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Table of Contents
CHAPTER I: INTRODUCTION ........................................................................................................................... 1
History of the University ........................................................................................................................... 1
Meaning of the Baccalaureate Degree at UW-Stout ................................................................................... 3
Preamble ..................................................................................................................................... 3
Philosophy .................................................................................................................................. 3
Programs..................................................................................................................................... 4
Graduates .................................................................................................................................... 4
Mission 5
Definition of Terms and References ............................................................................................. 6
Administration of the University.................................................................................................. 6
Board of Regents or Board .......................................................................................................... 6
Wisconsin Administrative Code................................................................................................... 6
Institution .................................................................................................................................... 6
University ................................................................................................................................... 6
Chancellor................................................................................................................................... 6
Department ................................................................................................................................. 7
Faculty 7
Academic Staff............................................................................................................................ 7
Limited Appointments ................................................................................................................. 8
Other Appointments .................................................................................................................... 9
Students 9
Credit Hour ................................................................................................................................. 9
CHAPTER II: GOVERNANCE ........................................................................................................................... 11
Constitution of the Faculty Senate ........................................................................................................... 11
Preamble ................................................................................................................................... 11
Article I: ................................................................................................................................... 12
The Faculty Senate .................................................................................................................... 12
Article II: Membership, Representation and Elections ............................................................... 12
Article III: Officers of the Faculty Senate.................................................................................. 14
Article IV: Conduct of Senate Business .................................................................................... 15
Article V: The Executive Committee ........................................................................................ 16
Article VI: Standing Committees .............................................................................................. 17
Article VII: Amendments to the Bylaws.................................................................................... 17
Article VIII: Amendments to the Constitution ........................................................................... 17
Bylaws of the Election Committee .......................................................................................................... 17
Pre-Balloting Procedures ........................................................................................................... 17
Balloting Procedures ................................................................................................................. 18
Tabulating Procedures ............................................................................................................... 18
Reporting Process...................................................................................................................... 18
Selecting faculty members to serve on high-level administrative hiring committees.................................. 18
Bylaws of the Curriculum and Instruction Committee .............................................................................. 19
Name 19
Purposes.................................................................................................................................... 19
Membership .............................................................................................................................. 20
Officers and Secretary ............................................................................................................... 22
Duties of Officers and Secretary ................................................................................................ 23
Meetings ................................................................................................................................... 24
Procedure for Recommendations ............................................................................................... 24
Amendments ............................................................................................................................. 24
Bylaws of the Educational Activities Committee ..................................................................................... 24
Organization ............................................................................................................................. 24
Responsibilities of the Committee.............................................................................................. 25
Faculty/Academic Staff/Limited Appointees Handbook
Conduct of the Meetings............................................................................................................ 26
Revisions .................................................................................................................................. 26
Bylaws of the General Educational Committee ........................................................................................ 26
Name 26
Purposes.................................................................................................................................... 26
Membership .............................................................................................................................. 27
Officers 28
Responsibilities of the ............................................................................................................... 28
Committee ................................................................................................................................ 28
Meetings ................................................................................................................................... 29
Bylaws of the Graduate Education Committee ......................................................................................... 29
Name 29
Purposes.................................................................................................................................... 29
Membership .............................................................................................................................. 30
Officers 30
Responsibilities of the ............................................................................................................... 30
Committee ................................................................................................................................ 30
Meetings ................................................................................................................................... 31
Bylaws of the Personnel Policies Committee ........................................................................................... 31
Organization ............................................................................................................................. 31
Responsibilities of the Committee.............................................................................................. 32
Conduct of the Meetings............................................................................................................ 33
Revisions .................................................................................................................................. 33
Bylaws of the Planning and Review Committee....................................................................................... 33
Organization ............................................................................................................................. 33
Conduct of the Meetings............................................................................................................ 34
Responsibilities of the Committee.............................................................................................. 34
Revisions .................................................................................................................................. 34
Bylaws of the Finance Committee ........................................................................................................... 35
Organization ............................................................................................................................. 35
Responsibilities of the Committee.............................................................................................. 35
Revisions .................................................................................................................................. 36
Faculty Consultative Committee ................................................................................................ 36
School Level Governance Policy ............................................................................................... 36
College Level Governance Procedures ....................................................................................... 37
Program Director Selection........................................................................................................ 37
Department Bylaws Policy ........................................................................................................ 38
Department Chair Selection ....................................................................................................... 39
ACADEMIC STAFF .............................................................................................................................. 40
Constitution of the Senate of Academic Staff ........................................................................................... 40
Preamble ................................................................................................................................... 40
Article I: The Senate of Academic Staff .................................................................................... 40
Article II: Membership ............................................................................................................. 40
Article IV: Conduct of Senate Business .................................................................................... 46
Article V: The Executive Committee ........................................................................................ 47
Article VI: Standing Committees .............................................................................................. 48
(Rev. 4/16/2015) ....................................................................................................................... 48
Article VII: Amendments to the Bylaws.................................................................................... 48
Article VIII: Amendments to the Constitution ........................................................................... 48
Bylaws of the Academic Staff Election Committee .................................................................................. 49
Bylaws of the Academic Staff Personnel Committee................................................................................ 50
UNIVERSITY COMMITTEES............................................................................................................... 54
OPEN MEETING LAW (SUMMARY) .................................................................................................. 55
CHAPTER III: PERSONNEL RULES ................................................................................................................. 56
CHAPTER IIIA: PERSONNEL RULES FOR ALL UNCLASSIFIED PERSONNEL ............................. 56
INTRODUCTION .................................................................................................................................. 56
Authorization for Personnel Actions .......................................................................................... 56
Notice Periods ........................................................................................................................... 56
RECRUITMENT AND APPOINTMENTS ............................................................................................. 56
Faculty/Academic Staff/Limited Appointees Handbook
Personnel Committee of Department or Functional Equivalent ................................................... 56
Equal Employment Opportunity/Affirmative Action .................................................................. 57
Determining Years of Work Experience for Unclassified Personnel ........................................... 57
EMPLOYMENT RESPONSIBILITIES AND RIGHTS........................................................................... 58
Contractual Obligations of Unclassified Personnel* ................................................................................. 58
Verification of Right to Work .................................................................................................... 59
Summer Session ........................................................................................................................ 59
Commencement ........................................................................................................................ 59
Liability and Indemnification..................................................................................................... 60
Strikes and Boycotts by Unclassified Staff ................................................................................. 60
Political Activity by Unclassified Employees ............................................................................. 60
Office Hours ............................................................................................................................. 60
Definition of Teaching, Research, and Service ......................................................................................... 60
Teaching ................................................................................................................................... 60
Research and Scholarship .......................................................................................................... 61
Professional and Public Service ................................................................................................. 61
Use of Definitions ..................................................................................................................... 61
Unclassified Staff Code of Ethics ............................................................................................................ 62
Declaration of Policy ................................................................................................................. 62
Definitions ................................................................................................................................ 63
Outside Activities and Interests: Reports ................................................................................... 64
Standards of Conduct ................................................................................................................ 67
Institutional Ethics Committee ................................................................................................... 68
Action to Avoid Possible Conflict .............................................................................................. 68
Sanctions .................................................................................................................................. 69
Reports 69
Reporting Requirements and Limitations ................................................................................................. 70
Lobbying .................................................................................................................................. 70
Educational Preparation Code ................................................................................................................. 71
Process for Changing Educational Preparation Code .................................................................. 71
Salary Adjustment Process ........................................................................................................ 73
Evaluation of Unclassified Staff .............................................................................................................. 73
Student Evaluation of Instruction ............................................................................................................ 73
Preamble ................................................................................................................................... 73
General Observations ................................................................................................................ 74
Use of Student Evaluations for Improvement of Instruction ........................................................ 74
Use of Student Evaluations for Retention, .................................................................................. 74
