Academic Staff Personnel Rules
The Academic Staff Personnel Rules covers policies and procedures unique to Academic Staff (AS). They are grounded in Wisconsin State Law, specifically Chapter 36, and the University of Wisconsin Board of Regents Policy. Questions regarding these rules should be directed to the Chair or other membership of the UW-W Academic Staff Assembly.
For information on university-wide policies such as FMLA, telecommuting or the Employee Assistance Program, please refer to Human Resources.
Last Ratified: 4/13/2022
Personnel Rules
Section 1: Overview
1.01 Authority
Under the authority established by Wisconsin State Statutes ( Chapter 36) and administered under the University of Wisconsin System Board of Regents allows that these Policies and Procedures set forth here apply to all academic staff appointments at the University of Wisconsin-Whitewater.
1.02 Delegation
The academic staff at each institution within the University of Wisconsin System have the right and primary responsibility to advise the chancellor and be represented in the development of all policies and procedures concerning academic staff members, including academic staff personnel matters ( Wis. Stats Section 36.09(4m), and UWS 9.02). At the University of Wisconsin -Whitewater, these responsibilities are the purview of the Academic Staff Assembly. A full description of the structure and responsibilities of the Academic Staff Assembly can be found in the University Handbook under the section entitled: Academic Staff Constitution and By-Laws.
1.03 Definition of Academic Staff
(a) Academic Staff are defined as “professional and administrative personnel, other than faculty and university staff, who have duties and are subject to types of appointments that are primarily associated with institutions of higher education and their administration” ( Wis. Stats Section 36. 05 (1), and UWS 1.01).
(b) Instructional Academic Staff (IAS) are hired or assigned to teach a college-credit course and/or perform comparable duties to those of teaching faculty members. Instructors must meet the instructor qualifications as set forth in the UW-W Faculty Personnel Rules III.H.1.
Academic staff does not include, nor do these rules cover, the following: (1) persons holding tenure or probationary faculty appointments defined under UWS 1.04 and UWS 3.01; (2) university staff employees ; (3) persons on limited appointments under UWS 15.01 ; and (4) other appointments as defined in UWS 16.01.
Preferred nomenclature is Academic Staff and Instructional Academic Staff.
1.04 Other Definitions
(a) Operating division
A grouping of departments and/or administrative units headed by a dean or functional equivalent.
(b) Operational area
The school, division, college, department (or functional equivalent) or specified research or program unit of UW-W indicated in the letter of appointment.
(c) Business Days
Business day is defined as the standard office hours established by UW System policy.
Last Ratified: 4/13/2022
Section 2: Personnel Files
2.01 Official Personnel File
The Office of the Provost or Vice Chancellor shall maintain the official personnel file for each academic staff member. The contents and information contained in such personnel files will be kept confidential and will be released only upon request of the academic staff member. The file is available to the individual academic staff member with the exception of letters of recommendation received on a confidential basis.
Last Ratified: 4/13/2022
Section 3: Recruitment
3.01 Recruitment
Approval to fill all vacancies or create new positions on campus is given by the Chancellor or designee. Deans and/or Directors first request approval from their respective Division Heads based on staffing plan determinations within their supervisory area, then the staffing plan/request must be approved by the Chancellor or designee based on funding, FTE, etc. Prior to recruitment, the hiring authority, generally the supervisor, will prepare a position justification and position description, and will seek approval from the director or dean as well as the division head to move forward. This will include, at a minimum, an explanation and review of the duties to be performed, minimum qualifications for the position, a description of budgetary commitment and the desired appointment type to be hired. The hiring authority will then work with Human Resources & Diversity staff to identify the appropriate position title as necessary and develop a recruitment plan according to system and campus recruitment policy and practice directives.
Additional information can also be found in UW System Recruitment Policy 1275.
Qualifications for academic staff positions are based on the duties to be performed. For the Lecturer title, hiring and recruitment qualifications follow the requirements established by the UW-W Faculty Senate. Briefly stated, any academic staff hired to teach a credit-bearing course at UW-W must hold a Master’s degree, or higher, in the discipline or subfield associated with the course(s) to be taught. For graduate-level courses, academic staff must hold the terminal degree determined by the discipline and have a record of research, scholarship or achievement appropriate for the graduate program associated with the course(s).
All hiring practices at UW-W are consistent with UW System, Board of Regents and UW-Whitewater policy and state and federal laws with respect to equal employment opportunities.
See Also:
- Section 4: Appointments
- Section 6: Contracts
- Section 16: Dismissal for Cause
- Section 18: Non-renewal
Last Ratified: 4/13/2022
Section 4: Appointments
4.01 Types of Appointments
Under Wis. Stats Section 36.15(1a-b), academic staff may be appointed to either an “Administrative” or a “Professional” position. The difference between the two relates to the nature of duties assigned. This distinction is descriptive and is not relevant or applicable to these personnel rules.
Academic staff appointments can be fixed term, probationary or indefinite (UWS 10.01; Wis. Stats Section 36.15, Wis. Stats). Pursuant to 36.09.3a and UWS 10.02, the Chancellor at each institution has the authority to determine which appointment types will be offered at their respective institution. The terms and conditions of the appointment shall be specified in the appointment letter (UWS 10.02.2). Any amendments to appointment type shall be specified in the letter of appointment (UWS 10.02.2).
The type of appointment shall be determined in part by the type of program and in part by the likelihood of continued funding. However, neither the type of program alone nor the funding source shall automatically determine the type of appointment.
4.01 (a) Fixed Term Appointments.
Fixed term appointments (UWS10.03(1)) are for a specific period of time, specified in the appointment letter. These appointments are renewable solely at the discretion of UW-W, but do not carry the expectation of reemployment beyond their stated term, regardless of how many times they have been renewed. Fixed term appointments may include a specified period of time, the evaluation period, during which the appointee may be dismissed at the discretion of the authorized official. Unless otherwise specified, fixed term appointments shall be for a period of one year.
4.01 (b) Probationary Appointments.
A probationary appointment is one that leads, after review and decision, to an indefinite appointment ( UWS 10.03(2)(a)). An initial probationary appointment may include a trial period of up to two months during which the appointee may be dismissed without appeal at the discretion of the appointing authority. The probationary appointment term with UW-W shall not be less than one or greater than seven years of full-time equivalent service. The determination of conversion to an indefinite appointment shall be based on an affirmative review and annual appraisal of performance. An indefinite appointment is not acquired solely because of years of service.
At the conclusion of a probationary appointment, an academic staff who has not been granted an indefinite appointment may not normally be reappointed on a fixed term basis within the same operational area. Exceptions may be made by the Chancellor consistent with UW System Policies and after seeking advice from the Academic Staff Assembly and the appropriate Dean or Director. If such a change occurs, previous probationary service shall not be lost and shall continue if the academic staff member returns to a probationary appointment.
In all cases, an absence of leave or break in continuous service associated with 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 shall not constitute a break in continuous service for the purposes of indefinite appointment consideration ( UWS 10.03(2)(a)(2); UWS 10.03(2)(a)(3)).
4.01 (c) Indefinite Appointments
An indefinite appointment is an appointment with permanent status and for an unlimited term ( UWS 10.03(2)(b)). These appointments can be granted after hire by the Chancellor to a member of the academic staff holding a half-time or more appointment ( UWS 10.03(2)(b). The notice of indefinite appointment shall define the operational area to which the academic member is assigned. Academic staff members may be granted indefinite appointment prior to the end of the probationary period, but in no case before one year of probationary service is completed.
Indefinite appointments can only be terminated for cause ( UWS 11) or for reasons of budget or program ( UWS 12). The proportion of time provided for in the initial indefinite appointment may not be increased without the mutual consent of the academic staff member and the institution nor may it be diminished unless that is done for reasons of budget or program under ( UWS 12).
4.01 (d) Limited Appointments
A limited appointment under Wis. Stats Section 36.17, is a special appointment to a designated administrative position ( UWS 15.01(1)). A limited appointment is not an academic staff appointment; however, an academic staff accepting a limited appointment shall not lose existing rights to an academic staff appointment by holding a limited appointment ( Wis. Stats Section 36.17).
