UWS Chapter 3 - Faculty appointments

These rules were promulgated in accordance with the rulemaking authority vested in the Board of Regents by Chapter 36 of the Wisconsin Statutes. The rules govern areas such as the use of university facilities, conduct, and dismissal of personnel. Please note that not all UWS rules have a corresponding UWL related policy.

3.01 Types of appointments.

3.02 Recruiting.

3.03 Appointments—general.

3.04 Probationary appointments.

3.05 Periodic review.

3.06 Renewal of appointments and granting of tenure.

3.07 Nonrenewal of probationary appointments.

3.08 Appeal of a nonrenewal decision.

3.09 Notice periods.

3.10 Absence of proper notification.

3.11 Limitation.

UWS 3.01 Types of appointments.

(1) Appointments to the faculty are either tenure or probationary appointments. Faculty appointments carry the following titles: professor, associate professor, assistant professor, and instructor.

(a) “Tenure appointment" means an appointment for an unlimited period granted to a ranked faculty member by the board upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution via the president of the system.

(b) “Probationary appointment" means an appointment by the board upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution and held by a faculty member during the period which may precede a decision on a tenure appointment.

(c) In accordance with s. 36.05 (8), Stats., academic staff appointments may be converted to faculty appointments by the action of the board upon the recommendation of the appropriate faculty body and the chancellor of an institution. Such faculty appointees shall enjoy all the rights and privileges of faculty.

(d) In accordance with s. UWS 1.05 members of the academic staff may be given faculty status. Members of the academic staff who have been given faculty status have employment rights under the rules and policies concerning academic staff.

(e) A person holding a faculty appointment shall not lose that appointment by accepting a limited appointment for a designated administrative position.

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

UWS 3.02 Recruiting. The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop procedures relating to recruitment of members of the faculty. The procedure shall be consistent with board policy and state and federal laws with respect to nondiscriminatory and affirmative action recruitment. The procedures shall allow maximum flexibility at the departmental, school and college levels to meet particular needs. In all instances the procedures shall provide for departmental peer review and judgment as the operative step in the recruiting process.

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

UWL 3.02 Recruiting.

(1) To ensure that there is no unlawful discrimination, recruiting procedures shall observe the federal and state statutes and UW System Rules and Guidelines pertaining to affirmative action in the recruitment of faculty.

(2) When a department and the appropriate academic administrative officers determine that, according to department staffing plans, a faculty vacancy exists in the department, the department shall proceed with the development of a position description for a faculty appointment.

(3) The appropriate academic administrative officers shall be responsible for approving position descriptions and for authorizing recruitment. A copy of the position vacancy shall be submitted if and as needed or required to System Administration for clearance to proceed in the recruitment process. Notices of the position vacancy shall be distributed by the appropriate academic administrative officer and the department chairperson.

(4) The department shall have responsibility for careful screening of all applications received and for the recommendation of candidates to be invited to the campus for interviews. Departmental review and judgment shall be the operative step in the recruiting process. In the case of creation of a new department, appropriate academic administrative officers shall give consideration to the judgment of the faculty of related disciplines.

(5) Each fall semester, the appropriate academic administrative officer shall distribute to department chairpersons such instructions and sample record forms as will facilitate compliance with affirmative action obligations and procedures as well as budgetary requirements. The Affirmative Action Office shall advise appropriate administrative officers and department chairpersons of the status of current utilization of women and minorities in each department/unit. Where underutilization exists, departments will be required to establish affirmative action goals for the hiring of women and/or minorities prior to the initiation of recruitment efforts.

UWS 3.03 Appointments—general. The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop rules relating to faculty appointments. Each person to whom an appointment is offered must receive an appointment letter in which an authorized official of the institution details the terms and conditions of the appointment, including but not limited to, duration of the appointment, salary, starting date, ending date, general position responsibilities, probation, tenure status, and crediting of prior service. Accompanying this letter shall be an attachment detailing institutional and system rules and procedures relating to faculty appointments. If the appointment is subject to the advance approval of the board, a statement to this effect must be included in the letter.

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

UWS 3.04 Probationary appointments.

