reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 10 - Academic staff appointments › Section UWS 10.04 - Nonrenewal of probationary academic staff appointments

Current through June 24, 2024
(1) Each
			 institution shall establish procedures for dealing with instances where
			 probationary academic staff are not renewed. Nonrenewal is not a dismissal
			 under ch. UWS 11. A nonrenewed member of the academic staff shall be provided
			 with an opportunity to request and to receive, in writing, the reasons for
			 nonrenewal and to receive a review of the decision upon written appeal by the
			 academic staff member concerned within 20 days of notice of nonrenewal (25 days
			 if notice is by first class mail and publication). The hearing body may be
			 either an appropriate committee or a hearing examiner as designated in the
			 institutional procedures. Such review shall be held not 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 hearing body. The burden of
			 persuasion in such a review shall be on the nonrenewed appointee 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
			 actions which are consistent with an appropriate professional code of
			 ethics;
(b) Employment practices
			 proscribed by applicable state or federal law; 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
			 staff member in question if material prejudice resulted because of any of the
			 following:
1. The procedures required by the
			 chancellor 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 10 - Academic staff appointments › Section UWS 10.05 - Notice

Current through June 24, 2024
(1)
			 Written notice that a fixed term or probationary academic staff appointment
			 will not be renewed shall be given to the appointee in advance of the
			 expiration of the appointment as follows:
(a)
			 Fixed term appointments: At least 3 months before the end of the appointment in
			 the first 2 years and 6 months thereafter. When the letter of offer for a fixed
			 term appointment states that renewal is not intended, no further notice of
			 nonrenewal is required.
(b)
			 Probationary appointments: At least 3 months before the end of the appointment
			 in the first year; 6 months before the end of the appointment in the second
			 year; and 12 months thereafter.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter I - General › Section UWS 11.01 - Dismissal for cause-indefinite academic staff appointments

Current through June 24, 2024
(1) A member of the
				academic staff holding an indefinite appointment may be dismissed only for just
				cause under ss.
				UWS
				11.02 to 11.10 and 11.29 to 11.33 or for reasons of
				budget or program under ch. UWS 12.
(2) The board's policy is that members of the
				academic staff are entitled to enjoy and exercise all rights of United States
				citizens and to perform their duties in accordance with appropriate
				professional codes of ethics. 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) Just cause for dismissal includes, but is
				not limited to, serious criminal misconduct, as defined in s. UWS
				11.29.
(4) Indefinite appointment
				academic staff 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.
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 11.016 - Subchapter II definitions

Current through June 24, 2024
(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.
(2) "Sexual harassment" means conduct on the
				basis of sex that satisfies one or more 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.
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 11 - Dismissal Of Academic Staff For Cause › Subchapter II - Procedures for Academic Staff Dismissal in Non-Title IX Cases › Section UWS 11.03 - Hearing body

Current through June 24, 2024
(1) The chancellor of each institution shall
				provide for a hearing body charged with hearing dismissal cases and making a
				report and recommendations under this chapter. Throughout this chapter, the
				term "hearing body" is used to indicate either a hearing committee or a hearing
				examiner as designated in the institutional procedures. This hearing body shall
				operate as the hearing agent for the chancellor 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 fact and decision to the chancellor according to s.
				UWS
				11.07.
(2)
				With the concurrence of the faculty and the academic staff advisory committee
				of each institution, the chancellor may provide that dismissal for cause of a
				member of the academic staff having teaching responsibilities may be heard by
				the hearing body specified in s.
				UWS
				4.03. If so provided, the hearing shall be held
				pursuant to the provisions of ch. UWS 11.
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 11.04 - Hearing

Current through June 24, 2024
If the staff member requests a hearing within 20 days from
				  the service of the statement of charges (25 days if notice is by first class
				  mail and publication), such hearing shall be held not 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 hearing body. The request for a hearing shall be
				  addressed in writing to the hearing body established pursuant to s.
				  UWS 11.03. Service
				  of written notice of hearing on the specific charges shall be provided at least
				  10 days prior to the hearing.
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 11.05 - Adequate due process