Use of Student Evaluations in Merit Salary Increase Decisions................................................... 75
Policy Statement ....................................................................................................................... 75
Student Evaluation/ ................................................................................................................................. 76
Observation of Instruction ....................................................................................................................... 76
Policy 76
Procedure .................................................................................................................................. 77
Professional Development Opportunities ................................................................................................. 77
Faculty Research Initiative Grants ............................................................................................. 78
Stout University Foundation ...................................................................................................... 78
Undergraduate Teaching Improvement Council Grants (UTIG) .................................................. 78
Undergraduate Teaching Improvement Council (UTIC) Small Grants ........................................ 78
Wisconsin Teaching Fellows ..................................................................................................... 78
Professional Development Grants for Faculty and Academic Staff ............................................. 78
Chancellor's Administrative Fellowship Program ....................................................................... 78
Named Professorships ............................................................................................................... 78
Tuition/Fee Reimbursement for Authorized Job-Related Coursework ...................................................... 78
Eligibility .................................................................................................................................. 79
Procedures ................................................................................................................................ 79
Employee Performance Improvement ...................................................................................................... 80
Doctoral Tuition Reimbursal Program ..................................................................................................... 80
TYPES OF ABSENCES/LEAVES.......................................................................................................... 81
UNPAID LEAVES OF ABSENCE ......................................................................................................... 86
UW-Stout Procedures ................................................................................................................ 86
Summary .................................................................................................................................. 86
Faculty/Academic Staff/Limited Appointees Handbook
PAID LEAVE/COLLEAGUE COVERAGE ........................................................................................... 86
Reporting Requirements ............................................................................................................ 86
Colleague Coverage .................................................................................................................. 86
Vacation.................................................................................................................................... 86
Sick Leave ................................................................................................................................ 87
Definition.................................................................................................................................. 87
Persons Who Earn Sick Leave ................................................................................................... 87
Cancellation and Reinstatement ................................................................................................. 87
Income Continuation Insurance ................................................................................................. 88
Recording and Use of Sick Leave .............................................................................................. 88
Jury Duty .................................................................................................................................. 88
Family and Medical Leave Act .................................................................................................. 88
LEAVING THE UNIVERSITY .............................................................................................................. 89
General Exit Procedure.............................................................................................................. 89
Exit Interview Policy ................................................................................................................. 89
Resignations and Retirements .................................................................................................... 90
Retirement Planning .................................................................................................................. 90
Procedure for Recognition of Unclassified Staff Upon Retirement.............................................. 90
Emeritus Status ......................................................................................................................... 91
CHAPTER IIIB: PERSONNEL RULES FOR FACULTY ...................................................................... 93
EXPLANATION ...................................................................................................................... 93
FACULTY RULES: COVERAGE AND DELEGATION....................................................................... 93
Rules 93
Delegation................................................................................................................................. 93
FACULTY APPOINTMENTS................................................................................................................ 93
Types of Appointments ............................................................................................................. 93
Recruiting ................................................................................................................................. 93
Appointments-- ......................................................................................................................... 94
General 94
Procedures for Determining Rank at Hire ................................................................................................ 95
Assistant Professor .................................................................................................................... 95
Associate Professor ................................................................................................................... 95
Professor ................................................................................................................................... 96
Probationary.............................................................................................................................. 96
Appointments............................................................................................................................ 96
Faculty Workload Policy - Excerpts ........................................................................................................ 97
Background............................................................................................................................... 98
Discussion and Recommendations ............................................................................................. 98
Policy 98
Periodic Review ...................................................................................................................... 101
Definition of Meritorious Performance for Faculty ................................................................................ 101
Promotion Policies and Procedures ........................................................................................................ 112
Definition of Promotion........................................................................................................... 113
Promotion: Policy Statements ................................................................................................. 114
Promotion: Procedures ........................................................................................................... 115
Promotion: Making Application .............................................................................................. 115
Promotion: The Selection Process ........................................................................................... 117
Election of Promotion Committees .......................................................................................... 117
Promotion: Conduct of Committee Meeting ............................................................................ 119
Promotion: Special Note on Split Assignments ....................................................................... 120
Promotion: Applicant's Response to Recommendations (Appeals) ........................................... 121
Promotion: Informing Applicants of Final Action ................................................................... 122
Promotion: Criteria For Promotion.......................................................................................... 122
Promotion: Professional Performance ..................................................................................... 122
Promotion: Educational Preparation and Experience ............................................................... 122
Promotion: Affirmative Action ............................................................................................... 123
Promotion: Timetable ............................................................................................................. 123
Promotion: Combined Promotion ............................................................................................ 123
Renewal of Appointments and Granting of Tenure ................................................................................ 124
General 124
Criteria 124
Faculty/Academic Staff/Limited Appointees Handbook
Procedures .............................................................................................................................. 124
Appointments.......................................................................................................................... 124
Criteria 125
Procedures .............................................................................................................................. 126
Procedure for Augmentation of Tenure Committees ................................................................. 127
Nonrenewal of Probationary Appointments ........................................................................................... 127
Rules and Procedures .............................................................................................................. 128
Reconsideration....................................................................................................................... 128
Appeal of a Nonrenewal Decision ............................................................................................ 129
Procedures for the Appeal of a Non-Renewal Decision ............................................................ 130
Standing Faculty Committee to Hear Appeals on Termination of Employment ....................................... 130
Notice Periods ......................................................................................................................... 132
Absence of Proper Notification ................................................................................................ 132
Limitation of Appointments..................................................................................................... 132
PROCEDURES FOR DISMISSAL ....................................................................................................... 132
Dismissal for Cause................................................................................................................. 132
Dismissal: Responsibility for Charges..................................................................................... 133
Dismissal: Standing Faculty Committee .................................................................................. 133
Dismissal: Hearing ................................................................................................................. 133
Dismissal: Adequate Due Process ........................................................................................... 133
Dismissal: Procedural Guarantees ........................................................................................... 134
Dismissal: Recommendations: To the Chancellor: To the Regents ......................................... 135
Dismissal: Board Review........................................................................................................ 135
Dismissal: Suspension from Duties ......................................................................................... 136
Date of Dismissal .................................................................................................................... 136
LAYOFF AND TERMINATION FOR REASONS OF FINANCIAL EMERGENCY............................ 136
General 136
Financial Emergency ............................................................................................................... 136
Layoff and Termination ........................................................................................................... 136
Financial Emergency: Faculty Consultative Committee ........................................................................ 137
Financial Emergency: Consultation ...................................................................................................... 137
Financial Emergency: Faculty Consultative Committee ........................................................................ 138
The Criteria ............................................................................................................................. 139
Process 139
Financial Emergency: .......................................................................................................................... 140
Financial Emergency: Individual Designations........................................................................ 141
Financial Emergency: Seniority .............................................................................................. 141
Financial Emergency: Notification .......................................................................................... 141
Financial Emergency: Notification Period ............................................................................... 141
Financial Emergency: Faculty Hearing Committee ............................................................................... 142
Financial Emergency: Review Hearing .................................................................................... 142
Financial Emergency: Hearing Procedure ............................................................................... 143
Financial Emergency: Recommendations and Review by the Board ...................................................... 144
Financial Emergency: Board Review ...................................................................................... 144
Financial Emergency: Layoff Status ..................................................................................................... 145
Financial Emergency: Alternative Employment ...................................................................... 145
Financial Emergency: Reappointment Rights .......................................................................... 145
Financial Emergency: Retention of Rank and Salary ............................................................... 146
Financial Emergency: Rights of Faculty Member on Layoff .................................................... 146
Financial Emergency: Systemwide Tenure .............................................................................. 146
Financial Emergency: Lack of Faculty Action ......................................................................... 146
COMPLAINTS AND GRIEVANCES................................................................................................... 147
Complaints.............................................................................................................................. 147
Grievances .............................................................................................................................. 148
FACULTY POSITIVE ACTION PROCEDURES ................................................................................. 148
Introduction ............................................................................................................................ 148
Complaints and Grievances ..................................................................................................... 149
Positive Action Committees .................................................................................................... 149
Operation of the Committee .................................................................................................................. 150
Committee Chair ..................................................................................................................... 151
Hearing Coordinator ................................................................................................................ 151
Faculty/Academic Staff/Limited Appointees Handbook
Conduct of the Hearing............................................................................................................ 151
Chancellor's Action ................................................................................................................. 152
Appeal Process to Board of Regents ........................................................................................ 152
CHAPTER IIIC: PERSONNEL RULES FOR ACADEMIC STAFF .................................................................. 153
EXPLANATION .................................................................................................................... 153
ACADEMIC STAFF RULES: COVERAGE AND DELEGATION ..................................................... 153
Coverage................................................................................................................................. 153
Delegation............................................................................................................................... 153
