Chapter UWS 3

Chapter UWS 3

FACULTY APPOINTMENTS

UWS 3.01   Types of appointments.

UWS 3.02   Recruiting.

UWS 3.03   Appointments—general.

UWS 3.04   Probationary appointments.

UWS 3.05   Periodic review.

UWS 3.06   Renewal of appointments and granting of tenure.

UWS 3.07   Nonrenewal of probationary appointments.

UWS 3.08   Appeal of a nonrenewal decision.

UWS 3.09   Notice periods.

UWS 3.10   Absence of proper notification.

UWS 3.11   Limitation.

UWS 3.01 UWS 3.01 Types of appointments.

UWS 3.01(1) (1) Appointments to the faculty are either tenure or probationary appointments. Faculty appointments carry the following titles: professor, associate professor, assistant professor, and instructor.

UWS 3.01(1)(a) (a) “Tenure appointment” means an appointment for an unlimited period granted to a ranked faculty member by the board upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution via the president of the system.

UWS 3.01(1)(b) (b) “Probationary appointment” means an appointment by the board upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution and held by a faculty member during the period which may precede a decision on a tenure appointment.

UWS 3.01(1)(c) (c) In accordance with s. 36.05 (8), Stats., academic staff appointments may be converted to faculty appointments by the action of the board upon the recommendation of the appropriate faculty body and the chancellor of an institution. Such faculty appointees shall enjoy all the rights and privileges of faculty.

UWS 3.01(1)(d) (d) In accordance with s. UWS 1.05 members of the academic staff may be given faculty status. Members of the academic staff who have been given faculty status have employment rights under the rules and policies concerning academic staff.

UWS 3.01(1)(e) (e) A person holding a faculty appointment shall not lose that appointment by accepting a limited appointment for a designated administrative position.

UWS 3.01 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330: am. (1) (e) Register April 2016 No. 724, eff. 5-1-16.

UWS 3.02 UWS 3.02 Recruiting. The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop procedures relating to recruitment of members of the faculty. The procedure shall be consistent with board policy and state and federal laws with respect to nondiscriminatory and affirmative action recruitment. The procedures shall allow maximum flexibility at the departmental, school and college levels to meet particular needs. In all instances the procedures shall provide for departmental peer review and judgment as the operative step in the recruiting process.

UWS 3.02 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 3.03 UWS 3.03 Appointments—general. The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop rules relating to faculty appointments. Each person to whom an appointment is offered must receive an appointment letter in which an authorized official of the institution details the terms and conditions of the appointment, including but not limited to, duration of the appointment, salary, starting date, ending date, general position responsibilities, probation, tenure status, and crediting of prior service. Accompanying this letter shall be an attachment detailing institutional and system rules and procedures relating to faculty appointments. If the appointment is subject to the advance approval of the board, a statement to this effect must be included in the letter.

UWS 3.03 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 3.04 UWS 3.04 Probationary appointments.

UWS 3.04(1) (1) Each institution’s rules for faculty appointments shall provide for a maximum 7-year probationary period in a full-time position, and may provide for a longer maximum probationary period in a part-time position of at least half time. Such rules may permit appointments with shortened probationary periods or appointments to tenure without a probationary period. Provision shall be made for the appropriate counting of prior service at other institutions and at the institution. Tenure is not acquired solely because of years of service.

UWS 3.04(2) (2) A leave of absence, sabbatical or a teacher improvement assignment does not constitute a break in continuous service and shall not be included in the 7-year period under sub. (1).

UWS 3.04(3) (3) Circumstances in addition to those identified under sub. (2) that do not constitute a break in continuous service and that shall not be included in the 7-year period include responsibilities with respect to childbirth or adoption, significant responsibilities with respect to elder or dependent care obligations, disability or chronic illness, or circumstances beyond the control of the faculty member, when those circumstances significantly impede the faculty member’s progress toward achieving tenure. It shall be presumed that a request made under this section because of responsibilities with respect to childbirth or adoption shall be approved. A request shall be made before a tenure review commences under s. UWS 3.06 (1) (c). A request for additional time because of responsibilities with respect to childbirth or adoption shall be initiated in writing by the probationary faculty member concerned and shall be submitted to a designated administrative officer who shall be authorized to grant a request and who shall specify the length of time for which the request is granted. Except for a request because of responsibilities with respect to childbirth or adoption, a request made because of other circumstances under this section shall be submitted to a designated administrative officer who shall be authorized to grant a request in accordance with institutional policies. A denial of a request shall be in writing and shall be based upon clear and convincing reasons. More than one request may be granted because of responsibilities with respect to childbirth or adoption. More than one request may be granted to a probationary faculty member but the total, aggregate length of time of all requests, except for a request because of responsibilities with respect to childbirth or adoption, granted to one probationary faculty member ordinarily shall be no more than one year. Each institution shall develop procedures for reviewing the requests.