Current through June 24, 2024
(1) Each institution shall develop policies
				and procedures to provide for a fair hearing upon request in the event of
				dismissal. A fair hearing for an academic staff member whose dismissal is
				sought under s.
				UWS
				11.01 shall include all of the following:
(a) A right to the names of witnesses and of
				access to documentary evidence upon the basis of which dismissal is
				sought.
(b) A right to be heard in
				the academic staff member's defense.
(c) A right to an advisor, counsel, or other
				representative, and to offer witnesses.
(d) A right to confront and cross-examine
				adverse witnesses. For complaints involving sexual harassment, sexual assault,
				dating violence, domestic violence, sexual exploitation, or stalking, the
				hearing committee may reasonably restrict the academic staff member and the
				complainant from questioning each other.
(e) A verbatim record of all hearings, which
				might be a sound recording, provided at no cost.
(f) Written findings of fact and decision
				based on the hearing record.
(g)
				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 11 - Dismissal Of Academic Staff For Cause › Subchapter II - Procedures for Academic Staff Dismissal in Non-Title IX Cases › Section UWS 11.06 - Procedural guarantees

Current through June 24, 2024
(1) The following requirements shall also be
				observed:
(a) Any person who participated in
				the investigation of allegations leading to the filing of a statement of
				charges, or in the filing of a statement of charges, or who is a material
				witness shall not be qualified to participate as a member of the hearing
				body.
(b) The hearing shall be
				closed unless the staff member under charges requests an open hearing, in which
				case it shall be open (see subch. V of ch. 19, Stats., Open Meetings of
				Governmental Bodies).
(c) The
				hearing body shall not be bound by common law or statutory rules of evidence
				and may admit evidence having reasonable probative value but shall exclude
				immaterial, irrelevant, or unduly repetitious testimony, and shall give effect
				to recognized legal privileges.
(d)
				The burden of proof of the existence of just cause is on the administration or
				its representatives.
(dm) For
				complaints of sexual harassment, sexual assault, dating violence, domestic
				violence, sexual exploitation, or stalking, the standard of proof shall be a
				preponderance of the evidence.
(e)
				If a staff member whose dismissal is sought has requested a hearing,
				discontinuance of the proceeding by the institution is deemed a withdrawal of
				charges and a finding that the charges were without merit.
(f) Nothing in this section shall prevent the
				settlement of cases by mutual agreement between the administration and the
				staff member, with the chancellor's approval, at any time prior to a final
				decision by the chancellor; or when appropriate, with the board's approval
				prior to a final decision by the board.
(g) Adjournments shall be granted to enable
				either party to investigate evidence as to which a valid claim of surprise is
				made.
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 11.07 - Recommendations: to the chancellor

Current through June 24, 2024
The hearing body shall send to the chancellor and to the
				  academic staff member concerned, as soon as practicable after conclusion of a
				  hearing, a verbatim record of the testimony and a copy of its report, findings,
				  and recommendations. After reviewing the matter on record and considering
				  arguments if submitted by the parties, the chancellor shall issue a decision.
				  In that decision, the chancellor may order dismissal of the academic staff
				  member, may impose a lesser disciplinary action, or may find in favor of the
				  academic staff member. The academic staff member shall be notified of the
				  chancellor's decision in writing. In cases involving sexual assault, dating
				  violence, domestic violence, sexual exploitation, or stalking, the complainant
				  shall be notified of the chancellor's decision at the same time as the academic
				  staff member. This decision shall be deemed final unless the board, upon
				  request of the academic staff member, grants review based on the record. For
				  complaints involving sexual harassment, sexual assault, dating violence,
				  domestic violence, sexual exploitation, or stalking, the complainant shall have
				  all rights provided to the academic staff member in this
				  section.
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 11.08 - Suspension from duties

Current through June 24, 2024
Pending the final decision as to dismissal, the academic
				  staff member with an indefinite appointment shall not be relieved of duties,
				  except where, after consulting with the appropriate administrative officer, the
				  chancellor finds that substantial harm may result if the staff member is
				  continued in the staff member's position. Where such determination is made, the
				  staff member may be relieved of the staff member's position immediately, or be
				  assigned to another administrative unit, but the staff member's salary shall
				  continue until the chancellor makes a decision as to dismissal, unless the
				  chancellor also makes the determinations set forth in s. UWS 11.32(1) in which
				  case the suspension from duties may be without pay and the procedures set forth
				  in s. UWS 11.32 shall apply.
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 11.09 - Date of dismissal

Current through June 24, 2024
A decision by the chancellor ordering dismissal shall specify
				  the effective date of the dismissal.
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 11.10 - Board review

