Board appellate procedures

30:01-01-10

(a)        The Board of Regents for the Oklahoma Agricultural and Mechanical Colleges hereby establishes procedures for the perfecting of an appeal to this Board and the conduct of the appeal.

(b)        Definitions.

(1)        The term, “Board” means, “The Board of Regents for the Oklahoma Agricultural and Mechanical Colleges.”

(2)        The terms, “University or College” means, “Oklahoma State University, Oklahoma Panhandle State University, Langston University, Connors State College, and Northeastern Oklahoma Agricultural and Mechanical College.”

(3)          The term, “Appeal” shall be construed to mean, “The procedure that any employee or student uses to contest an official action, or decision, of any university or college under the control of this Board. The hearing of appeals is mandatory only in cases involving termination of tenured professors. Appeals arising from other categories may be allowable at the discretion of the Board.”

(4)       The term, “Petitioner” is that employee or student perfecting an appeal under the procedure outlined herein.

(c)        Request for hearing.

(1)        A request for a hearing before the Board shall be initiated by the petitioner within fourteen (14) days of the action of aggrievement or decision. The act of aggrievement or decision is that final action taken or decision made by a university or college under the control of this Board which, in the opinion of the petitioner has affected him/her adversely or to his/her detriment.

(2)       The petition shall state the following items:

(A)      The university or college concerned.

(B)      The individual or entities under the university or college concerned.

(C)      The nature of the action that causes the appeal to be instituted.

(D)      The date of the action.

(E)       The place of the action.

(F)       How the action has aggrieved the petitioner.

(G)      Any law or Board regulation that is pertinent to the matter.

(H)      The relief the petitioner is requesting.

(I)        Whether the hearing of the appeal is mandatory or discretionary and, if discretionary, the reason the petitioner believes a hearing should be granted.

(3)         The petition shall be filed with the Chief Executive Officer or Legal Counsel of the Board, at the Board’s official office, located: Student Union Oklahoma State University, Stillwater, Oklahoma. It must be in writing and may be mailed or delivered. All requests for hearings will be presented by the Chief Executive Officer at the next regular meeting of the Board.

(d)        Procedure.

(1)        Requests for hearings shall be referred by the Chairman of the Board to a Hearing Panel consisting of one or more Board members for review and recommendation to the full Board. Where a review or an appeal is discretionary, the Hearing Panel shall first determine whether the request for Board consideration should be granted. The Hearing Panel shall transmit to the full Board its recommendation as to whether the request for Board consideration should be granted or denied.

(2)        Where a review or an appeal to the Board is mandatory, or the Board determines that a request for Board consideration should be granted, the Hearing Panel shall conduct the review or hearing. All such proceedings shall be conducted upon the record of the matter created at the institutional or administrative level and such other written documentation as may be requested by the Hearing Panel. Oral presentations may or may not be allowed at the discretion of the Hearing Panel. The Hearing Panel shall prepare recommended findings and decisions and shall transmit them to the Board for final action.

Amended Date: 
January 20, 2012