Excerpts follow from the formal complaint presented to the University of Hawai'i Board of Regents at its March 7 meeting asking to delay appointing interim UH President David McClain as permanent president. Although the BOR went ahead with the vote and appointed McClain, BOR Chair Kitty Lagareta told the news media after the meeting that she would refer the complaint to UH's Office for Legal Affairs. The complaint reads in part:

As faculty members at the University of Hawai'i committed to upholding BOR policies and principles of organizational democracy that affirm faculty governance rights and responsibilities at our university, we are submitting a formal complaint against interim President David McClain for violating UH BOR policies related to faculty governance rights and responsibilities as well as policies related to non-discrimination. A description of these policy violations follows.

On February 16, interim President David McClain presented his recommendation regarding the creation of a University Affiliated Research Center (UARC) at the University of Hawai'i to the UH BOR. In his presentation, Dr. McClain made a substantial shift from considering that UARC could be created on the UH Manoa campus to recommending a system-wide UARC. An examination of the UH BOR Policy Manual indicates that Dr. McClain's recommendation violates the following university policies.