Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter II - Procedures for Academic Staff Dismissal in Non-Title IX Cases › Section UWS 11.11 - Dismissal for cause-fixed term or probationary academic staff appointments

Current through June 24, 2024
A member of the academic staff holding a probationary
				  appointment, or a member of the academic staff holding a fixed term appointment
				  and having completed an initial specified period of time, may be dismissed
				  prior to the end of the contract term only for just cause or for reasons of
				  budget or program under ch. UWS 12. A nonrenewal of such an appointment is not
				  a dismissal under this section. A dismissal shall not become effective until
				  the individual concerned has received a written notification of specific
				  charges and has been offered an opportunity for a hearing before the
				  appropriate dean or director or designee. If such hearing is requested, a
				  determination of just cause and notification of dismissal shall be made by the
				  dean or director or designee. If no hearing is requested the dismissal is
				  effected by the specifications in the original notification of charges. The
				  hearing before the dean, director, or designee shall provide the academic staff
				  member with an opportunity to present evidence and argument concerning the
				  allegations. Dismissal shall be effective immediately on receipt of written
				  notification of the decision of the dean or director or designee unless a
				  different dismissal date is specified by the dean or director. Dismissals for
				  cause shall be appealable by filing an appeal with the hearing body established
				  under s.
				  UWS 11.03. The
				  burden of proof as to the existence of just cause on appeal shall be on the
				  administration or the authorized official. The provisions of s.
				  UWS 11.04, procedural
				  guarantees, contained in ss.
				  UWS 11.05
				  and 11.06 and the review provisions of s.
				  UWS
				  11.07, shall be applicable to the appeal proceeding.
				  In no event, however, shall a decision favorable to the appellant extend the
				  term of the original appointment. If a proceeding on appeal is not concluded
				  before the appointment expiration date, the academic staff member concerned may
				  elect that such proceeding be carried to a final decision. Unless such election
				  is made in writing, the proceeding shall be discontinued at the expiration of
				  the appointment. If the chancellor ultimately decides in favor of the
				  appellant, salary lost during the interim period between the effective date of
				  dismissal and the date of the chancellor's decision or the end of the contract
				  period, whichever is earlier, shall be restored. In those cases where the
				  immediate supervisor of the academic staff member concerned is a dean or
				  director, the chancellor shall, to avoid potential prejudice, designate an
				  appropriate administrative officer to act for the dean or director under this
				  section. For complaints involving sexual harassment, sexual assault, dating
				  violence, domestic violence, or stalking, the complainant shall have all
				  procedural rights provided to the academic staff member in this section and the
				  standard of proof shall be by a preponderance of the evidence. Dismissal for
				  cause and lesser discipline based on allegations of Title IX misconduct, as
				  defined in s. UWS 11.13, shall be governed by ss. UWS 11.13 to
				  11.26.