Organizational Culture and Engagement

06:09:00 Appeals and Appearances Before the Board

1. Appeals to the Chancellor

   1. A student or employee of the College may appeal a final decision of the president of the College to the Chancellor, except for decision resulting from a TUAPA hearing as outlined in TBR Policy No. 1:06:00:05.

   2. Appeals to the Chancellor shall be limited to alleged violations of state or federal law or College/Board policy where the complainant has not filed a federal/state administrative appeal or a lawsuit in state or federal court.

   3. If at any time during the pendency of the appeal, a complainant files a lawsuit or administrative action based on the same subject matter as the appeal, the appeal will be dismissed without further action.

   4. The following employee decisions are not appealable to the Chancellor unless there is a violation of state or federal law:

      1. Termination of executive, administrative, professional, clerical and support employees during or at the end of the initial probationary period or pursuant to the terms of the employment contract;

      2. Non-renewal of a tenure track faculty appointment during the first four years of the probationary period;

      3. Denial of tenure unaccompanied by notice of termination in the fifth year of the probationary period;

      4. Non-renewal of a temporary faculty appointment;

      5. Salary determinations;

      6. Student academic matters, e.g., grade appeals, failure to meet retention policies, etc.;

      7. Performance evaluations of faculty or staff; and

      8. Residency classifications of students for tuition and fee purposes.

   5. Appeals and supporting documents must be submitted in writing to the Chancellor within 20 calendar days following the date of the written decision by the president.

   6. The appeal must state the decision being appealed, the law and/or policy that is alleged to have been violated and the redress desired

   7. The Chancellor shall review the decision based on the record developed at the institution. New evidence may only be submitted if there is good cause shown why the evidence was not previously submitted.

   8. The Chancellor may request a student or employee to appear and present arguments in support of an appeal.

   9. Complaints from students or prospective students regarding accreditation or violation of state or federal law may be submitted to the Chancellor’s office for appropriate review and action, as required by 34 CFR 600.9(a))1).

   10. Any available College complaint procedure must be exhausted prior to consideration by the Chancellor or his/her designee.

2. Appeals to the Board

   1. A student or employee who is dissatisfied with the decision of the Chancellor on their appeal may petition to the Board of Regents for permission to appeal the Chancellor’s decision to the board.

   2. The petition must be submitted in writing to the Secretary of the Board within twenty (20) calendar days following the Chancellor’s written decision.

   3. The petition for appeal must present:

      1. ​​​A brief statement of the issues to be reviewed including a statement of the redress desired;

      2. A brief statement of the facts relevant to the issues to be reviewed, with appropriate reference to where such can be found in the record;

      3. A statement of applicable law/policy;

      4. A brief argument; and

      5. Citations of any applicable authorities, (such as policies, statues, and cases).

   4. ​The petition for appeal must be limited to ten (10) pages, typed, double spaced, and on 8 ½ x 11” paper.

   5. The appropriate standing committee of the Board shall review the decision of the Chancelllor based on the record considered by the Chancellor. New evidence may only be submitted if good cause is shown why the evidence was not previously submitted. The committee shall determine whether the petition to appeal will be granted.

   6. The Board committee, in determining whether to grant an appeal, may consider the following:

      1. ​​​Whether a Board policy or procedures have been followed;

      2. Whether or not there is material evidence to substantiate the decision appealed from; and/or

      3. Whether or not there has been a material error in the application of the law, which prima facie results in substantial injustice;

      4. The listin in 1-3 above is not exhaustive and, in the discretion of the Board committee, other factors may be considered.

   7. ​​​If the petition to appeal is granted, the appropriate board committee will hear the appeal at a subsequent regularly scheduled meeting. The committee will make a recommendation to the Board, and the decision of the Board shall be final and binding for all purposes.

   8.  Appearances before the Board on Non-Appealable Issues: An employee may be allowed to address a committee of the Board of Regents concerning issues which are not appealable but which are of broad concern to the college community. Such appearances must be approved by the Chancellor or the committee chair prior to being placed on the agenda. Requests shall be submitted to the Chancellor twenty (20) calendar days prior to the next date the committee is scheduled to meet.

​​Source: T.C.A. § 49-8-203; Tennessee Board of Regents Policy No. 1:02:11:00.

Submitted to Policy Review Committee on February 28, 2025

Submitted to Policy Review Board on April 11, 2025

Updates approved by Policy Review Board on May 7, 2025

Previous Version(s):

Approved: Executive Staff,05/20/09
Approved: President’s Cabinet, 05/20/09
Approved: President, 05/20/09
Reviewed and Revised by: Human Resources, November, 2008

Source: Tennessee Board of Regents Policy No. 1:02:11:00. Approved Executive Staff,President’s Cabinet, and President, August 21, 2000.