ACADEMIC STAFF APPOINTMENTS............................................................................................... 153
Types of Appointments ........................................................................................................... 153
Types of Appointments ........................................................................................................... 154
Academic Staff Titling .......................................................................................................................... 154
Academic Staff Title Review and/or Change Guidelines ........................................................................ 154
Introduction ............................................................................................................................ 154
Definition of Terms ................................................................................................................. 154
Procedure for Requesting Title Change .................................................................................... 155
Procedures .............................................................................................................................. 155
Appeal Process ........................................................................................................................ 156
Recruitment and Letter of Appointment................................................................................................. 157
Recruitment ............................................................................................................................ 157
Appointment Policies .............................................................................................................. 158
Fixed Term Appointments ....................................................................................................... 158
Indefinite and Probationary Academic Staff Appointments....................................................... 158
Appointment Policies .............................................................................................................. 160
Performance Review ............................................................................................................... 160
Fixed Term Appointments ....................................................................................................... 161
Probationary and Indefinite Academic Staff Appointments....................................................... 161
Probationary Appointments ..................................................................................................... 162
Indefinite Appointments .......................................................................................................... 162
Affirmative Review Leading to Indefinite Appointment ........................................................... 162
Workload Expectations for Instructional Academic Staff………………………………………..160
Definition of Meritorious Performance for Unclassified Personnel ........................................... 161
Evaluation of the Performance of Noninstructional Academic Staff .......................................... 165
Evaluation of the Performance of Instructional Academic Staff ................................................ 167
Nonrenewal of Probationary Academic Staff Appointments ..................................................... 169
Nonrenewal of Probationary Academic Staff Appointments ..................................................... 170
Notice 171
Notice 172
DISMISSAL OF ACADEMIC STAFF FOR CAUSE ............................................................................ 172
Dismissal for Cause--Indefinite Academic Staff Appointments ................................................ 172
Responsibility for Charges....................................................................................................... 173
Hearing Body .......................................................................................................................... 173
Hearing 173
Adequate Due Process ............................................................................................................. 174
Adequate Due Process ............................................................................................................. 174
Procedural Guarantees ............................................................................................................. 175
Recommendations: To the Chancellor ..................................................................................... 176
Recommendations: To the Chancellor ..................................................................................... 176
Suspension from Duties ........................................................................................................... 176
Date of Dismissal .................................................................................................................... 176
Board Review ......................................................................................................................... 176
Dismissal for Cause-- .............................................................................................................. 177
Dismissal for Cause--Teaching Members of the Academic Staff............................................... 177
Dismissal for Cause--Teaching Members of the Academic Staff............................................... 178
LAYOFF OF ACADEMIC STAFF FOR REASONS OF BUDGET OR PROGRAM ............................ 178
General 178
General 178
Layoff 179
Individual Layoff Decision ...................................................................................................... 179
Faculty/Academic Staff/Limited Appointees Handbook
Individual Layoff Decision ...................................................................................................... 179
Hearing Body .......................................................................................................................... 179
Hearing Body .......................................................................................................................... 180
Review and Hearings for Indefinite Appointments ................................................................... 180
Review for Fixed Term and Probationary Academic Staff Members ......................................... 182
Layoff Status........................................................................................................................... 182
Alternative Employment.......................................................................................................... 183
Reappointment Rights ............................................................................................................. 183
Retention of Salary.................................................................................................................. 183
Rights of Academic Staff Members on Layoff ......................................................................... 184
COMPLAINTS AND GRIEVANCES................................................................................................... 184
Complaints.............................................................................................................................. 184
Complaints.............................................................................................................................. 184
Grievances .............................................................................................................................. 185
ACADEMIC STAFF POSITIVE ACTION PROCEDURES .................................................................. 185
Introduction ............................................................................................................................ 185
Formal Process for Handling Complaints and Grievances......................................................... 185
Organization of Positive Action Committees ......................................................................................... 186
Operation of the Positive Action Committee ............................................................................ 187
Committee Chair ..................................................................................................................... 187
Hearing Coordinator ................................................................................................................ 188
Positive Action Committee: Hearing Process .......................................................................... 188
Chancellor's Action ................................................................................................................. 189
CHAPTER IV: INSTRUCTIONAL AND RESEARCH ACTIVITIES ............................................................... 191
ACADEMIC FREEDOM...................................................................................................................... 191
Academic Freedom ................................................................................................................. 191
Copyright Guidelines .............................................................................................................. 193
Copyright Act of 1976 ............................................................................................................. 193
Works Which May Be Copyrighted and How Copyright is Obtained ........................................ 193
Infringement of the Copyright Law .......................................................................................... 193
Copyright Ownership .............................................................................................................. 194
Obtaining Permission to Copy ................................................................................................. 194
"Fair Use" ............................................................................................................................... 194
Copying Equipment................................................................................................................. 195
Other Sources of Information .................................................................................................. 195
Campus Help .......................................................................................................................... 195
Ownership, Use and Control of Instructional Materials .......................................................................... 195
Computer Software Use Policy Guidelines ............................................................................................ 196
Computer Software Use Policy Guidelines............................................................................... 197
Responsibility ......................................................................................................................... 197
Implementation ....................................................................................................................... 197
Disseminating Information ...................................................................................................... 197
Site Audits .............................................................................................................................. 198
Patent Policy......................................................................................................................................... 198
Purpose 198
Background............................................................................................................................. 198
Policies 198
Institutional Reporting Requirements ....................................................................................... 202
Patent Policy......................................................................................................................................... 203
Background............................................................................................................................. 203
Policy 203
Use of Tape Recorders in Classroom ....................................................................................... 204
CURRICULUM ISSUES ...................................................................................................................... 205
Curriculum .............................................................................................................................. 205
Class Audit Policy ................................................................................................................................ 205
Audit-Only Enrollees .............................................................................................................. 205
Degree-Seeking Students ......................................................................................................... 206
Add/Drop of Courses............................................................................................................... 207
Faculty-Initiated Drop ............................................................................................................. 207
Faculty/Academic Staff/Limited Appointees Handbook
Student-Initiated Add/Drop ..................................................................................................... 207
Third Week to Mid-Term Drops Only...................................................................................... 207
After Mid-Term Drops Only .................................................................................................... 208
Evaluation Week ..................................................................................................................... 208
Grading Policy ........................................................................................................................ 208
Grade Changes ........................................................................................................................ 213
Attendance .............................................................................................................................. 213
Grade Reports ......................................................................................................................... 214
Exceptions .............................................................................................................................. 214
Retention of Gradebooks ......................................................................................................... 214
Accommodation of Religious Beliefs .................................................................................................... 214
Declaration of Policy ............................................................................................................... 214
Definitions .............................................................................................................................. 214
Accommodation of Religious Beliefs ....................................................................................... 214
Special Course Fees .............................................................................................................................. 215
Overview ................................................................................................................................ 215
Policy 215
Guidelines ............................................................................................................................... 216
Procedures .............................................................................................................................. 217
Students Participation in University-Sanctioned Activities ..................................................................... 217
Instructional Responsibility ..................................................................................................... 217
Student Responsibility ............................................................................................................. 218
Field Trip Fees ........................................................................................................................ 218
Agent Liability (Volunteer) ..................................................................................................... 218
Risk and Liability Issues Concerning Transportation of Students .............................................. 218
Unscheduled Courses .............................................................................................................. 219
Summer Session ...................................................................................................................... 219
Student Academic Disciplinary Procedures............................................................................................ 219
Definitions .............................................................................................................................. 220
Academic Misconduct Subject to Disciplinary Action .............................................................. 221
Disciplinary Sanctions ............................................................................................................. 221
Disciplinary Sanction .............................................................................................................. 221
Hearing 224
Appeal to the Chancellor ......................................................................................................... 225
Discretionary Appeal to the Board of Regents .......................................................................... 226
Settlement ............................................................................................................................... 226
Effect of Discipline Within the University System ................................................................... 226
Right to Petition for Readmission ............................................................................................ 226
Investigating Officer................................................................................................................ 226
Academic Misconduct Hearing Committee: Institutions Option ............................................... 227
Notice to Students ................................................................................................................... 228
RESEARCH ACTIVITIES ................................................................................................................... 228
Protection of Human Subjects .................................................................................................. 228
The Care and Use of Animals .................................................................................................. 229
