Unclassified Personnel Rules
Wisconsin Administrative
Code
University of Wisconsin System/University of Wisconsin-La Crosse
The University of Wisconsin System portion of the Administrative
Code is indicated by UWS. UW-La Crosse has provided a
further definition, specific to our campus and this in indicated
by UWL.
Chapter 6: Complaints and Grievances
UWS 6.01 Complaints.
The faculty of each
institution, with the approval of the chancellor, shall
establish rules and procedures to deal with allegations by the
administration, students, academic staff members, other faculty
members, classified staff members, or members of the public
concerning conduct by a faculty member which violates university
rules or policies, or which adversely affects the faculty
member's performance of his/her obligation to the university but
which allegations are not serious enough to warrant dismissal
proceedings under
ch. UWS 4. Such rules and
procedures shall include, but not necessarily be limited to, the
following:
(1) Review of and
administrative action on the complaint by the chancellor.
Administrative action may include dismissing the complaint,
invoking an appropriate disciplinary action, or referring the
complaint to the standing faculty committee created under sub.
(2).
(2) Provision for a hearing
before a standing faculty committee selected by the faculty of
each institution in such manner as they shall determine. Such
hearing shall be held at the request of the chancellor or, if
the chancellor invokes a disciplinary action, at the request of
the faculty member concerned.
(3) Guarantee of adequate
due process to include, but not limited to, written notification
of the complaint, fair and complete hearing procedures, written
statement of findings, transmittal of findings to the faculty
member involved and appropriate administrative officials within
a reasonable period of time, and prohibition of further jeopardy
for the same alleged misconduct after a final decision.
(4) Delineation of the
powers of the faculty committee to make recommendations to the
chancellor concerning disciplinary action, to recommend
dismissal of the complaint, or to recommend referral of the
complaint to the appropriate department or administrative
officer.
(5) The decision by the
chancellor on the recommendations of the committee, or on the
complaint in the absence of committee recommendation, shall be
final except that the board at its option might grant a review
on the record.
History: Cr. Register, January, 1975,
No. 229, eff. 2-1-75.
UWL 6.01 Complaints.
(1) In an effort to reach
informal resolution, problems concerning the improper conduct of
faculty members should initially be addressed at the level
(department/unit, college or university) where the problem
originated. If the parties cannot resolve the problem, either
party may present the problem to the chancellor. At this stage,
the problem shall be classified a complaint requiring both
review and action by the chancellor. In unusual cases, the
problem may be immediately classified a complaint and presented
to the chancellor without attempts at informal resolution.
(2) The standing faculty
committee to hear complaints against faculty members shall be
Committee on Complaints, Grievances, Appeals and Academic
Freedom, as established by Faculty Senate Bylaws. The chancellor
or a designated administrative representative shall be
responsible for drafting the formal complaint, gathering
documentary evidence, and securing witnesses. The chancellor
shall initiate the hearing process by submitting the formal
complaint and the supporting materials (letters, memos,
evidence, preliminary findings, etc.) To the CGAAF Committee. If
the chancellor invokes a disciplinary action or concurs with a
previous disciplinary action, the disciplined member may request
a hearing of the complaint by the CGAAF Committee. The burden of
proof in a complaint shall rest with the chancellor or the
designated administrative representative.
(3) The Faculty Senate
Bylaws shall specify the guarantees of due process and procedure
for the fair hearing of a complaint. The CGAAF Committee may
establish additional rules and guidelines regarding hearings.
The informal resolution of faculty conduct problems should
ordinarily be completed during the semester in which the problem
surfaces. Formal complaints shall be filed with the CGAAF
Committee within 30 days beyond the end of the semester in which
they are alleged to have occurred. If the chancellor's action
invokes or continues a disciplinary action in a complaint case
without a hearing, the disciplined faculty member may request a
hearing of the complaint by the CGAAF Committee. This request
shall be made within 20 days of notice of the chancellor's
decision (25 days if notice is by first class mail). Such a
hearing shall be held no 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 CGAAF Committee.
(4) (a) At least two-thirds
of the members hearing the case must concur in a finding of
misconduct and in a recommendation of severe sanctions if such a
finding and recommendation are to be reported to the chancellor.
Otherwise, a finding of no serious misconduct warranting severe
sanctions shall be reported. The committee may by majority vote
of those hearing the case recommend a minor sanction. If the
committee finds sanctions are not warranted, it shall recommend
dismissal of the complaint. But the committee may recommend
referral to appropriate officials or groups for informal
resolution of remaining issues.
(b) Procedures:
1.
The committee shall transmit its findings of fact and
recommendations in writing to the chancellor and faculty member
involved within 10 days after the conclusion of its proceedings.
2. Following the
final decision of the chancellor, the faculty member involved
shall not be charged again for the same instance(s) of alleged
misconduct.
