Chapter UWS 3

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.