(1) Each institution's rules for faculty appointments shall provide for a maximum 7-year probationary period in a full-time position, and may provide for a longer maximum probationary period in a part-time position of at least half time. Such rules may permit appointments with shortened probationary periods or appointments to tenure without a probationary period. Provision shall be made for the appropriate counting of prior service at other institutions and at the institution. Tenure is not acquired solely because of years of service.

(2) A leave of absence, sabbatical or a teacher improvement assignment does not constitute a break in continuous service and shall not be included in the 7-year period under sub. (1).

(3) Circumstances in addition to those identified under sub. (2) that do not constitute a break in continuous service and that shall not be included in the 7-year period include responsibilities with respect to childbirth or adoption, significant responsibilities with respect to elder or dependent care obligations, disability or chronic illness, or circumstances beyond the control of the faculty member, when those circumstances significantly impede the faculty member's progress toward achieving tenure. It shall be presumed that a request made under this section because of responsibilities with respect to childbirth or adoption shall be approved. A request shall be made before a tenure review commences under s. UWS 3.06 (1) (c). A request for additional time because of responsibilities with respect to childbirth or adoption shall be initiated in writing by the probationary faculty member concerned and shall be submitted to a designated administrative officer who shall be authorized to grant a request and who shall specify the length of time for which the request is granted. Except for a request because of responsibilities with respect to childbirth or adoption, a request made because of other circumstances under this section shall be submitted to a designated administrative officer who shall be authorized to grant a request in accordance with institutional policies. A denial of a request shall be in writing and shall be based upon clear and convincing reasons. More than one request may be granted because of responsibilities with respect to childbirth or adoption. More than one request may be granted to a probationary faculty member but the total, aggregate length of time of all requests, except for a request because of responsibilities with respect to childbirth or adoption, granted to one probationary faculty member ordinarily shall be no more than one year. Each institution shall develop procedures for reviewing the requests.

(4) If any faculty member has been in probationary status for more than 7 years because of one or more of the reasons set forth in sub. (2) or (3), the faculty member shall be evaluated as if he or she had been on probationary status for 7 years.

Example: A faculty member has been on probationary status for a total of 9 years because the faculty member was granted 2 requests under sub. (3) for one-year extensions because of the birth of 2 children. The faculty member's teaching, research and professional and public service and contribution to the institution shall be evaluated as if the faculty member had only 7 years to work towards achieving tenure, rather than as if the faculty member had been working towards achieving tenure for 9 years.

History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; renum. to be (1) and am., cr. (2) to (4), Register, February, 1994, No. 458, eff. 3-1-94.

UWL 3.04 Probationary Appointments.

(1) Probationary appointments may be for one year or for other stated periods, subject to renewal. The total period of full-time service prior to the awarding of tenure shall not exceed seven years. Full-time service with the rank of instructor or higher in other institutions of higher learning and/or full-time service with an instructional staff appointment (or equivalent) at UW-La Crosse or other institutions of higher learning may be counted as part of the probationary period. The length of the probationary period shall be stated by the chancellor in writing at the time of initial appointment.

(2) There shall be two kinds of faculty appointments, full-time appointments and part-time appointments, either of which may be tenure appointments. The maximum probationary periods prior to the awarding of tenure for full-time appointments and part-time appointments of half time or more are as follows:

(a) Maximum probation for full-time tenured appointments shall be:

(i) seven full-time years, or

(ii) for any combination of full-time and part-time appointments in which the final three years are consecutive full-time years:

four part-time semesters and six full-time years, or

eight part-time semesters and five full-time years, or

twelve part-time semesters and four full-time years, or

fourteen part-time semesters and three full-time years.

(b) Maximum probation for part-time tenured appointments (See Merger Law 36.13 (2)) shall be:

(i) fourteen part-time semesters, or

(ii) any combination of full-time and part-time appointments accumulating to seven academic years.

(3) The circumstances described in UWS 3.04 (2) and (3) do not constitute a break in continuous service and shall not be included as part of the maximum probationary period.