UWS 3.04(4) (4) If any faculty member has been in probationary status for more than 7 years because of one or more of the reasons set forth in sub. (2) or (3), the faculty member shall be evaluated as if he or she had been on probationary status for 7 years.

UWS 3.04 Note Example: A faculty member has been on probationary status for a total of 9 years because the faculty member was granted 2 requests under sub. (3) for one-year extensions because of the birth of 2 children. The faculty member’s teaching, research and professional and public service and contribution to the institution shall be evaluated as if the faculty member had only 7 years to work towards achieving tenure, rather than as if the faculty member had been working towards achieving tenure for 9 years.

UWS 3.04 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; renum. to be (1) and am., cr. (2) to (4), Register, February, 1994, No. 458, eff. 3-1-94.

UWS 3.05 UWS 3.05 Periodic review. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules providing for periodic review of faculty performance.

UWS 3.05 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 3.06 UWS 3.06 Renewal of appointments and granting of tenure.

UWS 3.06(1) (1) 

UWS 3.06(1)(a) (a) General. Appointments may be granted only upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution. When specified by the board, the institutional recommendation shall be transmitted by the president of the system with a recommendation to the board for action. Tenure appointments may be granted to any ranked faculty member who holds or will hold a half-time appointment or more. The proportion of time provided for in the appointment may not be diminished or increased without the mutual consent of the faculty member and the institution, unless the faculty member is dismissed for just cause or is terminated or laid off pursuant to s. 36.21, Stats.

UWS 3.06(1)(b) (b) Criteria. Decisions relating to renewal of appointments or recommending of tenure shall be made in accordance with institutional rules and procedures which shall require an evaluation of teaching, research, and professional and public service and contribution to the institution. The relative importance of these functions in the evaluation process shall be decided by departmental, school, college, and institutional faculties in accordance with the mission and needs of the particular institution and its component parts. Written criteria for these decisions shall be developed by the appropriate institutional faculty bodies. Written criteria shall provide that if any faculty member has been in probationary status for more than 7 years because of one or more of the reasons set forth in s. UWS 3.04 (2) or (3), the faculty member shall be evaluated as if he or she had been in probationary status for 7 years.

UWS 3.06(1)(c) (c) Procedures. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules governing the procedures for renewal or probationary appointments and for recommending tenure. These rules shall provide for written notice of the departmental review to the faculty member at least 20 days prior to the date of the departmental review, and an opportunity to present information on the faculty member’s behalf. The probationary faculty member shall be notified in writing within 20 days after each decision at each reviewing level. In the event that a decision is made resulting in nonrenewal, the procedures specified in s. UWS 3.07 shall be followed.

UWS 3.06 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. (1) (b), Register, February, 1994, No. 458, eff. 3-1-94; correction in (1) (a) made under s. 13.93 (2m) (b) 5., Stats., Register, February, 1994, No. 458; 2015 Wis. Act 330: am. (1) (a) Register April 2016 No. 724, eff. 5-1-16.

UWS 3.07 UWS 3.07 Nonrenewal of probationary appointments.

UWS 3.07(1) (1) 

UWS 3.07(1)(a) (a) Rules and procedures. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules and procedures for dealing with instances in which probationary faculty appointments are not renewed. These rules and procedures shall provide that, upon the timely written request of the faculty member concerned, the department or administrative officer making the decision shall, within a reasonable time, give him or her written reasons for nonrenewal. Such reasons shall become a part of the personnel file of the individual. Further, the rules and procedures shall provide for reconsideration of the initial nonrenewal decision upon timely written request.

UWS 3.07(1)(b) (b) Reconsideration. The purpose of reconsideration of a nonrenewal decision shall be to provide an opportunity to a fair and full reconsideration of the nonrenewal decision, and to insure that all relevant material is considered.

