
hearings committee favorable to the faculty member or a decision by the
Chancellor under § 3(b)(8) concurring in a hearings committee recommendation
unfavorable to the faculty member, the faculty member may, within ten days
after receiving notice of the decision, file a written petition for review with
The Board of Governors alleging with particularity the specific provisions of
The Code of The University of North Carolina which the faculty member alleges
to have been violated by the Board of Trustees in conducting its review. All
such petitions shall be transmitted to The Board of Governors through the
President. [Amended
[Note: The