Scientific Misconduct Policy ................................................................................................... 229
Student Nonacademic Disciplinary Procedures ........................................................................ 229
CHAPTER V: HUMAN RIGHTS AND RESPONSIBILITIES .......................................................................... 230
Equal Employment Opportunity / Affirmative Action ............................................................................ 230
Background............................................................................................................................. 230
Statement of Policy ................................................................................................................. 230
Responsibility for Implementation ........................................................................................... 231
Policy Implementation............................................................................................................. 231
Complaint/Grievance Procedure .............................................................................................. 232
Disability Accommodation Policy and Procedures ................................................................................. 232
Background............................................................................................................................. 232
Definitions .............................................................................................................................. 232
Policy Statement ..................................................................................................................... 233
Implementation Procedures to Request Accommodations ...................................................................... 234
Decision-Making Process ........................................................................................................ 235
Faculty/Academic Staff/Limited Appointees Handbook
The Appeal Process ................................................................................................................. 237
Title IX Compliance Statement ................................................................................................ 238
Sexual Harassment ................................................................................................................................ 238
Background............................................................................................................................. 238
Definitions of Sexual Harassment UW-Stout ........................................................................... 238
Policy Statement ..................................................................................................................... 239
Implementation ....................................................................................................................... 239
Statement on Consensual Relationships ................................................................................... 239
Complaint Procedures Sexual Harassment at UW-Stout ........................................................... 242
Racist and Discriminatory Conduct Policy............................................................................................. 243
Policy Statement ..................................................................................................................... 243
Definition of Racist and Discriminatory Conduct ..................................................................... 243
Procedures for Disciplinary Action ......................................................................................... 244
Nondiscrimination on Basis of Disability............................................................................................... 244
Introduction ............................................................................................................................ 244
Policy Statement ..................................................................................................................... 245
Guidelines for Policy Implementation - Procedures................................................................................ 245
UW System Administration ..................................................................................................... 245
UW Institutions ....................................................................................................................... 245
Students with Disabilities ........................................................................................................ 246
Guidelines for Policy Implementation - Program Accessibility ................................................. 246
Existing Facilities .................................................................................................................... 246
New Construction.................................................................................................................... 247
Off-Campus Programming ...................................................................................................... 247
Recruitment, Admissions and Registration ............................................................................... 247
Admissions or Enrollment ....................................................................................................... 247
Academic Adjustment ............................................................................................................. 248
Program Examinations and Evaluations ................................................................................... 248
Academic Support Services ..................................................................................................... 249
Physical Education, Athletics, and Similar Activities ............................................................... 249
Housing 249
On-Campus Housing ............................................................................................................... 250
Off-Campus Housing .............................................................................................................. 250
Financial Aid .......................................................................................................................... 250
Student Employment ............................................................................................................... 250
Advising, Counseling and Placement Services ......................................................................... 250
Social Organizations................................................................................................................ 250
Equal Opportunities in Education .......................................................................................................... 251
Policy Statement ..................................................................................................................... 251
Guidelines ............................................................................................................................... 252
UW-Stout Implementation Procedure Equal Opportunities in Education ................................................ 255
Statement of Commitment ....................................................................................................... 255
Statement of Purpose ............................................................................................................... 255
Responsibility for Implementation ........................................................................................... 255
Implementation Procedures ..................................................................................................... 255
Wisconsin Public Records Law ............................................................................................................. 255
Public Policy ........................................................................................................................... 255
Record 256
Request 256
Responding to the Request ...................................................................................................... 256
Analysis of Request and Response ........................................................................................... 256
Inspection, Copying and Fees .................................................................................................. 256
Enforcement and Penalties....................................................................................................... 256
Employee Protection ............................................................................................................... 257
Alcohol and Other Drug Policy ............................................................................................................. 257
Background............................................................................................................................. 257
Wisconsin Law and Definitions ............................................................................................... 258
Statement of Policy ................................................................................................................. 258
Disciplinary Sanctions ............................................................................................................. 258
Drug-Free Workplace Act Provisions ...................................................................................... 258
Faculty/Academic Staff/Limited Appointees Handbook
Pell Grant Recipient Provisions ............................................................................................... 259
Legal Sanctions ....................................................................................................................... 259
University Counseling and Referral Resources ......................................................................... 260
Nonsmoking Policy............................................................................................................................... 260
Introduction ............................................................................................................................ 260
Definitions .............................................................................................................................. 260
Statement of Policy ................................................................................................................. 260
Communicable Diseases .......................................................................................................... 261
Bloodborne Pathogens Exposure Control Plan ......................................................................... 262
CHAPTER I: INTRODUCTION
History of the
University
(Prepared by Dwight Agnew, Dean,
Emeritus, School of Liberal
Studies)
The University of Wisconsin-Stout has always been a bit different. For one thing, it
was different in origin. While almost all institutions of higher learning start as
colleges, UW-Stout began as a public school. Stout is different in a second way.
While our sister institutions in Wisconsin bear the name of a locale, Stout is named
after its founder, James H. Stout. This is no accident. The ideas of the founder have
been pervasive throughout the history of the institution. To understand what Stout
was, and is, one must understand James H. Stout.
James Stout was one of a group of lumber barons who owned a gigantic logging firm
headquartered in Menomonie. In the second half of the nineteenth century, Knapp,
Stout, and Company extracted timber from a great pine forest that once stretched
from Dunn County to Lake Superior. The firm cut the logs into lumber and sent the
product down the rivers to waiting customers along the Mississippi River. James
Stout became rich. What he did with his money is part of the story of what we now
call UW-Stout.
After working for the lumber firm in Dubuque, St. Louis, and Read's Landing, James
decided to settle in Menomonie. What he had learned in St. Louis by contact with a
manual training school set him to thinking about introducing this new concept into
the Menomonie schools. He persuaded the local board of education to allow him to
build a manual training school as an adjunct to the public school. Manual training,
that is, manual arts for the boys and domestic science for the girls, was to be
integrated into the curriculum of the common school.
In 1891 Stout built a two-story frame building that housed the domestic science
rooms on one floor and the manual arts rooms on the other. With the establishment
of the Stout Manual Training School, a series of developments began, which, in turn,
led to the Stout Training School, the Homemaker's School, the Stout Institute, Stout
State College, Stout State University, and finally the University of Wisconsin-Stout.
A dominant theme of all of this development was change. The predominant theme,
however, was continuity. In the laboratories of both the Manual Training School and
of UW-Stout, students have worked with hand and mind to produce a product, using
tools, materials, and processes. The "hands-on" approach to learning continues,
although the tools, materials, and processes have largely changed. What President
Fryklund called "know how" is the ultimate possession of Stout graduates. They
have learned, in President Micheels' words, to "do something well." Or, as
Chancellor Swanson said, Stout was unabashedly a career-oriented institution.
Although Senator Stout's philosophy of education was formative in the creation of
UW-Stout, he could not lead with any impressive list of credentials. He was not
even a college graduate. He was simply an enlightened industrialist whose ideas
corresponded in a remarkable way to those of John Dewey, the educational
philosopher whose School and Society appeared in 1898, seven years after Stout
built his school. "Learn by doing" was precisely what Stout had in mind.
When the Stout Manual Training School, established at the site of what is now the
Administration Building, became too small, Senator Stout built and equipped a large
three-story frame building with a tower. This structure burned down in 1897 and
was immediately replaced, again as a gift of the Senator. In addition to the manual
training school, Senator Stout established a number of schools: postsecondary
training schools to prepare teachers of manual arts, domestic science, and
kindergarten; a homemaker's school for women; and the school of physical culture.
The building for the latter contained a large swimming pool on one side and a
gymnasium on the other and was open to both students and townspeople.
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These and other educational experiments made Menomonie of considerable interest
to educators throughout this country and Canada. In the words of Lorenzo Dow
Harvey, destined to become the first president of the Stout Institute, "Menomonie
was not only the educational Mecca of Wisconsin, but also of the whole country, as
leading educational bodies everywhere were now looking to this city for working
illustrations of the most practical and advanced theories in modern education."
Up to 1908 the various Stout educational adventures were under the control of the
Menomonie Board of Education. Because management became cumbersome, the
various Stout-sponsored schools were eventually pulled out of the public school
system and organized as the Stout Institute, and a private college was born. The
articles of incorporation, signed by James Stout, Lorenzo Harvey, and William
Ribenack, Stout's private secretary, proclaimed that one of the goals was to "provide
facilities in the way of buildings, equipment, and teachers, through which young
people of both sexes may secure such instruction and training in industrial and
related lines of educational effort as will enable them to become efficient industrial,
social, and economic units within their environment."
As a private college, the Stout Institute was short-lived. Senator Stout died rather
suddenly in 1910, leaving no will. His heirs were not prepared to take on the
responsibility and financial burden of the new school. The family, therefore, agreed
to having the state of Wisconsin take over the Stout Institute, using the newly created
Board of Vocational Education as Stout's board of trustees. In the next 45 years as
the Stout Institute, the school established its national and international reputation as
the leader in home economics, industrial training, and vocational education.
The death of Senator Stout did not leave the Stout Institute devoid of leadership.
Harvey was well recognized in the field of industrial education. During his term as
president, he succeeded in adding two buildings: the Trades Building and the home
economics building, now known as Harvey Hall. Perhaps his greatest
accomplishment was the legislative approval of Stout as a four-year college. After
Harvey's sudden death in 1922, Clyde Bowman, Dean of Industrial Education,
became the acting president. He was succeeded in 1923 by Burton E. Nelson.
Nelson's term of office, which lasted until 1945, was beset by all sorts of problems.
The accrediting agencies in higher education demanded changes in the curriculum to
broaden the base for awarding the bachelor's degree. Nelson managed to satisfy
these demands, and during the 1930s Stout became fully accredited. There were
other problems. The depression years came and then World War II. A sometimes
disinterested board of trustees failed to back Nelson in any kind of building program.
One of the major accomplishments was the introduction in 1935 of the master's
degree programs in home economics education, industrial education, and vocational
education.
A new era opened with the presidency of Vern C. Fryklund, which began
immediately after World War II. Fryklund was a teacher and writer in the field of
industrial education. He brought new vigor to the office of president. Veterans
returned, enrollment increased, and the need for new facilities was met by a building
program, resulting in a new library building, a new student center, and a new
classroom building, known now as Fryklund Hall. While the Fryklund
administration was sometimes controversial, the president kept to a steady course in
a changing climate of higher education in Wisconsin. In name, the Stout Institute
disappeared and reappeared as Stout State College with the formation of the state
college system in 1955. The legislature appropriated money to strengthen liberal arts
throughout the system. At this point Stout might have introduced liberal arts majors,
but Fryklund said in no uncertain terms that Stout would adhere to its traditional
offerings. In the curriculum, however, one change was quite significant: a new
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Faculty/Academic Staff/Limited Appointees Handbook
major in industrial technology, representing a break from the teacher education
emphasis.
