Chapter UWS 12

UWS 12.05(4)(a) (a) Conduct, expressions, or beliefs on the staff member’s part which are constitutionally protected or actions which are consistent with an appropriate professional code of ethics;

UWS 12.05(4)(b) (b) Employment practices prescribed by applicable state or federal law; or

UWS 12.05(4)(c) (c) Improper consideration of the qualifications of the staff member. For the purposes of this section, “improper consideration” occurs if material prejudice resulted from any of the following:

UWS 12.05(4)(c)1. 1. The procedures required by the chancellor or board were not followed;

UWS 12.05(4)(c)2. 2. Available data bearing materially on the quality of the staff member’s actual or potential performance were not considered; or

UWS 12.05(4)(c)3. 3. Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.

UWS 12.05(5) (5) The staff member shall present evidence on whether one or more of the factors specified above improperly entered into the decision to layoff. The hearing body shall then consider whether the evidence presented establishes a prima facie case that such factor or factors did enter significantly into the layoff decision. If the hearing body finds that a prima facie case has not been established, the layoff decision shall be found to have been proper and the hearing shall be ended.

UWS 12.05(6) (6) If the hearing body finds that a prima facie case has been established, the appropriate administration officer for the operational area shall be entitled to present evidence to support the layoff decision, and, thereafter, the staff member may present evidence in rebuttal. Thereafter, on the basis of all the evidence presented, the hearing body shall make its determinations as follows:

UWS 12.05(6)(a) (a) The hearing body shall first consider whether one or more of the above specified factors improperly entered into the decision to layoff. Unless the body is convinced that such factor or factors did improperly enter into that decision, the body shall find the decision to have been proper;

UWS 12.05(6)(b) (b) If the hearing body is convinced that such factor or factors entered into the decision to layoff, then the body shall find that decision to be improper, unless the body is also convinced 1) that there was a bona fide program or budgetary reason(s), and that the determination of such reason(s) was made in the manner prescribed by, and in accordance with, the standards established by the institution; and 2) that the decision to layoff the particular academic staff member was in accordance with the provisions of s. UWS 12.02.

UWS 12.05(7) (7) In determining whether a bona fide budgetary or program reason existed for layoff of the appointment of the academic staff member concerned, the hearing body shall presume that the decision to curtail the program was made in good faith and for proper reasons. The hearing body shall not substitute its judgment or priorities for that of the administration.

UWS 12.05(8) (8) If the hearing body finds that the layoff was improper, it shall report this decision and its recommendation to the chancellor and to the staff member. The chancellor shall review the matter, decide whether the staff member should be laid off, and notify the hearing body and academic staff member of the decision. This decision shall be deemed final unless the board, upon request of the academic staff member, grants review based on the record.

UWS 12.05 History History: Cr. Register, October, 1975, No. 238, eff. 11-1-75, correction in (2) (f), made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617.

UWS 12.06 UWS 12.06 Review for fixed term and probationary academic staff members. Each institution shall establish procedures for an impartial review of the layoffs for reasons of budget or program of academic staff members with fixed term and probationary appointments. Nonrenewal is not a layoff under this section.

UWS 12.06 History History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWS 12.07 UWS 12.07 Layoff status.

UWS 12.07(1) (1) An academic staff member whose position has been eliminated according to the provisions of this chapter may, at the end of the appropriate notice period, be placed on layoff status, unless the layoff notice has been rescinded prior to that time. The academic staff member whose notice period has expired, and who is placed on layoff status shall remain on layoff status until,

UWS 12.07(1)(a) (a) For fixed term and probationary appointee, one of the following occurs:

UWS 12.07(1)(a)1. 1. The appointment expires under its own terms;

UWS 12.07(1)(a)2. 2. The staff member fails to accept an alternate appointment.

UWS 12.07(1)(b) (b) For academic staff on indefinite appointment one of the following occurs:

UWS 12.07(1)(b)1. 1. The staff member is reappointed to the position from which laid off. Failure to accept such reappointment would terminate the academic staff member’s association with the institution;

UWS 12.07(1)(b)2. 2. The staff member accepts an alternative continuing position in the institution. Failure to accept an alternate appointment would not terminate the academic staff member’s association with the institution;

UWS 12.07(1)(b)3. 3. The staff member resigns;

UWS 12.07(1)(b)4. 4. The staff member fails to notify the chancellor or his/her designee 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 academic staff member’s association with the institution;

UWS 12.07(1)(b)5. 5. A period of 3 years lapses.

UWS 12.07 History History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWS 12.08 UWS 12.08 Alternative employment. Each institution shall devote its best efforts to securing alternative appointments within the institution in positions for which staff laid off under this chapter are qualified under existing criteria. Each institution should seek to provide financial assistance for academic staff members who have indefinite appointments and who are to be laid off to readapt within the operational area or within another operational area of the institution where such readaptation is feasible within one year’s time. Further, the University of Wisconsin System shall devote its best efforts to insure that such staff members laid off in any institution shall be made aware of openings within the system.

UWS 12.08 History History: Cr. Register, October, 1975, No. 238, eff. 11-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

UWS 12.09 UWS 12.09 Reappointment rights. Each institution shall establish administrative procedures and policies to insure compliance with s. 36.21, Stats., in providing that where layoffs occur for reasons of budget or program, no person may be employed in that operational area at that institution within 3 years to perform reasonably comparable duties to those of the staff member laid off without first offering the laid off staff member on layoff status reappointment without loss of rights or status. In addition, an institution shall continue for 3 years from date of layoff to offer the reappointment rights stated in this section to a laid off fixed term appointee whose appointment has expired under its own terms if such appointee notified the chancellor or his/her designee by December 1 of each year, or more frequently if institutional policies and procedures require, as to his/her location, employment status, and desire to pursue reappointment rights. Failure to provide such notification shall terminate the academic staff member’s reappointment rights under this section.

UWS 12.09 History History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWS 12.10 UWS 12.10 Retention of salary. Any academic staff member reappointed within 3 years after layoff to reasonably comparable duties within the operational area shall be reappointed with a salary rate at least equivalent to the salary rate when laid off, together with such other rights and privileges which may have accrued at that time.

UWS 12.10 History History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWS 12.11 UWS 12.11 Rights of academic staff members on layoff. An academic staff member on layoff status in accord with the provisions of this chapter has the reemployment rights guaranteed by s. UWS 12.09 or 12.10, and has the following minimal rights:

UWS 12.11(1) (1) Such voluntary participation in fringe benefit programs as is permitted by institutional policies;

UWS 12.11(2) (2) Such continued use of campus facilities as is allowed by policies and procedures established by the institution; and

UWS 12.11(3) (3) Such participation in institutional activities as is allowed by the policies and procedures established by the institution.

UWS 12.11 History History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.