Current through June 24, 2024
A member of the academic staff on indefinite appointment who
				  has been dismissed for cause by the chancellor following a hearing may appeal
				  this action to the board. Any appeal must be made within 30 days of the date of
				  the decision of the chancellor to dismiss. Upon receiving an appeal the board
				  shall review the case on the record. Following such review the board may
				  confirm the chancellor's decision, or direct a different decision, or approve a
				  further hearing before the board with an opportunity for filing exceptions to
				  the hearing body's recommendations or the chancellor's decision and for oral
				  argument on the record. If further review with opportunity for oral argument on
				  the record is provided, this review shall be closed unless the staff member
				  requests an open hearing. (See subch. V of ch. 19, Stats., Open Meetings of
				  Governmental Bodies.) All decisions of the board, whether after review on the
				  record or after oral argument, shall be expressed in writing and shall indicate
				  the basis for such decision. For complaints involving sexual harassment, sexual
				  assault, dating violence, domestic violence, sexual exploitation, or stalking,
				  the complainant shall have the same opportunity to appeal, file exceptions to
				  the recommendations of the hearing committee or chancellor, and oral arguments,
				  as provided to the academic staff member.
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 11.12 - Dismissal for cause-teaching members of the academic staff

Current through June 24, 2024
The policies and procedures of each institution may provide
				  that dismissal for cause of a member of the academic staff having teaching
				  responsibilities and holding a probationary appointment or a fixed term
				  appointment may proceed under ss.
				  UWS
				  11.02 to 11.10. If the institutional policies and
				  procedures do not specifically make such provisions, dismissal for cause shall
				  be made pursuant to s.
				  UWS
				  11.11. 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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.13 - 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 over which the university exercised substantial control over
				both the respondent and the context in which the relevant misconduct occurs,
				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 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 an academic staff
				member and requesting that the institution 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 complaint may be filed in person, by mail, by 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 any of the following:
(a) 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.
(b) Unwelcome conduct of a
				sexual nature directed towards 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
				objectionably 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 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.14 - Dismissal for cause or lesser discipline for Title IX misconduct

Current through June 24, 2024
(1) An academic
				staff member may be dismissed for cause, or subject to lesser discipline, for
				Title IX misconduct as the term is defined in s. UWS 11.13.
(2) Title IX misconduct allegations against
				academic staff shall follow the disciplinary procedure in ss. UWS 11.13 to
				11.26. An academic staff member may be dismissed only for just cause and may
				otherwise be disciplined only after due notice and hearing.
(3) The board's policy is that members of the
				academic staff are entitled to enjoy and exercise all rights of United States
				citizens and to perform their duties in accordance with appropriate
				professional codes of ethics. This policy shall be observed in determining
				whether or not just cause for dismissal, or grounds for other discipline,
				exists. The burden of proof of the existence of just cause for a dismissal, or
				grounds for other discipline, is on the administration.
(4) The academic staff 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.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.15 - 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 the university's education programs or activities.
(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 formal Title IX complaint.
(5) The complainant or Title IX Coordinator
				have submitted a written formal Title IX complaint.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.16 - Dismissal of formal Title IX complaint and related appeal

Current through June 24, 2024
(1) The university
				shall dismiss formal Title IX complaints 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 education 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 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.17 - Investigation of Title IX misconduct allegations

Current through June 24, 2024
(1) Unless the
				university dismisses a formal complaint, the university shall appoint an
				investigator to conduct an investigation of the allegations in the formal
				complaint.
(2) The investigator
				shall provide the academic staff 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 academic
				staff 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 academic staff member is presumed not responsible for the alleged
				violation until the disciplinary process finds otherwise.
(d) The academic staff member and complainant
				have the right to an advisor of their choice.
(e) The academic staff member and complainant
				have the right to inspect and review the evidence.
(f) Information about any code of conduct
				rules which prohibit the academic staff 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 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.18 - Review of evidence

Current through June 24, 2024
(1) Prior to completion of the final
				investigative report, the investigator shall send to the academic staff member
				and complainant and their respective advisors, if any, the evidence gathered
				during the investigation for inspection and review by the academic staff 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 academic
				staff member, complainant or other source to permit the academic staff member
				and complainant to meaningfully respond to the evidence prior to conclusion of
				the investigation.
(2) The academic
				staff member and the complainant shall have 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 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.19 - 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 academic
				  staff 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 academic staff member and complainant at least
				  10 days prior to a hearing. 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 the academic staff member and the complainant
				  both waive, in writing, the right to such a hearing.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.20 - Standing academic staff committee and hearing examiner

