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Academic Staff:
This page is provided to you as a convenient way to view or print all academic staff material at once. If you would prefer
to observe only a specific section of the academic staff information, use the appropriate link under the academic staff heading within Policy/Procedure at the top of this page. Academic Staff Council Bylaws, Affirmative Action, and the Americans with Disabilities Act must be accessed individually and are not included in the following information.

 

ACADEMIC STAFF
EMPLOYMENT POLICIES & PROCEDURES

Academic Year Definition

Preamble: The activities of faculty and academic staff are not organized in terms of a specific number of hours and days in specified locations. Rather, the time devoted to professional activities may vary from week to week or month to month during the course of an academic year. Frequently, faculty and academic staff engage in activity related to university responsibilities outside the academic year. The university activities of faculty and academic staff are subject to institutional policy on teaching loads, advising, etc.; the primary responsibility for monitoring and assuring equity is placed at the departmental and unit level where judgements on retention, promotion, and salary levels are initiated. This pattern of individual activity best sustains the special character and vitality of an academic community.

The policies enunciated herein have been designed to preserve the essential character of the academic community while setting minimum service expectations of faculty and academic staff for the academic year. After the institution has determined its calendar and designated periods for instruction, registration, advising, examination, and other duties assigned by departments and units, and official state holidays have been noted, the time remaining is used by faculty and academic staff for scholarly pursuits and for individual, self-directed activities.

Contract Year Definition:

Unless otherwise specified in individual letters of appointment, the contract year for members of the faculty and academic staff who are employed on an academic year basis (two semesters) covers a period of 39 continuous weeks ordinarily beginning no earlier than one week before the first day of the scheduled registration for the fall term and ending no later than one week after the dated of spring commencement when such commencement follows the last day of scheduled instruction. On those days when the University is officially in session even though classes, examinations, or registrations are not being conducted (e.g., Fall Recess, Thanksgiving Recess, Semester (Christmas) Recess, Spring Recess, and Non-Class Days), faculty and academic staff with academic year appointments are expected to pursue individual, self-directed activities. The dates of such activities may, however, vary from week to week, month to month, and term to term during the course of an academic year. In all cases, such self-directed activities must be scheduled to meet departmental or unit needs and requirements.

(Reference: Academic Planning Statement No. 4, UW System Policy on Academic Year Definition and Assorted Derivatives, Approved by Board of Regents, [Rev. 5/11/84])

Children in the Work Place

Liability and efficiency considerations require that the presence of children at the work place be restricted to occasional visits or emergency situations.

Commencement and Reception

Participation in commencement activities by faculty and academic staff is strongly encouraged because of the dignity and the impressiveness which their presence and participation in the academic procession add to the occasions. To ensure an adequate representation of faculty members at the two commencements, the following policy has been implemented: faculty members are expected to attend one of the two academic year ceremonies. Requests for an excused absence are to be addressed to the appropriate dean.

The reception for graduates and their families is an important event for those honored and the occasion is enhanced by the presence of faculty and academic staff. Attendance is encouraged.

Compensation for Services in Another UW System Institution

Faculty members of the University of Wisconsin System rendering services to another school in the system may under certain conditions be compensated for; (1) actual and necessary travel expense (travel voucher), and (2) additional compensation through the inter-institutional agreement process, Office of Budget Planning and Control. The services reimbursed must be beyond those required of this position and they must be performed without interference to one's normal schedule at one's resident institution.

Emergency and Incident Reporting Procedures

The reporting of emergency conditions and other events which jeopardize the personal and financial assets is centralized in the Protective Services Office. Personnel should immediately call extension 9-9000 or 9-9999 or 5-8000 in all such cases. Employees should also notify other personnel in the area and their supervisor of the condition that creates the health and safety hazard. Examples of such events include, but are not limited to the following list:

1. Emergency conditions may involve personal injuries, fires, explosions, chemical spills, campus disorders,

    demonstrations, weather conditions, bomb threats, work stoppage, sudden illness, or accidents.

2. All conditions which could result in personal injury, illness, or accident.

3. All thefts, property damage and losses or conditions which could result in such incidents.

Please Note: The Office of Student Life is responsible for coordinating matters related to any life-threatening emergency involving a student or the death of a student. This procedure provides for consistent University actions and a centralized communication source for families and survivors. Detailed procedures and follow-up responsibilities are available in the Office of Student life, Room 149 Main Hall.
 

Emeritus Policy, Academic Staff

It shall be the policy of the University of Wisconsin-La Crosse that the Chancellor may designate qualifying members of the academic staff as emeriti. Departments, units, and functional equivalents may nominate qualified members of the academic staff to the Chancellor for designation as emeriti. These nominations shall be forwarded to the appropriate dean or division head for endorsement prior to their submission to the Chancellor. The Chancellor may also initiate nominations for emeritus designation.

Members of the academic staff may be nominated and designated as emeriti only at the time of retirement and must be recognized by their distinguished records of service at the University of Wisconsin-La Crosse. Nomination for and official designation as emeriti is dependent on the following measure of distinguished service:

Those members of the academic staff having a record of 15 or more years of service at the University of Wisconsin-La Crosse, and having attained the age of 55 or more, may be designated as Academic Staff Emeritus. 

On July 20, 2000, the Chancellor approved the following benefits for academic staff emeriti:
* The use of Murphy Library including the interlibrary loan service and the general access computer labs located in that building.
* A lifetime of free parking in university lots.
* The same privileges as current employees for participation in purchases of surplus equipment.
* The same privileges as current employees for placing ads in the Campus Connection.

Emeritus Policy, Faculty

It shall be the policy of the University of Wisconsin-La Crosse that the Chancellor may designate qualifying members of the faculty as emeriti. Departments and their functional equivalents may nominate qualified members of the faculty to the Chancellor for designation as emeriti. These nominations shall be forwarded to the appropriate dean for endorsement prior to their submission to the Chancellor. The Chancellor may also initiate nominations for emeritus designation.

Members of the faculty may be nominated and designated as emeriti only at the time of retirement and must be recognized by their distinguished records of service at institutions of higher education. Nomination for and official designation as emeritus is dependent on the following measures of distinguished service:

1. Those members of the faculty having a record of 25 or more years of service at accredited institutions of higher education, including 10 or more years of service at the University of Wisconsin-La Crosse may be designated by their rank and the title of emeritus. Thus, a faculty member may be designated as Faculty Emeritus with the appropriate rank held at the time of retirement.
2. Those members of the faculty not meeting the criteria under (1) above, having a record of 15 or more years of service at the University of Wisconsin-La Crosse, regardless of rank, and having attained the age of 55 or more, may be designated as Faculty Emeritus.

On March 29, 2000, the Chancellor approved the following benefits for faculty emeriti:
* The use of Murphy Library including the interlibrary loan service and the general access computer labs located in that building.
* A lifetime of free parking in university lots.
* The same privileges as current employees for participation in purchases of surplus equipment.
* The same privileges as current employees for placing ads in the Campus Connection.
 

Employee Assistance Program

In response to the June 12, 1990 Executive Order #94 from the Office of the Governor, the University of Wisconsin-La Crosse established an Employee Assistance Program (EAP) for all staff and faculty who are employed by the University. Currently, the EAP is supported by the Counseling and Testing Center and officially administered by the Office of Human Resources. This arrangement allows the Office of Human Resources to pursue its goals of employee welfare with support of the Counseling and Testing Center staff providing confidential referral and consultation services for employees who are seeking help for personal problems that may be affecting their job performance. The University recognizes that people are the primary resources who carry out the mission of the University community. Therefore, it is in the mutual best interest of the employee, the employee's colleagues and family, and the University to provide referral assistance to any individual who is experiencing problems that may require the assistance of a mental health professional.

University Employees are fortunate to live in a community that offers a variety of health related services. The hospitals and various public and private agencies in the greater La Crosse area offer a very comprehensive range of mental health and alcohol and other drug related services. Most individuals contact family physicians, pastors, colleagues, and/or friends for assistance in identifying appropriate places to get help. Additionally, First Call for Help, 791-4344 or 507-454-2528, is a community referral service that has the most complete and current directory listing of resources in the community. First Call for Help also maintains a 24 hour 7 days a week telephone helping service that provides short-term counseling and crisis intervention.

The campus Coordinator of the University of Wisconsin-La Crosse Employee Assistance Program is Dr. Jennifer B. Wilson, Executive Director for Human Resources. Dr. Jon Hageseth, along with the staff at the Counseling and Testing Center, are available to help refer individuals or families to any of the community resources. Employees are encouraged to call the Counseling and Testing Center at 785-8073 with requests for information or assistance in identifying the appropriate local resources.

Faculty Meeting

Faculty meetings are held as necessary, on call by the Chancellor or Faculty Senate. Attendance at faculty meetings is not compulsory but is urged and expected of all who are free from conflicts with other important University activities. Most faculty business is conducted by the Faculty Senate, a representative group of 24 faculty members: four elected from the College of Liberal Studies, two elected from the College of Science & Allied Health, one elected from the College of Business Administration, one elected from the Non-Department Unit, and 15 elected At-Large. All members of the faculty, and those members of the academic staff with faculty status (See Faculty Bylaw IX), shall be eligible to nominate, vote for, and serve as members of the senate.

(Reference: Faculty Senate, Articles of Faculty Organization, Section IV(B) Membership)

Identities of Applicants for Public Positions

On June 10, 1992, the Governor signed into law the following statute: 19.36(7) Identities of Applicants for Public Positions.

