Matthews
Matthews v. Oregon State Board of Higher Education ex rel. University of Oregon
Opinion
Lead Opinion
ORDER CERTIFYING A QUESTION TO THE SUPREME COURT OF OREGON
' Kevin Matthews appeals from the grant of summary judgment in favor of several named defendants and the Oregon State Board of Higher Education (the “Board”), acting by and through, the University of Oregon (the “University”) (collectively, the “defendants”). Matthews contends that the University did not follow proper procedures in its denial of Matthews’s bid for indefinite tenure, because the provost, rather than the president, made the final determination to • deny tenure. The district court concluded that the provost held the power to make this determination by way of an informal delegation by the president.
Matthews contends'on appeal that such power could not validly be delegated informally. Because that contention raises an important and unresolved issue of Oregon law, we respectfully CÉRTIFY Á QUESTION for review by the Supreme Court of Oregon. We offer the following statement of the relevant facts and explanation of the “nature of the controversy in which the question! ] arose.” Or.Rev.Stat. § 28.210 (1999).