reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.01 - Types of appointments

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.02 - Recruiting

Current through June 24, 2024
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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.03 - Appointments-general

Current through June 24, 2024
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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.06 - Renewal of appointments and granting of tenure

Current through June 24, 2024
(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, pursuant to s.
			 36.13(5),
			 Stats., 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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.07 - Nonrenewal of probationary appointments

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.08 - Appeal of a nonrenewal decision

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.09 - Notice periods

Current through June 24, 2024
(1) A faculty member who is employed on
			 probationary appointment shall be given written notice of reappointment or
			 nonre appointment 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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.10 - Absence of proper notification

Current through June 24, 2024
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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 3 - Faculty Appointments › Section UWS 3.11 - Limitation

Current through June 24, 2024
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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter I - General › Section UWS 4.01 - Dismissal for cause

Current through June 24, 2024
(1) Any faculty member having tenure may be
				dismissed only by the board and only for just cause and only after due notice
				and hearing. Any faculty member having a probationary appointment may be
				dismissed prior to the end of the faculty member's term of appointment only by
				the board and only for just cause and only after due notice and hearing. A
				decision not to renew a probationary appointment or not to grant tenure does
				not constitute a dismissal.
(2) A
				faculty member is entitled to enjoy and exercise all the rights and privileges
				of a United States citizen, and the rights and privileges of academic freedom
				as they are generally understood in the academic community. This policy shall
				be observed in determining whether or not just cause for dismissal exists. The
				burden of proof of the existence of just cause for a dismissal is on the
				administration.
(3) Faculty
				dismissal for cause and lesser discipline based on allegations of Title IX
				misconduct, as defined in s. UWS 4.11, shall be governed by ss. UWS 4.11 to UWS
				4.24.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.016 - Subchapter II definitions

Current through June 24, 2024
In this subchapter:
(1) "Complainant" means any individual who is
				alleged to be the subject of sexual harassment, sexual assault, dating
				violence, domestic violence, stalking, or sexual exploitation as defined in
				this section and s.
				UWS 4.015.
(2) " Sexual harassment" means conduct on the
				basis of sex that satisfies any of the following:
(a)
Quid pro quo sexual
				harassment.
1. An employee of the
				institution conditions the provision of an aid, benefit, or service of the
				institution directly or indirectly on an individual's participation in
				unwelcome sexual conduct; or
2. An
				employee of the institution either, explicitly or implicitly, conditions the
				provision of an academic, professional, or employment-related opportunity, aid,
				benefit, or service on an individual's participation in unwelcome sexual
				conduct.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.02 - Responsibility for charges

Current through June 24, 2024
(1) Whenever the
				chancellor of an institution within the University of Wisconsin system receives
				a complaint against a faculty member which the chancellor deems substantial and
				which, if true, might lead to dismissal under s.
				UWS 4.01, the
				chancellor, or designee, shall within a reasonable time initiate an
				investigation and shall, prior to reaching a decision on filing charges, offer
				to discuss the matter informally with the faculty member. For complaints of
				sexual harassment, sexual assault, dating violence, domestic violence, sexual
				exploitation, or stalking, the chancellor, or designee, shall appoint the Title
				IX Coordinator, or designee, to initiate an investigation in accordance with
				applicable policies. The chancellor, or designee, shall also offer to discuss
				the matter informally with the complainant, and provide information regarding
				rights under this chapter. Both the faculty member and the complainant shall
				have the right to be accompanied by an advisor of their choice at any meeting
				or proceeding that is part of the institutional disciplinary process. A faculty
				member may be dismissed only after receipt of a written statement of specific
				charges from the chancellor as the chief administrative officer of the
				institution and, if a hearing is requested by the faculty member, in accordance
				with the provisions of this chapter. If the faculty member does not request a
				hearing, action shall proceed along normal administrative lines but the
				provisions of ss. UWS 4.02, 4.09, and 4.10 shall still apply.
(2) Any formal statement of specific charges
				for dismissal sent to a faculty member shall be accompanied by a statement of
				the appeal procedures available to the faculty member.
(3) The statement of charges shall be served
				personally, by electronic means, or by certified mail, return receipt
				requested. If such service cannot be made within 20 days, service shall be
				accomplished by first class mail and by publication as if the statement of
				charges were a summons and the provisions of s.
				801.11(1)
				(c), Stats., were applicable. Such service by
				mailing and publication shall be effective as of the first insertion of the
				notice of statement of charges in the newspaper. If the statement of charges
				includes sexual harassment, sexual assault, dating violence, domestic violence,
				sexual exploitation, or stalking, the statement shall be provided to the
				complainant upon request, except as may be precluded by applicable state or
				federal law.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.03 - Standing faculty committee

