Chapter UWS 5

Chapter UWS 5

LAYOFF AND TERMINATION FOR REASONS OF FINANCIAL EMERGENCY

UWS 5.01   General.

UWS 5.02   Financial emergency.

UWS 5.03   Layoff and termination.

UWS 5.04   Faculty consultative committee.

UWS 5.05   Consultation.

UWS 5.06   Recommendation to the system president and the board.

UWS 5.07   Individual designations.

UWS 5.08   Seniority.

UWS 5.09   Notification.

UWS 5.10   Notification period.

UWS 5.11   Faculty hearing committee.

UWS 5.12   Review hearing.

UWS 5.13   Hearing procedure.

UWS 5.14   Recommendations and review by the board.

UWS 5.15   Board review.

UWS 5.16   Layoff status.

UWS 5.17   Alternative employment.

UWS 5.18   Reappointment rights.

UWS 5.19   Retention of rank and salary.

UWS 5.20   Rights of faculty members on layoff.

UWS 5.21   Systemwide tenure.

UWS 5.22   Lack of faculty action.

UWS 5.01 UWS 5.01 General. Notwithstanding s. 36.13, Stats., the board may lay off or terminate a tenured faculty member, or lay off or terminate a probationary faculty member prior to the end of his or her appointment, in the event of a financial emergency. Such layoffs or terminations may be made only in accord with the provisions of this chapter, and imply the retention of rights indicated herein. A nonrenewal, regardless of reasons, is not a layoff or termination under this section.

UWS 5.01 Note Note: Section 36.13, Stats., was repealed by 2015 Wis. Act 55.

UWS 5.01 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.02 UWS 5.02 Financial emergency.

UWS 5.02(1) (1) For the purposes of this chapter, “financial emergency” is a state which may be declared by the board to exist for an institution if and only if the board finds that the following conditions exist:

UWS 5.02(1)(a) (a) The total general program operations (GPR/fee) budget of the institution, excluding adjustments for salary/wage increases and for inflationary impact on nonsalary budgets, has been reduced;

UWS 5.02(1)(b) (b) Institutional operation within this reduced budget requires a reduction in the number of faculty positions such that tenured faculty must be laid off, or probationary faculty must be laid off prior to the end of their respective appointments. Such a reduction in faculty positions shall be deemed required only if in the board’s judgment it will have an effect substantially less detrimental to the institution’s ability to fulfill its mission than would other forms of budgetary curtailment available to the institution; and

UWS 5.02(1)(c) (c) The procedures described in ss. UWS 5.05 and 5.06 have been followed.

UWS 5.02 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.03 UWS 5.03 Layoff and termination. For the purposes of this chapter “layoff” is the indefinite suspension or an involuntary reduction in services and compensation of a faculty member’s employment by the University of Wisconsin System. A laid off faculty member retains the rights specified in ss. UWS 5.16 through 5.21, inclusive. For the purposes of this chapter, “termination” is the permanent elimination of a faculty member’s employment by the University of Wisconsin System. A terminated faculty member retains rights specified in ss. UWS 5.18 and 5.19.

UWS 5.03 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 5.04 UWS 5.04 Faculty consultative committee. The faculty of each institution shall, promptly after February 1, 1975, designate or create a standing faculty committee to consult with the chancellor if at any time a declaration of financial emergency is to be considered. The committee shall consist of faculty members of the institution chosen by the faculty in a manner to be determined by the faculty. It is the right and responsibility of this committee to represent the faculty before the board if a declaration of a state of financial emergency for the institution is being considered, and to assure that the procedures of ss. UWS 5.05 and 5.06 are followed.

UWS 5.04 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.05 UWS 5.05 Consultation.

UWS 5.05(1) (1) In the event that a declaration of financial emergency is contemplated, the chancellor of the affected institution shall consult with and seek advice from the faculty committee provided for in s. UWS 5.04 at least 3 months before the matter is taken to the board. The chancellor and committee shall:

UWS 5.05(1)(a) (a) Consider identifiable alternative methods of budget reduction;

UWS 5.05(1)(b) (b) Determine whether reductions in faculty positions under the provisions of this chapter can be made with less detriment to the institution’s ability to fulfill its mission than would follow from reasonable alternative courses of action;

UWS 5.05(1)(c) (c) Determine from which colleges, schools, departments, or programs faculty positions should be eliminated;

UWS 5.05(1)(d) (d) Consult with faculties of colleges, schools, departments and programs potentially involved; and

UWS 5.05(1)(e) (e) Consult with such other individuals and groups as they feel may be able to provide valuable advice.