3.
Within 10 days after the transmittal of the findings and
recommendations of the committee, the faculty member or the
complainant may file written objections with the chancellor.
4.
Any objections must be based solely on the record as
developed at the hearing before the committee.
5.
The chancellor shall render a decision as soon as
practical after the expiration of this second 10 day period and
shall transmit the decision to the faculty member, the
complainant and the committee. If the chancellor does not accept
the committee recommendation, he/she shall provide the committee
with a written statement of the reasons for his/her
disagreement. Failure to accept the committee's recommendations
should be rare and the reasons compelling.
6.
In exceptional cases, the parties involved in the
complaint may request the Board to grant a review on the record.
(UWS 6.01(5))
UWS 6.02 Grievances.
The faculty of each
institution shall designate a committee or other appropriate
faculty body to hear faculty grievances under rules and
procedures established by the faculty of the institution in
conjunction with the chancellor. The committee or faculty body
shall have the power to conduct hearings and fact-finding
related to the grievance and to recommend solutions to the
grievance to the chancellor. If the committee or other body
makes recommendations to the chancellor, the chancellor shall
act on the recommendations within 30 days. The decision by the
chancellor on the recommendation of the committee, or on the
grievance in the absence of committee recommendation, shall be
final except that the board, upon petition of a grievant or the
committee or other faculty body, may grant a review on the
record.
UWL 6.02 Grievances.
(1) The faculty committee
to investigate grievances of faculty members shall be the
Committee on Complaints, Grievances, Appeals, and Academic
Freedom, as authorized by the Faculty Senate Bylaws.
(2) A grievance is a
personnel problem involving a faculty member's expressed feeling
of unfair treatment or dissatisfaction with aspects of his/her
working conditions within the university which are outside
his/her control and which are not covered by other personnel
rules. A grievance relates to such matters as academic freedom,
salaries, promotions, assignment of teaching duties, assignment
of space or other facilities, and unethical or improper action
by administrators. In a grievance a faculty member claims
substantial personal harm and seeks redress for himself or
herself.
(3) In an attempt to reach
informal resolution, faculty problems concerning unfair and
improper working conditions should initially be addressed at the
level (department/unit, college or university) where the problem
originated. If the parties cannot resolve the grievable problem
or if the faculty member wishes to appeal the informal
resolution, the faculty member may petition in writing the
Committee on Complaints, Grievances, Appeals, and Academic
Freedom for redress. In unusual cases, the grievance may be
presented to the committee without attempts at informal
resolution.
(4) The faculty member who
grieves is responsible for preparing the grievance petition, for
documenting evidence, and for securing witnesses. The written
petition shall set forth in detail the nature of the grievance,
shall identify parties to the grievance and, at the option of
the grievant, may include a statement describing appropriate
redress. The grievant shall initiate the grievance process by
submitting the petition along with the supporting materials
(letters, memos, data, evidence, preliminary findings, etc.) to
the CGAAF Committee. The burden of proof in a grievance shall
rest with the faculty member who has filed the grievance.
(5) The informal resolution
of problems involving unfair treatment or improper working
conditions should ordinarily be completed during the semester in
which the problem surfaces. Formal grievances shall be filed
with the CGAAF Committee within 30 days beyond the end of the
semester in which they are alleged to have occurred. The
resulting hearing shall be held no later than 20 days after the
grievance is filed except that this time limit may be extended
by mutual consent of the parities or by order of the CGAAF
Committee.
(6) Submission of a
grievance petition shall not automatically entail investigation
or detailed consideration thereof. The committee shall have the
right to decide whether or not the facts merit a formal hearing.
The committee may reject the case if the petition is seriously
flawed; if the alleged personal harm is not substantial, or if
the grievant has not made a good-faith effort toward informal
resolution.
(7) The Faculty Senate
Bylaws shall specify the guarantees of due process and procedure
for the fair hearing of a grievance. The CGAAF Committee may
establish additional rules and guidelines regarding hearings.
(8) The committee shall
report its findings and recommendations to the chancellor, to
the Executive Committee of the Faculty Senate, to the grievant,
and to all parties to the grievance within ten days after the
conclusion of its proceedings.
(9) Within ten days after
the transmittal of the findings and recommendations of the
committee, a party to the grievance may file written objections
with the chancellor. Any objections must be based solely on the
record as developed at the hearing before the committee.
(10) The chancellor shall
render a decision as soon as practical after the expiration of
this second ten day period, but no later than 30 days following
receipt of the committee's recommendation(s), and shall transmit
the decisions to the grievant, to the party against whom the
grievance has been filed, to the Faculty Senate Executive
Committee, and to the CGAAF Committee. If the chancellor does
not accept the committee recommendation, he/she shall provide
the Faculty Senate Executive Committee and the CGAAF Committee
with a written statement of reasons.