19.36(7)(a) In this section, "final candidate" means each applicant for a position who is seriously considered for appointment or whose name is certified for appointment and whose name is submitted for final consideration to an authority for appointment to any state position, except a position in the classified service, or to any local public office, as defined in s. 19.42(7w). "Final candidate" includes, whenever there are at least 5 candidates for an office or position, each of the 5 candidates who are considered most qualified for the office or position by an authority, and whenever there are less than 5 candidates for an office or position, each such candidate. Whenever an appointment is to be made from a group of more than 5 candidates, "final candidate" also includes each candidate in the group.

19.36(7)(b) Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant.

On the University of Wisconsin-La Crosse campus, this statute has the following impact, effective for all searches beginning on or after July 1, 1992:

1. INITIAL CORRESPONDENCE: Your initial correspondence to candidates/nominees should relay the essence of this policy to them, so that they can return a written request to you if they wish their identity to remain confidential during the search process. All such written requests are to be retained in your search and screen records.

2. IN THE SAME LETTER, you will want to inform them that "final candidates" names will be released. "Final candidates" at UW-L have been determined to be those persons who have been extended an invitation to be interviewed for a position and have accepted the invitation. The acceptance of the invitation, not their actual interview, will define them as final candidates for the purpose of this policy.

Inclement Weather

UW-L's inclement weather plan is invoked in the most serious times when conditions make travel to and from campus dangerously imprudent or other events cause serious safety concerns.

Approved by Chancellor Kuipers on September 4, 1997 based on recommendations from the administrative leadership team and governance groups.

Leaves: Sabbaticals, Faculty Development, And Leave Without Pay

The UW System, working with individual campuses, endeavors to provide opportunities for sabbatical leaves and other faculty development programs. When a faculty member is awarded a sabbatical, the faculty member must agree to return to the University of Wisconsin-La Crosse for at least one academic year of service after the termination of the sabbatical, or repay any compensation (salary, plus the University's share of fringe benefits) received from UW-La Crosse during the sabbatical. The faculty member will earn sick leave at the same rate as was in effect immediately before the sabbatical leave began. Therefore, a faculty member who is absent from work during a sabbatical leave must report sick leave usage. For more information, see Leave Policies & Procedures or consult with the Office of Human Resources.

Current information on sabbaticals is available in each individual college, and faculty development leave programs can be obtained from the Office of the Provost/Vice Chancellor. Unclassified personnel planning any leave would be well advised to consult with the Office of Human Resources early in the planning stage to become acquainted with all possible benefit options and responsibilities. Faculty and staff in the College of Liberal Studies may refer to the college's web site for specific information regarding sabbatical leaves.

Leaving University Service

Departing employees should give at least two weeks advance notice to their supervisors and the Office of Human Resources. Please state the reason(s) why you are leaving and indicate your last date of work at UW-L. You should complete an Exit Checklist, available from your department, unit, or the Office of Human Resources, which will be maintained in the department or unit for one year following your departure from the University. The Office of Human Resources will also advise you regarding your benefits, final paychecks, and other separation information. For questions regarding the Exit Checklist, such as who should complete one and the responsibilities of the department or unit you are departing, please see the Exit Directions.

Sometimes an unpleasant, offensive, or hostile work environment contributes to the reasons why an employee leaves the University. The Office of Affirmative Action will send you an Exit Interview Questionnaire to be completed prior to your last day. Employees who would like to further communicate concerns about the work climate in their department or unit should contact the Office of Affirmative Action & Diversity to schedule an exit interview. Such information will be maintained in a confidential file in the  Affirmative Action & Diversity Office and will not become part of the employee's personnel file.

All University keys, equipment, uniforms, textbooks, library materials, etc. provided to you must be returned intact to the appropriate office to ensure proper processing of your final paycheck.

Overload Activity, Restriction on Compensation

Full-time faculty members may not receive compensation for an overload activity from any funds administered within the university system, regardless of source, except through procedures and within standards stated in University of Wisconsin System, Academic Planning Statement No. 4.

Performance Evaluations, Academic Staff

Every academic staff member shall undergo performance evaluataion annually. The results of the evaluation shall be made available to the academic staff member and provision shall be made for the academic staff member to respond formally for the record to the results of the evaluation, as stated in the Academic Staff Personnel Rules, UWL 10.03(2)(b).

1. Specific procedures and criteria for the evaluation of academic staff shall be decided by each division, department, or unit.
2. Written procedures and written criteria shall be on file with the dean or division head and provided to each academic staff member before the evaluation.
3. A written evaluation shall be filed with the dean or division and a copy shall be provided to the academic staff member.
4. Time lines for the annual evaluation processes are established each year by the Provost/Vice Chancellor.
5. Results of the academic staff evaluation may be used for a variety of purposes, including, but not limited to, the determination of merit distribution, and, in the case of fixed term appointees, subsequent appointments to the academic staff.

UW-La Crosse Category A Academic Staff Performance Review Policy

Overview

Each academic staff member shall receive an annual written performance evaluation by his or her immediate supervisor. The evaluation process shall include a face-to-face end of the year review, a written summary of the end of the year review for the academic staff member placed in the Personnel File, and a mid-year progress meeting between the immediate supervisor and the academic staff member. The purpose of the evaluation of each academic staff member shall be to:

    1. assess the performance of the responsibilities of the job description;

    2. assess the quality of service to students and the University community;

    3. determine areas for improvement in job performance;

    4. provide the basis for personnel decisions, including renewal and type of appointment, promotion, title review, and merit increases.

The timing of the review shall be as follows:

Criteria to be used in the review

The primary responsibilities of an academic staff member must be performance of assigned duties and responsibilities which are generally defined in the position description as taken from his or her current Position Description Questionnaire.

Performance evaluation criteria shall relate to:

Performance criteria may also include:

Review process

1. At the beginning of the contract year, the immediate supervisor and the academic staff member shall meet to establish annual goals and objectives, review the position description for accuracy, and discuss the relative importance of each criterion. Ultimate responsibility for initiating the review process, determining goals, objectives and criteria, and weighting criteria rests with the immediate supervisor.

2. Near the mid-point of the academic staff member's review period, the immediate supervisor and the academic staff member shall meet to discuss the progress being made on the academic staff member's goals and objectives.

3. At the end of the evaluation year, a conference shall be held between the academic staff member and the immediate supervisor. At this conference, the immediate supervisor will provide an assessment of the academic staff member's performance. Following the conference, the immediate supervisor shall provide a copy of the final evaluation report to the academic staff member on or before July 15. The academic staff member shall sign the evaluation to indicate that he or she has reviewed the document. The academic staff member may choose to comment in writing on the contents of the evaluation report. The signed evaluation report, with optional comments by the academic staff member, shall be returned to the immediate supervisor for submission to the appropriate dean or division head, and ultimately placed in the individual's personnel file.

Adopted on August 5, 1994 by Academic Staff Council. Approved by Chancellor Kuipers September 20, 1994.

Important to note:

1. This policy is for Category A Academic Staff; it does not include instructional academic staff. Instructional academic staff shall be annually evaluated in accordance with Faculty Personnel Rules, UWS 3.05 and UWL 3.05.

2. This Plan is meant to set minimum criteria. Units that have other plans that meet these minimum criteria may continue to use their plans.

3. The Salary and Personnel Committee thought it was more appropriate to establish a process rather than a prescriptive form considering the diversity of functions performed by academic staff.

Administrative Review

Deans and division heads and other appropriate administrative officers shall review departmental or unit decisions based on the annual evaluation in keeping with the time lines issued by the Provost/Vice Chancellor.

Copies of UW-La Crosse Academic Staff Policies and Procedures (Personnel Rules) and Academic Staff Council Bylaws are also available in the Academic Staff Council Office, 133A Main Hall.

Performance Evaluations, Faculty

An annual evaluation of all unclassified personnel is conducted on the basis of system policy and rules established by the faculty and administration. This evaluation serves as a basis for improvement of instruction, or other assigned duties, as well as a basis for making promotion, retention, and salary recommendations. Areas and criteria in evaluation shall include teaching, research, professional, and public service, and contribution to the University. The methods of evaluation of teaching shall include both student and peer evaluation and the evaluations of research, professional and public service, and contributions to the University shall be accomplished by peer evaluation (See UW-L Faculty Personnel Rules for more detailed information.)

FACULTY EVALUATION PROCEDURES

Adopted by the Faculty Senate, 4/7/77

1. Distribution of merit compensation shall be determined by the individual departments or functional equivalents according to their bylaws and/or other departmental rules and regulations. Each department shall specify its procedures for appeals of merit decisions with a time limit set prior to the date the department reports evaluations to the dean. No university-wide quotas shall be established for this purpose.

2. Each department or functional equivalent shall be allotted the authorized percentage of merit which multiplied by the total departmental payroll shall constitute the compensation to be distributed.

3. Student evaluation for merit purpose shall occur at least every three years.

4. Departments or functional equivalents, after consultation with the appropriate dean or other administrative officer,

a. shall establish and administer peer evaluations and shall determine how these will be used in deciding individual merit,
b. shall establish and administer student evaluations and shall determine how these will be used in deciding individual merit, and
c. shall report annually to the appropriate dean or other administrative officer what systems of student and peer evaluation are being used and how they are applied to individual merit decisions.

5. There shall be no composite department or unit reports prepared for evaluation of departments or units.

6. Departments or functional equivalents unwilling and/or unable to carry out determinations of merit shall request the appropriate dean or administrative officer to make the necessary determination.

