Faculty Appeals, Grievances, and Disciplinary Hearing Committee

FUNCTION

1. To provide a panel of five of its members to hear:
   1. an appeal by a faculty member of a non-renewal decision, in accordance of UWS 3.08 of the Wisconsin Administrative Code and III, (5) of the University's Faculty Personnel Rules.
   2. an appeal by a faculty member of designation for a lay-off, in accordance with UWS 5.11, 5.12, and 5.13 of the Wisconsin Administrative Code.
   3. an appeal by a faculty member of a finding by a hearing body, in accordance with VI, A, (12) of the University's Faculty Personnel Rules.
   4. an appeal by a faculty member of a promotion decision, in accordance with the University's Promotion Procedures and such rules of jurisdiction and procedure as have been or shall be approved by the Faculty Senate for university-level promotion appeals.
   5. dismissal charges against a faculty member, in accordance with UWS 4.03 of the Wisconsin Administrative Code.
   6. charges against a faculty member, in accordance with UWS 6.01 of the Wisconsin Administrative Code and VI, A (7), (8), (9), and (10) of the University's Faculty Personnel Rules.
   7. Title IX cases under the direction of a Title IX Hearing Examiner, in accordance with UWS 4.18 of the Wisconsin Administrative Code and as approved at the 2022-03-08 meeting of the Faculty Senate.
2. To recommend, to the Faculty Senate, such amendments of the University's Faculty Personnel Rules, of the Promotion Procedures, and of the promotion appeal procedures as its members judge to be advisable as a result of their experience conducting hearings.
3. To attempt to resolve the grievance of faculty members in accordance with Chapter VI, Section B, of UW-Whitewater Faculty Personnel Rules and to make necessary reports.

 

FORMATION OF A PANEL FOR AN APPEAL OR A GRIEVANCE

When a faculty member makes an appeal which is to be heard or brings a grievance which is attempted to be resolved by a panel of this committee (see FUNCTION), the Chair of the Faculty Senate, or, if the Chair is unable to act, the Secretary of the Faculty Senate, shall form the panel by selecting the five members of this committee whose names are at the top of the list of members.

A panel shall hear and decide a request by one of its members to be excused. If a vacancy is thus created, it shall be filled with the next member of this committee on the list of members.

Initially, members shall be listed in an order determined by lot. After serving on a panel, members shall go to the bottom of the list in the same order as they were previously listed. A newly elected member shall be placed at the bottom of the list.

 

FORMATION OF A PANEL FOR A DISCIPLINARY HEARING

When a faculty member requests a hearing under UWS 4 or 6, the Chair of the Faculty Senate, or if the Chair is unable to act, then the Secretary of the Faculty Senate, shall form a panel by selecting five members of this committee whose names are on the top of the list of members. After serving on a panel, members shall go to the bottom of the list in the same order as they were previously listed. A newly elected member shall be placed on the bottom of the list. This list of members shall be a common list for both panels of this committee.

The Chair of the Faculty Senate, or if the Chair is unable to act, then the Secretary of the Faculty Senate, shall eliminate from the committee any member who has a conflict of interest regarding the hearing, or who participated in the drafting or investigating of the charges, or who will be called as a witness by either party for the hearing, or who is assisting either party for the hearing. Either party may request the removal of one panel member. Such request may be made without reason given, but must be made within 15 calendar days of notice of action against a faculty member under UWS 4.03 of the Wisconsin Administrative Code or under UWS 6.01 of the Wisconsin Administrative Code and VI A, (7), (8), (9), and (10) of the University's Faculty Personnel Rules.

If a panel member is eliminated for any of the aforementioned reasons, then the Chair of the Faculty Senate, or if the Chair is unable to act, then the Secretary of the Faculty Senate, shall select the next person from the list of members.

The Chair of the Faculty Senate, if in his or her judgment feels that the work of the panel is expected to be too protracted, may add to the five member panel, an additional, sixth person to serve throughout the proceedings as an alternate panel member. This precaution is expected to provide continuity of the panel's work in the possible event of a (regular) panel member's excusing himself or herself in the midst of the panel's work. As an alternate panel member, (s)he may participate in all hearings and deliberations, but (s)he may not vote as long as (s)he remains an alternate panel member. Should (s)he be called upon to serve as a (regular) panel member in place of an exiting (regular) panel member, (s)he may vote.

The panel for each specific hearing (as reconstituted in the above) shall elect its own chair. The panel is now ready to perform its functions.

If the work pertaining to a hearing is not completed within an academic year and if it has to go into the next academic year, then the same individuals of the panel for that hearing shall continue the work on the hearing until it is completed.

The panel shall submit a report of its findings and recommendations of the hearing to the Chair of the Faculty Senate, the Provost, and the Chancellor.

 

MEMBERSHIP

40 members serving on panels as described above

• Twenty tenured Faculty at-large, elected by the Faculty Senate, and as necessary thereafter to fill vacancies.
• Twenty tenured Faculty, four elected from and by the faculty of each constituency, and as necessary to fill vacancies.
  • College of Arts and Communication/Library
  • College of Business and Economics
  • College of Education and Professional Studies
  • College of Integrated Studies
  • College of Letters and Sciences

 

TERM

A member shall continue until he or she has served on at least three panels.

-Adopted at All-Faculty Meeting 2022-03-15

Current Committee Membership

  

 

page revised 2022-03-29