A person holding a limited appointment serves at the pleasure of the authorized official who made the appointment and may be dismissed without obligation to establish cause ( UWS 15.01(1)). Wherever possible, three months notice of termination should be given if the appointee does not hold simultaneously another University appointment ( UWS 15.01(1)).
4.01 (e) Split Appointments
A split appointment occurs when an academic staff appointment, fixed, probational or indefinite, has been apportioned to more than one operational area. The operational area apportioned the majority of the appointment shall be responsible for personnel recommendations and the appointee's records. When no particular operational area has a majority designation, the appointee shall choose the area which shall be responsible for personnel recommendations and the appointee's records. In either situation, this should be specified in the appointee’s initial and any subsequent appointment letters. In decisions affecting the academic staff member, the majority department is the responsible area and shall consult all other areas in which the academic staff member is employed.
See Also:
- Section 5: Conversion
- Section 6: Contracts
- Section 8: Performance Review
- Section 12: Re-Appointment
- Section 16: Dismissal for Cause
Last Ratified: 4/13/2022
Section 5: Conversion
5.01 Conversion of Appointment
In accordance with the UWS 10.03(1) requirement to “treat the issue of job security”, an academic staff member on a fixed term appointment of at least 50 percent time whose primary responsibility is teaching and/or research, and who, regardless of date of first appointment, has been re-employed for more than seven consecutive years in the same department, school, college, or division may be considered for probationary appointment, as defined in UWS 10.3.2a, or indefinite appointment, as defined in UWS 10.03.2.b. Recommendations regarding probationary or indefinite appointments shall be made to the Provost and Vice Chancellor or the department in which the staff member has primary responsibility in accordance with the performance review procedures and criteria specified in Section 8.
The determination on conversion to probationary or indefinite appointments is not made solely based upon of years of service. The decision shall be determined in part by the type of program and in part by the likelihood of continued funding. However, neither the type of program alone nor the funding source shall automatically determine the type of appointment.
5.01(a) Appointment to Probationary Appointment
An academic staff member on a fixed term appointment may accept a probationary appointment. Up to, but not exceeding, five years of full-time equivalent service in a fixed term appointment at the University of Wisconsin-Whitewater may be counted in the probationary period. The letter of appointment must clearly state the amount of prior service to be counted.
5.01(b) Conversion to Indefinite Appointment
For academic staff on a probationary appointment, the decision to convert to an indefinite appointment shall be made no later than the end of the sixth year of probationary service. Academic staff who have been re-employed for more than seven consecutive years in the same department, school, college, or division may apply for conversion to an indefinite appointment. The supervisor shall notify a probationary academic staff member in writing twenty (20) business days prior to the review conference at which the application for conversion to an indefinite appointment will be considered. The academic staff member may review their official personnel file, may submit additional written material, and may also make a personal presentation. The meeting at which the presentation is made shall be closed unless an open meeting is requested by the academic staff member. The deliberations and preparation of findings and recommendations will be closed.
A review conference shall be held before a review committee, selected by the dean or division head, which shall consist of the immediate supervisor, representatives of all indefinite academic staff appointees and faculty representatives from the academic staff member's operational area. Should the dean or division head be the immediate supervisor, then the Provost and Vice Chancellor shall select the committee. The review committee shall file a report which includes committee findings and recommendations to the dean or division head. Such a report must be made within ten (10) business days of the close of the review conference.
Should the dean or division head decide against recommendation to indefinite appointment, the academic staff member under review for indefinite appointment shall be notified in writing within fifteen (15) business days of the conference. The reasons for recommendation against indefinite appointment shall be given in writing to the person under review if requested. Should the academic staff member feel there has been a violation of the federal or state constitution, a federal or state law, an employment contract, or a University or UW System policy, a grievance may be filed under Section 15.
Within ten (10) business days of receipt of recommendation from the review committee, the dean or division head will forward the recommendation for promotion to indefinite appointment to the Chancellor. Upon receipt of the recommendation from the dean or division head, the Chancellor shall inform the academic staff member in writing of the decision regarding promotion to indefinite appointment status. However, if the decision results in non-renewal of the academic staff member, the academic staff member shall be informed in writing by the Chancellor, within twenty (20) business days of receipt of the recommendation, of the date of non-renewal and the academic staff member's rights to request a written explanation and to make an appeal under Section 15. The decision of the Chancellor regarding promotion to indefinite status is final.
5.01 (c) Conversion to Tenure Track
An academic staff member on a fixed term, probationary, or indefinite appointment of at least 50 percent time, regardless of date of first appointment, who has been re-employed for more than seven consecutive years in the same department, school, college, or division, and whose primary responsibility is teaching and/or research, may be considered for conversion to a tenure track or tenured faculty appointment at the grade appropriate to the individual's qualifications, in accordance with UWS 3.01(c). Up to three (3) of the years of the individual's service under fixed term, and/or probationary, and/or indefinite appointment may be applied to the probationary period for tenure. Recommendations regarding conversion to tenure track or tenured faculty appointment shall be made to the Provost and Vice Chancellor by the department in which the staff member has primary responsibility.
Any academic staff holding an appointment converted to tenure track must meet the qualifications and criteria established by the UW-W Faculty Senate.
See Also:
Last Ratified: 4/13/2022
Section 6: Contracts
6.01 Contracts
Following the initial hiring contract, a new contract will be issued within the notification period specified in Sections 12 and 18. The exact timing of issuance will be based on the submission of the re-hire notification by the department, Director or Chair, to the Dean or Vice Chancellor and then to Human Resources & Diversity. Typically, for staff whose primary role is instruction (Lecturers), new contracts will be issued in the spring for the following academic year.
If an academic staff member is hired into a different position title at UW-W, regardless of years of service, an evaluation period typically of one year will be included in the first contract issued for the new position title. Evaluation periods are not included for contracts issued after an academic staff member’s position has been re-titled.
In those instances where the language of contracts and appointment letters need to be changed, the appropriate administrative unit will work with the ASA to develop the new language. As per Wis. Stat. § 36.09(4m), this collaboration with ASA will occur before any language changes are implemented.
6.01(a) Letter of Appointment and Reappointment
The terms and conditions of the appointment shall be specified in a written letter of appointment signed by the Chancellor or designee. Reappointment letters are sent after the Chancellor or designee has obtained the peer and supervisory consultation deemed appropriate in each operational area.
The appointment letter shall contain details as to the terms and conditions of the appointment, including, but not limited to, the following:
- Title and type of appointment
- Duration of appointment
- Length of evaluative period (if applicable)
- Salary
- Definition of operational area and supervisor
- General position responsibilities
- Functional area (for purposes of review procedures)
- Statement of need for approval by the Board of Regents (if applicable)
A link to the UW-W Academic Staff Personnel Policies and Procedures will accompany the letter of appointment. Letters shall be sent to reappointed academic staff members by the Chancellor or designee annually and shall include any changes in the points above. If a significant change in the existing conditions of the appointment occurs during the appointment period, these changes and the new conditions should be specified in writing at least ten (10) business days prior to the change.
See Also:
- Section 4: Appointments
- Section 5: Conversion
- Section 8: Performance Review
- Section 12: Re-Appointment
- Section 16: Dismissal for Cause
Last Ratified: 4/13/2022
Section 7: Salary
7.01 Salary
All positions in the UW System are assigned a salary range based on their title. As stated in Sections 2, position titles are determined based on duties performed and are assigned prior to recruitment. Salary ranges are updated periodically by UW System. Adjustments to Academic Staff base salaries can also occur as the result of re-titling (see Section 14), promotion of Lecturers (see Section 13), performance or an adjustment initiated by a supervisor or department. In addition, as Wisconsin State employees, academic staff are also eligible for raises approved by the Wisconsin State Legislature.
See Also:
Last Ratified: 4/13/2022
Section 8: Performance Review
8.01 Performance Review
A performance evaluation and review program are desirable and necessary conditions of employment. These tools assist employees in improving job performance, career development, and their work situation. They also assist supervisors in providing motivation and improving utilization of employees. At UW-W, the format and conduct of performance reviews shall be flexible and tailored to meet the goals of individual supervisors and employees.
8.01(a) Fixed Term
Academic staff on fixed term appointment shall have an annual review conference with the dean, division head or other authorized official. These reviews take place within a specified time frame (see below). After review, a written evaluation based on the conference shall be provided to the employee by the reviewing official within ten (10) business days of the conference, and the academic staff member shall have the right to respond in writing within ten (10) business days of the receipt of the review. Both documents shall be filed in the official personnel file of the academic staff member.
i. Academic Staff.