UWS 5.05(1m) (1m) The committee shall prepare a report, with supporting documents, for submission to the chancellor, the faculty senate, or institutional equivalent, and the board.

UWS 5.05(2) (2) It shall be the primary responsibility of the faculty of the institution to establish criteria to be used by the chancellor and committee for academic program evaluations and priorities. A decision to curtail or discontinue an academic program for reasons of financial emergency shall be made in accordance with the best interests of students and the overall ability of the institution to fulfill its mission.

UWS 5.05 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.06 UWS 5.06 Recommendation to the system president and the board.

UWS 5.06(1) (1) If the chancellor decides to recommend that the board declare a state of financial emergency for the chancellor’s institution, the recommendation to the system president and the board shall be accompanied by a report which shall include the following:

UWS 5.06(1)(a) (a) A statement of the procedures followed in arriving at the recommendation, showing compliance with s. UWS 5.05;

UWS 5.06(1)(b) (b) Data clearly demonstrating the need for a reduction of faculty positions in accord with the provisions of this chapter;

UWS 5.06(1)(c) (c) An identification of the colleges, schools, departments or program areas in which reductions will be made, with data indicating the appropriateness of such choices;

UWS 5.06(1)(d) (d) The report of the faculty committee, expressing its views on these matters; and

UWS 5.06(1)(e) (e) A report of any action of the faculty senate or institutional equivalent on this matter.

UWS 5.06(2) (2) The chancellor and the chairperson of the faculty committee, or their designees, and representatives of affected colleges, schools, departments and programs, may appear before the board at the time the recommendation is considered. Other interested parties may submit in writing alternative recommendations or challenges to any part of the report.

UWS 5.06 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, June, 1995, No. 474.

UWS 5.07 UWS 5.07 Individual designations. Once the board has declared a state of financial emergency it shall be the primary responsibility of the tenured members of the affected department(s) to recommend which individuals are to be laid off. These recommendations shall follow seniority, as provided in s. UWS 5.08, unless a clear and convincing case is made that program needs dictate other considerations, e.g., the need to maintain diversity of specializations within a department. The department may seek the advice of other groups or individuals in formulating its recommendations. The departmental recommendation shall be forwarded to the chancellor, and the chancellor shall prepare recommendations for the system president and the board, as provided in s. UWS 5.14.

UWS 5.07 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.08 UWS 5.08 Seniority. The faculty of each institution shall promptly after February 1, 1975, determine the form of seniority that is to be considered. Such a determination shall be effective uniformly throughout the institution. Seniority may be, but is not limited to, the following definitions:

UWS 5.08(1) (1) Without regard to rank, with seniority established by total years of service in the institution;

UWS 5.08(2) (2) By rank, and within rank according to total years of service in the institution; or

UWS 5.08(3) (3) By rank, and within rank, according to length of service in the institution at that rank.

UWS 5.08 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.09 UWS 5.09 Notification. Each faculty member whose position is recommended for elimination shall receive prompt written notification from the chancellor. This statement of notification shall include:

UWS 5.09(1) (1) A summary of the reasons and evidence supporting the declaration of a state of financial emergency and of the reasons and data leading to the choice of the colleges, schools, departments or programs in which reductions are to be made;

UWS 5.09(2) (2) A statement of the basis on which the individual position was selected for elimination (if on the basis of seniority, the criterion used and data supporting the choice; if on another basis, the data and reasons supporting that choice);

UWS 5.09(3) (3) A statement of the date on which the layoff is to be effective (this must be consistent with the provisions of s. UWS 5.10); and

UWS 5.09(4) (4) A copy of these rules and such other information or procedural regulations as the chancellor or faculty hearing committee shall deem appropriate.

UWS 5.09 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.

UWS 5.10 UWS 5.10 Notification period.

UWS 5.10(1) (1) For an academic year appointment the effective date of layoff must coincide with the end of an academic year. For an annual appointment it shall be June 30. In either case notification must be given at least 12 months in advance of the effective date. The notification referred to here is that specified in s. UWS 5.09 informing the faculty member that his or her position has been recommended for elimination.

UWS 5.10(2) (2) During this period, and prior to entering layoff status (see s. UWS 5.16), the chancellor may offer as appropriate, and the faculty member may accept: