Chapter UWS 5

UWS 5.14 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75, correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; 2015 Wis. Act 330 s. 20: am. (intro.), (2) Register April 2016 No. 724, eff. 5-1-16.

UWS 5.15 UWS 5.15 Board review. A review panel shall be appointed by the president of the Board of Regents, and shall include 3 members of the board, and 2 nonvoting staff members from the academic affairs office of the university system. The panel shall review the criteria and reasoning of the chancellor and the findings and recommendations of the faculty hearing committee in each case forwarded for its review, and shall reach a decision on the recommendation to be approved. The decision shall be final and binding upon the chancellor and the faculty member affected unless one or more of the regent members of the review panel request that the decision be reviewed by the full Board of Regents, in which case the record shall be reviewed and a decision reached by the full board.

UWS 5.15 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

UWS 5.16 UWS 5.16 Layoff status.

UWS 5.16(1) (1) A faculty member whose position has been eliminated or reduced in accordance with the provisions of this chapter shall, at the end of the appropriate notice period, be placed on layoff status, unless the layoff notice has been rescinded prior to that time.

UWS 5.16(2) (2) The faculty member whose notice period has expired, and who is placed on layoff status shall remain on layoff status until:

UWS 5.16(2)(a) (a) For probationary faculty, the probationary appointment would have expired under its own terms;

UWS 5.16(2)(b) (b) For tenured faculty, one of the following occurs:

UWS 5.16(2)(b)1. 1. Reappointment to the position from which laid off. Failure to accept such reappointment would terminate the faculty member’s association with the University of Wisconsin System.

UWS 5.16(2)(b)2. 2. Acceptance of an alternative continuing position in the University of Wisconsin System. Failure to accept an alternate appointment would not terminate the faculty member’s association with the University of Wisconsin System.

UWS 5.16(2)(b)3. 3. Resignation.

UWS 5.16(2)(b)4. 4. Failure by the affected faculty member to notify the chancellor not later than December 1, of each year while on layoff status as to his/her location, employment status, and desire to remain on layoff status. Failure to provide such notice of desire to remain on layoff status shall terminate the faculty member’s association with the University of Wisconsin System.

UWS 5.16 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. (2) (b) 1., 2., 4. Register April 2016 No. 724, eff. 5-1-16.

UWS 5.17 UWS 5.17 Alternative employment. Each institution shall devote its best efforts to securing alternative appointments within the institution in positions for which faculty laid off under this chapter are qualified under existing criteria. In addition, the University of Wisconsin System shall provide financial assistance for one year for faculty who are designated for layoff to readapt within the department or within another department of the institution, where such readaptation is feasible. Further, the University of Wisconsin System shall devote its best efforts to insure that faculty members laid off or terminated in any institution shall be made aware of openings within the system.

UWS 5.17 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

UWS 5.18 UWS 5.18 Reappointment rights. Each institution shall establish administrative procedures and policies to insure that where layoff or terminations occur for reasons of financial emergency, no person may be employed at that institution within 3 years to perform reasonably comparable duties to those of the faculty member laid off or terminated without first offering the laid off or terminated faculty member reappointment without loss of tenure, seniority and other rights. The 3 year period shall be computed from the effective date of layoff as specified in the original notice.

UWS 5.18 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.19 UWS 5.19 Retention of rank and salary. Any faculty member reappointed within 3 years after layoff or termination shall be reappointed with a rank and salary at least equivalent to the rank and salary when laid off or terminated, together with such other rights and privileges which may have accrued at that time; any faculty member relocated within an institution or within the University of Wisconsin System shall not have either rank or salary adversely affected except by consent at the time of relocation.

UWS 5.19 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

UWS 5.20 UWS 5.20 Rights of faculty members on layoff. A faculty member on layoff status in accord with the provisions of this chapter has the reemployment rights guaranteed by ss. UWS 5.18 and 5.19, and has the following minimal rights:

UWS 5.20(1) (1) Such participation in fringe benefit programs as is allowed by state regulations governing rights of laid off state employees;

UWS 5.20(2) (2) Such continued use of campus facilities as is allowed by policies and procedures established by the department and institution; and

UWS 5.20(3) (3) Such participation in departmental and institutional activities as is allowed by guidelines established by the department and institution.

UWS 5.20 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.21 UWS 5.21 Systemwide tenure. The commitment to systemwide tenure within the former chapter 37 institutions shall be honored by those institutions for those eligible under s. 36.13 (4), 1973 Stats., in the event of layoff or termination under the provisions of this chapter.

UWS 5.21 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.22 UWS 5.22 Lack of faculty action. If the faculty of an institution is given due notice of its rights and responsibilities under this chapter, and does not act, the chancellor may act as follows in lieu of the faculty action:

UWS 5.22(1) (1) If a faculty committee provided for in s. UWS 5.04 is not established, the chancellor may consult those members or representatives of the faculty he or she considers appropriate to satisfy the intent of s. UWS 5.05. All departments potentially involved shall be consulted and representatives of the faculty may dispute the chancellor’s recommendation for a state of financial emergency before the board.

UWS 5.22(2) (2) If the faculty does not act to determine the form of seniority to be followed, the chancellor may designate the form. Such designation shall be effective campuswide and shall be made prior to the declaration by the board of a state of financial emergency.

UWS 5.22(3) (3) If an affected department or program does not recommend individuals for layoff or termination following declaration of a state of financial emergency, the chancellor shall determine the individuals to be affected, using such advice as is deemed of value.

UWS 5.22(4) (4) If a faculty hearing committee provided for in s. UWS 5.11 is not established by the faculty, the chancellor may appoint a committee of faculty members to provide this function.

UWS 5.22 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (1) made under s. 13.93 (2m) (b) 5., Stats., Register, June, 1995, No. 474.