President Fryklund's resignation in 1961 brought William J. Micheels to the campus
as the chief executive. He was a native of Menomonie, a graduate of Stout, and
steeped in the Stout tradition, but willing to change some things. With changing
social attitudes, the Vietnam War, and skyrocketing enrollment, the 1960s were
difficult times for all institutions of higher education. President Micheels responded
by reorganizing the administrative structure, adding new majors such as Vocational
Rehabilitation, Art, and Hospitality and Tourism, fighting for new buildings, and
liberalizing the curriculum while retaining the emphasis on "hands-on" learning. In
1964 the state colleges became state universities, which in turn merged with the
University of Wisconsin in 1971 to form the UW System. Thus, Stout State College
became Stout State University and then the University of Wisconsin-Stout.
Chancellor Micheels resigned in 1972. The nationwide search for his successor
ended full circle in the selection of Robert S. Swanson, who had been a student,
teacher, and administrator at Stout. The university positively resolved many
problems. A demonstration in support of an instructor denied tenure ended
peacefully. Needed space for a growing enrollment was solved with added
buildings. Most importantly, the mission of Stout was clarified. Stout was to be an
institution devoted to the preparation of students for careers in a changing world.
In 1988, in a break with the past, the Board of Regents of UW System chose an
historian to succeed Swanson. Charles W. Sorensen's background was in liberal arts
and in higher education administration. Going into the second century of the
school's history, he saw no reason to make any sudden change of direction. Under
his administration, the university has increased its efforts to diversify its student
body, staff, and curriculum. Partnerships continue to develop between the university
and industry, with the Stout Technology Park inviting this cooperation. In February,
1993, Stout became authorized to offer a new program in manufacturing engineering.
For over a century Stout has been preparing students to enter society equipped in
special ways to make an immediate contribution. Stout has emphasized the practical
but has never lost sight of the need to offer liberalizing experiences. In Chancellor
Sorensen's words, UW-Stout's "hands-on, minds-on" education uniquely prepares its
graduates. They enter society ready to help solve workplace and community
problems. Thus, Stout's adherence to a philosophy of enlightened practicality is the
basis of its successful history and of the institution's world-wide reputation.
Meaning of the
Baccalaureate Degree
at UW-Stout
Preamble
This document explicates the components, expectations and philosophy of a
Baccalaureate Degree from the University of Wisconsin-Stout. It is intended to
provide understanding and guidance to those who are charged with the responsibility
for creating and maintaining undergraduate curriculum and to those who serve in the
roles of review and evaluation. This document replaced a previous document
approved in 1987 by Chancellor Robert Swanson also titled Meaning of the
Baccalaureate Degree at the University of Wisconsin-Stout.
Philosophy
The Baccalaureate Degree traditionally indicates successful completion of
undergraduate matriculation. Awarded by the university faculty, the degree signifies
the student’s entry into the community of scholars. It is expected that those upon
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Faculty/Academic Staff/Limited Appointees Handbook
whom such status is conferred have demonstrated a readiness to contribute to the
world’s civility, prosperity and commonweal.
The University of Wisconsin-Stout functions as part of the confederation of diverse
campuses organized as the University of Wisconsin. As such, a Baccalaureate
Degree from the University of Wisconsin-Stout is equivalent to a Baccalaureate
Degree from other campuses in the University system. In addition, the
Baccalaureate Degrees awarded by the University of Wisconsin-Stout reflect the
institution’s unique mission. The University of Wisconsin-Stout provides distinctive
programs leading to professional careers in the human services, education, industry,
and commerce. Programs of study include a breath of courses in the areas of the
humanities, natural, social, physical and behavioral sciences, communications,
analytic reasoning, health and technology.
Programs
Graduates
At the University of Wisconsin-Stout, Bachelor’s Degree programs are expected to
meet certain identifiable or measurable criteria. All Baccalaureate Degree programs
at UW-Stout:
a.
Fulfill a societal need.
b.
Have a core of professional courses required of all students in the major.
c.
Include general education requirements for all students consistent with the
university’s approved General Education Component.
d.
Include an assessment process that fosters needed changes in the program
e.
Maintain high standards of quality.
f.
Require the completion of a minimum of 124 semester credit hours for
graduation.
g.
Provide the opportunity to be completed in four calendar years by qualified full
time resident students.
h.
Provide for the inclusion of a minor, concentration or specialization in a
student’s program whenever possible.
i.
Provide for flexibility and the opportunity for individual student choice in
elective courses, the selection of which is based on personal interest, ability or
need of the student and is not a required part of the professional or general
education component of their program.
j.
Include a core of courses in ethnic studies.
k.
Safeguard the integrity of the program by requiring that a substantial portion of
credits must be from UW-Stout.
Ultimately undergraduate programs are defined by the nature of their products, the
graduates who have successfully pursued a course of study approved by the
university. The elements below attempt to define undergraduate programs at UWStout in describing the expectations for their graduates.
The graduates of all baccalaureate degree programs at UW-Stout should possess:
a. The fundamental skills and knowledge defined by the university’s approved
goals for General Education.
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Mission
b.
The skills needed to perform successfully at the entry level in a career of their
choice and the ability to learn and adapt that will support their continuing career
growth and development.
c.
The skills and attitudes necessary to have healthy interpersonal relationships in
professional, civic and personal life. These include integrity, honesty,
leadership, civility, concern for the needs of others, tolerance, and
communication and conflict resolution skills.
University of Wisconsin-Stout, as a special mission institution, serves a unique role
in the University of Wisconsin System. UW-Stout is characterized by a distinctive
array of programs leading to professional careers focused on the needs of society.
These programs are presented through an approach to learning that involves
combining theory, practice, and experimentation. Extending this special mission into
the future requires that instruction, research, and public service programs be adapted
and modified as the needs of society change.
1.
The university offers an undergraduate program in manufacturing engineering
and undergraduate and graduate programs leading to professional careers in
industry, commerce, education, and human services through the study of
technology, applied science, art, industrial management, human behavior, and
home economics.
2.
The university integrates the humanities; arts; and natural, physical, and social
sciences into its undergraduate programs. Experiences in these areas provide a
foundation for the major field of study, promote continuing personal and
professional growth, and prepare the student to deal constructively with issues
and opportunities of the future. The university places special emphasis upon
student development.
3.
The university's programs center on human development and interpersonal
relationships: efficient and effective practices in industry, commerce, education
and human services; and the relationships of individuals to their environment
and to society.
4.
The university develops new educational strategies, provides opportunities to
learn through involvement and experimentation, and creates a climate of
inquiry. The university experiments with new instructional methods in the
interest of improving the learning process.
5.
The university expects scholarly activity including research, scholarship,
development, and creative endeavor that supports its programs at the
baccalaureate level, its select graduate programs, and its select mission.
6.
The university, through outreach and public service, addresses the needs of
society and contributes to the welfare of the state and to its economic and
technological development and cooperates with University of WisconsinExtension.
7.
The university cooperates with the other University of Wisconsin institutions;
the Vocational, Technical and Adult Education System; and other state and
national agencies, and it participates in statewide, national, and international
programs.
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Faculty/Academic Staff/Limited Appointees Handbook
Definition of Terms
and References
UW-Stout is governed by policies developed at several levels. They include federal
mandates, Wisconsin administrative codes and legislative requirements, Board of
Regents and UW System administrative policies, as well as policies developed by
UW-Stout itself.
Several abbreviations are used in this handbook under the acronyms listed below.
Those which are policy series are indicated by an asterisk.
•
•
•
•
•
•
•
•
ACIS
ACPS
BOR
FPPP
GAPP
UPG
UWS
UW-Stout
Academic Information Statement*
Academic Planning Statement*
Board of Regents*
Financial Policy and Procedure Papers*
General Administrative Policy Papers*
Unclassified Personnel Guidelines*
University of Wisconsin System
University of Wisconsin-Stout
Administration of the
University
The administration of all units of the UW System rests with the Board of Regents of
the University of Wisconsin. The Regents are responsible for the definition of basic
policy and for the selection of the System President, as well as the university
chancellors to whom certain duties and responsibilities are delegated.
Board of Regents or
Board
"Board of Regents" or "board" means the Board of Regents of the university of
Wisconsin system.
(UWS 1.02, 2/1/75)
For a complete list of current membership of the Board of Regents, contact the
Chancellor's Office or Office of the Senate of Academic Staff or Faculty Senate
Office or Judith Temby, Secretary, 1860 Van Hise Hall, 1220 Linden Drive,
Madison, WI 53706, Tel. (608) 262-2324.
Wisconsin
Administrative Code
Contains the rules of the Board of Regents of the University of Wisconsin System
under which each sub-unit must function. (Cited as UWS in this handbook.)
Institution
(UWS 1.06, 2/1/75)
"Institution" means any university, or an organizational equivalent designated by the
board.
University
"University" means any baccalaureate or graduate degree granting institution.
