Wisconsin Administrative Code

UWS 4.04 Hearing. If the faculty member requests a hearing within 20 days of notice of the statement of charges (25 days if notice is by first class mail and publication), such a hearing shall be held not later than 20 days after the request except that this time limit may be enl…

UWS 4.05 Adequate due process. (1) A fair hearing for a faculty member whose dismissal is sought under s. UWS 4.01 shall include the following: (a) Service of written notice of hearing on the specific charges at least 10 days prior to the hearing; (b) A right to the names of witn…

UWS 4.06 Procedural guarantees. (1) Any hearing held shall comply with the requirements set forth in s. UWS 4.05. The following requirements shall also be observed: (a) The burden of proof of the existence of just cause is on the administration or its representatives; (am) For co…

UWS 4.07 Recommendations to the chancellor and the regents. (1) The faculty hearing committee shall send to the chancellor and to the faculty member concerned, as soon as practicable after conclusion of the hearing, a verbatim record of the testimony and a copy of its report, fin…

UWS 4.08 Board review. (1) If the chancellor recommends dismissal, the board shall review the record before the faculty hearing committee and provide an opportunity for filing exceptions to the recommendations of the hearing committee or chancellor, and for oral arguments, unless…

UWS 4.09 Suspension from duties. Pending the final decision as to dismissal, the faculty member shall not normally be relieved of duties; but if, after consultation with appropriate faculty committees the chancellor finds that substantial harm to the institution may result if the…

UWS 4.10 Date of dismissal. A decision by the board ordering dismissal shall specify the effective date of the dismissal. History: Cr. Register, January, 1975, No. 229, eff. 2-1-75. Subchapter III — Procedures for Faculty Dismissal and Discipline in Title IX Cases

UWS 4.11 Subchapter III definitions. In this subchapter: (1) XComplainantY means any individual who is alleged to be the subject of Title IX misconduct, as defined in this section. (2) XEducation program or activityY means, for purposes of Title IX misconduct only, locations, eve…

UWS 4.12 Dismissal for cause or lesser discipline for Title IX misconduct. (1) The board may dismiss a faculty member for cause, or impose lesser discipline on a faculty member, for Title IX misconduct as defined in s. UWS 4.11. (2) Title IX misconduct allegations against faculty…

UWS 4.13 Application of Title IX misconduct disciplinary procedure. This disciplinary procedure for Title IX misconduct will be used only when all of the following requirements are met: (1) There is a formal Title IX complaint alleging Title IX misconduct on the basis of sex. (2)…

UWS 4.14 Dismissal of formal Title IX complaint and related appeal. (1) The university shall dismiss a formal Title IX complaint consisting of allegations that meet any of the following conditions: (a) The alleged conduct would not constitute Title IX misconduct if proved. (b) Th…

UWS 4.15 Investigation of Title IX misconduct allegations. (1) Unless the university dismisses a formal Title IX complaint, the university shall appoint an investigator to conduct an investigation of the allegations in the formal Title IX complaint. (2) The investigator shall pro…

UWS 4.16 Review of evidence. (1) Prior to completion of the final investigative report, the investigator shall send to the faculty member and complainant and their respective advisors, if any, the evidence gathered during the investigation for inspection and review by the faculty…

UWS 4.17 Final investigative report. The investigator shall create a final investigative report that fairly summarizes rel- 6 evant evidence and send the report to the faculty member, the complainant, and their advisors, if any, for their review and response at least 10 days prio…

UWS 4.18 Standing faculty committee and hearing examiner. (1) The chancellor of each university, in consultation with faculty representatives, shall adopt policies providing for the designation of a Title IX conduct hearing examiner. The chancellor shall select a hearing examiner…

UWS 4.19 Adequate due process. (1) A fair hearing for a faculty member against whom dismissal or other discipline is sought shall include all of the following: (a) Service of written notice of a live hearing on the allegations in the formal Title IX complaint at least 10 days pri…