In the case of fixed term appointments of less than one year, the review conference shall precede the termination date specified in the letter of appointment by at least one month.
ii. Lecturer Title
Academic staff holding the Lecturer title will be reviewed following the identical procedures used by their department to review probationary faculty. If the contractual terms specify otherwise, then criteria for evaluation shall be restricted to the provisions of the contractual terms. Instructional academic staff receive their review prior to March 1st in the first two years of appointment and prior to December 1st thereafter.
8.01(b) Probationary Appointment
An academic staff member on probationary appointment shall have an annual review conference with the dean, division head, department chairperson or other authorized official. A written evaluation based on the conference shall be provided to the employee by the official within ten (10) business days after the conference, and the academic staff member shall have the right to respond in writing within ten (10) business days of the receipt of the written evaluation. Both documents shall be signed and filed in the official personnel file of the academic staff member.
8.01(c) Indefinite Appointment
An academic staff member on indefinite appointment shall have an annual review conference following procedures providing for written evaluation and the right to respond in writing, both documents to become part of the official personnel file of the academic staff member.
See Also:
- Section 4: Appointments
- Section 5: Conversion
- Section 6: Contracts
- Section 12: Re-Appointment
- Section 16: Dismissal for Cause
Last Ratified: 4/13/2022
Section 9: Outside Activities
9.01 Outside Activities
Outside activities are those activities of an academic staff member which are of an extensive, recurring or continuing nature outside of University responsibilities during the period of employment.
9.01(a) Outside Activities Policy
Policies and procedures governing outside activities are intended to ensure adherence to all normal UW-W responsibilities on the part of academic staff members while permitting and encouraging their broad participation in public service or endeavors related to their fields of interest. Outside activities should not interfere with or compete with an existing UW-W program or activity or frustrate the development of a valid UW-W program or service, nor should they be in such a number or of such intensity that they interfere with the performance of the individual's responsibilities to UW-W.
9.01(b) Absence from Regular Institutional Duties
Absence from institutional duties shall be reported in advance to the immediate supervisor. Absence for personal illness shall be governed by the existing sick leave policy. Absences for official University business, for professional reasons, or for participating in public service activities, shall be excused provided appropriate arrangements are made for covering professional responsibilities. Absences for emergency reasons such as illness of a member of the family, or other compelling reasons, are excused with the understanding that if possible, the academic staff member should get approval of the supervisor and make arrangements for covering professional responsibilities. Absence from institutional duties because of private outstanding activities shall be charged against vacation time or shall result in loss of pay for the time missed, except for extraordinary occasions in which the academic staff member receives permission for such absences from the supervisor.
9.01(c) Reporting of Outside Activities
At any time academic staff members are scheduled to serve as expert witnesses in legal proceedings, or as staff, adviser, or consultant to granting agencies, they shall report such activities to the Chancellor through normal channels.
All academic staff members shall report in writing to the supervisor any outside activities. Whenever possible, such activities shall be reported prior to their being undertaken. It is the responsibility of academic staff members to consult with their immediate supervisors when they are in doubt as to whether or not an outside activity warrants formal reporting.
Should the supervisor make the evaluation that outside activities are interfering with the academic staff member's performance, a written opinion shall be given to the academic staff member explaining why the outside activities are deemed excessive.
Should the supervisor's evaluation be questioned by the academic staff member, the academic staff member may appeal for further review by filing a complaint as outlined in Section 15. The Review Committee will hear the academic staff member's justification for outside activities and review the reasons given by the supervisor for considering the activity excessive or improper and forward its recommendation to the Chancellor. The Chancellor will have all decision-making authority.
9.01(d) Use of University Facilities for Outside Activities
The use of University facilities for outside activities shall be subject to the established UW-W rules for the use and rental of University facilities to non-University groups.
See Also:
Last Ratified: 4/13/2022
Section 10: Professional Development
10.01 Professional Development
UW-W understands the importance of continued support and development in maintaining the professional and academic excellence of its personnel.
10.01(a) Individual Funding
Depending on available funding, each academic staff member is provided a standard minimum amount of funding to be devoted to professional development. In addition, some departments may also provide supplemental funds. The process of accessing and, if appropriate, applying for funding varies by department. Available funding is determined by the Chancellor's Office prior to the beginning of the academic year and cannot be carried over from year to year.
10.01(b) Academic Staff Development Grants
Academic staff with a .50 or more appointment are eligible to apply for an Academic Staff Development Grant administered through the Office of Research and Sponsored Programs. Pending available funding, this grant program provides funding to academic staff to pursue activities/projects that enhance their professional development. Primary focus of funding is to enhance individual skills, knowledge, and effectiveness as well as to contribute to improving program sustainability and specific university priorities. The application process for this grant is established by the Academic Staff Assembly Professional Development Grant committee in conjunction with the Office of Research and Sponsored Programs. More information and availability can be obtained from the Office of Research and Sponsored Programs.
Last Ratified: 4/13/2022
Section 11: Awards
11.01 Awards
The University of Wisconsin-Whitewater believes it is important to recognize staff excellence. Each year deserving academic staff are recognized for their scholarly creative and/or service achievements to the institution.
11.01(a) Campus Awards
Each year, UW-W honors two academic staff for their service to campus. These awards recognize the excellence performance, outstanding achievement, initiative and creativity of one Instructional and one Non-Instructional staff. Any academic staff employed 50 percent of the time or more, and who have not received the Award in the preceding three years is eligible to apply or be nominated. The application process is established by the Academic Staff Assembly Awards committee.
(b) Regents Awards
The University of Wisconsin Board of Regents offers multiple awards for academic staff. The purpose of the awards is to recognize the dedicated work, vital services, and outstanding contributions of the UW System’s non-instructional academic staff. More information can be found at: https://www.wisconsin.edu/regents/regent-awards/regents-academic-staff-excellence-awards/. The application process is established by the Academic Staff Assembly Awards committee.
Last Ratified: 4/13/2022
Section 12: Re-Appointment
12.01 Re-Appointment
All decisions to re-appoint academic staff, regardless of category, shall be made in accordance with UW System, Board of Regents, UW-Whitewater policies as well as the policies presented herein. After successfully completing their evaluative period, if specified in the appointment letter, there is no limit to the number of times academic staff may be re-appointed.
12.01(a) Notice Periods
Notification of re-appointment must be made within a timeframe that aligns with the non-renewal process addressed in Section 18. For fixed term appointments this should be at least three months before the end of the appointment in the first two years and six months thereafter. When the appointment letter for a fixed term appointment states that renewal is not intended, the notification period shall be made at least one month prior to the conclusion of their appointment.
For probationary appointments this should be at least three months before the end of the first year, six months before the end of the second year and twelve months thereafter.
For the Lecturer title, notification of re-appointment will occur as soon as is practical prior to the conclusion of their appointment if the appointment letter states that renewal is not intended.
All fixed term appointments are renewable solely at option of the University of Wisconsin – Whitewater.
See Also:
- Section 5: Conversion
- Section 6: Contracts
- Section 12: Re-Appointment
- Section 15: Complaints & Grievances
- Section 16: Dismissal for Cause
Last Ratified: 4/13/2022
Section 13: Promotion
13.01 Instructional Academic Staff Promotion
UW-W maintains a promotion process for academic staff with the position title of lecturer. All lecturers will become eligible for promotion based on years of service [eligibility and criteria including years of service, degree as well as activities including teaching, professional development, service, and scholarship]. Any questions regarding whether the years of service requirement has been met should be referred to the Office of Human Resources and Diversity.
Per the ASA By-Laws, the ASA Promotions Committee structures and administers the promotions process for academic staff. Promotion is a privilege, based upon qualifications exceeding established minimal criteria and is recommended by an informed collective peer judgment. All candidates should understand clearly that eligibility status and departmental and college recommendation does not assure or imply that a promotion will be made. Members of the ASA Promotions Committee will evaluate each promotion candidate on their activities including teaching, professional development, service, and scholarship. The primary promotions evaluation emphasis will be placed on teaching, however, increased activities beyond teaching are expected at the highest levels of promotion. Refer to the Instructional Academic Staff Promotions website (https://www.uww.edu/asa/grants-and-awards/academic-staff-promotions) for the Promotions Committee Evaluation Rubric.