Current through June 24, 2024
(1) The chancellor
				of each university, in consultation with academic staff representatives, shall
				adopt policies providing for the designation of a Title IX misconduct hearing
				examiner. The chancellor shall select hearing examiners pursuant to these
				policies to hear academic staff dismissal and discipline cases. Additionally,
				the academic staff of each university shall provide a standing hearing
				committee charged with hearing academic staff dismissal and discipline cases.
				The chancellor shall appoint the presiding member of the hearing committee, who
				may be a hearing examiner. The academic staff member shall have the right to
				decide whether a hearing examiner or a hearing committee will hear the matter.
Note:
The last sentence of sub. (1) should read
				  "the university", not "the academic staff member." The intent was for the
				  university to make this decision. This will be corrected in future
				  rulemaking.
(2) The hearing
				committee or the hearing examiner 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 no 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 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.23 - 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 academic
				  staff 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 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.24 - Chancellor's decision

Current through June 24, 2024
(1) After reviewing the matter on record and
				considering any arguments submitted by the parties, the chancellor shall issue
				a decision. 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. 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. In that decision, the chancellor may order dismissal of the
				academic staff member, may impose a lesser disciplinary action, or may find in
				favor of the academic staff member. The academic staff member shall be notified
				of the chancellor's decision in writing. The complainant shall be notified of
				the chancellor's decision at the same time as the academic staff member. This
				decision shall be deemed final unless the board, upon request of the academic
				staff member or complainant, grants review based on the record.
(2) The chancellor's decision shall be based
				on the record created before the hearing committee or hearing examiner, and the
				chancellor shall include the chancellor's rationale in the decision. The
				chancellor's decision shall be simultaneously sent to the academic staff member
				concerned, the complainant, and to the hearing committee or the hearing
				examiner within 45 days of the chancellor's receipt of the hearing committee's
				or hearing examiner's materials. A decision by the chancellor ordering
				dismissal shall specify the effective date of the dismissal.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.25 - Appeal to the board

Current through June 24, 2024
(1) The academic staff member or complainant
				may file an appeal of the chancellor's decision to the board. Any appeal must
				be made within 30 days of the date of the decision of the chancellor to
				dismiss. The board shall provide the academic staff member and complainant an
				opportunity for filing written exceptions to the chancellor's decision, and for
				oral arguments, unless the academic staff 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 academic staff member or the
				complainant requests an open hearing.
Note:
See subch. V of ch. 19, Stats., Open
				  Meetings of Governmental Bodies.
(2) The academic staff member or complainant
				may file 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 academic staff 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 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.26 - Suspension from duties in Title IX misconduct dismissal cases

Current through June 24, 2024
Pending the final decision as to dismissal, an academic
				  staff member with an indefinite appointment may not be relieved of duties,
				  except where, after consulting with the appropriate administrative officer, the
				  chancellor finds that substantial harm may result if the staff member is
				  continued in the staff member's position. Where such determination is made, the
				  staff member may be relieved of the staff member's position immediately, or be
				  assigned to another administrative unit, but the staff member's salary shall
				  continue until the chancellor makes a decision as to dismissal, unless the
				  chancellor also makes the determinations set forth in s. UWS 11.32(1) in which
				  case the suspension from duties may be without pay and the procedures set forth
				  in s. UWS 11.32 shall apply.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter IV - Procedures for Dismissal for Cause in Special Cases - Indefinite Academic Staff Appointments › Section UWS 11.27 - Subchapter IV definition

Current through June 24, 2024
In this subchapter, "affected party" means any student,
				  employee, visitor, or an individual participating in a university program or
				  activity, who is a victim of an academic staff member's serious criminal
				  misconduct.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter IV - Procedures for Dismissal for Cause in Special Cases - Indefinite Academic Staff Appointments › Section UWS 11.28 - Dismissal for cause in special cases - indefinite academic staff appointments

Current through June 24, 2024
A member of the academic staff holding an indefinite
				  appointment may be dismissed for serious criminal misconduct, as defined in s.
				  UWS 11.29.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter IV - Procedures for Dismissal for Cause in Special Cases - Indefinite Academic Staff Appointments › Section UWS 11.29 - Serious criminal misconduct

