HR policy - Unclassified rules: 6.01 faculty complaints

The University of Wisconsin System (UWS) is governed by the Wisconsin Administrative Code - the rules adopted by the Board of Regents. These rules were promulgated in accordance with the rulemaking authority vested in the UW Board of Regents. These specific policies called "unclassified rules" provide for specific instances where the local institution may develop or add to the UWS rules. The UWL Policy number corresponds to the unclassified rule chapter number and section. For the entire UWS rules, visit: http://docs.legis.wisconsin.gov/code/admin_code/uws

 Functional Owner Chief Human Resources Officer
 Executive Sponsors Chancellor
 Policy Contact Chief Human Resources Officer or Faculty Ombudsperson


Who this policy applies to:
Faculty.


Understanding the UWS Code:
The University of Wisconsin System (UWS) is governed by the Wisconsin Administrative Code - the rules adopted by the Board of Regents. These rules were promulgated in accordance with the rulemaking authority vested in the UW Board of Regents. These specific policies called "unclassified rules" provide for specific instances where the local institution may develop or add to the UWS rules. The UWL Policy number corresponds to the unclassified rule chapter number and section. For the entire UWS rules, visit: http://docs.legis.wisconsin.gov/code/admin_code/uws

This specific policy is part of Chapter 6 of the UWS Code.  To review the UWS code, please visit: http://docs.legis.wisconsin.gov/code/admin_code/uws/6


UWL Policy Detail:
(1) In an effort to reach informal resolution, problems concerning the improper conduct of faculty members should initially be addressed at the level (department/unit, college or university) where the problem originated. If the parties cannot resolve the problem, either party may present the problem to the chancellor. At this stage, the problem shall be classified a complaint requiring both review and action by the chancellor. In unusual cases, the problem may be immediately classified a complaint and presented to the chancellor without attempts at informal resolution.

(2) The standing faculty committee to hear complaints against faculty members shall be Committee on Complaints, Grievances, Appeals and Academic Freedom, as established by Faculty Senate Bylaws. The chancellor or a designated administrative representative shall be responsible for drafting the formal complaint, gathering documentary evidence, and securing witnesses. The chancellor shall initiate the hearing process by submitting the formal complaint and the supporting materials (letters, memos, evidence, preliminary findings, etc.) To the CGAAF Committee. If the chancellor invokes a disciplinary action or concurs with a previous disciplinary action, the disciplined member may request a hearing of the complaint by the CGAAF Committee. The burden of proof in a complaint shall rest with the chancellor or the designated administrative representative.

(3) The Faculty Senate Bylaws shall specify the guarantees of due process and procedure for the fair hearing of a complaint. The CGAAF Committee may establish additional rules and guidelines regarding hearings. The informal resolution of faculty conduct problems should ordinarily be completed during the semester in which the problem surfaces. Formal complaints shall be filed with the CGAAF Committee within 30 days beyond the end of the semester in which they are alleged to have occurred. If the chancellor's action invokes or continues a disciplinary action in a complaint case without a hearing, the disciplined faculty member may request a hearing of the complaint by the CGAAF Committee. This request shall be made within 20 days of notice of the chancellor's decision (25 days if notice is by first class mail). Such a hearing shall be held no later than 20 days after the request except that this time limit may be extended by mutual consent of the parties or by order of the CGAAF Committee.

(4) 

(a) At least two-thirds of the members hearing the case must concur in a finding of misconduct and in a recommendation of severe sanctions if such a finding and recommendation are to be reported to the chancellor. Otherwise, a finding of no serious misconduct warranting severe sanctions shall be reported. The committee may by majority vote of those hearing the case recommend a minor sanction. If the committee finds sanctions are not warranted, it shall recommend dismissal of the complaint. But the committee may recommend referral to appropriate officials or groups for informal resolution of remaining issues.

(b) Procedures:

1. The committee shall transmit its findings of fact and recommendations in writing to the chancellor and faculty member involved within 10 days after the conclusion of its proceedings.

2. Following the final decision of the chancellor, the faculty member involved shall not be charged again for the same instance(s) of alleged misconduct.

3. Within 10 days after the transmittal of the findings and recommendations of the committee, the faculty member or the complainant may file written objections with the chancellor.

4. Any objections must be based solely on the record as developed at the hearing before the committee.

5. The chancellor shall render a decision as soon as practical after the expiration of this second 10 day period and shall transmit the decision to the faculty member, the complainant and the committee. If the chancellor does not accept the committee recommendation, he/she shall provide the committee with a written statement of the reasons for his/her disagreement. Failure to accept the committee's recommendations should be rare and the reasons compelling.

6. In exceptional cases, the parties involved in the complaint may request the Board to grant a review on the record. (UWS 6.01(5))


Revision history:
Last reviewed was July 2020


Supporting tools:

Responsibilities:
N/A


Links to related information:




Keywords:faculty complaints   Doc ID:103731
Owner:John A.Group:UW-La Crosse
Created:2020-07-07 18:31 CDTUpdated:2020-07-15 09:10 CDT
Sites:UW-La Crosse
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