Common use of Appeal to Arbitration Clause in Contracts

Appeal to Arbitration. If an appellant believes that an adverse decision ultimately rendered on appeal by the President was caused in substantial part by a procedural error or omission, either in the original decision-making process or in the appeals process, and such alleged procedural error or omission was raised when it occurred, or in the original appeal and in the appeal to the Joint Appeals Board, or occurred during the Joint Appeals Board or Presidential review, such appellant may, with the concurrence of the Association, appeal the matter to arbitration. This shall be done by filing a grievance, which shall be initiated at the Step 2 level and thereafter proceed to arbitration pursuant to the procedures established in Section 1.H. In any such arbitration the Arbitrator will be limited to a review of the procedural requirements set forth in Article VI and this Section 2 of Article VII and in relevant University policy. In no event shall an arbitrator consider, review, or substitute his/her judgment for the University’s on a substantive academic judgment as described in this Section 2. In the event the Arbitrator finds that (a) a prejudicial procedural error or omission occurred in the original decision-making process or in the appeals process, (b) the error or omission was raised timely by the grievant so that the error or omission could have been corrected prior to the President's decision, and (c) the procedural error or omission was of such a nature that the substantive academic judgment could have been adversely affected by the error or omission, his/her sole authority shall be to send the matter back to the governance procedure under Article VI or under Section 2 of this Article VII or in relevant University policy, as the case may be, with specific findings regarding the procedural error or omission and with instructions to re-evaluate the substantive academic judgment in accordance with the contractual procedures.

Appeal to Arbitration. If an appellant believes that an adverse decision ultimately rendered on appeal by the President was caused in substantial part by a procedural error or omission, either in the original decision-making process or in the appeals process, process and such alleged procedural error or omission was raised when it occurred, or in the original appeal and in the appeal to the Joint Appeals Board, Board or occurred during the Joint Appeals Board or Presidential review, such appellant may, with the concurrence of the Association, appeal the matter to arbitration. This shall be done by filing a grievance, which shall be initiated at the Step 2 level and thereafter proceed to arbitration pursuant to the procedures established in Section 1.H. In any such arbitration the Arbitrator will be limited to a review of the procedural requirements set forth in Article VI and this Section 2 of Article VII and in relevant University policy. In no event shall an arbitrator consider, review, or substitute his/her judgment for the University’s on a substantive academic judgment as described in this Section 2. In the event the Arbitrator finds that (a) a prejudicial procedural error or omission occurred in the original decision-making process or in the appeals process, (b) the error or omission was raised timely by the grievant so that the error or omission could have been corrected prior to the President's decision, and (c) the procedural error or omission was of such a nature that the substantive academic judgment could have been adversely affected by the error or omission, his/her sole authority shall be to send the matter back to the governance procedure under Article VI or under Section 2 of this Article VII or in relevant University policy, as the case may be, with specific findings regarding the procedural error or omission and with instructions to re-evaluate the substantive academic judgment in accordance with the contractual procedures.