(UWS 1.07, 2/1/75)
Chancellor
(Chapter 36.09(3), Stats.)
"The chancellors shall be the executive heads of their respective faculties and
institutions and shall be vested with the responsibility of administering board policies
under the coordinating direction of the president and be accountable and report to the
president and the board on the operation and administration of their institutions.
Subject to board policy the chancellors of the institutions in consultation with their
faculties shall be responsible for designing curricula and setting degree requirements;
determining academic standards and establishing grading systems; defining and
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Faculty/Academic Staff/Limited Appointees Handbook
administering institutional standards for faculty peer evaluation and screening
candidates for appointment, promotion and tenure; recommending individual merit
increases; administering associated auxiliary services; and administering all funds,
from whatever source allocated, generated or intended for use of their institutions."
Department
(UWS 1.03, 2/1/75)
Faculty
(UWS 1.04, 2/1/75)
"Department" means a group of faculty members recognized by the faculty and
chancellor of the institution, and the Board of Regents, as dealing with a common
field of knowledge or as having a common or closely related disciplinary or
interdisciplinary interest.
"Faculty" means persons who hold the rank of professor, associate professor,
assistant professor, or instructor in an academic department or its functional
equivalent in an institution. The appointment of a member of the academic staff may
be converted to a faculty appointment in accordance with UWS 3.01(1)(c).
(Chapter 36.09(4), Stats.)
"The faculty of each institution, subject to the responsibilities and powers of the
Board of Regents, the president and the chancellor of such institution shall be vested
with responsibility for the immediate governance of such institutions and shall
actively participate in such institutional policy development. As such, the faculty
shall have primary responsibility for academic and educational activities and faculty
personnel matters. The faculty of each institution shall have the right to determine
their own faculty organizational structure and to select representatives to participate
in institutional governance."
Academic Staff
"Academic staff" means professional and administrative personnel, other than faculty
and classified staff, with duties and types of appointments that are primarily
associated with higher education institutions or their administration.
(UWS 1.01, 2/1/75)
(Chapter 36.09(4m), Stats.)
"The academic staff members of each institution, subject to the responsibilities and
powers of the board, the president and the chancellor and faculty of the institution,
shall be active participants in the immediate governance of and policy development
for the institution. The academic staff members have the primary responsibility for
the formulation and review and shall be represented in the development of all
policies and procedures concerning academic staff members, including academic
staff personnel matters. The academic staff members of each institution shall have
the right to organize themselves in a manner they determine and to select their
representatives to participate in institutional governance."
Academic Staff appointments.
1.
DEFINITIONS. In this section:
a.
"Administrative appointment" means an academic staff appointment for a
fixed or indefinite term granted to a system, campus, college, school or
other divisional office involved in policy development or execution and to
persons involved in directing, organizing or supervising higher education
related activities.
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Faculty/Academic Staff/Limited Appointees Handbook
b.
Limited
Appointments
"Professional appointment" means an academic staff appointment for a
fixed or indefinite term granted to a professional employee who is
involved in the guidance or counseling of students, assisting the faculty in
research, public service or in the instruction of students or who is involved
in other professional duties which are primarily associated with
institutions of higher education; including, but not limited to, such
employment titles as visiting faculty, clinical staff, lecturer, scientist,
specialist and such other equivalent titles as the board approves.
2.
APPOINTMENTS. Appointments under this section shall be made by the
board, or by an appropriate official authorized by the board, under policies and
procedures established by the board. The policies for indefinite appointments
shall provide for a probationary period, permanent status and such other
conditions of appointment as the board establishes.
3.
LIBRARIAN APPOINTMENTS. If in any institution all professional
librarians with appropriate graduate degrees as determined in accordance with
that institution's policies, have formerly been ranked faculty, all present and
future appointments of professional librarians with appropriate graduate
degrees in such institutions shall be as ranked faculty, except in those
institutions where the chancellor and faculty designate that such appointments
shall be as academic staff.
4.
PROCEDURAL GUARANTEES. A person having an academic staff
appointment for a term may be dismissed prior to the end of the appointment
term only for just cause and only after due notice and hearing. A person
having an academic staff appointment for an indefinite term who has attained
permanent status may be dismissed only for just cause and only after due
notice and hearing. In such matters the action and decision of the board, or the
appropriate official authorized by the board, shall be final, subject to judicial
review under ch. 227. The board shall develop procedures for notice and
hearing which shall be adopted by rule under ch. 227. [Chapter 36.15, Stats.]
1.
A limited appointment under section 36.17, Stats., is a special appointment to a
designated administrative position. A person in this type of appointment
serves at the pleasure of the authorized official who made the appointment. A
member of the academic staff granted a limited appointment shall not lose
existing rights to an academic staff appointment by accepting the limited
appointment, and a member of the faculty granted a limited appointment shall
not lose existing rights to a faculty appointment by accepting the limited
appointment. Termination of a limited appointment is not a dismissal under
chapter UWS 4 or UWS 11 and is not otherwise appealable. Wherever
possible 3 months' notice of termination should be given if the appointee does
not hold simultaneously another university appointment.
2.
Limited appointments apply to the following positions: president, senior vice
president, provost, vice president, associate vice president, assistant vice
president, chancellor, vice chancellor, associate chancellor, assistant to the
chancellor, assistant chancellor, associate vice chancellor, assistant vice
chancellor, center system dean, secretary of the board, associate secretary of
the board, assistant secretary of the board, trust officer and assistant trust
officer, and such other administrative positions as the board, the president, or
the chancellor determines at the time of the appointment.
(UWS 15.01, 7/1/77)
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Other Appointments
(UWS 16.01, 11/1/75)
Students
(Chapter 36.09(5), Stats.)
Credit Hour
(Rev.5/22/2015)
The board may make or authorize appointments of specified terms for student
assistants and employees in training, such as residents, interns, post-doctoral fellows
or trainees or associates. Appointments made pursuant to this section shall not be
subject to the provisions of sections 36.13 and 36.15, Stats., and chapters UWS 1-15.
Policies and procedures for such appointments shall be determined as appropriate by
the president or the chancellor of each institution after consultation with appropriate
faculty and with appropriate student assistants and employees in training.
"The students of each institution or campus subject to the responsibilities and powers
of the board, the president, the chancellor and the faculty shall be active participants
in the immediate governance of and policy development for such institutions. As
such, the students shall have primary responsibility for the formulation and review of
policies concerning student life, services and interests. Students in consultation with
the chancellor and subject to the final confirmation of the board shall have
responsibilities for the disposition of those student fees which constitute substantial
support for campus student activities. The students at each institution or campus
shall have a right to organize themselves in a manner they determine and to select
their representatives to participate in institutional governance."
UW-Stout defines a “semester credit hour” as an amount of work represented in
intended learning outcomes and verified by evidence of student achievement that
reasonably approximates:
1. At least 750 minutes of classroom or direct faculty instruction and a
minimum of 1500 minutes of out-of-class student work for one semester
credit hour, or the equivalent amount of work over a different amount of
time (e.g. compressed courses); or
2. At least an equivalent amount of work as required in paragraph (1) of this
definition for other academic activities as established by UW-Stout,
including distance education, online, hybrid, or other indirect faculty
instruction, laboratory work, internships, co-op experiences, studio work,
and other academic work leading to the award of credit hours.
UW-Stout’s definition of the semester credit hour applies to all academic credit
bearing activities at all levels (graduate and undergraduate.)
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Chapter 2: Governance
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Faculty/Academic Staff/Limited Appointees Handbook
CHAPTER II: GOVERNANCE
Constitution of the
Faculty Senate
(4/12/94) (Rev.3/29/96)
Preamble
The faculty of the University of Wisconsin-Stout, acting under its authority in
Chapter 36 of the Wisconsin Statutes, hereby adopts this Constitution of the Faculty.
The authority for faculty governance rests in Chapter 36 of the Wisconsin Statutes
and in the customary role that faculty have played in the educational and academic
activities of colleges and universities.
Chapter 36.09 (3&4) state the primary and consultative responsibilities of the
faculty:
Chapter 36.09 (3) THE CHANCELLORS. The chancellors shall be the executive
heads of their respective faculties and institutions and shall be vested with the
responsibility of administering board policies under the coordinating direction of the
president and be accountable and report to the president and the board on the
operation and administration of their institutions. Subject to board policy the
chancellors of the institutions in consultation with their faculties shall be responsible
for designing curricula and setting degree requirements; determining academic
standards and establishing grading systems; defining and administering institutional
standards for faculty peer evaluation and screening candidates for appointment,
promotion and tenure; recommending individual merit increases; administering
associated auxiliary services; and administering all funds, from whatever source,
allocated, generated or intended for use of their institutions.
Chapter 36.09 (4) FACULTY. The faculty of each institution, subject to the
responsibilities and powers of the board, the president and the chancellor of such
institution, shall be vested with responsibility for the immediate governance of such
institutions and shall actively participate in institutional policy development. As
such, the faculty shall have the primary responsibility for academic and educational
activities and faculty personnel matters. The faculty of each institution shall have
the right to determine their own faculty organizational structure and to select
representatives to participate in institutional governance.