Applications for promotion are considered annually and, if successful, go into effect at the start of the applicant’s next academic year contract. The monetary amount of the salary increase for promotion to each level will be determined annually by the chancellor and is based upon the amount of promotion funds available. Promotion increases are a permanent base salary adjustment. The promotion application process is established by the Promotions Committee in conjunction with the Academic Staff Assembly, the Provost’s Office and the Office of Human Resources and Diversity.
13.01(a) Promotion Eligibility
13.01(a)(i) Lecturer 1 to Lecturer 2
• Possess a completed master’s degree OR a bachelor’s degree plus a professional credential recognized in the field as an advanced level of competence.
• Be in at least the third year of full-time equivalent service with the business title of Lecturer 1 at UW-Whitewater.
• There is no minimum service time in Lecturer 1 for Lecturers holding a recognized terminal degree at the time of hire.
13.01(a)(ii) Lecturer 2 to Senior Lecturer
• Meet all requirements for promotion to Lecturer 2.
• Be in at least the third year of full-time equivalent service with the business title of Lecturer 2 at UW-Whitewater.
• There is no minimum service time in Lecturer 2 for Lecturers holding a recognized terminal degree at the time of promotion. However, that applicant must have at least three continuous years of full-time, or the equivalent, service as a Lecturer 1 at UW-Whitewater before being eligible for promotion to Senior Lecturer.
13.01(a)(iii) Senior Lecturer to Distinguished Lecturer
• Possess a recognized terminal degree, by the time of Promotion.
• Meet all requirements for promotion to Senior Lecturer.
• Be in at least the third year of full-time equivalent service with the business title of Senior Lecturer at UW-Whitewater.
13.01 (b) Promotions Timetable
Promotion Timetable for Instructional Academic Staff Promotions
Action By | Action to Take | Action Given to | Typical Timeline* |
---|---|---|---|
Department Chairs | Alerts Instructional Academic Staff of eligibility for promotion | Instructional Academic Staff | First Wednesday in October |
Academic Staff Member | Submit portfolio to Personal Application Folder | Department chair | Third Wednesday in December |
Department/Chair | Submits recommendation to Personal Application Folder | Dean | Third Wednesday in January |
Dean | Submits recommendation to Personal Application Folder | Academic Staff Assembly Instructional Academic Staff Promotions Committee | First Wednesday in February |
Academic Staff Assembly Instructional Academic Staff Promotions Committee | Reviews applicant materials | Academic Staff Assembly Promotions Committee Chair | End of the Second Full Week of February |
Academic Staff Assembly Promotions Committee Chair | Forwards promotions packets, which include application materials, scores, recommendations, and rankings justifications | Provost | End of the Third Full Week of February |
Chancellor | Approves promotion/business title change and notifies candidates via letter (including base salary increase if applicable) and cc's Human Resources & Diversity, Department Chair, Dean and Provost, and sends spreadsheet of approved candidates |
Academic Staff Assembly Promotions Committee Chair, Applicant, and Human Resources & Diversity |
Late March/early April |
Academic Staff Assembly Promotions Chair | Announcement of Promotions to ASA | First ASA meeting after Chancellor approval | |
Human Resources & Diversity | Human Resources & Diversity updates Directory with new business title and title and base salary in HRS | Prior to start of Fall semester |
* The ASA Promotions Committee will publish the actual due dates for each academic year on the promotions web page.
13.02 Promotions Decision Appeal Process
Each promotion candidate has the right to appeal a negative decision of their promotion application. Within seven days of receiving the written reasons for a negative decision from the ASA Promotions Committee, the candidate may, by writing to the ASA Chair, appeal the recommendation per Section 15.02 (d) through the Academic Staff Review Committee. The promotions appeals process does not allow the inclusion of new materials either in the promotion application or in the appeals document.
See Also:
- Section 2: Personnel Files
- Section 14: Titling (Refer to Section 14 for more information regarding the business titles associated with the Lecturer 1, Lecturer 2, Senior Lecturer, and Distinguished Lecturer business titles)
- Section 15: Complaints & Grievances
Ratified: 4/13/2022, Updated 9/28/2022
Section 14: Titling
14.01 Titling
All academic staff positions are assigned an official title prior to being recruited and hired. This title places the position within the UW System Job Titles & Standard Job Description and corresponds with the type of work and duties executed. Academic staff titles can vary greatly but most Instructional Academic Staff are assigned the Lecturer title. In either case the title assigned to a position controls the salary range for the position. Note that in some cases a position may also have a separate “Business” title to help correlate the position to jobs outside of higher education.
When new academic staff positions are created or if duties and responsibilities of an existing position change by more than 50%, the position must be reviewed by the Titling Committee. The purpose of this review is to ensure that all positions align fairly and accurately with the UW System Job Titles & Standard Job Description. If the proposed changes to an existing position are considered by the Titling Committee to warrant a new title, one will be assigned at that time. All title assignment decisions are the responsibility of the Titling Committee.
14.01(a) New / Vacant Positions
Given the changing nature of higher education, it is not uncommon for vacant positions to be redesigned before being re-hired. In these situations, the Dean, Director or Division Head will initiate a position review with the Office of Human Resources and Diversity. This review will include a comparison of similar positions at UW-W to ensure consistency and parity of title assignment. Following the completion of this review, the new position will be submitted to the Titling Committee for review.
14.01(b) Occupied Positions
Titling reviews for occupied positions can be requested by either the supervisor or the incumbent staff. If the supervisor initiates the request, it must be forwarded to the Dean/Division Head for review and comment before being sent to the Provost’s Office for consideration.
Titling review is initiated by the occupant of the position, it must be first submitted to the immediate supervisor for review and comment, and then forwarded to the Dean/Division Head for review and comment. All employee initiated Titling Review requests must be forwarded to the Provost’s Office for consideration by the Titling Committee, regardless of supervisor and/or Dean/Division Head approval.
Academic staff members of the Titling Committee in conjunction with the Office of Human Resources and Diversify will establish procedures for titling or re-titling vacant positions.
14.01(c) Business Title
14.01(c) (i) Lecturer 1:
A lecturer 1 is one who independently teaches a course(s) subject to broad guidelines describing the scope of the subject matter to be taught and the topics to be covered. Effective classroom delivery, assessment and grading are the primary duties expected of lecturers at this level. Lecturer 1 is the usual initial rank for new instructional academic staff hires.
14.01(c) (ii) Lecturer 2:
At this level, a lecturer 2 has the experience and academic qualifications needed to develop and teach a course(s) subject to broad guidelines describing the scope of the subject matter to be covered. At this level, a Lecturer 2 may be involved in various instructions related activities. These may include undergraduate advising, assisting in developing lab safety protocols, course scheduling, curriculum development, participating in departmental outreach programs or instructional activities.
14.01(c) (iii) Senior Lecturer:
A Senior Lecturer has extensive teaching experience and subject matter expertise in an academic discipline. A lecturer at this level has gained a reputation among their peers for demonstrably sustained superior contributions to teaching within a department or division. Involvement with committees engaged in supporting this development is typical. However, the direct delivery of instruction is the primary responsibility of this title.
14.01(c) (iv) Distinguished Lecturer:
A Distinguished Lecturer performs at a level of proficiency typically requiring extensive experience and advanced knowledge and skills. The expertise of an academic staff member at this level is commonly recognized by their peers and through a reputation that extends beyond their work unit. A Distinguished academic staff member is expected to develop new approaches, methods or techniques to resolve problems with little or no expert guidance and to cope independently with new, unexpected or complex situations. At this level, an academic staff member can be expected to guide or train other academic staff or to oversee their work.
See Also:
Ratified: 4/13/2022, Updated 9/28/2022
Section 15: Complaints & Grievances
The University of Wisconsin-Whitewater strives to foster an environment of respect for all members of the university community. There may however, be times when an employee may have concerns regarding their work environment. In addition to these Academic Staff Personnel Rules, university-wide policies concerning the fair and just treatment of staff and students can be found at UW-Whitewater Policies
15.01 Definitions
15.01 (a) Complaint
A complaint is a written allegation by persons other than the academic staff member's supervisor, including administrators, students, other academic staff, faculty, university staff or members of the public concerning conduct by an academic staff member which violates University rules or policies, or which adversely affects the staff member's performance or obligation to the University but which allegation may not be serious enough to warrant dismissal proceedings under UWS /11.
