Common use of Panel Procedures Clause in Contracts

Panel Procedures. Grounds for appeal shall be limited to the failure to provide adequate consideration, i.e., procedural issues. The appeal shall set forth with specificity the nature of the alleged failure to provide adequate consideration. Within five (5) days of receiving the appeal, the lowest body rendering a negative recommendation shall submit a response to the appeal with the FRB with a copy provided to the appellant. Within ten (10) days of receiving the appeal or five (5) days of the unchallenged appointment of the panel, whichever is greater, the FRB shall convene. The appellant shall appear before the FRB to explain why he/she believes adequate consideration has not been provided and to answer questions by the FRB. While the appellant may be accompanied by person(s) of his/her choice, only the appellant may address the FRB, unless otherwise requested. The University shall be represented at the hearing by the Chief Academic Officer or designee. The FRB may consider any documents or testimony deemed relevant. The appellant bears the burden of establishing that he/she has not been accorded adequate consideration. The deliberations of the FRB shall be closed and confidential. Within seven (7) working days of the close of the hearing, the FRB shall issue a written decision to the appellant and the Chief Academic Officer that: (i) Adequate consideration was given; or (ii) Adequate consideration was not given and require that the lowest body rendering a negative recommendation reconsider. In such instances, the FRB should indicate the ways in which it believes that consideration may have been inadequate.

Panel Procedures. Within five (5) days of receiving the Chief Academic Officer’s final negative recommendation, the faculty member may file an appeal with the FRB, with copies provided to the Chief Academic Officer, ▇▇▇▇ and relevant department. Grounds for appeal shall be limited to the failure to provide adequate consideration, i.e., procedural issues. The appeal shall set forth with specificity the nature of the alleged failure to provide adequate consideration. Within five (5) days of receiving the appeal, the lowest body rendering a negative recommendation shall submit a response to the appeal with the FRB with a copy provided to the appellant. Within ten (10) days of receiving the appeal or five (5) days of the unchallenged appointment of the panel, whichever is greater, the FRB shall convene. The appellant shall appear before the FRB to explain why he/she believes adequate consideration has not been provided and to answer questions by the FRB. While the appellant may be accompanied by person(s) of his/her choice, only the appellant may address the FRB, unless otherwise requested. The University shall be represented at the hearing by the Chief Academic Officer or designeeOfficer. The FRB may consider any documents or testimony deemed relevant. The appellant bears the burden of establishing that he/she has not been accorded adequate consideration. The deliberations of the FRB shall be closed and confidential. Within seven (7) working days of the close of the hearing, the FRB shall issue a written decision decision, with copies to the appellant and the Chief Academic Officer that: (i) Adequate Officer. If the FRB concludes that adequate consideration was given; or (ii) Adequate given to the faculty member’s qualifications, the decision shall be forwarded by the Chief Academic Officer to the president and the Board of Trustees. If the FRB concludes that adequate consideration was not given and to the faculty member’s qualifications, it shall require that the lowest body rendering a negative recommendation reconsiderreconsider its recommendation. In such instances, the FRB should indicate the ways in which it believes that consideration may have been inadequate.