Current through June 24, 2024
(1) In this
				chapter, "serious criminal misconduct" means:
(a) Pleading guilty or no contest to, or
				being convicted of a felony, in state or federal court, where one or more of
				the conditions in par. (b), (c), (d), or (e) are present, and the felony
				involves any of the following:
1. Causing
				serious physical injury to another person.
2. Creating a serious danger to the personal
				safety of another person.
3. Sexual
				assault.
4. Theft, fraud or
				embezzlement.
5. Criminal damage to
				property.
6. Stalking or
				harassment.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter IV - Procedures for Dismissal for Cause in Special Cases - Indefinite Academic Staff Appointments › Section UWS 11.30 - Reporting responsibility

Current through June 24, 2024
Any academic staff member who is charged with, pleads guilty
				  or no contest to, or is convicted of a felony of a type listed in s. UWS
				  11.29(1) (a), in state or federal court, shall immediately report that fact to
				  the chancellor.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter IV - Procedures for Dismissal for Cause in Special Cases - Indefinite Academic Staff Appointments › Section UWS 11.31 - Expedited process

Current through June 24, 2024
(1) Whenever the chancellor of an institution
				within the University of Wisconsin System receives a report under s. UWS 11.30
				or other credible information that an academic staff member holding an
				indefinite appointment has pleaded guilty or no contest to, or has been
				convicted of a felony of a type listed in s. UWS 11.29(1) (a), in state or
				federal court, the chancellor shall:
(a)
				Within 3 working days of receipt of the report or information, inform the
				academic staff member of its receipt and, after consulting with appropriate
				institutional governance representatives, appoint an investigator to
				investigate the report or information and advise the chancellor as to whether
				to proceed under this section or ss.
				UWS
				11.02 to 11.10 or ss. UWS 11.13 to 11.26. If the
				university knows the identity of an affected party, the university shall make a
				reasonable attempt to notify the affected party of the report or information at
				the same time as the academic staff member.
(b) Upon appointing an investigator and
				notifying the academic staff member, afford the academic staff member 3 working
				days in which to request that the investigator be disqualified on grounds of
				lack of impartiality or other cause. In the event that the chancellor
				determines that a request for disqualification should be granted, the
				chancellor shall, within 2 working days of the determination, appoint a
				different investigator. The academic staff member shall have the opportunity to
				request that any second or subsequent investigators be disqualified on grounds
				of lack of impartiality or other cause.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter IV - Procedures for Dismissal for Cause in Special Cases - Indefinite Academic Staff Appointments › Section UWS 11.32 - Temporary suspension from duties without pay

Current through June 24, 2024
(1) The chancellor,
				after consulting with appropriate academic staff governance representatives,
				may suspend an academic staff member holding an indefinite appointment from
				duties without pay pending the final decision as to dismissal where:
(a) The academic staff member has been
				charged with a felony of a type listed in s. UWS 11.29(1) (a) and the
				chancellor, after following the provisions of s. UWS 11.31(1) to (3), finds, in
				addition, that there is a substantial likelihood 1) that one or more of the
				conditions listed in s. UWS 11.29(1) (b) to (e) are present, and 2) that the
				academic staff member has engaged in the conduct as alleged; or
(b) The academic staff member is unable to
				report for work due to incarceration, conditions of bail or similar cause;
				or
(c) The academic staff member
				has pleaded guilty or no contest to or been convicted of a felony of the type
				listed in s. UWS 11.29(1) (a) and one or more of the conditions in s. UWS
				11.29(1) (b) to (e) are present.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter IV - Procedures for Dismissal for Cause in Special Cases - Indefinite Academic Staff Appointments › Section UWS 11.33 - Board review

Current through June 24, 2024
A member of the academic staff on an indefinite appointment
				  who has been dismissed for serious criminal misconduct may appeal this action
				  to the board as provided in s.
				  UWS 11.10. If the
				  university knows the identity of an affected party, the board shall make a
				  reasonable attempt to notify the affected party of its decision at the same
				  time as the academic staff member.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 12 - Layoff Of Academic Staff For Reasons Of Budget Or Program › Section UWS 12.01 - General