(4) A leave of absence, sabbatical or a teacher improvement assignment which is approved by the Provost/Vice Chancellor shall be documented in the faculty member's personnel file. The length of any of these circumstances shall be rounded to the nearest semester or academic year. The effect of any of these circumstances on the faculty member's tenure decision date shall be noted in that faculty member's annual retention letter.

The UWL administrative officer designated to act on faculty requests made under UWS 3.04(3) to exclude a certain time period from the maximum probationary period is the Provost/Vice Chancellor. To initiate the process the faculty member shall submit a written request to the member's department chair. In case of membership in more than one department, the request shall be submitted to the chair of the department in which the faculty member would hold a tenured appointment (if granted) after being continuously reappointed throughout the probationary period. Such requests can be made at any time during the probationary period. However, a request made during the academic year in which the faculty member's tenure decision is scheduled must be submitted to the department chair at least ten days prior to the scheduled date of the departmental tenure review meeting for the faculty member. The department shall review the request and forward it along with a recommendation to the Dean of the College who, after reviewing the faculty member's request and the departmental recommendation, shall forward these two items along with a recommendation to the Provost/Vice Chancellor for final action. Departments, deans, and the Provost/Vice Chancellor shall have written procedures for reviewing such requests. The procedures shall ensure compliance with the presumption (UWS 3.04(3)) that requests because of responsibilities with respect to childbirth or adoption shall be approved. In addition, for requests made under any of the other circumstances described in UWS 3.04(3), an unfavorable recommendation by the department or dean, or a denial by the Provost/Vice Chancellor, shall be in writing and shall be based upon clear and convincing reasons.

The time related to circumstances in UWS (2) and the time requested and approved in circumstances indicated in UWS (3) will be converted to the nearest full semester or academic year and recorded in the annual appointment letter to the faculty member. This letter will inform the faculty member of the status of the tenure decision time line either confirming it has remained the same or that it has been extended by circumstances indicated above.

(5) Nothing in this process shall be construed as preventing a faculty member from requesting an early tenure decision.

(6) Faculty members on part-time appointments with tenure shall acquire full-time appointments with tenure either upon completing the maximum probation period under(2) (a) or three consecutive years full-time employment subsequent to acquiring tenure. The final year of the three must be an appointment made subsequent to the effective date of these local rules.

(7) In exceptional cases appointments to tenure may occur with no probationary period or with a shortened probationary period if the appropriate (involved) department and the chancellor so agree. If such an agreement between the department and the chancellor occurs, the appointee shall be informed in writing of that agreement and approval at the time of the initial appointment or reappointment.

(8) A faculty member on probation who resigns or is nonrenewed and is reappointed after a break in service, shall be credited with all prior probationary years of service at UW-La Crosse.

(9) Prior professional service may be counted for promotion and salary, and for purposes other than tenure or seniority, except as provided elsewhere in these rules.

Revision approved on April 12, 1999 by Chancellor Kuipers.
Revision approved by the Board of Regents on December 10, 1999, Resolution 8038

NOTE: Tenure stoppage and retention
Faculty that request a tenure stoppage receive an additional period of time in which they may be considered for a tenure recommendation – it extends the tenure decision past the original date. This stoppage does not also stop the retention decisions of faculty. Retention decisions continue on their normal review cycle; however, if the tenure stoppage is due to a medical or disability related event, the faculty member should speak to Human Resources about possible impact regarding their retention decisions.

History: Updated February 2021 to add the Tenure Stoppage and Retention statement

UWS 3.05 Periodic review. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules providing for periodic review of faculty performance.

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

UWL 3.05 Periodic review.

(1) Requirement for evaluation. Performance of all faculty members shall be reviewed annually. The areas of review shall include teaching, scholarship, and service (professional and university). Departments shall establish written bylaws specifying the review procedures. The bylaws shall include the criteria used in the review, how the criteria are applied, the occasions and methods of review, and any appellate procedures. The review procedures shall also provide faculty members with the opportunity to document their performance in the review areas for the time period under review. These bylaws shall be filed with the appropriate academic dean for the purpose of ensuring compliance with UWS and UWL personnel rules and faculty policies.

