Appendix H: Post-Termination Hearing Under the Tennessee Uniform Administrative Procedures Act (UAPA)

Post-Termination Hearing and Decision under the Uniform Administrative Procedures Act: If the faculty member makes a timely election to contest the charge(s) under the Uniform Administrative Procedures Act (UAPA) in lieu of a Pre-Termination Hearing Before Tribunal under Sections 4.10.2A(7)(c) or 4.10.2B(5)(c), the president shall appoint an administrative judge, the faculty member’s employment will be terminated on the date specified in the notice provided under Sections 4.10.2A(7)(c) and 4.10.2B(5)(c) of this handbook, and the matter shall proceed post-termination in accordance with the contested case procedures pursuant to T.C.A. § 4-5-101, et seq.

A. Initial Order

In accordance with the UAPA contested case procedures, upon completion of the hearing, the administrative judge shall render an initial order, which either party may appeal to the president within 15 calendar days. In addition, the president, on his or her own motion, may elect within 15 calendar days to review the administrative judge’s initial order.

B. Final Order

The administrative judge’s initial order shall become the final order unless review is sought by either party or the president within the fifteen-day period. If review is sought, the president shall review the initial order and issue a final order in accordance with applicable provisions of the UAPA contested case procedures. The final order, whether rendered by the president or by virtue of neither party appealing the initial order, shall be the decision on the charge(s) within the university. If the university’s final order is favorable to the faculty member and concludes that the faculty member’s employment should not have been terminated for Adequate Cause, then full restitution of salary academic position and tenure lost during the termination will be made.

C. Judicial Review

If the final order is unfavorable to the faculty member, he or she is entitled to judicial review of the final order in accordance with applicable provisions of the Uniform Administrative Procedures Act.