UWS 4.20 Procedural guarantees. (1) Any hearing held shall comply with the requirements set forth in s. UWS 4.19. All of the following requirements shall also be observed: (a) The burden of proof of the existence of just cause to support dismissal, or of grounds to support other …

UWS 4.21 Hearing committee or hearing examiner findings and recommendations to the chancellor. The hearing committee or hearing examiner shall simultaneously send to the chancellor, to the complainant, and to the faculty member concerned, within 30 days after the conclusion of th…

UWS 4.22 Chancellor[s decision. (1) Within 20 days after receipt of the record and findings and recommendations from the hearing committee or the hearing examiner the chancel- the chapter was last published. UWS 4.22 WISCONSIN ADMINISTRATIVE CODE lor shall review those materials …

UWS 4.23 Appeal to board. (1) The board shall provide the faculty member and the complainant an opportunity for filing exceptions to the chancellor[s decision, and for oral arguments, unless the faculty member and the complainant waive in writing the right to file exceptions and …

UWS 4.24 Suspension from duties. Pending the final decision on dismissal or other discipline, the faculty member may not normally be relieved of duties; but if, after consultation with appropriate faculty committees the chancellor finds that substantial harm to the university may…

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 m…

UWS 5.02 Financial emergency. (1) For the purposes of this chapter, Xfinancial emergencyY 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: (a) The total general program operations (GPR/fe…

UWS 5.03 Layoff and termination. For the purposes of this chapter XlayoffY 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 sp…

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 UWS 5.12 UWS 5.13 UWS 5.14 UWS 5.15 UWS 5.16 UWS 5.17 UWS 5.18 UWS 5.19 UWS 5.20 UWS 5.21 UWS 5.22 Rev…

UWS 5.05 Consultation. (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 …

UWS 5.06 Recommendation to the system president and the board. (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 rep…

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…

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 followin…

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: (1) A summary of the reasons and evidence supporting the declaration of a state of…

UWS 5.10 Notification period. (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 …

UWS 5.11 Faculty hearing committee. The faculty of each institution shall, promptly after February 1, 1975, establish a committee or designate an existing committee to serve as a hearing committee for the purposes of this chapter. The committee shall consist of faculty members of…

UWS 5.12 Review hearing. (1) A faculty member whose position is recommended for elimination is entitled to a hearing before the faculty hearing committee as to the appropriateness of the decision to lay off that particular individual. The existence of a state of financial emergen…

UWS 5.13 Hearing procedure. (1) If the faculty hearing committee requests, the chancellor shall provide legal counsel to the committee. The hearing shall be closed unless the faculty member whose position has been recommended for elimination requests an open hearing, in which cas…

UWS 5.14 Recommendations and review by the board. The recommendations of the chancellor and the recommendations, if any, of the faculty hearing committee, shall be transmitted to the president of the University of Wisconsin System and to the board and acted upon as follows: (1) I…

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 …

UWS 5.16 Layoff status. (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 t…

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 S…

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 comparab…

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 whic…

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: (1) Such participation in fringe benefit programs a…

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. History…

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: (1) If a faculty committee provided for in s. UWS 5.04 i…

UWS 6.01 Complaints. The faculty of each institution, with the approval of the chancellor, shall establish rules and procedures to deal with allegations by the administration, students, academic staff members, other faculty members, university staff members, or members of the pub…

UWS 6.02 Grievances. The faculty of each institution shall designate a committee or other appropriate faculty body to hear faculty grievances under rules and procedures established by the faculty of the institution in conjunction with the chancellor. The committee or faculty body…

UWS 7.01 Declaration of policy. University faculty members are responsible for advancing the university[s missions of teaching, research, and public service. The fulfillment of these missions requires public trust in the integrity of the institution and in all members of the univ…

UWS 7.015 Definitions. (1g) XAffected partyY means any student, employee, visitor, or an individual participating in a university program or activity, who is a victim of a faculty member[s serious criminal misconduct. (1m) XClear and convincing evidenceY means information that wo…