Draft Resolution of the Several Faculties of the University of Wisconsin System

 

Whereas, s. 36.13 (3), Wisconsin Statutes, provides:


RULES.  The board and its several faculties after consultation with appropriate students shall promulgate rules for tenure and probationary appointments, for the review of faculty performance and for the nonretention and dismissal of faculty members.  Such rules shall be promulgated under ch. 227 [Wisconsin Statutes];  and,

 

Whereas, s. 36.13(5), Wisconsin Statutes, provides:

 

PROCEDURAL GUARANTEES.  Any person having tenure may be dismissed only for just cause and only after due notice and hearing.  Any person having a probationary appointment may be dismissed prior to the end of the person’s contract term only for just cause and only after due notice and hearing.  The action and decision of the board in such matters shall be final, subject to judicial review under ch. 227 [Wisconsin Statutes].  The board and its several faculties shall develop procedures for the notice and hearing which shall be promulgated by rule under ch. 227[Wisconsin Statutes];  and,

 

Whereas, the board and the several faculties of the University of Wisconsin System affirm the importance and necessity of working together to develop rules relating to faculty dismissal; and

 

Whereas, the board and the several faculties of the University of Wisconsin System endorse the importance and necessity of rules that will deal effectively with those infrequent cases when faculty members are involved in serious criminal activity that substantially impairs the safety, operation, or integrity of the university; and,

 

Whereas, the board and the several faculties agree that prompt and expedited attention to such cases of serious criminal activity best serves the state, its citizens, the university, the faculty, and the faculty member concerned; and 

 

Whereas, the board and the several faculties believe that in cases involving serious criminal activity the proposed UWS 7 is appropriate in, among other things, specifying just cause for dismissal, ensuring due process, and protecting academic freedom;

 

Therefore, be it resolved that the faculty of the University of Wisconsin-______ joins with the Board of Regents of the University of Wisconsin System to endorse and approve the promulgation of rules in ch. UWS 7, Wisconsin Administrative Code, as proposed by the board at its June 9, 2006 meeting (a copy of the proposed board order follows), and including such non-material amendments as may result through the process under ch. 227, Wisconsin Statutes, (Administrative Procedure and Review).

 

[texts of UWS 7 and UWS 11]