Current through June 24, 2024
The faculty of each institution shall provide a standing
				  committee charged with hearing dismissal cases and making recommendations under
				  this chapter. This standing faculty committee shall operate as the hearing
				  agent for the board pursuant to s.
				  227.46(4),
				  Stats., and conduct the hearing, make a verbatim record of the hearing, prepare
				  a summary of the evidence and transmit such record and summary along with its
				  recommended findings of law and decision to the board according to s.
				  UWS
				  4.07.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.04 - Hearing

Current through June 24, 2024
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 enlarged by mutual written consent
				  of the parties, or by order of the hearing committee. The request for a hearing
				  shall be addressed in writing to the chairperson of the standing faculty
				  committee created under s.
				  UWS
				  4.03.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.05 - Adequate due process

Current through June 24, 2024
(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 witnesses and of access to documentary evidence upon the basis of which
				dismissal is sought;
(c) A right to
				be heard in the faculty member's defense;
(d) A right to an advisor, counsel, or other
				representatives, and to offer witnesses;
(e) A right to confront and cross-examine
				adverse witnesses. If the complaint involves sexual harassment, sexual assault,
				dating violence, domestic violence, sexual exploitation, or stalking, the
				hearing committee may reasonably restrict the faculty member or the complainant
				from questioning each other;
(f) A
				verbatim record of all hearings, which might be a sound recording, provided at
				no cost;
(g) Written findings of
				fact and decision based on the hearing record;
(h) Admissibility of evidence governed by s.
				227.45(1) to
				(4), Stats.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.07 - Recommendations to the chancellor and the regents

Current through June 24, 2024
(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, findings, and
				recommendations. The committee may determine that while adequate cause for
				discipline exists, some sanction less severe than dismissal is more
				appropriate. Within 20 days after receipt of this material the chancellor shall
				review it and afford the faculty member an opportunity to discuss it. The
				chancellor shall prepare a written recommendation within 20 days following the
				meeting with the faculty member, unless the chancellor's proposed
				recommendation differs substantially from that of the committee. If the
				chancellor's proposed recommendations differ substantially from those of the
				faculty hearing committee, the chancellor shall promptly consult the faculty
				hearing committee and provide the committee with a reasonable opportunity for a
				written response prior to forwarding the recommendation. If the recommendation
				is for dismissal, the recommendation shall be submitted through the president
				of the system to the board. A copy of the faculty hearing committee's report
				and recommendations shall be forwarded through the president of the system to
				the board along with the chancellor's recommendation. A copy of the
				chancellor's recommendation shall also be sent to the faculty member concerned
				and to the faculty committee. For complaints involving sexual harassment,
				sexual assault, dating violence, domestic violence, sexual exploitation, or
				stalking, the complainant shall have all rights provided to the faculty member
				in this paragraph, including the right to receive a copy of the chancellor's
				recommendation, except as may be precluded by applicable state or federal
				law.
(2) Disciplinary action other
				than dismissal may be taken by the chancellor, after affording the faculty
				member an opportunity to be heard on the record, except that, upon written
				request by the faculty member, such action shall be submitted as a
				recommendation through the president to the board together with a copy of the
				faculty hearing committee's report and recommendation. For complaints involving
				sexual harassment, sexual assault, dating violence, domestic violence, sexual
				exploitation, or stalking, the complainant shall have all the rights provided
				to the faculty member in this paragraph.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.08 - Board review

