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Procedures for Handling Complaints of Unreasonable Competition from Colleges/Universities

Procedures for Handling Complaints of Unreasonable Competition from Colleges/Universities

Authority: 
President
Date enacted or revised: 
n/a
In F/S Handbook: 
no

The Board of Supervisors for the University of Louisiana System has adopted a procedure by which complaints from private business or industry of unreasonable competition from a public college or university are to be addressed.

The following procedures are intended to meet the letter and spirit of Senate Concurrent Resolution 125 of the 1985 Regular Session of the Louisiana Legislature:

  1. Private business or industry complaints of unreasonable competition from a college or university under the jurisdiction of this Board shall be submitted in writing to the institution president whose college/school/department/ personnel/activity is allegedly competing unreasonably with the private entity. The campus head shall forward a copy of any complaint to the System President who shall then inform the Board members of the complaint. If, however, the complaint is initially given to the System President, or a Board member, the complaint shall be transmitted to the appropriate campus head to initiate the process.
  2. The complaint shall contain specific incidents complained of with all particulars thereto. If documentation evidencing the alleged unreasonable competition is available, it shall be attached to the complaint.
  3. The institution president shall communicate with the person or persons filing the complaint and with the personnel against whom the complaint is made. If the complaint is resolved to the mutual satisfaction of the campus head and the complainant, the campus head shall notify the System President of the means and terms of the resolution. If the complaint cannot be resolved within 45 days of receipt, to the mutual satisfaction of the institution president and complainant, the institution president shall submit the matter in the form of a report to the System President. The 45-day period may be extended by mutual consent of the campus head and the complainant.
  4. In the event that the campus head is unable to resolve the matter, the System President shall communicate with all parties. If the complaint is resolved to the mutual satisfaction of the System President and the complainant, the System President shall notify the campus head and the Board of the means and terms of the resolution. If the President and the complainant, the System President shall submit the complaint, his report, and the institution president's report, to the appropriate committee of the Board. The 30-day period may be extended by mutual consent of the System President and the complainant.
  5. For any complaint submitted to the appropriate committee of the Board through the proper channels, the committee shall afford representatives of the complainant and the institution the opportunity for a public hearing in which they may present their complaints and explanations. The System President shall officially notify all parties of said hearing at least 30 days in advance.  The hearing shall be held within 60 days of the committee's receipt of the System President's report.
  6. At the conclusion of the hearing, if there is no need for further investigation, the appropriate committee of the Board shall make a determination as to the validity of the complaint. Each case shall be decided on its merits. The committee shall issue within 60 days after the hearing a report containing its findings and recommendations. The report shall be subject to full Board approval.
  7. The Board shall issue a final report within 45 days of the committee's action.

The committee report and the final report of the full Board shall be transmitted to the complainant immediately upon issuance, with a copy forwarded to the Board of Regents for informational purposes only.  Additionally, a copy of each campus or System President's report on the resolution of a complaint shall be forwarded to the Board of Regents for informational purposes only.