The results of the review shall be used in making recommendations for salary adjustments, retention, tenure, promotion, tenured faculty review and development, and for other considerations as needed. The review criteria used for making these different recommendations need not be identical; departments may conduct separate reviews as needed. The results of reviews for a faculty member over a period of several consecutive years shall be part of the basis for making retention, tenure, promotion, and tenured faculty review and development recommendations for the faculty member.

Any changes to departmental bylaws affecting the review procedures must have been adopted and placed on file with the appropriate academic dean at least six months prior to the review. However, reviews for the purpose of making recommendation on retention or tenure of a probationary faculty member shall be conducted using the departmental bylaws in place at the time of the hire of the probationary faculty member unless the faculty member elects to be reviewed under more recently adopted departmental bylaws.

(2) Methods of Review

(a) Teaching. The methods used to review teaching shall include both peer and student evaluation. These methods may also include self-evaluation.

1. Student evaluation of instruction shall be governed by regulations established by the Board of Regents. Additional regulations may be established by the Chancellor, the UW-La Crosse Faculty Senate, and departments after consultation with students where appropriate.

2. Peer and self-evaluation shall be governed by regulations established by the Board of Regents, the Chancellor, the UW-La Crosse Faculty Senate, and departments. Departmental bylaws shall govern the collection and use of the peer evaluation data.

(b) Scholarship and Service. Peer evaluation shall be used to review scholarship and service. Departmental bylaws shall govern the interpretation of the peer evaluation data.

(3) Procedures.

(a) At least 20 days prior to a review, the department chairperson shall notify each faculty member of the date of the review and provide each faculty member with the appropriate form to be used to report the member's performance in the review areas for the time period under review. The department chairperson shall inform each faculty member of the date by which these forms should be completed and submitted. Faculty members are responsible for completing their own evaluation form.

(b) Within 14 days after completion of the review of a faculty member, a written report of the results of the review shall be given to the faculty member. Results shall be reported for each of the review areas.

UWS 3.06 Renewal of appointments and granting of tenure.

(1)

(a) General. Appointments may be granted only upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution. When specified by the board, the institutional recommendation shall be transmitted by the president of the system with a recommendation to the board for action. Tenure appointments may be granted to any ranked faculty member who holds or will hold a half-time appointment or more. The proportion of time provided for in the appointment may not be diminished or increased without the mutual consent of the faculty member and the institution, unless the faculty member is dismissed for just cause or is terminated or laid off pursuant to s. 36.21, Stats.

(b) Criteria. Decisions relating to renewal of appointments or recommending of tenure shall be made in accordance with institutional rules and procedures which shall require an evaluation of teaching, research, and professional and public service and contribution to the institution. The relative importance of these functions in the evaluation process shall be decided by departmental, school, college, and institutional faculties in accordance with the mission and needs of the particular institution and its component parts. Written criteria for these decisions shall be developed by the appropriate institutional faculty bodies. Written criteria shall provide that if any faculty member has been in probationary status for more than 7 years because of one or more of the reasons set forth in s. UWS 3.04 (2) or (3), the faculty member shall be evaluated as if he or she had been in probationary status for 7 years.

(c) Procedures. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules governing the procedures for renewal or probationary appointments and for recommending tenure. These rules shall provide for written notice of the departmental review to the faculty member at least 20 days prior to the date of the departmental review, and an opportunity to present information on the faculty member's behalf. The probationary faculty member shall be notified in writing within 20 days after each decision at each reviewing level. In the event that a decision is made resulting in nonrenewal, the procedures specified in s. UWS 3.07 shall be followed.

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.

UWL 3.06 Renewal of appointments and granting of tenure.

(1) Renewal of appointments and granting of tenure require probationary faculty to be reviewed at three levels in the following order: 1) department; 2) college dean; and 3) chancellor. The process advances as the department's decision and the dean's recommendations are forwarded, in writing, to the chancellor. The timing of the reviews is determined by the university's Personnel Schedule Deadlines.

(2) The probationary faculty member shall be notified in writing within seven days after each decision or recommendation at each reviewing level.