Current through June 24, 2024
(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 the board
				decides to drop the charges against the faculty member without a hearing or the
				faculty member elects to waive a hearing. This hearing shall be closed unless
				the faculty member requests an open hearing (see subch. V of ch. 19, Stats.,
				Open Meetings of Governmental Bodies). For complaints involving sexual
				harassment, sexual assault, dating violence, domestic violence, sexual
				exploitation, or stalking, the complainant shall have the same opportunity for
				filing exceptions to the recommendations of the hearing committee or
				chancellor, and for oral arguments, as the faculty member.
(2) If, after the hearing, the board decides
				to take action different from the recommendation of the faculty hearing
				committee and/or the chancellor, then before taking final action the board
				shall consult with the faculty hearing committee and/or the chancellor, as
				appropriate.
(3) If a faculty
				member whose dismissal is sought does not request a hearing pursuant to s.
				UWS 4.04 the board shall
				take appropriate action upon receipt of the statement of charges and the
				recommendation of the chancellor.
(4) For complaints involving sexual
				harassment, sexual assault, dating violence, domestic violence, sexual
				exploitation, or stalking, the faculty member and complainant shall be
				simultaneously notified of the board's final decision.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.09 - Suspension from duties

Current through June 24, 2024
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 faculty member is continued in the faculty
				  member's position, the faculty member may be relieved immediately of the
				  faculty member's duties, but the faculty member's pay shall continue until the
				  board makes its decision as to dismissal, unless the chancellor also makes the
				  determinations set forth in s.
				  UWS
				  7.06(1) in which case the suspension
				  from duties may be without pay and the procedures set forth in s.
				  UWS
				  7.06 shall apply.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.10 - Date of dismissal

Current through June 24, 2024
A decision by the board ordering dismissal shall specify the
				  effective date of the dismissal.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.11 - Subchapter III definitions

Current through June 24, 2024
In this subchapter:
(1) "Complainant" means any individual who is
				alleged to be the subject of Title IX misconduct, as defined in this
				section.
(2) "Education program or
				activity" means, for purposes of Title IX misconduct only, locations, events,
				or circumstances at which the university exercised substantial control over
				both the faculty member and the context in which the sexual harassment
				occurred, and also includes any building owned or controlled by a student
				organization that is officially recognized by the university.
(3) "Formal Title IX complaint" means, for
				the purposes of a Title IX misconduct only, a document filed by a complainant
				or signed by the Title IX Coordinator alleging sexual harassment, sexual
				assault, dating violence, domestic violence, or stalking against a faculty
				member and requesting that the university investigate the allegations. At the
				time of filing of the formal Title IX complaint, the complainant must be
				participating in or attempting to participate in an educational program or
				activity. A formal Title IX complaint may be filed in person, by mail, or
				electronic mail, or any other method designated by the university. A formal
				Title IX complaint shall include a physical or digital signature of the
				complainant or the Title IX Coordinator.
(4) "Respondent" means an individual who has
				been reported to be the perpetrator of Title IX misconduct as defined in this
				section.
(5) "Sexual harassment"
				means conduct on the basis of sex that satisfies one or more of the following:
(a) An employee of the institution conditions
				the provisions of an aid, benefit, or service of the institution directly or
				indirectly on an individual's participation in unwelcome sexual
				conduct.
(b) Unwelcome conduct of a
				sexual nature directed toward a student, an employee, or a person participating
				in a program or activity of the university that, when using the legal
				"reasonable person" standard, the conduct is so severe, pervasive, and
				objectively offensive that it effectively denies the person equal access to the
				institution's education program or activity.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.12 - Dismissal for cause or lesser discipline for Title IX misconduct

