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MATTHEWS v. OR. STATE BD. OF HIGHER EDUC.

(USDC CV98-06119-MRH; USCA 98-36218; SC S47802)

22 P.3d 754 (2001)

332 Or. 31

Kevin Michael MATTHEWS, Plaintiff, v. OREGON STATE BOARD OF HIGHER EDUCATION, acting by and through the University of Oregon, and David Frohnmayer, John Moseley and Lorraine Davis in their official and individual capacities, Defendants.

Supreme Court of Oregon, En Banc.

Decided April 19, 2001.

Attorney(s) appearing for the Case

Donna Meredith Matthews, Eugene, filed the brief and argued the cause for plaintiff.

Richard Wasserman, Assistant Attorney General, Salem, argued the cause for defendants. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

De MUNIZ, J.

This court accepted certification of the following question from the United States Court of Appeals for the Ninth Circuit.

"Whether under Oregon law the President of the University of Oregon may, without explicit statutory or regulatory authorization, delegate informally the authority to make final determinations regarding the denial of indefinite tenure."

See ORS 28.200 et seq. (describing certified question process);...

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