II104 - USM

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II-1.04 - PROCEDURES FOR APPEALS TO THE UNIVERSITY SYSTEM OF
MARYLAND (USM) BOARD OF REGENTS OF DECISIONS TO TERMINATE
TENURED OR TENURE-TRACK FACULTY MEMBERS
(Approved by the Board of Regents, February 9, 2001)

    1. A tenured or tenure-track faculty member whose
       faculty employment has been terminated for cause by
       the president of the employing institution pursuant
       to USM/ART �I.C.7(a) may appeal to the Board of
       Regents.  All such appeals shall conform to these
       procedures.

    2. An appeal may be requested only by filing a written
       notice of appeal.  The notice of appeal must
       identify the faculty member and state that the
       faculty member wishes to appeal the termination of
       his/her employment to the Board of Regents.  The
       notice must be filed within ten working days of the
       faculty's member's receipt of the letter
       communicating the president's decision to terminate.
       The notice of appeal is filed when it is received at
       the office of the president.

    3. The president shall deliver the notice of appeal and
       the record (as defined herein) to the USM Vice
       Chancellor for Academic Affairs no later than ten
       working days after the receipt of the notice of
       appeal by the office of the president.  The record
       shall include:

       a. The statement of charges provided to the faculty
          member;

       b. A tape recording, or written transcript, of the
           hearing provided pursuant to USM/ART �I.C.7(a).
           If no transcript of the hearing has been made,
           either party may request that a transcript be
           prepared.  Such a request must be directed to
           the Vice Chancellor for Academic Affairs.  If
           such a request is made, a transcript will be
           prepared and a copy provided to each party at
           the expense of the appointing institution;

       c. Copies of all exhibits received by the hearing
           officer or faculty board of review;

       d. The written recommendation of the hearing
           officer or faculty board of review;

       e. Any additional material or information used by
           the President, if any;
       
       f. The written decision of the President; and

       g. A letter of transmittal from the President.
       
    4. Within 30 days of the filing of the notice of
       appeal, the faculty member shall file a memorandum
       in support of the appeal.  The memorandum is filed
       when it is received in the office of the Vice
       Chancellor for Academic Affairs.  The memorandum
       must be signed by the faculty member and by any
       attorney retained by the faculty member.  It must
       identify the points in the President's written
       decision to which the appellant takes exception and
       a statement in each case of the reasons why.
       Factual allegations must include references to the
       record at the institutional level.  New factual
       material not a part of that record will not be
       considered on appeal.

    5. The Vice Chancellor for Academic Affairs shall send
       a copy of the faculty member's memorandum to the
       president, who may file a written response with the
       Vice Chancellor for Academic Affairs no later than
       30 days from the president's receipt of the faculty
       member's memorandum.  A copy of the response must be
       sent to the faculty member or the faculty member's
       attorney or representative.

    6. Upon receipt of a notice of appeal, the Vice
       Chancellor for Academic Affairs shall send a copy to
       the Chair of the Board of Regents, who shall appoint
       three regents to hear the appeal (the "appeal
       panel") on the Board's behalf and name one of them
       to serve as chair.  The appeal panel shall set a
       hearing date consistent with the above procedures
       and with the goal of achieving an expeditious
       conclusion.

    7. The hearing shall consist of oral argument on behalf of
       the faculty member and of the president. The panel chair
       shall specify in advance the time permitted for oral
       argument.  No witness testimony will be allowed, and
       argument shall be limited to matters in the record.

    8. The appellant shall have the burden of showing
       that the President's decision was not supported by
       substantial evidence in the record and/or that the
       decision is premised upon an error of law, including
       procedural error.
     
    9. Either party may be represented by legal counsel at
       the hearing.

   10 .The appeal hearing will be closed and will be
       recorded.

   11. Following the hearing, the appeal panel shall issue a
       recommendation to the full Board of Regents.  The Panel may
       recommend affirmation of the President's decision, reversal
       of that decision, or remand to the institution for further
       action as specified.  The Board shall consider and act on
       that recommendation in executive session no later than its
       next regularly scheduled Board meeting.  The Board may
       concur in the Panel's decision or modify it.   It shall
       communicate its decision in writing to the faculty member
       and the president within five working days of its decision.
       The Board's decision is final.
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