The principle of shared governance, as understood by the faculty of the University of
Wisconsin-Stout, is predicated upon two major concepts, (1) primary responsibility,
and (2) consultative responsibility.
Primary responsibility means the formal power to initiate action, carry out reviews
and make recommendations which result in legislation and can be overruled only in
rare instances for compelling reasons, which must be stated in detail.
Primary responsibility does not exclude the interests of the other party. Either party
may initiate a request for action of the other whether it has primary responsibility or
not.
Consultative means a formal procedure or practice that provides a means to present a
judgment in the form of a recommendation or vote in time to affect the decision
being made.
The consultative process has six elements:
1. Consultation should occur early in the decision-making process.
Chapter 3A: Personnel Rules For All Unclassified Personnel
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Faculty/Academic Staff/Limited Appointees Handbook
2.
The procedures for consultation should be uniform and fair to all parties.
3.
There must be adequate time to formulate a response to a request for
consultation.
4.
Information relevant to the decision should be freely available.
5.
The advice rendered must be adequately considered and feedback given.
6.
The decision, when made, should be communicated to the consulting group.
Chapter 36.09(5) of the Wisconsin Statutes recognizes the right of students to be
active participants in institutional governance. Student participation in faculty
governance shall mean the right to participate on all the standing committees of the
Faculty Senate and to address the Faculty Senate when recognized by its chair.
Article I:
The Faculty Senate
(Rev. 5/24/94, Rev. 7/21/99)
Article II:
Membership,
Representation and
Elections
(Rev. 3/29/96, Rev. 11/97, Rev.
4/20/99-Faculty Senate; Approved
7/21/99-Chancellor; Rev.
10/25/05)
(Rev. Faculty Senate 4/30/08;
Approved Chancellor 5/14/08)
(Rev. Faculty Senate 5/1/12;
Approved Chancellor 12/3/12)
Following custom and tradition, the faculty's governance rights and responsibilities
at the all-university level shall be exercised through a representative body of the
faculty to be known as the Faculty Senate of the University of Wisconsin-Stout.
Unless otherwise stated, the term "faculty," whenever it appears within this
document or its appendices, shall mean all members of the university currently
holding a faculty appointment. Colleges, departments and other units shall
determine their own governance structures as long as these are consistent with state
law and university policy.
1.
Composition of the Senate
a. The Senate shall be composed of at least twenty eight (28) senators, and the
officers of the Senate.
2.
Representation
a. One senator shall be elected by the faculty of each academic department
within the university to represent that department.
b. Additional senators, up to a total of two times the number of colleges, will
be elected from each of the university's broader major academic
disciplinary groups (typically entitled "Colleges"). Each of these
additional senators will be elected solely by faculty members of their
group.
c. The constituents of each major group shall be established by the Election
Committee, including the decision on placement, for election and
representation purposes, of academic departments unaffiliated with a major
academic disciplinary group.
d. Each majority group shall have at least one (1) senator.
e. The number of senators to be selected to represent each major group shall be
based on the proportional number of full-time equivalent faculty employed
in that group.
f. This representation plan will be implemented at the first regularly scheduled
Chapter 3A: Personnel Rules For All Unclassified Personnel
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Senate election and seating of new senators after passage of the plan by the
General Faculty, as follows: Each senator serving at that time will continue
to serve until his/her term expires. Academic departments with more than
one faculty member currently serving on the Senate will be asked to
designate which senator is to be considered as the representative of that
department; other senators from that department will subsequently be
considered to represent the major group to which they belong. A special
departmental faculty election will be requested to select a senator from
each and any academic department not represented on the Senate. A
special major group election will be requested to select a senator or
senators from major groups that are not represented or have insufficient
representation to meet the newly-calculated major group Senate
representation level.
3.
Eligibility
Any faculty member is eligible for election as a senator.
4.
Vacancies
5.
Alternatives for Short-Term Vacancies
a. Each representative unit will elect an alternate to serve on the Faculty
Senate if a senator from that unity cannot attend a Faculty Senate meeting.
Faculty Senate Alternates will be full voting members of the Faculty
Senate.
b. Short-term vacancy is defined as 1 or 2 consecutive Faculty Senate
Meetings. Short-term vacancies may result from, but are not limited to:
illness, schedule conflicts, university-related travel.
c. An alternate for each representative unit will be elected when the Faculty
Senator is elected. Short-term alternates for Faculty Senate will function
like alternates for Faculty Senate standing committees.
d. The senator has the responsibility of informing the alternate of the need to
attend a meeting.
e. The senator and the alternate share responsibility for staying informed of
Faculty Senate issues. When informing the alternate of the need to attend a
Faculty Senate meeting, he or she will inform the alternate about issues
appearing in the agenda. The alternate is responsible for reading minutes
of each Faculty Senate meeting to maintain knowledge of the issues
discussed at each meeting.
Alternates for Long-Term Vacancies
a. Faculty Senators filling a long-term vacancy declared by the Faculty Senate
Chair will be full voting members of the Faculty Senate.
b. A long-term vacancy is defined as missing 3 or more Faculty Senate
meetings in one semester. Long-term vacancies may result from but are not
limited to; a leave of absence, sabbatical, teaching schedule conflicts,
failure of the senate to attend Faculty Senate meetings, or the resignation of
a senator.
c. Once the Faculty Senate Chair has declared a vacancy, the representative
unit will elect a replacement to fill the remainder of time until the original
senator can return to the Faculty Senate of the original senator’s term if
he/she is unable to fill the remainder of the term.
Terms of Office
a. The term of service as a senator shall be three (3) years.
b. The term of service for senators shall begin on August 25 and end on
August 24.
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6.
Elections
a. The Election Committee shall be responsible for the conduct of all Senate
elections except elections of departmental senators. This includes
responsibility for elections of Senate vice chair, all other senators, persons to
the standing committees, and others as needed. All details concerning
elections not prescribed in these articles shall be formulated and maintained
by the Election Committee and approved by the Senate.
b. The Election Committee shall be chaired by the vice chair of the Faculty
Senate and shall consist of two additional senators plus two additional
faculty, who may or may not be senators, appointed by the chair and
confirmed by a majority vote of the Senate at the first meeting. The term
of office shall be from Faculty Senate confirmation until replaced.
c. The regular elections to the Senate shall be conducted in the period from
October through December.
d. A notice of the annual or any special election to the Senate or to any of its
committees must be distributed to the electorate at least two weeks prior to
the election.
e. All voting shall be by ballot provided by the Election Committee.
f. Candidates
(1) Candidates for the offices of vice chair, chair, secretary and senator
at-large shall file for election at least three weeks prior to the election
and shall be announced on the election notice.
(2) Candidates for senator representing a major faculty group shall be
announced within forty-eight hours after the senator at-large election
and voted on within the next seven days.
g. Write-in votes shall be counted in any election, excepting run-off elections.
h. A majority of the votes cast shall be required to elect the vice chair, chair,
and secretary. Ballots returned in unsigned or unofficial envelopes, ballots
which fail to comply with balloting instructions, blank (unmarked) ballots
and abstentions shall not be counted as "votes cast." A separate ballot for
the position of vice chair shall be used. If no candidate should receive a
majority of votes cast, a run-off election shall be held between the two
leading candidates. Ties shall be decided by a flip of a coin.
i. A certification of election of a candidate shall be submitted by the chair of
the Election Committee to the secretary within twenty-four hours after the
close of the election.
Article III: Officers
of the Faculty Senate
(Rev.3/29/96, Rev. 4/25/95, Rev.
10/25/05)
(Rev. Faculty Senate 4/30/08;
Approved Chancellor 5/14/08)
(Rev. Faculty Senate 5/1/12;
Approved Chancellor 12/3/12)
1.
Election of Officers
a. The officers of the Faculty Senate shall be the chair, vice chair and
secretary.
b. The chair shall be elected at-large by the faculty every two years.
c. The vice chair shall be elected at-large by the faculty every two years.
d. The secretary shall be elected at-large by the faculty every two years.
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e. Faculty with two and one-half academic years of unclassified service to the
University of Wisconsin-Stout shall be eligible to hold the offices of chair,
vice chair and secretary.
f. The term for each office shall be two years. The term for each office shall
begin at the commencement of the academic year.
g. When a vacancy in any office occurs, the Executive Committee shall so
notify the Senate.
h. A vacancy in the office of the chair shall be filled by the vice chair for the
remainder of the previous chair’s term.
i. A vacancy in the office of secretary shall be filled for the remainder of the
term by appointment of the chair subject to confirmation by a majority of the
Senate.
j. Any officer of the senate may be removed by the following procedure: a
request for removal may be made by either a written petition from ten
percent (10%) of the faculty or by majority vote of the Faculty Senate (If the
challenge applies to the chair of the Senate, the chair shall yield to the vice
chair for the purpose of this action), and shall be ratified by a two thirds
majority of the faculty voting on removal. If two-thirds of the voting faculty
does not vote in favor of removal, the officer shall retain his/her office. This
process shall be conducted by the Election committee.