15.01 (b) Grievance
A grievance is a personnel problem involving an academic staff member's written allegation of a violation of the federal or state constitution, a federal or state law, an employment contract, or a University or UW System policy.
15.01 (c) Subjects
The complainant is the person complained against whom the complaint or grievance is filed. The grievant is the person alleging the complaint or grievance.
15.01 (d) Informal Settlement
Before seeking a remedy through the complaint/grievance procedure as outlined in 15.02 an academic staff member is strongly advised to discuss the complaint or grievance with the immediate supervisor to settle the matter informally. If the academic staff member is dissatisfied with the response of the immediate supervisor a written statement of the complaint/grievance should be submitted to the dean or division head seeking an informal settlement. Any settlement arrived at informally must be included in a written statement from the immediate supervisor, dean or division head to the academic staff member.
15.02 Complaint / Grievance Procedure
15.02 (a)
The written complaint or grievance shall contain a clear and concise statement of the alleged incident or violation, as defined above. The date the incident or violation took place, the reason(s) the party believes the alleged incident or violation warrants review, the relief sought and the party's signature must be included in the statement.
15.02 (b)
The party shall present the written statement to the appropriate officer in the Human Resources and Diversity (HR&D) Office within five (5) business days after becoming aware of the cause for complaint/grievance. The HR&D Officer will provide notification within 24-48 hours to the appropriate parties. Within fifteen (15) business days, of receipt of the complaint/grievance, HR&D, or designee, will investigate the claim and either resolve the situation or determine the process that will lead toward a resolution. This resolution will be provided, in writing, to both the Complainant and the Grievant, and their supervisors, within ten (10) business days.
15.02 (c)
If either the Complainant or the Grievant are dissatisfied with the resolution they may, within 5 business days, request an appeal from either the Chair of the Academic Staff Assembly or the Chief Human Resources and Diversity Officer. The request for an appeal must include:
- A copy of the original complaint/grievance,
- A copy of the HR&D's recommendation, and
- A statement explaining why the supervisor's response is not satisfactory.
15.02 (d)
Within ten (10) business days of receipt of the request for appeal, the Chair of the Academic Staff Assembly and the Chief Human Resources and Diversity Officer will consult to consider convening the Academic Staff Review Committee (see Academic Staff By-Laws, Chapter 2 Article 1, Section I). If it is deemed necessary to convene the Academic Staff Review Committee, the Chief Human Resources and Diversity Officer will inform both parties in writing.
The Academic Staff Review Committee will constitute the hearing body for complaints and grievances.
15.02 (e)
The Review Committee chairperson shall meet with the Review Committee within ten (10) business days of receipt of the complaint/grievance.
15.02(e) i
If complaint/grievance procedures have not been followed as outlined herein the process may be invalid, and individual(s) responsible will be held accountable to the Review Committee and the individual's supervisor, dean, division head, provost and vice chancellor and/or chancellor.
15.02(e) ii
Where procedures have been followed, the Review Committee shall arrive at a decision and notify the parties within fifteen (15) business days of the first meeting of the Review Committee.
The decision may include the following recommendations:
- No further action is warranted,
- Other possible course(s) of action,
- A hearing before the Review Committee.
15.02 (f)
If a hearing is necessary, the Committee shall set a date for the hearing to take place within fifteen (15) business days from the decision to conduct a hearing. The party bringing the complaint/grievance and the academic staff member will be notified of the hearing date at least five (5) business days in advance. Both parties in the complaint/grievance hearing may bring up to three (3) additional persons to support their positions. In all hearings, the burden of proof shall be on the party who filed the complaint/grievance.
15.02 (g)
Within five (5) business days of the conclusion of the hearing the Review Committee shall notify the Chair of the Academic Staff Assembly and the Chief Human Resources and Diversity Officer of the committee's decision. The Chief Human Resources and Diversity Officer shall inform, in writing, both the Complainant and the Grievant of decision within five (5) business days of receiving this notification.
15.02 (h)
Should either party be dissatisfied with the response of the Review Committee, a Final determination may be requested from the Chancellor within fifteen (15) business days of receiving notification of the Review Committee’s decision.
15.02 (i)
After reviewing all relevant documents, the Chancellor, or designee, shall return a written statement, including reasoning and any applicable statutes to the academic staff member, the dean, division head provost, Chair of the Academic Staff Assembly and the Chief Human Resources and Diversity Officer stating the chancellor's decision within thirty (30) business days.
The decision of the chancellor is final.
See Also:
Last Ratified: 4/13/2022; Grammatical Update: 2/22/2023 BJ
Section 16: Dismissal for Cause
16.01 Dismissal for Cause
Members of the academic staff are entitled to enjoy and exercise all rights of United States citizens and to perform their duties in accordance with appropriate professional codes of ethics. This policy shall be observed in determining whether or not just cause for dismissal exists. The burden of proof of the existence of just cause for a dismissal is on the administration.
A member of the academic staff holding a probationary or fixed term appointment, regardless of position title, and having completed their evaluative period as stated in the letter of appointment, may be dismissed prior to the end of the contract term only for just cause under this chapter or for reasons of budget or program (see Section 17). A non-renewal or non-reemployment of an appointment is not a dismissal under this section.
A dismissal shall not become effective until the individual concerned has received a written notification of specific charges and has been offered an opportunity for a hearing before the appropriate dean or division head. If such hearing is requested, a determination of just cause and notification of dismissal shall be made by the dean or division head. If no hearing is requested the dismissal is affected by the specifications in the original notification of charges.
The hearing before the dean or division head shall provide the academic staff member with an opportunity to present evidence and argument concerning the allegations. Dismissal shall be effective immediately on receipt of written notification of the decision of the dean or division head unless a different dismissal date is specified by the dean or division head.
Dismissals for cause shall be appealable to the Academic Staff Review Committee. The burden of proof as to the existence of just cause on appeal shall be on the administration. The provisions and procedural guarantees stated below shall constitute the appeal proceeding. In no event, however, shall a decision favorable to the appellant extend the term of the original appointment. If a proceeding on appeal is not concluded before the appointment expiration date, the academic staff member concerned may elect that such proceeding be carried to a final decision. Unless such election is made in writing, the proceeding shall be discontinued at the expiration of the appointment.
If the Chancellor ultimately decides in favor of the appellant, salary lost during the interim period between the effective date of dismissal and the date of the Chancellor's decision or the end of the contract period, whichever is earlier, shall be restored. In those cases, where the immediate supervisor of the academic staff member concerned is a dean or division head, the Chancellor shall, to avoid potential prejudice, designate an appropriate administrative officer to act for the dean or division head under this section.
16.01 (a) Responsibility for Charges
Whenever the Chancellor receives a written allegation which concerns an academic staff member which appears to be substantial and which, if true, might lead to dismissal, the Chancellor shall request within twenty (20) business days that the appropriate dean or division head investigate the allegation, offer to discuss it formally with the individual, and provide information of rights to which members of the academic staff are entitled under this chapter. If such an investigation and discussion does not result in a resolution of the allegation, and if the allegation is deemed sufficiently serious to warrant dismissal, the dean or division head shall prepare a written statement of specific charges. A member of the academic staff may be dismissed only after receipt of such a statement of specific charges and, if a hearing is requested by the academic staff member, after a hearing held in accordance with the provisions of this chapter shall apply. In those cases where the immediate supervisor of the academic staff member concerned is a dean or division head, the Chancellor shall, to avoid potential prejudice, designate an appropriate administrative officer to act for the dean or division head under this section.
Any formal statement of specific charges shall be served personally, by email or by certified mail, return receipt requested.
16.01 (b) Hearing Privilege
Pursuant to filing a formal statement of specific charges by the dean or division head under Section 6.02 of this document which may warrant dismissal action against an academic staff appointee, the appointee has the privilege of requesting a hearing.