(3) When a negative renewal/tenure decision or recommendation is made at any reviewing level, the provisions of UWS 3.07/UWL 3.07 on reconsideration and UWS 3.08/UWL 3.08 on appeal shall apply.

(4) The initial review of probationary faculty shall be conducted by the tenured faculty of the appropriate department in a manner determined by the tenured members. If there are no tenured members in the department, the appropriate supervisor who is tenured shall make the determination. Department procedures for review, criteria for retention and tenure, and the weighting of criteria shall be documented and on file in the appropriate dean's office in accordance with UWL 3.05 which also specifies that the reviews for the purpose of making recommendations on retention or tenure of a probationary faculty member shall be conducted using the departmental bylaws in place at the time of hire of the probationary faculty member unless the faculty member elects to be reviewed under more recently adopted departmental bylaws.

(5) The department chair shall give written notice of the department review to the probationary faculty member at least 20 days prior to the date of the review. The probationary faculty member may present written and oral support for renewal. The requirements of sub chapter IV of Chapter 19, Wisconsin Statutes concerning open meeting of governmental bodies shall apply.

(6) An affirmative decision by the department or a successful reconsideration by the department that reverses an earlier non-renewal decision is required for renewal and tenure.

(7) The department shall forward the decision and the vote results to the appropriate dean (or other administrative officer). The dean shall submit to the chancellor a written recommendation either affirming or not affirming the department decision. The dean's criteria for renewal and tenure shall be consistent with department criteria. Further, the dean shall take the magnitude of the faculty vote into account when making the recommendation.

(8) Following a non-renewal decision at the department level, and reconsideration and appeal that do not reverse the decision, the department's decision and the vote results shall be forwarded to the appropriate dean (or other administrative officer). The dean shall submit to the chancellor a recommendation either affirming or not affirming the department decision. The dean's criteria for renewal and tenure shall be consistent with department criteria. Further, the dean shall take the magnitude of the faculty vote into account when making the recommendation.

(9) Following an affirmative decision at the department level, but a non-renewal recommendation at the dean level and reconsideration and appeal that do not reverse the recommendation, the process advances to the chancellor.

(10) If the department's decision and the dean's recommendations are both positive the chancellor's decision should be positive unless there are compelling reasons for a negative decision. A faculty member who is denied renewal/tenure at this stage may request the reasons in writing within 10 days. Written reasons shall be provided to the faculty member within 10 days of the receipt of the request. The reasons then become part of the official file of the faculty member.

UWL 3.06 was revised and approved by the Faculty Senate, approved by Chancellor Gow on October 17, 2008 and approved by the Board Of Regents.

NOTE: Tenure stoppage and retention
Faculty that request a tenure stoppage receive an additional period of time in which they may be considered for a tenure recommendation – it extends the tenure decision past the original date. This stoppage does not also stop the retention decisions of faculty. Retention decisions continue on their normal review cycle; however, if the tenure stoppage is due to a medical or disability-related event, the faculty member should speak to Human Resources about the possible impact regarding their retention decisions.

History: Updated February 2021 to add the Tenure Stoppage and Retention statement

UWS 3.07 Nonrenewal of probationary appointments.

(1)

(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.

(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.

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.

2. Reconsideration is not a hearing or an appeal, and shall be nonadversary in nature.

3. In the event that a reconsideration affirms the nonrenewal decision, the procedures specified in s. UWS 3.08 shall be followed.

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

UWL 3.07 Nonrenewal of probationary appointments.

(1) In making a decision of non-renewal, the authorized official (or body) shall inform the appointee early enough to allow time for possible reconsideration and appeal and adequate notice of non-renewal.

(2) The Right to Reconsideration at the lowest level where a non-renewal recommendation or decision is made: An authorized official (or body) who makes a recommendation of non-renewal shall formulate and retain written reasons for the decision. If the faculty member wishes reasons he/she shall request them in writing within 10 days. Written reasons shall be provided the faculty member within 10 days of the receipt of the written request. The reasons then become part of the official personnel file of the faculty member.

(3) If the faculty member wishes a reconsideration of the initial non-renewal recommendation, he/she shall request a reconsideration meeting in writing within two weeks of the receipt of the copy of the reasons.