Current through June 24, 2024
Notwithstanding s.
				36.15,
				Stats., and chs. UWS 10 and
				11, the chancellor of each
				institution or designee may layoff a member of the academic staff holding an
				indefinite appointment, or may layoff a member of the academic staff holding
				either a fixed term or a probationary appointment prior to the end of the
				appointment period, when such action is deemed necessary due to budget or
				program decision requiring program discontinuance, curtailment, modification,
				or redirection. Consistent with the limitation of academic staff appointments
				to an operational area, each institution shall establish policies and
				procedures which will ensure careful consideration of layoff decisions for
				reasons of budget or program. The institutional policies and procedures should
				recognize the constraints imposed on institutional response to an unanticipated
				cancellation of a contract or grant or to an unanticipated decline in an income
				account supporting a particular activity. The institution should take such
				constraints into account in designing the nature and timing of the consultation
				appropriate to such circumstances. The institution's policies and procedures
				may provide as needed the alternative forms of consultation appropriate to
				differences in the sources of funds for various programs or activities, or
				differences in the timing of information concerning a decline in resources for
				particular programs or activities. Program decisions made pursuant to a change
				in the level of resources available for a particular project shall be discussed
				by the chancellor or designee with such committee, committees, or committee
				representatives as may be specified by institutional policies and procedures as
				appropriate for such purposes. Decisions affecting individuals shall be
				communicated to the affected persons by the chancellor or designee together
				with a description of the change in available resources which has required the
				layoff decision. Nonrenewal of a probationary academic staff appointment under
				s.
				UWS
				10.04, or a fixed term appointment, even if for
				financial reasons, is not a layoff for reasons of program or
				budget.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 12 - Layoff Of Academic Staff For Reasons Of Budget Or Program › Section UWS 12.02 - Layoff

Current through June 24, 2024
For the purpose of this chapter, "layoff" is the suspension of
				an academic staff member's employment by the University of Wisconsin System
				during the appointment period, for reasons of budget or program. A laid-off
				academic staff member retains the rights specified in ss.
				UWS 12.07 through
				12.11, inclusive. For the purposes of
				s.
				36.21,
				Stats., termination occurs at the time of layoff.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 12 - Layoff Of Academic Staff For Reasons Of Budget Or Program › Section UWS 12.03 - Individual layoff decision

Current through June 24, 2024
When a reduction in program of a particular operational area is
				required, layoffs of academic staff members with indefinite, fixed term, or
				probationary appointments should normally follow seniority. This presumption in
				favor of seniority may be overcome where program needs dictate other
				considerations (e.g., the need to maintain specific expertise within the
				program or operational area). The standard notice periods specified in s.
				UWS 10.05 should be used,
				unless there are compelling reasons to the contrary (e.g., almost immediate
				cutoff of funds), for layoff of probationary and fixed term appointments under
				this chapter. Indefinite appointees shall have 12 months' notice of layoff for
				reasons of budget or program, unless there are compelling reasons to the
				contrary.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 12 - Layoff Of Academic Staff For Reasons Of Budget Or Program › Section UWS 12.04 - Hearing body

Current through June 24, 2024
The chancellor of each institution shall provide for a hearing
				body for the purposes of this chapter. Throughout this chapter the term
				"hearing body" is used to indicate either a hearing committee or a hearing
				examiner as designated in the institutional procedures. This hearing body shall
				operate as the hearing agent for the chancellor 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
				findings of fact and decision to the chancellor.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 12 - Layoff Of Academic Staff For Reasons Of Budget Or Program › Section UWS 12.05 - Review and hearing for indefinite appointments

Current through June 24, 2024
(1) An academic
			 staff member with an indefinite appointment whose position is to be eliminated
			 shall be notified in writing and shall, upon request made within 20 days after
			 such notification, be given a written statement of the reasons for the decision
			 within 15 days, including a statement of the reasons for the determination that
			 the budgetary or program needs should be met by curtailing or discontinuing the
			 program in which the individual concerned works. If the academic staff member
			 requests in writing within 20 days after receipt of said statement, he or she
			 shall be entitled to a hearing before the hearing body. However, such a request
			 for hearing shall not forestall a layoff under this section.
(a) The request for hearing shall specify the
			 grounds to be used in establishing the impropriety of the decision.
(b) The staff member shall be given at least
			 10 days notice of such hearing. Such hearing shall be held not later than 20
			 days after the request except that this time limit may be extended by order of
			 the hearing body. Anyone who participated in the decision to layoff or who is a
			 material witness shall not serve on the hearing body.
Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 12 - Layoff Of Academic Staff For Reasons Of Budget Or Program › Section UWS 12.06 - Review for fixed term and probationary academic staff members

Current through June 24, 2024
Each institution shall establish procedures for an impartial
				review of the layoffs for reasons of budget or program of academic staff
				members with fixed term and probationary appointments. Nonrenewal is not a
				layoff under this section.