7. Deans and other appropriate administrative officers shall be allotted funds necessary to resolve inequities such as may be identified because of the requirements of affirmative action, of minimum salary ranges, and of promotions. The Chancellor will annually advise the senate on the amount and distribution of such funds.

Understanding Related to Faculty Evaluation Procedures

1. All faculty shall be evaluated annually according to bylaws and/or rules of the respective departments or functional equivalents.

2. In accord with 4.c., each department and functional equivalent shall send to the dean (or other appropriate administrative officer) student and peer evaluation data pertaining to all faculty. The data requested are for the calendar year which serves as the evaluation period.

3. Each department or functional equivalent shall be allotted the authorized percentage of merit which multiplied by the continuing faculty and continuing academic staff share of the total departmental payroll shall constitute the compensation to be distributed. Such funds shall be allotted only to continuing faculty and continuing academic staff, including persons on leave.

4. Prior to allocation of merit increments to departments, cost-of-living adjustments shall be made for eligible faculty.

5. Each department of functional equivalent shall report annually to the appropriate dean or other administrative officer "what systems of student and peer evaluation are being used and how they are applied to individual merit decisions" at the time salary decisions are submitted.

Personnel Files

Personnel files for all employees are officially maintained in the Office of Human Resources and include staff members' official transcripts (provided by employees), contract letters, copies of benefit forms, payroll changes, changes in rank or job title, annual reviews, and training records. 

Employees may arrange to review their own personnel file by contacting the Office of Human Resources. Employees should also contact the Office of Human Resources with any updated information relating to specialized training, education, significant professional activities, publications, special honors, or noteworthy research, in addition to basic personnel changes such as change of address and/or telephone number, change in marital status, etc. 

 

 

Position Description Information

 

 

Retired Faculty, Policy on Utilization of

The University recognizes that retired members of the faculty continue to be a valuable resource in support of its mission and goals. Such faculty members who are interested in serving the University and its students MAY BE afforded opportunities to serve as part-time instructors under the following guidelines:

Utilization of Retired Faculty Policy approved by the Faculty Senate on October 23, 1997; Modified and Approved by Chancellor Kuipers on November 25, 1997.

Other Related links: 

Returning to Work After Retirement Fact Sheet on DTF 10.08 Wisconsin Administrative Code
Department of Employee Trust Funds website, Returning to Work After Retirement (ET-4105)

Smoking/No Smoking Policy

Section 101.123 of the Wisconsin Statutes commonly referred to as the "Clean Indoor Air Act" or "1983 Wisconsin Act 211," provides that no persons may smoke in educational facilities, public offices, passenger elevators, public waiting rooms, and any enclosed indoor area of a state building, except for areas which have been designated for smoking and offices occupied exclusively by smokers. The law states further that signs will be posted only in areas where smoking is permitted.

Section UWS 18.06 (18) of the Wisconsin Administrative Code similarly states "No person may smoke in any University building except in those areas designated for that purpose."

Questions regarding this policy may be directed to the Director of Protective Services.

Summer Session Assignments

Staffing for summer session is on a year-to-year basis. Guarantees of summer employment are not made in advance to academic year appointees. Those whose services are required for the summer session (normally eight weeks of both undergraduate and graduate instruction) are paid additional salary for that period.

Student enrollment is from 30 to 40 percent of that during the regular year and its composition differs markedly from that of the regular semesters. Summer assignments and plans for the ensuing summer session are usually distributed in April each year.

Summer Session Policy

1. The Purposes of Summer Session.

a. Instructional Services. The primary purpose of the summer session is to provide instructional services. Instructors given summer classroom assignments should be those best qualified to teach the courses offered.

b. Professional Development. The summer period also provides opportunity for further study and professional development at a time when many instructors are not on regular assignments. The Senate, therefore, urges the various departments, schools, and colleges to establish policies which will encourage faculty and academic staff to pursue higher degrees or other scholarly activities during the summer.

 

2. The Determination of Course Offerings and Teaching Assignments.

Determination of course offerings and appointments for summer session instruction shall be made by the various academic departments following allotment of positions by the appropriate dean or other administrative officer. Each department in consultation with the appropriate dean or other administrative officer shall also determine:

a. the extent to which rank, degrees, and longevity of service to the department and to the University are used in establishing priorities for appointments;

b. the nature of any rotational system deemed desirable; and

c. the suitability of appointing both faculty and academic staff to summer sessions.

3. Appointments for Potential Retirees.

Academic departments, in consultation with the appropriate dean or other administrative officer and the Chancellor's offices, are encouraged to develop plans which will provide the maximum summer appointment opportunities possible for persons in their last three years prior to retirement.

 

4. Chairpersons' Summer Appointments.

Upon approval of academic departments after consultation with the appropriate administrative officers, chairpersons may be given load reductions for administrative responsibilities during periods other than the thirty-nine week academic year. Such reductions should be derived from positions assigned to the department. When deemed necessary, departments should annually review with the appropriate administrative officers, the arrangements made for departmental administration during non-academic year periods.

 

5. Previous Policies.

Upon approval of this statement, all other summer session policies in which the Senate previously concurred become null and void.

 

6. Effective Date of this Policy Statement.

This policy shall be in effect beginning with the planning for the summer term of 1980.

Teaching at Other Institutions

Advance approval of the Chancellor is required for all arrangements or contracts involving teaching services to be rendered during the contract year to other institutions by UW-La Crosse faculty members.

Technology Resources

The following policies on the use of University information technology resources are edited by the Division of Information Technology and apply to all employees.

Responsible Use of Computer and Communications Resources
UW-La Crosse World Wide Wed Policy Statement

Additional information on technology resources can be found at the following link: Distance Education, training for faculty/staff, training for students, web page construction information, and the NASA Teacher's Regional Resource Center.

Tenure

Basic rules governing tenure in the University of Wisconsin System are found in Chapter 36 of the Wisconsin Statutes. Additional policies are found in the first five chapters of the Wisconsin Administrative Code, Rules of the Board of Regents of the University of Wisconsin System. Administrative code provisions are amplified in the University of Wisconsin-La Crosse Faculty Personnel Rules. Copies of the administrative code and the UW-L Faculty Personnel Rules may be obtained in the departmental, dean's and vice chancellor's offices.

UW-La Crosse Tenure Density Policy

University policy provides that when potential tenure positions exist, appointments to the teaching staff shall be made on a probationary faculty basis. To provide flexibility, each department is required to maintain a five-year staffing plan based on agreed upon guides and gauges. Objectives should be structured to maintain between 50 and 80 percent of the positions as tenured. (The tenure density policy, revised by the Faculty Senate on November 15, 1984, provides a more detailed explanation. That policy is reprinted as follows:)

Prologue: The University of Wisconsin-La Crosse has since March of 1975 been guided in matters of tenure density by a policy designed and put into place by administrative officers of the University. In the spring of 1979, the UW-L Faculty Senate agreed to call upon its Promotion, Tenure, and Salary Committee to work with appropriate administrative staff to devise tenure density guidelines which were proposed and approved as of Nov. 29, 1979. Subsequently, in the fall of 1984, the Promotion, Tenure, and Salary Committee was charged with reviewing and updating the Tenure Density Policy. The Committee, following study of the matter, now proposes the following revised Tenure Density Policy.

Statement of Policy

It shall be the policy at UW-La Crosse that, with certain limited exceptions, appointments to the teaching staff shall be made on a probationary faculty basis. The goal of such a policy is to preserve the system which protects academic freedom. It is recognized that it will be necessary for departments to limit the proportion of tenured teaching appointments.

Maintenance of a Staffing Plan

The department chairperson, in consultation with the tenured members of the department and with the approval of the appropriate dean and the Provost/Vice Chancellor, shall maintain a staffing plan for his/her department for a five-year period beyond each current year. The purpose of this plan is to provide flexibility in staffing the department to accommodate anticipated changes in the program of departmental offerings and predicted fluctuations in the departmental workload. The staffing plan shall adhere to such University guides as weighted student contact periods and other staffing gauges, as may be accepted by the Faculty Senate. The data base used for planning shall include a history of previous student-contact periods and departmental staffing based on the tenure-density-quota guidelines up to and including the previous year.

Probationary Appointments

Appointments to the teaching staff of a department will normally be made as probationary faculty as provided for in U.W.S. 3.04, Wis. Adm. Code. Temporary appointments as fixed-term academic staff may be used in some instances at the request of the department and with the approval of the dean. Years of service on an academic staff appointment may be credited toward the probationary period if that person is subsequently appointed to a faculty position.

Responsibility for Implementation

It shall be the responsibility of the department to determine which positions within a department shall be tenured or filled with probationary faculty appointments. Such determination shall be communicated to the appropriate academic dean and the Provost/Vice Chancellor. Upon their confirmation, it shall become a part of the departmental plan. It shall be the responsibility of the Chancellor to state reasons if a departmental staffing decision based on the approved departmental staffing plan is overruled.

Tenure Density Objectives and Implementation Guides

1. Planning objectives should seek to maintain at least 50 percent but no more than 80 percent of the maximum number of positions each year of a department's five-year staffing plan as tenured positions.

2. Flexibility to exceed the 80 percent tenure maximum within a given department may be permitted for temporary periods of time on the basis of but not limited to the following considerations:

a. when there are imminent departmental retirements in the offing,
b. when there is a clear and ongoing programmatic need for the affected position,
c. when there has been either a positive or stable enrollment trend within the affected department over the past years,
d. when the professional merit of the tenure candidate is demonstrably superior, or
e. when the UW-L affirmative action objectives would be advanced.

The decision-making process to recommend or not recommend tenure would otherwise remain exactly the same as it is for ordinary tenure decisions within departments when the 80-percent rule is not an issue.

3. Although no university-wide tenure density quota is fixed, an individual department may set such a quote as a guide in its five-year staffing plan.

4. Tenured faculty on extended leave beyond two years may be included in the departmental staffing plan upon the annual renewal of their leave by the department, but need not be included in the departmental staffing plan nor be counted in the quota used as a reason for nonrenewal of a probationary faculty appointment.

5. Tenured faculty on leave from a department to administrative positions shall retain their tenure in the department, but need not be included in the departmental staffing plan nor be counted in the quota used as a reason for nonrenewal of a probationary faculty appointment.

6. Departmental staffing plans may include provisions for complying with goals of affirmative action plans, and such provisions may be used as reasons for nonrenewal of probationary appointments providing that such rules were in effect prior to the year in which the nonrenewal decision was made.

7. Departments shall design staffing plans with a view toward having them in readiness for use in each succeeding academic year. Each department plan shall summarize changes in departmental staffing which will follow from implementation of the plan. Revised staffing plans shall be communicated to members of departments and to the appropriate administrative officers. Continuity during any interim period shall be provided by tenure density planning under administrative guidance.

UW-L Tenured Faculty Review and Development

Criteria -- Individual departments (or functional equivalent) will develop a Tenured Faculty Review and Development Policy which includes the criteria and methods for the evaluation. The purpose of reviewing faculty is to encourage and support the meaningful growth and development of faculty in ways that positively contribute to the university mission and goals and to the missions of colleges and departments. The review is a collegial process with the goals of encouraging achievements of value and meaning in the roles that faculty play in their relations with students, colleagues, and local communities. Areas to be reviewed should include teaching, scholarship, and service. The review process will include the use of both peer and student input, as well as the missions of the departments, colleges, and university. The criteria should be flexible enough to allow shifts in professional emphasis and personal professional goals. The departments' Tenured Faculty Review and Development Policies will be submitted to the dean (or appropriate administrative officer) who will be responsible for assuring that all evaluation plans meet the minimal criteria. Academic freedom shall be respected at every level of the process.

Procedures -- Once every five years, each tenured faculty member's activities and performance will be reviewed in accordance with the mission of the department, college, and university. The department will establish a review cycle for its members and submit it to the dean. Each year the dean will send to the department notification of those faculty members who are subject to review. The Tenure Faculty Review will be conducted by the department or functional equivalent. The Tenure Faculty Review may be carried out as part of the merit determination process. Teaching, scholarship, and service will be evaluated, and the results may be used to facilitate and enhance faculty development. Each department shall formulate clearly stated written criteria describing what constitutes satisfactory performance in the areas of teaching, scholarship, and service within the context of the missions of the department, college, and university.

The results of the Tenured Faculty Reviews will be sent to the dean, who will forward them to the Provost/Vice Chancellor's office for centralized filing. If, according to the department's Tenured Faculty Review and Development Policy, a faculty member is judged to have significant areas of concern in performance, a list of these areas of concern will be given to the faculty member. The department will then meet with the faculty member to develop and write a plan, based on the departmental criteria, to overcome these areas of concern within a reasonable period of time.

If the identified areas of concern or departmental plan for removal of areas of concern cannot be resolved within the department, then:

a) the department will notify in writing the dean outlining the department's Tenured Faculty Review decision and recommended plan.
 
b) the department chair or designated committee, dean, and faculty member identified as having significant areas of concern shall meet to review the department's recommendations and, if appropriate, to determine a plan or other action(s) to remove any identified areas of concern.

Funds necessary to implement plans to remove areas of concern will be provided by the deans or the appropriate administrative officers.

A confidential file of the Tenured Faculty Review will be kept within the department. The file should contain all documents and correspondences involved in the evaluation of the faculty member and the resolution of any identified areas of concern. A copy of all items in the file of the individual faculty member will be given to that member.

Accountability -- At an agreed upon date, the department chair or designated committee shall meet with the faculty member with identified areas of concern to review the results of the plan to overcome the areas of concern.

a) If the areas of concern have been eliminated, the department chair or designated committee will write the faculty member a letter stating that the areas of concern have been eliminated and the letter will be placed in the faculty member's file. The department chair or designated committee will send a letter to the Dean and all individuals involved in the Tenured Faculty Review and Development process stating that the areas of concern have been eliminated.
 
b) If the areas of concern have not been eliminated, either the faculty member shall meet with the department to evaluate the need for additional steps which may be necessary to remove the areas of concern or the department chair may choose to meet with the faculty member and dean to establish a plan for removal of the areas of concern.

The faculty member shall have all the rights of appeal as outlined in the UW-L Faculty Personnel Rules 6.01 and 6.02 and may appeal department decisions to the Complaints, Grievances, Appeals, and Academic Freedom Committee (CGAAF) (Reference: Faculty Senate Bylaws (1.G).

Worker's Compensation

The Wisconsin Statutes provide that an employee “suffering an injury while performing service grouping out of and incidental to his or her employment is entitled to Worker’s Compensation benefits.  This allows for the payment of medical expenses.  It also allows for the payment of lost wages based on two-thirds of the employee’s wages up to a weekly maximum which is re-established each year.

When Worker’s Compensation benefits are granted, employees may choose to use accrued sick leave or vacation to supplement Worker’s Compensation benefits to the extent that they shall receive the equivalent of their regular base pay.

All accidents (whether or not medical attention is necessary) must be immediately reported to the employee’s supervisor.  It is the responsibility of the immediate supervisor to investigate all Worker’s Compensation injuries or illnesses and report these to the Worker’s Compensation Coordinator within 24 hours of an accident the employee and supervisor must complete the following forms: Employees Work Injury and Illness report, WKC 12 Employee’s First report of Injury or Disease and the Supervisor’s Accident Analysis Report.  These forms can be found at http://www.uwsa.edu/oslp/wc/forms/forms.htm   Further investigation may be made by the Worker’s Compensation Coordinator or the Department of Environmental Health and Safety.

Employees have the choice of a physician or a chiropractor licensed in the State of Wisconsin to provide reasonable and necessary treatment to cure and relieve the effects of injury.  Employees have the choice of a second physician.  Simultaneous treatment by two doctors is not acceptable, nor is a third choice of physician unless referred by the primary doctor.

All medical bills resulting from an injury or illness must be presented to the Human Resources Office.  Employees should inform the clinic or hospital where treatment is rendered of the fact that the injury or illness is work related.  Do NOT give the hospital or clinic your group health insurance identification numbers for treatment covered under Worker’s Compensation.   In most cases, the hospital or clinic will send the bill directly to the Human Resources Office.  If an employee should receive a bill, including prescriptions, submit it to the Human Resources Office at your earliest convenience.  Seeking treatment does not guarantee medical expense will be approved under Worker’s Compensation.

If the injury will result in more than three days time lost from work, contact the worker’s compensation coordinator in Human Resources.  Medical documentation is required to substantiate disability payments.  Also, if an employee is no longer going to be on the payroll, they should contact the payroll office to make arrangements for premium payment of benefits and/or insurance, as well as appropriate leave of absence forms.

The State of Wisconsin provides managed health care services to injured State employees.  Utilization review is performed on all inpatient hospitalizations, surgical procedures, MRI and CT scans, and physical therapy and chiropractic treatment.  If such treatment is recommended by the doctor, promptly notify the worker’s compensation coordinator prior to having such treatment.

A doctor’s excuse is required for the employee to return to work when the injury resulted in medical attention and/or lost time.  Employees covered under Worker’s Compensation should be aware of the fact that, with doctor approval, they may be assigned part time or limited duties (if the restrictions can be met) until they are able to return to full time duty

Questions regarding Worker’s Compensation may be directed to the Human Resources Office.


 ACADEMIC STAFF PERSONNEL RULES

Chapter 8: Unclassified Code of Ethics

UWS 8.01 Declaration of policy

In view of the special relationship of the university of Wisconsin system to the state and to affirm as public policy within the system certain common standards to prevent conflicts of interest, the board hereby adopts the following code of ethics for unclassified staff pursuant to ss. 19.45 (11) (b) and 36.23, Stats.

(1) Every member of the unclassified staff at the time of appointment makes a personal commitment to professional honesty and integrity, to seek knowledge and to share that knowledge freely with others. Such a commitment is essential for the university to perform its proper function in our society and to ensure continued confidence of the people of this state in the university of Wisconsin system and its personnel. It is a violation of this commitment for unclassified staff members to seek financial gain for themselves, their immediate families or organizations with which they are associated through activities that conflict with the interests of the university of Wisconsin system.

(2) The board of regents, as a matter of policy, recognizes that:

(a) Members of the unclassified staff have personal and economic interests in the decisions and policies of national, state and local government.
(b) Members of the unclassified staff retain their rights as citizens to interests of a personal or economic nature.
(c) The code of ethics must distinguish between those minor and inconsequential conflicts which are unavoidable in a free society and those conflicts which are substantial and material.

(3) In adopting the standards of conduct set forth in this chapter, it is the board's purpose to prohibit only those activities which will result in a conflict between the personal interests of an unclassified staff member and that staff member's public responsibilities to the university of Wisconsin system. It is not the board's purpose to prohibit an unclassified staff member from freely pursuing those teaching, research, professional and public service activities which will not result in such a conflict, nor to prohibit a staff member from accepting any compensation, fees, honoraria or reimbursement of expenses which may be offered in connection therewith.