16.01 (c) Hearing Body
The Academic Staff Review Committee is charged with hearing dismissal cases and making a report and recommendations. The Academic Staff Review Committee shall operate as the hearing agent for the Chancellor pursuant to Section 227.09, Wis. Stats., and conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence and transmit such record and summary along with its recommended findings of fact and decision to the Chancellor according to Section 6.09 of this document.
16.01 (d) Hearing
The staff member must request a hearing within twenty (20) business days from the service of the statement of charges twenty-five (25) business days if notice is by first class mail and publication). The request for a hearing shall be addressed in writing to the appropriate Academic Staff Review Committee. The hearing shall be held not later than twenty (20)business days after the request, except that this time limit may be extended by mutual consent of the parties or by order of the appropriate Academic Staff Review Committee. Service of written notice of hearing on the specific charges shall be provided at least ten (10) business days prior to the hearing.
In order to assure due process, an academic staff member whose dismissal for cause is sought shall be guaranteed the following for defense at a hearing:
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- A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought;
- A right to be heard in their defense;
- A right to counsel and/or other representatives, and to offer witnesses;
- A right to confront and cross-examine adverse witnesses;
- A verbatim record of all hearings, which might be a sound recording, provided at no cost;
- Written findings of fact and decision based on the hearing record;
- Admissibility of evidence governed by Wis. Stats Section 227.45(1) to (4)
16.01 (e) Due Process
In order to assure due process, an academic staff member whose dismissal for cause is sought shall be guaranteed the following for defense at a hearing:
- A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought;
- A right to be heard in their defense;
- A right to counsel and/or other representatives, and to offer witnesses;
- A right to confront and cross-examine adverse witnesses;
- A verbatim record of all hearings, which might be a sound recording, provided at no cost;
- Written findings of fact and decision based on the hearing record;
- Admissibility of evidence governed by Wis. Stats Section 227.45(1) to (4)
16.01 (f) Procedures for Hearing
Upon receipt of a hearing request, the chairperson of the Academic Staff Review Committee shall call a meeting of the full membership and the following procedural guarantees shall be observed:
- Any person who participated in the investigation of allegations leading to the filing of a statement of charges, or in the filing of a statement of charges, or who is a material witness shall not be qualified to participate as a member of the hearing body;
- The hearing shall be closed unless the staff member under charges requests an open hearing, in which case it shall be open (see sub. ch. IV, Ch.19, Wis. Stats., Open Meeting Law);
- The hearing body shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges;
- The burden of proof of the existence of just cause is on the administration or its representatives;
- If a staff member whose dismissal is sought has requested a hearing, discontinuance of the proceeding by the institution is deemed a withdrawal of charges and a finding that the charges were without merit;
- Nothing in paragraph (6) shall prevent the settlement of cases by mutual agreement between the administration and the staff member, with the Chancellor's approval, at any time prior to a final decision by the Chancellor; or when appropriate, with the Board's approval prior to a final decision by the Board;
- Adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made;
- The committee may, on motion of either party, disqualify any one of its members for cause by a majority vote. Upon request, any of the committee members may be disqualified for cause by a majority vote of the members. If one or more of the hearing committee members is disqualified, the remaining members may select a number of replacements equal to the number who have been disqualified to serve;
- If the Academic Staff Review Committee requests, the Chancellor shall provide legal counsel. The function of legal counsel shall be to advise the committee, consult with them on legal matters, and such other responsibilities as shall be determined by the committee within the provisions of the policies and procedures adopted by the institution; and
- If the Academic Staff Review Committee requests, the Chancellor shall supply personnel assistance to provide a verbatim record as required under Section Section 16.01e of this document.
16.01 (g) Recommendations to the Chancellor
Notwithstanding Section 16.01f of this document, the final deliberation of the hearing committee in the formulation of its recommendation will be in closed meeting as provided by sub. Ch. IV, Ch. 19, Wis. Stats. The hearing committee will allow for a minority report in all of its recommendations.
The hearing committee shall send to the Chancellor, the academic staff member, CHR&DO and Chair of Academic Staff Assembly within 10 days of the conclusion of a hearing, a verbatim record of the testimony and a copy of its report, findings, and recommendations. After reviewing the matter on record and considering arguments submitted by the parties, the Chancellor shall issue a decision. In that decision, the Chancellor may order dismissal of the staff member, may impose a lesser disciplinary action, or may find in favor of the staff member. This decision shall be deemed final unless the Board of Regents, upon request of the academic staff member, grants review based on the record.
16.01 (h) Suspension from Duties
Pending the final decision as to dismissal, the academic staff member shall not be relieved of duties, except where, after consultation with the appropriate dean or division head, the Chancellor finds that substantial harm may result if the staff member is continued in their position. Where such determination is made, the staff member may be relieved of their position immediately, or be assigned to another operational area, however the staff member's salary shall continue until the Chancellor reaches their final decision.
16.01 (i) Date of Dismissal
A decision by the Chancellor ordering dismissal shall specify the effective date of the dismissal.
16.01 (j) Review by Board of Regents
A member of the academic staff on indefinite appointment who has been dismissed for cause by the Chancellor following a hearing may appeal this action to the Board of Regents. Any appeal must be made within thirty (30) days of the date of the decision of the Chancellor to dismiss. Upon receiving an appeal, the Board shall review the case on the record. Following such an appeal the Board may sustain the Chancellor's decision, or direct a different decision, or approve a further hearing before the Board with an opportunity for filing exceptions to the Academic Staff Review Committee's recommendations or the Chancellor's decision and for oral argument on the record. If further review with opportunity for oral argument on the record is provided, this review shall be closed unless the staff member requests an open hearing. (See sub. ch. IV, Ch. 19, Wis. Stats., Open Meeting Law.) All decisions of the Board, whether after review on the record or after oral argument, shall be expressed in writing and shall indicate the basis for such decision.
See Also:
Last Ratified: 4/13/2022
Section 17: Layoff
17.01 Layoff for Reasons of Budget or Program
Notwithstanding Wis. Stats. 36.15, the Chancellor or designee may layoff a member of the academic staff holding an indefinite appointment, or may layoff a member of the academic staff holding either a fixed term or a probationary appointment prior to the end of the appointment period, when such action is deemed necessary due to budget or program decision requiring program discontinuance, curtailment, modification or redirection. Program decisions made pursuant to a change in the level of resources available for a particular project shall be discussed by the Chancellor or designee with such committee or committee representatives as may be specified by policies and procedures for such purposes as set forth in Section 17.01(b) of this document.
Decisions affecting individuals shall be communicated to the affected persons by the Chancellor or designee together with a description of the change in available resources which has required the layoff decision. Nonrenewal of a fixed term appointment, even if for financial reasons, is not a layoff for reasons of program or budget.
17.01 (a) Layoff
For the purpose of this chapter "layoff" is the suspension or reduction of an academic staff member's employment by the University of Wisconsin System during the appointment period for reasons of budget or program. A laid-off academic staff member retains the rights specified in the Academic Staff Personnel Policies. For the purpose of Wis. Stats Section 36.21 , termination occurs at the time of layoff.
Non-renewal of an academic staff appointment is not a layoff but is addressed under Section 18.
17.01 (b) Consideration and Consultation of Layoff Decisions
Layoff decisions for reasons of budget or program shall not be made without consultation with the Academic Staff Assembly, and the dean or division head of the operational area, in addition to such other institutional committees and individuals as the Chancellor or designee deems appropriate for such purposes, unless there are compelling reasons to the contrary. Prior to the consultation, the Chancellor or designee shall provide budget detail on program decision showing the need to layoff a specified number of personnel; criteria applied in determining the operational unit or units which have been designated for reduction in positions; criteria applied in determining that a member of the academic staff, rather than other personnel, should be subject to layoff; and criteria to be applied within the operational area in determining the individual or individuals who will be affected by the reduction in academic staff positions. After consideration, this group shall advise the Chancellor or designees concerning the advisability of the proposed layoff plan and feasible alternatives to it.
17.01 (c) Individual Layoff Decision
When a reduction in program of a particular area is required, layoffs of academic staff members with indefinite, fixed term, or probationary appointments should normally follow seniority. This presumption in favor of seniority may be overcome where program needs indicate other considerations (e.g., the need to maintain specific expertise within the program or operational area). The standard notice periods specified in Section 18.01(a) should be used, unless there are compelling reasons to the contrary (e.g., almost immediate cutoff of funds), for layoff of probationary and fixed term appointments under this chapter.