Current through June 24, 2024
(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 shall follow the disciplinary procedure in ss. UWS 4.11 to 4.24. The
				board may dismiss a faculty member having tenure only for just cause and may
				otherwise discipline a faculty member having tenure only after due notice and
				hearing. The board may dismiss a faculty member having a probationary
				appointment prior to the end of the faculty member's term of appointment only
				for just cause and may otherwise discipline the faculty member only after due
				notice and hearing.
(3) A faculty
				member is entitled to enjoy and exercise all the rights and privileges of a
				United States citizen, and the rights and privileges of academic freedom as
				they are generally understood in the academic community. These rights and
				privileges shall be observed in determining whether or not just cause for
				dismissal, or grounds for other discipline, exists.
(4) The faculty member is presumed to be not
				responsible for the alleged Title IX misconduct until a final decision
				regarding responsibility is made at the conclusion of the disciplinary process.
				The burden of proof of the existence of just cause for a dismissal, or of
				grounds for other discipline, is on the university administration.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.13 - Application of Title IX misconduct disciplinary procedure

Current through June 24, 2024
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) The conduct occurred in the United
				States.
(3) The conduct occurred
				within a university's education program or activity.
(4) The complainant must be participating in
				or attempting to participate in the education program or activity of the
				university at the time of filing the complaint.
(5) The complainant or Title IX coordinator
				has submitted a formal Title IX complaint.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.14 - Dismissal of formal Title IX complaint and related appeal

Current through June 24, 2024
(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) The alleged conduct did not occur in a
				university program or activity.
(c)
				The alleged conduct did not involve actions against someone physically located
				in the United States.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.15 - Investigation of Title IX misconduct allegations

Current through June 24, 2024
(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 provide the faculty member and the complainant with a notice
				of investigation. The notice shall include all of the following:
(a) The grievance process, including informal
				resolution options.
(b) The
				allegations of Title IX misconduct with sufficient detail for the faculty
				member to prepare a response to the allegations, including the identity of the
				complainant as well as the date and location of the incident if
				available.
(c) A statement
				affirming the faculty member is presumed not responsible for the alleged
				violation.
(d) The faculty member
				and complainant have the right to an advisor of their choice.
(e) The faculty member and complainant have
				the right to inspect and review the evidence.
(f) Information about any code of conduct
				rules which prohibit the faculty member or the complainant from knowingly
				making false statements or submitting false information during the disciplinary
				process.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.16 - Review of evidence

Current through June 24, 2024
(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 member and the
				complainant. The evidence may be provided in an electronic format or a hard
				copy. The evidence provided includes evidence upon which the university does
				not intend to rely in reaching a determination regarding responsibility, and
				inculpatory or exculpatory evidence, whether obtained from the faculty member,
				complainant or other source, to permit the faculty member and complainant to
				meaningfully respond to the evidence prior to conclusion of the
				investigation.
(2) The faculty
				member and the complainant shall be provided at least 10 days to submit a
				written response to the evidence. The investigator shall consider any written
				responses prior to completion of the final investigative report.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.17 - Final investigative report

Current through June 24, 2024
The investigator shall create a final investigative report
				  that fairly summarizes relevant 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 prior to a hearing. The written report shall be
				  delivered simultaneously to the faculty member and complainant. The university
				  shall, upon receipt of the final investigative report, proceed to schedule a
				  live hearing on the matter. A hearing shall be conducted unless both the
				  faculty member and the complainant waive, in writing, the right to such a
				  hearing.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.18 - Standing faculty committee and hearing examiner

Current through June 24, 2024
(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 pursuant to these policies to
				hear faculty dismissal and discipline cases. Additionally, the faculty of each
				university shall provide a standing hearing committee charged with hearing
				faculty dismissal and discipline cases. The chancellor shall appoint the
				presiding member of the hearing committee, who may be a hearing examiner. The
				university shall decide whether a hearing examiner or a hearing committee will
				hear the matter.
(2) The hearing
				committee or the hearing examiner described in sub. (1) shall conduct the
				hearing, make a verbatim record of the hearing, and transmit such record along
				with factual findings and decision to the chancellor. The hearing shall be held
				not later than 45 days after completion of the final investigative report
				except that this time limit may be extended by the hearing committee or the
				hearing examiner.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.21 - Hearing committee or hearing examiner findings and recommendations to the chancellor