Note: This subsection, which is new, should be read in conjunction with new UWS 8.025 concerning outside activities. The approach reflects the view that the major inquiry in regard to the acceptability of outside activities is whether they may or do present conflicts with, or detract from performance of university duties and responsibilities.

History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. (1) (a) 1. and 2. and (b) 4., renum. (1), (1) (a) (intro.) and (1) (b) 1., 2. and 3. to be (intro), (1) and (2) (a) to (c) and am., cr. (3), Register, January, 1986. No. 361, eff. 2-1-86.

UWL 8.01 Declaration of policy.

To ensure awareness, to promote understanding, and to affirm institutional commitment towards compliance with the University of Wisconsin System Code of Ethics for Unclassified Staff, the chancellor shall incorporate reference to institutional guidelines embodied in UWS 8 and UWL 8, as stated in the UW-L Faculty and Academic Staff Handbook, in letters of appointment to all unclassified employees.

UWS 8.02 Definitions. In this chapter:

(1) "Academic staff" means professional and administrative personnel other than faculty with duties, and subject to types of appointments, that are primarily associated with higher education institutions or their administration.

(2) "Anything of value" means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include:

(a) Any salary, expenses or other compensation received by a member of the unclassified staff from the university for his or her services;
(b) Any compensation, honoraria or expenses derived from outside activities permitted under this chapter;
(c) Political contributions which are reported under ch. 11, Stats.; or
(d) Hospitality extended for a purpose unrelated to university business.

(3) "Associated," when used with reference to an organization, means that a person or a member of a person's immediate family is a director, officer or trustee or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity.

(4) "Board" means the board of regents of the university of Wisconsin system.

(5) "Chancellor" means the chief executive officer of a university, the university of Wisconsin centers or the university extension.

(6) "Confidential university information" means information relating to university financial operations or personnel which is obtained from university records or in the course of official university business and which is not available to the general public upon request.

Note: This definition is relocated from current UWS 8.03 (1) (c).

(7) "Contracting personnel" means those persons who are designated in writing by the chancellor of an institution or the president of the system to negotiate, review, approve, or sign contracts for the purchase of goods and services on behalf of an institution, the university system, or the board. The term does not include persons who do either or both of the following:

(a) Contract only with outside agencies for research or for services to be performed by the university; or
(b) Negotiate, review, approve or sign only employment contracts.

Note: This subsection revises current UWS 8.02 (1) (j), which is repealed.

(8) "Faculty" means persons who hold the rank of professor, associate professor, assistant professor or instructor in an academic department or its functional equivalent in an institution.

(9) "Immediate family" means:

(a) An unclassified staff member's spouse; and
(b) Any person who receives, directly or indirectly, more than one half of his or her support from an unclassified staff member or from whom an unclassified staff member receives, directly or indirectly, more than one half of his or her support.

(10) "Institution" means any university or an organizational equivalent designated by the board.

(11) "Limited appointees" means persons holding special appointments to administrative positions designated in s. 36.17, Stats., and ch. UWS 15, and who serve at the pleasure of the board or of the authorized official making the appointment.

(12) "Organization" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic.

(13) "President" means the president of the university of Wisconsin system.

(14) "Secretary" means the secretary of the board.

(15) "Unclassified staff" or "staff members" means faculty, academic staff and limited appointees of the university of Wisconsin system who are not subject to subch. III, ch. 19, Stats.

(16) "Vice President" means system administration officials with the title "Vice President" or other administrative officers with similar duties.

History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. (1) (f), (I) and (j), renum. (1) (intro.), (1) (a) to (e), (g), and (h) to be (intro.), (4), (14), (13), (16), (5), (8) and (1) and am. (intro.), (5), (8) and (16), cr. (2), (3), (6), (7), (9) to (12) and (15), Register, January, 1986, No. 361, eff. 2-1-86.

UWS 8.025 Outside activities and interests; reports.

(1) Outside activities. Members of the unclassified staff are free to engage in outside activities, whether or not such activities are remunerative or related to staff members' fields of academic interest or specialization. However, no member of the unclassified staff may engage in an outside activity if it conflicts with his or her public responsibilities to the university of Wisconsin system or the institution at which the unclassified staff member is employed.

(2) Reportable outside activities.

(a) The following outside activities must be reported to a staff member's dean, director or other appropriate administrator:

    1. Associations with organizations, as defined in s. UWS 8.02 (3) and (12), related to staff members' fields of academic interest or specialization;

    2. Private remunerative relationships between staff members and nongovernmental sponsors of university research for which the staff member is a principal investigator; and

    3. Remunerative outside activities in a staff member's field of academic interest or specialization, including but not limited to consulting, and whether the staff member earns for such activities $5,000 or more in a year from a single source.

(b) Each unclassified staff member engaging in outside activities reportable under this section shall annually, on or before April 30, file a report of outside activities with his or her dean, director or other appropriate administrator.
(c) If during the year, significant changes in a staff member's reportable outside activities occur, the staff member shall immediately inform, in writing, his or her dean, director or other appropriate administrator. This information shall be placed on file with the staff member's annual statement of outside interests.

(3) Institutional policies. The unclassified staff members of each institution, with the approval of the chancellor, shall develop policies and procedures which shall, at a minimum, provide:

(a) Standards concerning the use of university facilities and personnel in connection with outside activities;
(b) Standards concerning absence from regular duties for the purpose of engaging in outside activities;
(c) Guidelines identifying types or categories of outside activities which may result in a material conflict of interest; and
(d) For such reports of anticipated outside activities as are necessary to insure compliance with s. UWS 8.04.

(4) Reports public. Information required to be reported under this section shall, unless otherwise privileged by law, be a matter of public record.

Note: This section addresses outside activities. Several explanatory points provide relevant background:

1. The section addresses matters heretofore handled under UWS 7 and 14, which are accordingly repealed. This change in the scope of UWS 8 was made in response to legislative suggestion.

2. The rule recognizes the right of unclassified staff members to engage in outside activities, whether or not the activities are remunerative or related to staff members' fields of academic interest. However, in order to assure that such activities do not conflict with staff members' responsibilities to the university of Wisconsin system, or the institution at which the staff member serves, the rule provides that certain types of activities must be reported to staff members' deans, directors or other appropriate administrators. These reportable outside activities include associations with organizations related to staff members' fields of academic interest or specialization, certain private remunerative relationships between staff members and non-governmental research sponsors, and remunerative outside activities in staff members' fields of academic interest or specialization and whether the staff member earns $5,000 or more in a year from a single source. The language retains the requirements currently in UWS 7 and 14 that institutions develop policies to regulate the use of university facilities in connection with outside activities, and adds a similar requirement pertaining to use of personnel. It provides a more explicit requirement for institutional development of standards on absence from university duties, and for reports on outside activities which staff members anticipate they will perform during the academic year.

3. Guidelines and suggestions will be provided to institutions for implementation of the Regent rule. These guidelines would include examples of standards concerning use of university facilities and absence from university duties that might be adopted under UWS 8.025 (3) (a) and (b); categories or types of activities which might present a material conflict of interest under UWS 8.025 (3) (c); reporting procedures under UWS 8.025 (4); and other relevant information.

4. The rule incorporates and codifies the result of litigation between the Madison Capital Times and the UW-Madison. That case, decided in Dane County Circuit Court in the spring of 1983, held that UW-Madison reports of outside activities required under UWS 7 and 14 were records open to public inspection. This section continues the existence of the reporting requirements (UWS 8.025 (2)) and declares the public nature of the reports (UWS 8.025 (4)), except in those instances where other legal principles establish a privilege for the information contained therein.

5. UWS 8.025 (1) indicates that the Regents' purpose is not to dictate the financial or topical terms of outside activity but to ensure that it does not present conflicts of interest or time with university duties. (See also Note to UWS 8.01 (3)).

6. Forms required under this section for the reporting of outside activities may be obtained from the Office of the Secretary to the Board of Regents, Room 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706, at no charge.

History: Cr. Register, January, 1986, No. 361, eff. 2-1-86.

UWL 8.025 General Guideline for Outside Activities.

(1) Outside Activities. The general guideline for an unclassified staff member at this university concerning outside activities as defined in UWS 8.025 (1) is that the activities should enhance his or her contributions to, and should not detract from his or her obligations to the university, the UW System, and the community.

The following activities, although they do not comprise an exhaustive list, might present material conflicts between a staff member's private interests and public responsibilities to this university or the UW System: Extensive or recurring paid consulting. Appearing as an expert witness. Associations with organizations as defined in UWS 8.02 (3) related to a staff member's field of academic interest or specialization. University research funded in whole or part by non-governmental sponsors through contract, grant, or restricted gift in which the staff member has a financial interest in the sponsor or the research results. Activities involving a private remunerative relationship between a staff member and a non-governmental sponsor or university research for which the staff member is a principal investigator. Situations which may result in research that would normally be carried out at the university being diverted to a private establishment to the detriment of the university. Situations giving a private entity exclusive access to information resulting from a staff member's university research. Situations in which a staff member directs a student into research from which the member expects to receive financial gain.

(2) Annual Reporting Of Outside Activities

(b) The dean, director, or other appropriate administrator shall distribute by April 1 of each year to each unclassified staff member with at least a half-time appointment a form on which to indicate any reportable outside activities specified in UWS 8.025 (2). Each unclassified staff member with at least a half-time appointment shall return the form to the appropriate administrator by April 30 to indicate any reportable outside activities in which the staff member has engaged during any portion of university employment since the preceding May 1. An unclassified staff member who has been hired since the preceding May 1 shall also indicate any reportable activities which have extended into any portion of university employment even though he or she began an activity before the period of employment.