17.01 (d) Alternatives in Lieu of Layoff
The Chancellor or designee shall strive to secure alternative appointment within the University in positions for which the staff to be laid off are qualified under existing criteria. The Chancellor or designee should seek to provide financial assistance for academic staff members who have indefinite appointments and who are to be laid off to adapt within the operational area or within another operational area of the institution where such adaptation is feasible within one year.
17.01 (e) Hearing Body
The hearing body for purposes of this chapter shall be the appropriate Academic Staff Review Committee, as described in Section 15. This hearing body shall operate as the hearing agent for the Chancellor pursuant to Wis. Stats Section 227.45(1) to (4), and conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence and transmit such record and summary along with findings of fact and decision to the Chancellor.
In consideration of individual layoff cases, academic staff committee members must be disqualified if they participated in the layoff process leading to the layoff of the academic staff member, or if they are material witnesses in the case. On the motion of either party in a case, any additional member of the committee may be disqualified for cause by a majority vote of the members. Upon request, any of the committee members may be disqualified for cause with the consent of the majority of the committee.
If any committee member is disqualified, the remaining members shall select a replacement by majority vote from among the academic staff.
17.01 (f) Review and Hearing
An academic staff member with a fixed appointment, probationary or indefinite appointment, having completed their evaluative period, whose position is to be eliminated shall, upon request made within 20 days after such notification, be given a written statement of the reasons for the decision within fifteen (15) business days, including a statement of the reasons for the determination that the budgetary or program needs should be met by curtailing is discontinuing the program in which the individual concerned works. If the academic staff member requests in writing within twenty (20) business days after receipt of said statement, the staff member shall be entitled to a hearing before the hearing body. However, such a request for hearing shall not forestall a layoff under this section.
The request for hearing shall specify the grounds to be used in establishing the impropriety of the decision. The staff member shall be given at least (10) business days’ notice of such hearing. Such hearing shall be held not later than twenty (20) business days after the request except that this time limit may be extended by order of the hearing body.
The academic staff member shall be guaranteed the following minimal procedural safeguards at the hearing:
- Access to the names of witnesses and to the evidence upon which the administration intends to rely to support the decision to layoff;
- A right to be heard in defense;
- A right to counsel and/or other representatives, and to offer witnesses;
- A right to confront and cross-examine adverse witnesses;
- A verbatim record of all hearings, which might be a sound recording, provided at no cost.;
- Written findings of fact and decision based on the hearing record;
- Admissibility of evidence governed by Wis. Stats Section 227.45(1) to (4);
- The hearing shall be closed unless the staff member whose position is to be eliminated requests an open hearing, in which case it shall be open (see sub. ch. IV, Ch. 19, Wis. Stats., General Duties of Public Officials); and
- Adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made.
If the Academic Staff Review Committee requests, the Chancellor shall provide legal counsel. The function of legal counsel shall be to advise the committee, consult with them on legal matters, and carry out such responsibilities as shall be determined by the committee. If the committee requests, the Chancellor shall also supply personnel assistance to provide a verbatim record.
The first question to be considered in the review is whether one or more of the following factors improperly entered into the decision to layoff;
- Conduct, expressions or beliefs on the staff member's part which are constitutionally protected or actions which are consistent with an appropriate professional code of ethics;
- Employment practices prescribed by applicable state or federal law; or
- Improper consideration of the qualifications of the staff member. For the purposes of this section, "improper consideration" occurs if material prejudice resulted from any of the following:
- The procedures required by the Chancellor or Board were not followed;
- Available data bearing materially on the quality of the staff member's actual or potential performance were not considered; or
- Unfounded, arbitrary or irrelevant assumptions of fact were made about work or conduct.
The staff member shall present evidence on whether one or more of the factors specified above improperly entered into the decision to lay off. The hearing body shall then consider whether the evidence presented established a prima facie case that such factor or factors did enter significantly into the layoff decision. If the hearing body finds that a prima facie case has not been established, the layoff decision shall be found to have been proper and the hearing shall be ended.
If the hearing body finds that a prima facie case has been established, the appropriate administration officer for the operational area shall be entitled to present evidence to support the layoff decision, and thereafter, the staff member may present evidence in rebuttal. Thereafter, on the basis of all the evidence presented, the hearing body shall make its determinations as follows:
-
- The hearing body shall first consider whether one or more of the above specified factors improperly entered into the decision to lay off. Unless the body is convinced that such factor or factors did improperly enter into that decision, the body shall find the decision to have been proper;
- If the hearing body is convinced that such factor or factors entered into the decision to layoff, then the body shall find that decision to be improper, unless the body is also convinced that there was a bona fide program or budgetary reason and that the determination of such reason was made in the manner prescribed by and in accordance with the procedures developed in Section 15.
In determining whether a bona fide budgetary or program reason existed for layoff of the appointment of the academic staff member concerned, the hearing body shall presume that the decision to curtail the program was made in good faith and for proper reasons. The hearing body shall not substitute its judgment or priorities for that of the administration.
If the hearing body finds that the layoff was improper, it shall report this decision and its recommendation to the Chancellor and to the staff member. The Chancellor shall review the matter and notify the hearing body and academic staff member of the decision. This decision shall be deemed final unless the Board of Regents, upon request of the academic staff member, grants review based on the record.
17.01 (g) Layoff Status
An academic staff member whose position has been eliminated according to the provisions of this chapter may, at the end of the appropriate notice period, be placed on layoff status, unless the layoff notice has been rescinded prior to that time. The academic staff member whose notice period has expired and who is placed on layoff status shall remain on layoff status until:
For fixed term and probationary appointees, one of the following occurs:
- The appointment expires under its own terms; or
- The staff member fails to accept an alternate appointment
For an indefinite appointee, one of the following occurs:
- The staff member is reappointed to the position from which laid off. Failure to accept such reappointment would terminate the academic staff member's association with the University;
- The staff member accepts an alternative continuing position in the University. Failure to accept an alternate appointment would not terminate the academic staff member's association with the University;
- The staff member resigns;
- The staff member fails to notify the Chancellor or designee by December 1st, of each year while being on layoff status and within their appointment period, as to location, employment status, and desire to remain on layoff status shall terminate the academic staff member's association with the University; or
- A period of three years lapses.
17.01 (h) Alternative Employment
According to UWS 12.08, each institution within the University of Wisconsin System shall devote its best efforts to securing alternative appointments within the institution in positions for which staff laid off under this chapter are qualified under existing criteria. Each institution should seek to provide financial assistance for academic staff members who have indefinite appointments and who are to be laid off to readapt within the operational area or within another operational area of the institution where such re-adaptation is feasible within one year's time. Further the University of Wisconsin System shall devote its best efforts to ensure that such staff members laid off in any institution shall be made aware of openings within the System.
17.01 (i) Reappointment Rights
In compliance with Wis. Stats. Section 36.21 , in providing that where layoffs occur for reasons of budget or program no person may be hired by the University within three years to perform reasonable comparable duties to those of the staff member laid off without first offering the staff member on layoff status reappointment without loss of rights or status. In addition, the University shall continue for three years from date of layoff to offer the reappointment rights stated in this section to a laid off fixed term appointee whose appointment has expired under its own terms if such appointee notified the Chancellor or designee by December 1st of each year as to location, employment status and desire to pursue reappointment rights. Failure to provide such notification shall terminate the academic staff member's reappointment.
To ensure that UW-W complies with Wis. Stats. Section 36.21 . for the above, by January 1st of each year, the Chancellor shall submit an annual report to the Academic Staff Assembly of the status of the layoff positions and laid off staff members for the prior three-year period.
17.01 (j) Retention of Salary
Any academic staff member reappointed within three years after layoff to reasonably comparable duties shall be reappointed with a salary rate at least equivalent to the salary rate when laid off, together with such other rights and privileges which may have accrued during that time.
17.01 (k) Rights of Academic Staff Members on Layoff
An academic staff member on layoff status in accord with the provisions of this chapter has the reemployment rights guaranteed by Sections 17.01(h) or 17.01(i) and has the following minimal rights:
- Voluntary participation, at the staff member's expense, in all fringe benefits programs, including life, health and income continuation insurance, including the right to prepay as long as layoff status is maintained with conversion rights if still on layoff status at the end of three years; and
- Such continued use of campus facilities and participation in University activities as approved by the academic staff member's dean or division head.