UWS 3.07(1)(b)1. 1. Such reconsideration shall be undertaken by the individual or body making the nonrenewal decision and shall include, but not be limited to, adequate notice of the time of reconsideration of the decision, an opportunity to respond to the written reasons and to present any written or oral evidence or arguments relevant to the decision, and written notification of the decision resulting from the reconsideration.

UWS 3.07(1)(b)2. 2. Reconsideration is not a hearing or an appeal, and shall be nonadversary in nature.

UWS 3.07(1)(b)3. 3. In the event that a reconsideration affirms the nonrenewal decision, the procedures specified in s. UWS 3.08 shall be followed.

UWS 3.07 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 3.08 UWS 3.08 Appeal of a nonrenewal decision.

UWS 3.08(1) (1) The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules and procedures for the appeal of a nonrenewal decision. Such rules and procedures shall provide for the review of a nonrenewal decision by an appropriate standing faculty committee upon written appeal by the faculty member concerned within 20 days of notice that the reconsideration has affirmed the nonrenewal decision (25 days if notice is by first class mail and publication). Such review shall be held not later than 20 days after the request, except that this time limit may be enlarged by mutual consent of the parties, or by order of the review committee. The faculty member shall be given at least 10 days notice of such review. The burden of proof in such an appeal shall be on the faculty member, and the scope of the review shall be limited to the question of whether the decision was based in any significant degree upon one or more of the following factors, with material prejudice to the individual:

UWS 3.08(1)(a) (a) Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, or

UWS 3.08(1)(b) (b) Factors proscribed by applicable state or federal law regarding fair employment practices, or

UWS 3.08(1)(c) (c) Improper consideration of qualifications for reappointment or renewal. For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a faculty member in question if material prejudice resulted because of any of the following:

UWS 3.08(1)(c)1. 1. The procedures required by rules of the faculty or board were not followed, or

UWS 3.08(1)(c)2. 2. Available data bearing materially on the quality of performance were not considered, or

UWS 3.08(1)(c)3. 3. Unfounded, arbitrary or irrelevant assumptions of fact were made about work or conduct.

UWS 3.08(2) (2) The appeals committee shall report on the validity of the appeal to the body or official making the nonrenewal decision and to the appropriate dean and the chancellor.

UWS 3.08(3) (3) Such a report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration by the decision maker, a reconsideration by the decision maker under instructions from the committee, or a recommendation to the next higher appointing level. Cases shall be remanded for reconsideration by the decision maker in all instances unless the appeals committee specifically finds that such a remand would serve no useful purpose. The appeals committee shall retain jurisdiction during the pendency of any reconsideration. The decision of the chancellor will be final on such matters.

UWS 3.08 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 3.09 UWS 3.09 Notice periods.

UWS 3.09(1) (1) A faculty member who is employed on probationary appointment shall be given written notice of reappointment or nonreappointment for another academic year in advance of the expiration of the current appointment as follows:

UWS 3.09(1)(a) (a) When the appointment expires at the end of an academic year, not later than March 1 of the first academic year and not later than December 15 of the second consecutive academic year of service;

UWS 3.09(1)(b) (b) If the initial appointment expires during an academic year, at least 3 months prior to its expiration; if a second consecutive appointment terminates during the academic year, at least 6 months prior to its expiration;

UWS 3.09(1)(c) (c) After 2 or more years of continuous service at an institution of the University of Wisconsin System, such notice shall be given at least 12 months before the expiration of the appointment.

UWS 3.09 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 ss. 5, 20: am. (1) (intro.), (c) Register April 2016 No. 724, eff. 5-1-16.

UWS 3.10 UWS 3.10 Absence of proper notification. If proper notice is not given in accordance with s. UWS 3.09, the aggrieved faculty member shall be entitled to a one-year terminal appointment. Such appointments, however, shall not result in the achievement of tenure.

UWS 3.10 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 3.11 UWS 3.11 Limitation. Tenure and probationary appointments are in a particular institution; a tenure appointment is limited to the institution in which the appointment is held, unless another institution has, through normal procedures and explicit agreement, undertaken to share in the appointment. The explicit agreement shall specify both the tenure responsibility and the budget responsibility.

UWS 3.11 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.