(3) Institutional Policies.

(b) Absence from regular duties for the purpose of engaging in outside activities. Absence from campus to engage in activities unrelated to an unclassified staff member's conditions of university assignment shall be permitted only if such absence does not interfere with class schedules, assigned work hours, and the performance of professional duties. When an activity appears to be in conflict with time appropriately allocated to the performance of university duties, an unclassified staff member may seek the consultation or advice of the Ethics Advisory Committee and/or may seek prior approval of absence from campus from the dean, director, or other appropriate administrator. Failure of an unclassified staff member to conform to university policies on timely fulfillment of professional duties shall subject him or her to the sanctions specified in UWS 8.05.
(c) Absence for jury duty. An unclassified staff member who has been summoned to jury duty shall inform the chairperson or immediate supervisor of the period of time and other circumstances of the duty which might conflict with the staff member's regular schedule of performing responsibilities to the university. Reimbursements, fees, and other payments for jury duty shall not be deducted from nor in any way combined with a staff member's university salary.

UWS 8.03 Standards of conduct.

(1) Personal Gain From University Position.

(a) No member of the unclassified staff may, in a manner contrary to the interests of the university of Wisconsin system, use or attempt to use his or her public position or state property, including property leased by the state, to gain or attempt to gain anything of substantial value for the private benefit of the staff member, his or her immediate family or any organization with which the staff member is associated.
(b) No member of the unclassified staff may solicit or accept from any person or organization anything of value pursuant to an express or implied understanding that his or her conduct of university business would be influenced thereby.
(c) No member of the unclassified staff may intentionally use or disclose confidential university information in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family or for any other person or organization with which the staff member is associated.

(2) Contracting And Leasing.

(a) No member of the unclassified staff, member of his or her immediate family, nor any organization with which an unclassified staff member is associated, may enter into any contract or lease involving payments of $3,000 or more within a 12 month period, derived in whole or in part from university funds, if the staff member is in a position to approve or influence, in his or her official capacity, the university's decision to enter into the contract or lease.
(b) If the staff member is not in a position to approve or influence the university's decision, the staff member may enter into a contract or lease described in par. (a) if the staff member first makes written disclosure of the nature and extent of any relationship described in par. (a) to the dean, director, or other appropriate administrator and he or she approves. The dean, director or other appropriate administrator shall approve a staff member's interest in a lease or contract unless he or she determines that the staff member's personal interest in the agreement will conflict substantially and materially with the staff member's discharge of his or her university responsibilities.
(c) This subsection does not affect the application of s. 946.13, Stats.

Note: This subsection repeals and amends provisions on contracting and leasing which are found in current UWS 8.03 (1).

(3) Nepotism.

(a) No member of the unclassified staff may participate, formally or informally, in the decision to hire, retain, grant tenure to, promote or determine the salary of a member of his or her immediate family.
(b) No member of the unclassified staff may, in the supervision or management of another unclassified staff member who is a member of his or her immediate family, give preferential or favored treatment.

(4) Student Research Protection. A member of the unclassified staff shall inform students engaged in research under his or her supervision of any financial interest which the unclassified staff member has in the research activity, including, but not limited to, financial arrangements involved in the direct support of the activity, agreements made by the unclassified staff member to obtain data for the research, or agreements concerning copyright or patent rights arising from the research.

(5) Waiver. The board may, upon written request and by action within a reasonable time of receipt thereof, waive any provision of this section whenever its literal application would be adverse to the best interests of the university of Wisconsin system or would work an unreasonable hardship on a member of the unclassified staff.

History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86.

UWL 8.03 Standards of Conduct.

(4) Protection Of Student And Non-Student Research. In addition to adhering to UWS 8.04 (4), an unclassified staff member who intends to limit the use of information derived from research under his or her supervision shall advise each student and non-student engaging in a project of any agreements which restrict them from communicating freely, publishing, copyrighting, patenting, or otherwise benefitting from the research.

UWS 8.035 Institutional ethics committee.

Each institution shall establish a committee, or designate an existing committee, whose function shall be to provide to my member of the unclassified staff consultation and advice on the application of this chapter. Committee deliberations and actions upon requests for consultation or advice shall be in meetings not open to the public. Records obtained in connection with requests for consultation or advice shall be considered confidential university information. However, summaries of advice provided by institutional ethics committees, which do not disclose the identities of persons requesting such advice, shall be made public in an annual report.

History: Cr. Register, January, 1986, No. 361, eff. 2-1-86.

UWL 8.035 The ethics advisory committee.

(1) The chancellor shall appoint an ethics advisory committee to provide consultation and advise to any member of the unclassified staff on the application of this chapter. The consultation and advice shall be of a general nature, except in the case of an unclassified staff member seeking to avoid a conflict between his or her personal interests and responsibilities to the university. However, it shall not be a function of this committee to advise an administrator in the making of the decision to allow or to disallow a staff member from conducting an outside activity.

(2) The committee shall consist of six members; one from each of the four colleges chosen from a list of faculty nominated by the Faculty Senate and two from a list of academic staff nominated by the Academic Staff council. The chancellor shall appoint the chairperson. Terms of appointment shall be for three years and staggered so that two members retire and are replaced each year. To anticipate resignations, the chancellor shall appoint alternates from the lists of nominees.

(3) Committee deliberations and actions upon requests for consultation or advice shall be in meetings not open to the public. Records obtained in connection with requests for consultation or advice shall be considered confidential university information. The committee shall keep only summary minutes of meetings concerning consultation and advice and of its deliberations and actions. The committee shall inform the staff member in writing of its decision and shall return to the staff member any written materials and other resources he or she has given to the committee while requesting consultation and advice.

(4) The committee shall use its minutes to prepare for the chancellor an annual report which summarizes its business but does not disclose the identities of persons who have requested consultation and advice.

UWS 8.04 Action to avoid possible conflict.

(1) When it appears that a material conflict may arise between the personal interests of a staff member and his or her public responsibilities to the university, the staff member shall notify his or her dean, director, or other appropriate administrator by submitting a written statement describing the nature of the possible conflict.

(2) Within 15 days after receipt of the statement, the dean, director or other appropriate administrator shall advise the staff member in writing that:

(a) There is no conflict prohibited by this chapter and the staff member may proceed; or
(b) There may be a conflict and further consultation is necessary prior to reaching a determination; or
(c) There is a conflict which must be resolved in one of the following ways:

    1. The staff member shall not proceed with his or her university duties which result in the conflict, so long as the conflict remains; or

    2. The staff member shall not proceed with his or her personal interests which result in the conflict, so long as the conflict remains.

(3) If the staff member is advised that sub. (2) (c) 1 or 2 applies to his or her case, the staff member, within 15 days after notice of the decision of the dean, director, or other appropriate administrator, may appeal the decision under ch. UWS 6 or 13.

History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86.

UWL 8.04 Action to avoid possible conflict.

(1) When it appears that a material conflict may arise between the personal interests of an unclassified staff member and his or her responsibilities to the university, the staff member may seek an advanced ruling from the dean, director, or appropriate administrator on the propriety of continuing an activity that must be reported by the annual filing of the outside interests and activities form required in UWS 8.025 (2)(a)3.and (2)(b). Prior to informing the appropriate administrator of such activity, the staff member may seek an advisory opinion from the Ethics Advisory Committee. The opinion of the committee shall be confidential, and may, at the discretion of the staff member, be communicated to his or her chairperson or immediate supervisor as well as to the appropriate administrator.

(2) Upon receiving a report of an unclassified staff member's activity that appears to be a material conflict of interest the dean, director, or appropriate administrator shall advise the staff member according to the procedure outlined in UWS 8.04 (2).

UWS 8.05 Sanctions.

(1) Any person may file a written complaint charging a violation of this chapter. The complaint shall state the name of the member of the unclassified staff alleged to have committed a violation and describe the violation.

(2) A complaint involving a member of the unclassified staff serving within system administration shall be submitted to the president for investigation and disposition in accordance with system administration policies and procedures adopted pursuant to ch. UWS 11 or s. UWS 13.01, as appropriate.

(3) A complaint involving a member of the faculty or the academic staff serving at an institution of the university of Wisconsin system shall be submitted to the appropriate chancellor.

(a) Where the complaint is against a faculty member, the chancellor shall proceed under the policies and procedures adopted by his or her institution pursuant to ch. UWS 4 or s. UWS 6.01, as appropriate.
(b) Where the complaint is against a member of the academic staff, the chancellor shall proceed under the policies and procedures the institution has adopted pursuant to ch. UWS 11 or s. UWS 13.01, as appropriate.

(4) Complaints involving limited appointees serving at an institution of the university of Wisconsin system shall be submitted to the official who made the appointment and that official shall take appropriate action.

(5) Notwithstanding the other provisions of this section, the president or a chancellor may investigate possible violations of this chapter whenever the circumstances warrant and proceed in accordance with subs. (1) to (4).

Note: For possible criminal penalties for intentional violations of this chapter, see s. 19.58, Stats.

History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.

UWS 8.06 Reports.

The president, vice presidents, chancellors, and all contracting personnel shall annually, on or before April 30, file a statement of economic interest with the secretary. The statements shall be filed on a form provided by the secretary, and shall be considered matters of public record. The statements shall contain the information required by s. 19.44, Stats.

Note: This section makes public the statements of economic interest filed with the secretary of the board by the president, vice presidents, chancellors and all contracting personnel. It specifies that the statement is to contain the information specified in s. 19.44, Stats., which sets forth the form of the statement of economic interests filed by public officials governed by the state ethics code.