(4) The meeting for reconsideration with the authorized official or body shall be held within two weeks of the receipt of the request. The faculty member shall be notified a minimum of seven days prior to the meeting. At the reconsideration meeting the authorized official (or body) and the faculty member shall be present. Each may choose up to two members of the university community to be present also. These third parties may question either of the other parties and make comments to them. These third parties also shall file a report of the reconsideration meeting with the authorized official and the faculty member. In later appeals such third parties may be called as witnesses. The faculty member may make a personal presentation at the reconsideration meeting. The meeting shall be held in accordance with sub chapter V of Chapter 19, Wisconsin Statutes.

(5) At the meeting for reconsideration the faculty member is entitled to present documentary evidence. The reconsideration is not a hearing nor an appeal and shall be non-adversary in nature. Its purpose is to allow the faculty member an opportunity to persuade the authorized official or group to change the recommendation of non-renewal by challenging the stated reasons and/or by offering additional evidence. The burden of proof is on the faculty member requesting the reconsideration. This reconsideration proceeding shall occur at the lowest level where a non-renewal recommendation was made.

(6) Following the reconsideration, the authorized official or group shall forward a recommendation (with written reasons) to the next immediate supervisor. A copy of the recommendation and the reasons shall also be sent to the probationary faculty member within seven days of the reconsideration.

UWS 3.08 Appeal of a nonrenewal decision.

(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:

(a) Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, or

(b) Factors proscribed by applicable state or federal law regarding fair employment practices, or

(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:

1. The procedures required by rules of the faculty or board were not followed, or

2. Available data bearing materially on the quality of performance were not considered, or

3. Unfounded, arbitrary or irrelevant assumptions of fact were made about work or conduct.

(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.

(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.

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

UWL 3.08 Appeal of nonrenewal decision.

(1) The standing committee to hear appeals of a non-renewal decision shall be the same hearing committee established under UWL 4.03.

(2) The appellant shall send a written request for a review of his/her case to the hearing committee and shall include a statement of the factors alleged to be materially prejudicial (see UWS 3.08 (1) a, b, c) and shall provide evidence to support his/her claim. The Hearing Committee may deny further consideration of the case if these materials are not provided.

(3) The hearing shall be held in conformity with sub chapter IV, Chapter 19, Wisconsin Statutes.

(4) While providing due process, the faculty hearing committee shall not be bound by common law or statutory rules of evidence.

(5) The Hearing Committee shall report its recommendations to the body or the officials involved in the non-renewal decision. The Hearing Committee also shall inform the faculty member of the recommendations if the officials do not do so within two working days.

(6) The recommendation of the committee shall be based on a majority vote of the committee members hearing the case.

(7) If the Hearing Committee finds that impermissible factors, as defined in UWS 3.08 (1)(a),(b) and (c), were involved in reaching a decision not to recommend tenure, and after all required reconsiderations have been completed, the Chancellor shall direct the Provost/Vice Chancellor to appoint an ad hoc committee of no fewer than five (5) tenured faculty members. Committee members may be off campus peers but may not be members of the appellant's department or its functional equivalent. No person may be appointed to the ad hoc committee unless the person is knowledgeable in the appellant's academic field or in a substantially similar field. The Provost/Vice Chancellor shall consult with the appellant's Dean to ensure that persons appointed to the ad hoc committee are so qualified. The ad hoc committee shall conduct a new review of the appellant's record with reference to the department's criteria for tenure. The appellant shall be afforded an opportunity to make an appearance before the committee and answer questions. Upon completion of the review, the ad hoc committee shall vote on whether the appellant should be granted tenure. The ad hoc committee shall submit a report of their findings to the Chancellor and provide a copy to the appellant. The findings of the ad hoc committee shall not be based on impermissible factors, as defined in UWS 3.08 (1)(a), (b) and (c).

If a majority of the ad hoc committee has recommended that tenure may be granted, the Chancellor may then recommend to the Board of Regents that a tenure appointment be granted without the concurrence of the appellant's department or functional equivalent.

UWS 3.09 Notice periods.

(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:

(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;

(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;

(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.

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 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.

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

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.

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

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