See Also:
Last Ratified: 4/13/2022
Section 18: Non-Renewal
18.01 Dismissal by Non-Renewal
In the event of a non-renewal of an academic staff appointment occurs for reasons other than cause or budget the dean or division head and supervisor should start the process early enough to allow time for appeal procedures (see below) to be completed prior to the original appointment conclusion date. A non-renewed academic staff, regardless of title, must request to receive written reasons for non-renewal at the time the decision is presented. The supervisor must consult with the Office of Human Resources and Diversity and the Academic Staff Review Committee prior to presenting a non-renewal decision.
All decisions of non-renewal must be reviewed by a sub-committee of the Academic Staff Assembly Review Committee (see Academic Staff Assembly By-Laws), prior to being presented. The purpose of this consultation will be focused solely on determining whether or not University and Academic Staff Personnel Rules were followed in deciding not to renew an academic staff appointment. This sub-committee will consist of three members, at least one of which must hold the Lecturer title. Membership of this subcommittee will be chosen from the membership of the Academic Staff Assembly Review Committee based on availability, category and neutrality. No member of the subcommittee may serve on a consultation considering a staff member from his/her College or Division.
The determination of non-renewal rests with the College and Department or Division, depending, and should be consistent with the scope and direction of its programs or purview. Any academic staff member holding a fixed-term contract may be non-renewed at the end of their appointment because of:
- Funding Loss
- Budget or program decisions that require a program to be modified, redirected, curtailed or discontinued
- Unsatisfactory performance
Termination during or at the conclusion of an evaluative period is not non-renewal and is not subject to the provisions of this section.
If funding loss, budget or program decisions result in non-renewal of academic staff contracts, this shall be implemented on the basis of years of UW-Whitewater service except when program needs dictate other considerations such as the need to maintain specific expertise, responsibility levels or productivity levels.
If unsatisfactory performance results in non-renewal it is the responsibility of the supervisor, chair or dean, through consultation with the Office of Human Resources and Diversity, to inform the staff member in writing the areas of their performance deficiency and how efforts to improve performance have been unsatisfactory.
18.01(a)Notice Periods
Written notice that an academic staff appointment will not be renewed must include a statement of reasons and a notification of the right to appeal. Non-renewals due to performance considerations shall be given in advance of the expiration of the appointment as follows:
Contract Type | Years of Service (FT equivalent) | Notification* |
---|---|---|
Fixed | less than 2 year | 3 months |
2+ years | 6 months | |
Probationary | less than 2 year | 3 months |
1-2 years | 6 months | |
2+ years | 12 months |
* notifications dates are in relation to their individual contract date.
When the appointment letter for a fixed term appointment states that renewal is not intended, the notification period shall be made at least one month prior to the conclusion of their appointment.
If proper notice of non-renewal is not given in accordance with the above, the appointment shall be extended so that the required notice is provided.
A written request for appeal of a non-renewal decision must be made to the Chief Human Resources and Diversity Officer within 10 business days of the receipt of the notice. The Chief Human Resources and Diversity Officer, in consultation with the Chair of the Academic Staff Assembly, will review the non-renewal decision and provide the staff member with a written response within 15 business days. This response will be considered the definitive response, unless the matter is referred to the Academic Staff Review Committee Review Committee (see Section 15).
The Academic Staff Review Committee (see Academic Staff Assembly By-Laws) will constitute the hearing body for non-renewal appeals. Such review shall begin within 15 business days of the receipt of the request by the Chief Human Resources and Diversity Officer. Membership of this committee will consist of a sub-committee of three members of the larger Academic Staff Review Committee, with at least one must hold the title of Lecturer. Members will be chosen from the based on availability, category and neutrality. No member may serve on an appeal considering a staff member from his/her College or Division or if they participated on the Renewal Review Committee that previously considered the decision.
During a renewal appeal, the Academic Staff Review subcommittee may review documents and make inquiries as appropriate.
The burden of persuasion in a non-renewal appeal shall be on the non-renewed 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:
- Conduct, expressions, or beliefs which are constitutionally protected, or actions which are consistent with an appropriate professional code of ethics; or
- Employment practices prescribed by applicable state or federal law; or
- Improper consideration of qualifications for reappointment or renewal. For purposes of this section, "improper considerations" shall be deemed to have been given to the qualifications of the staff member in question if material prejudice resulted because of any of the following:
- The procedures required by the Chancellor or Board of Regents were not followed; or
- Available data bearing materially on the quality of performance were not considered; or
- Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.
The findings and recommended actions, if any, of the Academic Staff Assembly Review sub-committee will be presented to the Chancellor, the Chief Human Resources and Diversity Officer and the Chair of the Assembly within 30 business days of the committee’s first meeting. The Chancellor shall make all final decisions regarding resolution of the review request and will notify the Chief Human Resources and Diversity Officer and the Chair of the Assembly within 30 business days of receipt of the Non-Renewal Appeals Committee’s findings.
Time limits specified in this policy may be extended by mutual consent of the parties and the Renewal Review Committee.
See Also:
- Section 4: Appointments
- Section 5: Conversion
- Section 6: Contracts
- Section 8: Performance Review
- Section 12: Re-Appointment
Last Ratified: 4/13/2022; Grammatical Update: 2/22/2023 BJ
Section 19: Retirement
19.01 Retirement with Emeritus Status
As an employee of the UW System and the State of Wisconsin, all academic staff meeting the necessary criteria are eligible to receive the specific benefits when they retire from UW-W. Current information regarding these benefits is available from the Office of Human Resources and Diversity. Academic staff considering retirement are encouraged to incorporate this information into their planning.
In keeping with the tradition of UW-W awards can be conferred to those who have served the institution with distinction, the title of Emeritus/a. This policy applies only to academic staff who have retired from UW-W. Policies related to the statuses conferred on retired faculty and university staff are found elsewhere.
After retirement, the honorary designation of Emeritus may be conferred upon an academic staff member in recognition of sustained excellence in past contributions. This status does not confer any monetary advantages nor is it granted automatically upon retirement. Emeritus status is bestowed by the Chancellor and can be revoked at their discretion.
19.01(a) Authorization
In compliance with Board of Regents Policy 20-26 each UW Chancellor is authorized to grant an emeritus title to any faculty or staff member at their respective institution under the following conditions:
- Exceptional, distinguished service (not automatic conferral at retirement)
- Minimum of ten years of service
19.01(b) Eligibility
Any academic staff member regardless of category of contract type may be eligible for emeritus status, if they have 15 or more years of continuous full-time equivalent service at UW-Whitewater, are eligible to activate an annuity from the Wisconsin Retirement System (WRS)
19.01(c) Nomination
Any academic staff, meeting the eligibility criteria, may be nominated for Emeritus/a designation. Staff members may self-nominate. Nominations are submitted to the home department or division in which the person was employed. If the department or division feels incapable of properly evaluating the nomination, they may request the Academic Staff Assembly to evaluate the nomination instead.
Each entity, department, division or Academic Staff Assembly, may maintain their own nomination protocol but should require a brief narrative summary citing the professional accomplishment and record of university service.
Emeriti Status Nomination Process
Emeriti Status Nomination Template
19.01(d) Revocation of Emeritus Status
An emeritus title is generally awarded for a lifetime, but it may be terminated for cause. The Chancellor, in consultation with the Academic Assembly Rules Committee, shall develop a procedure that utilizes the ASA Appeals, Grievances, and Disciplinary Hearings Committee to review the revocation of emeriti status.
19.01(e) Administration of Emeriti Data
Data records related to emeritus/a population will be managed by the Alumni Center. Data will include: name, contact information, dates of employment, date of conferral of emeriti status, emeritus/a resolution, letter of conferral.
19.01(f) Privileges
In general, a UW System institution may not provide an individual granted an Emeritus/a title any salary, emolument, or special privilege that would exceed the privileges available to active employees in the same classification at the institution. The chancellor publishes the emeritus/a privileges and sends that list to appropriate governance groups.
Last Ratified: 4/13/2022
For more information on the ASA Emeriti Nomination Process, visit https://www.uww.edu/asa/get-recognized/emeriti-status