History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.


Chapter 9: Academic Staff Rules: Coverage and Delegation

UWS 9.01 Coverage

The rules of chs. UWS 8 to 13, and the policies and procedures developed by particular institutions or system administration thereunder, apply to all academic staff appointments within each institution or within the system administration. In chs. UWS 8 through 13, where appropriate, "president" may be substituted for "chancellor" and "system administration" for "institution."

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.

UWL 9.01 Coverage.

Academic staff includes general, instructional, and academic support professional staff but does not include faculty, classified staff, limited term employees, employees-in-training, and student assistants. Academic staff have duties and types of appointments that are primarily associated with higher education institutions or their administrations. The Chancellor shall designate which positions shall be academic staff positions. The letter of appointment shall so state.

UWS 9.02 Delegation.

Each chancellor shall provide for the establishment of a committee to advise the administration on policies and procedures for academic staff adopted by the institution pursuant to chs. UWS 8-13. At least a majority of the members of this committee shall be members of the academic staff elected by members of the academic staff. Members of the committee shall select the chairperson thereof. Institutions which now have persons with faculty rank holding positions which will become academic staff positions under the definitions of faculty and academic staff provided in ch. 36, Stats., may designate such persons as academic staff for purposes of eligibility to participate in the election of members of the committee chosen in this way, and eligibility for election to the committee. Wherever each institution is charged in chs. UWS 8-13 with adopting policies and/or procedures, the chancellor shall develop these policies and procedures in consultation with the committee and, as appropriate, members of the faculty and student body. Policies and procedures developed by each institution for administering the elements of the academic staff personnel policies addressed by these rules shall be in full force and effect when finally approved by the chancellor and forwarded to the board. The board may undertake a review of any or all portions of such policies and procedures but shall complete such review within 90 days of the receipt of the policies and procedures. Should the board within 90 days return to the institution any portion or portions of its policies and procedures as disapproved, that portion or portions shall be suspended until reconsideration and resubmission has taken place.

UWL 9.02 Delegation.

An Academic Staff Council of eleven members shall be elected as the representative body of the academic staff. This governing body is formed to actively participate in governance and policy development for the institution. The council shall have primary responsibility for the formulation and review of policies and procedures of concern to academic staff, including personnel matters. A function of this group will be to advise and make recommendations to the Chancellor on these matters.

The Council shall represent general, instructional, and academic support professional staff but does not include instructional academic staff with faculty status as determined by the Faculty Senate.

The initial set of bylaws with amendment procedures are established by the Academic Staff Council and are provided to the Chancellor. They become effective upon approval of the Chancellor. The bylaws shall cover election rules, officers, meetings, function of the Academic Staff Council, the creation of other academic staff committees, and similar matters.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.


Chapter 10: Academic Staff Appointments

UWS 10.01 Types of appointments

Academic staff appointments may be fixed term, probationary, or indefinite. Several probationary academic staff appointments may precede the granting of an indefinite appointment. Each institution shall develop guidelines concerning the categories of academic staff positions that may be appropriately designated as fixed term, probationary, or indefinite appointments. Appointments may be made in the central administration, an institution, college, department (or its functional equivalent), or a specified research or program unit. An appointment shall be limited to an operational area specified at the time of the appointment and shall not carry rights beyond that limitation.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWL 10.01 Types of appointments

The fixed term academic staff appointment shall be used in filling positions where there is no assurance of continuing need or permanent funding for the position. The fixed term appointment shall be used only when any of the following circumstances prevail:

(1) When the position is clearly known to be of temporary duration (such as in replacements for sick leave, leaves of absence, and sabbaticals), or

(2) When the position has temporary funding not anticipated to be available beyond a given period of time, or

(3) When the position has a history of unstable program revenue funding, or

(4) When the position is less than a full-time nine month position, or

(5) When the position is best filled by someone lacking the appropriate degree or qualification in that field of expertise, or

(6) When an instructional academic staff position does not include the full range of faculty responsibilities (teaching, research, public and University service).

Fixed term appointments may also be used to provide flexibility in operational units or programs even though needs require sustained staffing in positions over time.

Fixed term appointments for individuals hired under conditions 1 or 2 shall be for the term of the replacement period or for the funding period.

The probationary appointment shall meet one of two basic criteria: (1) the position is stable in that it is supported by state funds and is considered permanent in nature, or (2) the position incorporates functions considered important enough so that the possibility of attaining an indefinite appointment is needed in order to attract quality candidates. On an annual basis the Chancellor shall report to the Academic Staff Council the names, positions and appointment status of all academic staff to insure that positions are not created by use of fixed term rather than probationary appointment.

Appointment letters shall specify the position, the unit and the operational areas as defined by the Academic Staff Council bylaws.

UWS 10.02 Recruitment and letter of appointment.

(1) Each institution shall develop procedures relating to recruitment of members of the academic staff. The procedures 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 department, school, and college levels to meet particular needs.

(2) The terms and conditions of the appointment shall be specified in a written letter of appointment. The appointment letter shall be signed by an authorized official of the institution and should contain details as to the terms and conditions of the appointment, including but not limited to type of appointment (fixed term, probationary or indefinite), duration of the appointment (starting date, ending date), salary, general position responsibilities, definition of operational area, the length of the probationary period (if appropriate) and recognition of prior service as part of the probationary period (if appropriate). Accompanying this letter shall be an attachment detailing institutional and system regulations, rules, and procedures relating to academic staff appointments. If the appointment is subject to the approval of the board, a statement to this effect must be included in the letter. An amended letter of appointment should be sent in situations where a significant change in position responsibility occurs.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWL 10.02 Recruitment and letter of appointment.

(1) To insure that there is no unlawful discrimination, recruiting procedures shall observe the federal and state statutes and UW System Rules and Guidelines pertaining to affirmative action in the recruitment of Academic Staff.

(2) Appropriate administrative officers shall solicit from units position descriptions and other relevant data for academic staff vacancies. Such officers shall be responsible for approving positions descriptions and for authorizing recruitment. Notices of the position vacancy shall be distributed by the appropriate administrative officers, and other appropriate administrative officers.

(3) The unit shall have responsibility for careful screening of all applications received and for the recommendation of candidates to be invited to the campus for interviews. The unit's peer review and judgment shall be the operative step in the recruiting process. In the case of creation of a new unit, appropriate academic administrative officers shall give consideration to the judgment of the academic staff in related units.

(4) Each fall semester the appropriate administrative officer shall distribute to heads of the units such instructions and sample record forms to facilitate compliance with affirmative action obligations and procedures as well as budgetary requirements.

(5) Each year the Affirmative Action Office shall provide appropriate administrative officers and operational areas with the current utilization of women and minorities. Where under utilization exists, operational areas shall be required to establish affirmative action goals for the hiring of women and/or minorities prior to the initiation of recruitment efforts.

(6) The units shall schedule interview dates and times with the appropriate administrative officers.

UWS 10.03 Appointments policies.

(1) Fixed term appointments. Each institution of the system may employ academic staff members on fixed term appointments. Such appointments shall be for a fixed term to be specified in the letter of appointment, are renewable solely at the option of the employing institution, and carry no expectation of reemployment beyond their stated term, regardless of how many times renewed. The initial fixed term appointment may include a specified period of time during which the appointee may be dismissed at the discretion of the authorized official. Such a dismissal is not subject to the provisions of ch. UWS 11. Unless otherwise specified, fixed term appointments shall be for a period of one year. Each institution shall develop policies and procedures for the use of such appointments. The policies and procedures of each institution shall specifically treat the issue of job security including appropriate due process protections in the case of nonreappointment for those fixed term academic staff members who have served the institution for a substantial period of time. Such policies and procedures shall be formulated so as to meet the continuing needs of the institution while at the same time recognizing the employment commitment and contribution to the institution provided by such fixed term academic staff members.

(2) Indefinite and probationary academic staff appointments. Indefinite appointments and probationary academic staff appointments shall be authorized by the chancellor or designee.

(a) Probationary academic staff appointments.

    1. Each institution of the system may appoint selected members of the academic staff to probationary academic staff appointments leading to review and a decision on an indefinite appointment. Each institution shall adopt procedures to govern such appointments. These procedures shall provide for appropriate counting of prior service, for a maximum probationary period not to exceed 7 years for a full-time position, for annual appraisal of performance, and for an affirmative review process prior to the end of the probationary period resulting in promotion to an indefinite appointment or termination of the appointment. A longer maximum probationary period may be provided for part-time appointees. Unless otherwise specified, probationary appointments shall be for a period of one year. An indefinite appointment is not acquired solely because of years of service.

    2. A leave of absence shall not constitute a break in continuous service, nor shall it be included in the probationary period under sub. (1).

    3. Circumstances that do not constitute a break in continuous service and that shall not be included in the 7-year period include responsibilities with respect to childbirth or adoption, significant responsibilities with respect to elder or dependent care obligations, disability or chronic illness, or circumstances beyond the control of the academic staff member, when those circumstances significantly impede the academic staff member's progress toward achieving indefinite status. It shall be presumed that a request made under this section because of responsibilities with respect to childbirth and adoption shall be approved. A request shall be made before an indefinite status review commences under sub. 1. A request for additional time because of responsibilities with respect to childbirth or adoption shall be initiated in writing by the academic staff member concerned and shall be submitted to a designated administrative officer who shall be authorized to grant a request following consultation with the academic staff member's supervisor and who shall specify the length of time for which the request is granted. Except for a request because of responsibilities with respect to childbirth and adoption, a request made because of other circumstances under this section shall be submitted to a designated administrative officer who shall be authorized to grant a request in accordance with institutional policies. A denial of a request shall be in writing and shall be based upon clear and convincing reasons. More than one request may be granted because of responsibilities with respect to childbirth or adoption. More than one request may be granted to a probationary academic staff member but the total, aggregate length of time of all requests, except for a request because of responsibilities with respect to childbirth or adoption, granted to one probationary academic staff member ordinarily shall be no more than one year. Each institution shall develop procedures for reviewing the requests.