Current through June 24, 2024
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 the hearing, or
				  otherwise as soon as practicable, a verbatim record of the testimony and a copy
				  of its factual findings and recommendations.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.22 - Chancellor's decision

Current through June 24, 2024
(1) Within 20 days after receipt of the
				record and findings and recommendations from the hearing committee or the
				hearing examiner the chancellor shall review those materials and afford the
				faculty member and the complainant an opportunity to discuss them. The
				chancellor's decision shall be based on the record created before the hearing
				committee or the hearing examiner. The chancellor shall prepare a written
				decision within 20 days after completing the meetings with the faculty member
				and the complainant, unless the chancellor's proposed decision differs
				substantially from the recommendations of the hearing committee or hearing
				examiner. If the chancellor's proposed decision differs substantially from
				those recommendations, the chancellor shall promptly consult the hearing
				committee or the hearing examiner and provide the committee or the hearing
				examiner with a reasonable opportunity for a written response prior to making a
				decision.
(2) The chancellor may
				adopt the hearing committee or hearing examiner's findings and recommendations
				as the chancellor's decision. The chancellor shall explain in the decision any
				substantial differences from those findings and recommendations.
(3) The chancellor's decision shall be
				simultaneously sent to the faculty member concerned, the complainant, and to
				the hearing committee or the hearing examiner. The chancellor's decision also
				shall be submitted through the president of the system to the board,
				accompanied by a copy of the hearing committee's or hearing examiner's findings
				and recommendations. The chancellor's decision and the findings and
				recommendations shall be forwarded through the president of the system to the
				board for its review.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.23 - Appeal to board

Current through June 24, 2024
(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 for oral
				arguments. The hearing of any oral arguments shall be closed unless the faculty
				member or the complainant requests an open hearing.
Note:
See subch. V of ch. 19, Stats., Open
				  Meetings of Governmental Bodies.
(2) The faculty member or complainant may
				file written exceptions to the chancellor's decision, and the board shall
				conduct its review of the chancellor's decision, on any of the following bases:
(a) Procedural irregularity that affected the
				outcome of the matter.
(b) New
				evidence that was not reasonably available at the time of the live hearing that
				could affect the outcome of the matter.
(c) Conflict of interest or bias for or
				against the faculty member or complainant, or against complainants and
				respondents generally, by the Title IX coordinator, investigator, the
				chancellor, the hearing examiner, or the hearing committee members that
				affected the outcome.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.24 - Suspension from duties

Current through June 24, 2024
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 result if the faculty member is
				  continued in the faculty member's position, the faculty member may be relieved
				  immediately of the faculty member's duties, but the faculty member's pay shall
				  continue until a final decision as to dismissal, unless the chancellor also
				  makes the determinations set forth in s.
				  UWS
				  7.06 in which case the suspension from duties may be
				  without pay and the procedures set forth in s.
				  UWS
				  7.06 shall apply.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 5 - Layoff And Termination For Reasons Of Financial Emergency › Section UWS 5.01 - General

Current through June 24, 2024
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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 5 - Layoff And Termination For Reasons Of Financial Emergency › Section UWS 5.02 - Financial emergency

Current through June 24, 2024
(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:
(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;
(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
(c) The procedures described in ss.
			 UWS 5.05 and have
			 been 5.06 followed.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 5 - Layoff And Termination For Reasons Of Financial Emergency › Section UWS 5.03 - Layoff and termination

Current through June 24, 2024
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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 5 - Layoff And Termination For Reasons Of Financial Emergency › Section UWS 5.04 - Faculty consultative committee

Current through June 24, 2024
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 are
				followed 5.06.