    4. If any academic staff member has been in probationary status for more than 7 years because of one or more of the reasons set forth in sub. 2. or 3., the academic staff member shall be evaluated as if he or she had been on probationary status for 7 years. Example: An academic staff member has been on probationary status for a total of 9 years because the academic staff was granted 2 requests under sub. 3. for one-year extensions because of the birth of 2 children. The academic staff member's record of performance shall be evaluated as if the academic staff had only 7 years to work towards achieving indefinite status, rather than as if the academic staff member had been working towards achieving indefinite status for 9 years.

(b) Indefinite appointment. An indefinite appointment is an appointment with permanent status and for an unlimited term, granted by the chancellor to a member of the academic staff. Such an appointment is terminable only for cause under ch. UWS 11 or for reasons of budget or program under ch. UWS 12. Such an appointment may be granted to a member of the academic staff who holds or will hold a half-time appointment or more. The proportion of time provided for in the initial indefinite appointment may not be diminished or increased without the mutual consent of the academic staff member and the institution unless the appointment is terminated or diminished under ch. UWS 11 or 12. Each institution shall adopt procedures to govern indefinite appointments including provisions for annual appraisal of performance.

History: Cr. Register, October, 1975, No. 238, eff. 11 - 1 -75; renum. (2) (a) to be (2) (a) 1. and am., cr. (2) (a) 2. to 4., Register, February, 1994, No. 458, eff. 3-1-94.

UWL 10.03 Appointment policies.

(1) Fixed Term Appointments: Fixed term appointments shall be for a definite period of time specified in the letter of appointment. They are renewable solely at the option of the employing institution and carry no expectation of reemployment beyond the stated term regardless of how many times renewed. The initial fixed term appointment may include a period of up to two months during which the appointee may be dismissed without appeal at the discretion of the authorized official. If such period of evaluation is used, the letter of appointment must so state. A dismissal during this period is not subject to the provisions of UWS 11.

Unless otherwise stated, fixed term appointment of .50 F.T.E. or greater shall be for a period of one year. The use of fixed term appointments is restricted according to section 10.01 of these local rules.

A fixed term academic staff appointee with a 50% or more appointment who is reappointed after four years of continuous service shall receive at minimum, a two-year rolling horizon contract, if his/her performance is determined to be appropriate and there is reasonable certainty that the position will be continued and that resources for the position will continue to be available. The rolling term appointment shall be for a specified time period set forth in the letter of appointment. Notice shall be given annually that 1) the appointment shall be extended another year, 2) the rolling horizon contract will not be extended but the appointee shall be given an appointment for a fixed term, or 3) the appointment shall not be renewed. If the appointment is not renewed, notice shall be given according to the time specified in UWS 10.05. If an academic staff member with a rolling horizon contract is notified that the contract will not be extended but that the appointee shall be given an appointment for a fixed term or that the appointment shall not be renewed, the appointee may request written reasons for the decision from the decision maker. Such a request must be made within 10 working days of the issuance of the notice (20 calendar days if notice is by first class mail and publication). If a request is made, the decision maker shall issue the written reasons for the decision within 10 working days of receipt of the request. These time lines may be extended only by the mutual consent of the parties. The written reasons shall be included in the appointee's personnel file in the Office of Human Resources & Diversity.

After seven years of continuous service fixed term academic staff members with a 50% or more appointment shall receive at a minimum a three-year rolling horizon contract is his/her performance is determined to be appropriate and there is reasonable certainty that the position will be continued and that resources for the position will continue to be available. Notice shall be given annually that 1) the appointment shall be extended another year, 2) the rolling horizon contract will not be extended but the appointee shall be given an appointment for a fixed term, or 3) the appointment shall not be renewed. If the appointment is not renewed, notice shall be given according to the time specified in UWS 10.05. If an academic staff member with a rolling horizon contract is notified that the contract will not be extended but that the appointee shall be given an appointment for a fixed term or that the appointment shall not be renewed, the appointee may request written reasons for the decision from the decision maker. Such a request must be made within 10 working days of the issuance of the notice (20 calendar days if notice is by first class mail and publication). If a request is made, the decision maker shall issue the written reasons for the decision within 10 working days of receipt of the request. These time lines may be extended only by the mutual consent of the parties. The written reasons shall be included in the appointee's personnel file in the Office of Human Resources & Diversity.

In instances of nonrenewal because of budget or program reductions, the institution shall devote its best efforts to ensure that such staff members be considered for opening within the institution for which they qualify for three (3) years.

(2)(a) Probationary Appointments: A probationary academic staff appointment is one leading to review and a decision on indefinite appointment. The probationary period at the University of Wisconsin-La Crosse shall not exceed seven years for full-time academic year staff members and academic year staff members. Up to and not exceeding three years of prior service at another institution may be counted in the probationary period. The initial letter of appointment shall clearly state the amount of prior service to be counted.

(2)(b) Indefinite Appointments: Indefinite appointments may be made prior to the end of the probationary period, or, in some cases, without a probationary period.

Affirmative Review Process for Indefinite Appointment:

    1. A decision on indefinite appointment must be made at least one year prior to the end of the probationary period. The authorized official (in most cases the unit head or immediate supervisor) must notify the probationary academic staff member in writing at least thirty days prior to the review conference at which promotion to indefinite appointment is to be considered. The academic staff member may review all pertinent files and may submit additional written material as he/she deems relevant. He/she may also make a personal presentation.

    2. The recommendation of the authorized official for change of status to indefinite appointment shall be forwarded to the dean or division head within five working days of the conference. If the dean or division head decides against recommendation to indefinite appointment, the procedures for non-renewal (UWL 10.04) shall be followed.

Annual Performance Review: Every academic staff member shall undergo performance evaluation annually. The results of the evaluation shall be made available to the academic staff member and provision shall be made for the academic staff member to respond formally for the record to the results of the evaluation. At the time of appointment the academic staff member shall be provided a copy of the position description and criteria of evaluation which apply to his/her position. The description and criteria shall be developed and annually revised (as necessary) by the supervisor in consultation with the staff and the supervisor's immediate superior. Instructional academic staff shall be annually evaluated in accordance with faculty personnel rules. (See UWS 3.05 and UWL 3.05) Their letters of appointment shall stipulate that such annual evaluations are required.

UWS 10.04 Nonrenewal of probationary academic staff appointments.

(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.

(2) Findings as to the validity of the appeal shall be reported to the official making the nonrenewal decision and to the appropriate dean or director and the chancellor.

(3) Such report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration by the decision maker, a reconsideration by the decision maker under instructions from the hearing body, or a recommendation to the next higher administrative level. Cases shall be remanded for reconsideration by the decision maker in all instances unless the hearing body specifically finds that such a remand would serve no useful purpose. The hearing body shall retain jurisdiction during the pendency of any reconsideration.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWL 10.04 Nonrenewal of Probationary Academic Staff Appointments.

In making a decision of nonrenewal, the authorized official shall inform the appointee at least one year prior to the end of the probationary period to allow time for possible reconsideration and appeal and adequate notice of non-renewal.

(1) The Right to Reconsideration at the lowest level where a nonrenewal recommendation (decision) is made: An authorized official who makes a recommendation of nonrenewal shall formulate and retain written reasons for the decision. If the staff member wishes reasons he/she shall request them in writing within ten working days. Written reasons shall be provided the staff member within ten working days of the receipt of the written request. The reasons then become part of the official personnel file of the staff member. If the staff member wishes a reconsideration of the initial nonrenewal recommendation, he/she shall request a reconsideration meeting in writing within five working days of the receipt of the copy of the reasons.

The meeting for reconsideration with the authorized official shall be held within ten working days of the receipt of the request. The academic staff member shall be notified a minimum of three working days prior to the meeting. At the reconsideration meeting, the two principals shall be present. Each principal may choose up to two members of the university community to be present also. The third parties present may question either party and make comments to them. They shall file a report of the reconsideration meeting with the authorized official and the staff member. In later appeals such third parties may be called as witnesses. The academic staff member may make a personal presentation at the reconsideration meeting. The reconsideration meeting shall be held in accordance with the requirements of the open meetings law in Wisconsin.

At the meeting for reconsideration, the academic staff member is entitled to present documentary evidence. The reconsideration is not a hearing nor an appeal. Its only purpose is to allow the academic staff member an opportunity to persuade the authorized official to change the recommendation of non-renewal by challenging the stated reasons and/or by offering additional evidence. The burden of proof is on the person requesting the reconsideration. This reconsideration proceeding shall occur at the lowest level where a nonrenewal recommendation was made.

Following the reconsideration, the authorized official shall forward a recommendation to his/her immediate supervisor with written reasons. The recommendations, with written reasons, shall also be sent to the employee under consideration within one week of the reconsideration.

(2) The appeal of the NonRenewal Decision: An appointee who is not reappointed by the chancellor or his designee shall receive notice of nonrenewal. Within one week the appointee may request of the chancellor written reasons for nonrenewal. If so requested, the chancellor shall transmit written reasons within one week. The reasons then become part of the off