2.
Duties of the Officers
a. The chair shall preside at all meetings of the Senate and the Executive
Committee; shall prepare the agenda, make appointments not otherwise
prescribed or denied, and coordinate the Senate committees in consultation
with the Executive Committee; and shall be the Senate representative on
institutional and system governance bodies except where otherwise decided
by the Senate.
b. The vice chair shall perform the duties of the chair in his/her absence, shall
serve on the Executive Committee and shall serve as chair of the Election
Committee.
c. The secretary shall be responsible for the keeping and distribution of
minutes of all Senate and Executive Committee meetings; shall act as
recording secretary or see to it that minutes of all open meetings are
recorded by a classified employee of the Senate Office of designate; shall act
as the recording secretary at all closed meetings; shall maintain one
complete record of all Faculty Senate and Executive Committee meetings in
the Senate files; and shall provide one for the university archives.
Article IV: Conduct
of Senate Business
(Rev. 5/25/94)
(Rev. Faculty Senate 2/9/16;
Approved Chancellor 2/15/16)
1.
Meetings of the Senate
a. The Senate shall hold monthly meetings during the academic year.
Meetings during the summer time shall be held as needed.
b. The first meeting each year must be scheduled on or before the second
Tuesday in September.
c. Special meetings may be called by the chair or as scheduled by the Senate.
A special meeting must be called upon the written request of five members
of the Senate.
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d. General faculty meetings, for the purpose of discussing issues of concern,
can be convened whenever the chair of the Senate or a majority of the
Senate desire broader input from the faculty.
e. Two-thirds of the voting membership shall constitute a quorum.
f. A special meeting will be held in May for planning and orienting new
senators.
2.
The Agenda
a. The agenda is determined by the chair in consultation with the Executive
Committee.
b. The order of business shall be:
(1) Call to Order
(2) Approval of Minutes of Previous Meeting
(3) Report of the Chancellor (or designee) followed by Questions and
Responses
(4) Announcements
(5) Committee Reports
(6) Old Business
(7) New Business
(8) Adjournment
3.
Conduct of Business
a. Robert's Rules of Order shall govern the conduct of the meetings.
b. The Senate shall comply with the Open Meeting Law. Non-Senate members
may speak at Senate meetings when recognized by the chair.
Article V: The
Executive Committee
1.
Membership and Election
a. The Executive Committee shall consist of the chair, the vice chair, the
secretary, one senator representing each college, and the chairs of all
standing committees. All members of the Executive Committee shall be full
voting members. A quorum shall consist of at least 7 members.
(Rev. 4/25/95, Rev. 3/29/96, Rev.
4/20/99-Faculty Senate; Approved
7/21/99-Chancellor)
Rev. Faculty Senate 2/9/16;
Approved Chancellor 2/15/16)
b. All terms shall be one year in length beginning upon election and concluding
upon replacements.
c. At the first meeting of the Senate on or before the second Tuesday in
September, the entire membership, except for the chair, shall divide itself
into units as determined by the academic appointment locale of the members
from each of the colleges.
Each of these groups shall elect by majority vote one member to represent
its group on the Executive Committee. When a vacancy occurs the group
shall elect a replacement by majority vote.
2.
Duties
a. The Executive Committee shall aid the chair in establishing the agenda for
Senate meetings, may suggest policies and the means of implementing them
to the Senate, assist the chair in coordinating the Senate committees, and
recommend to the Senate interpretations of the Senate's Constitution. The
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Executive Committee may act on behalf of the Senate when the time frame
does not permit the convening of the Senate. The Executive Committee
must report all of its actions to the Senate at the next Senate meeting.
Article VI: Standing
Committees
1.
Representation and Responsibilities
a. The Senate shall establish standing committees when it deems them
necessary for effective governance. They shall be identified in the bylaws of
this Constitution.
b. The standing committees shall be accountable to the Faculty Senate and
shall advise the Senate in carrying out its primary responsibilities for
governance.
c. The specific responsibilities of the committees, their membership, and
election procedures shall be attached to this Constitution as bylaws.
Article VII:
Amendments to the
Bylaws
1.
Procedure
a. Amendments to the bylaws of this Constitution shall be made by majority
vote of the Faculty Senate.
b. Amendments to the bylaws must be introduced at a regular meeting of the
Faculty Senate and adopted at a subsequent regular meeting of the Senate.
Article VIII:
Amendments to the
Constitution
1.
Procedure
a. Amendments to this Constitution may be proposed by written petition of ten
percent (10%) of the faculty or by majority vote of the Faculty Senate, and
shall be ratified by a two-thirds majority of the faculty voting on the
amendment.
b. Notice of proposed amendments must be posted and distributed to eligible
voters at least two weeks prior to the ratification vote.
Bylaws of the Election
Committee
(Rev. Faculty Senate
04/13/2015; Approved
Chancellor 04/16/2015)
Pre-Balloting
Procedures
1.
The office of Human Resources provides the lists of faculty to the senate
assigned. The senate assistant removes the list of individuals that are not
eligible for call for nominations and not eligible to participate in the election
process.
2.
Faculty members who hold full time administrative positions are not eligible to
participate in the call for nominations and the election process.
3.
Call for nominations are sent electronically in September in the fall semester and
February in the spring semester. The call for nominations is open for fourteen
days.
4.
After the call for nominations is closed, the senate assistant confirms the
nominations with the nominees electronically and prepares the official ballots.
5.
The official ballots shall be distributed and returned electronically via a secure
mechanism which ensures confidentiality of the voter and allows only one vote
per voter.
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Balloting Procedures
Tabulating
Procedures
Reporting Process
Selecting faculty
members to serve on
high-level
administrative hiring
committees
6.
Official ballots shal include balloting instructions; names of annou;nced
candidates; the choice of :abstention”; and “write-in” space clearly indicated.
7.
Official ballots shall clearly specify the required date by which they must be
returned to the Senate Office.
7.
The vice chair, after consultation with the Election Committee, shall approve
the ballots before distribution.
1.
All eligible voters shall be sent the official ballots electronically.
2.
Proxy voting is not permitted.
3.
Elections shall last for fourteen days. Ballots shall not be viewed until the
election deadline has passed and they are evaluated and verified at a meeting of
the Election Committee with a majority of the committee members present.
1.
When the election is over, the senate assistant shall organize the results in a
manner that shows the names of candidates for each position and the number of
votes. w
2.
When the ballots are to be evaluated and verified, the ballots shall be viewed in
the presence of a majority of the members of the Election Committee.
3.
Those ballots qualifying as votes cast, using the definition contained with
Article II, Sec. 6, Para. h of the Constitution of the Faculty Senate, University
of Wisconsin – Stout, shall be evaluated and verified. The verified results of the
election will be submitted to the Senate Office.
4.
All ballots received shall be kept on file in the Senate Office for a period of
three months.
1.
The Official Teller's Report shall be a standardized form and shall list all
candidates, including write-ins and abstentions, and the votes received by each.
2.
After tabulation of the results, the senate assistant confirms with each candidate
who was elected that the candidate will accept the position. If a candidate
declines, the senate assistant will contact the next person in succession per the
official results tabulated by the Election Committee. The process continues
until a confirmed acceptance is received.
3.
Following the confirmation and acceptance of the election results, and Official
Election report will be posted online on the Senate webpage.
1.
The Election Committee of the Faculty Senate will put out a call for
nominations for faculty to serve on administrative hiring committees for an
upper level administrator, when the need arises;
2.
To ensure fair and equitable representation over time, the faculty senate election
committee will place an asterisk next to the name of the person representing the
department whose member last served on an administrative hiring committee;
3.
The election ballot will explain the significance of the person with the asterisk
next to her/his name;
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4.
In addition, the faculty senate election committee will make every effort to meet
equity concerns by representing minority viewpoints and cultural differences
(e.g. gender; LGBTTQ status, race/ethnicity, language, etc.) in their choice of
nominees;
5.
The faculty senate election committee, acting in a manner that is sensitive to the
time constraints of proposed searches, will conduct elections in a timely and
efficient manner, and forward these results to the appropriate bodies.
Bylaws of the
Curriculum and
Instruction
Committee (10/19/89)
(Rev. Faculty Senate 10/28/14;
Approved: Chancellor 12/19/14)
(Rev. Faculty Senate 2/9/16;
Approved Chancellor 2/15/16)
(Rev. Faculty Senate 10/5/16;
Approved Chancellor 10/11/16)
(Rev. Faculty Senate 3/7/17;
Approved Chancellor 3/21/17)
Name
The name of this Faculty Senate standing committee shall be the Curriculum and
Instruction Committee.
Purposes
Section 1. The committee shall be accountable to the Faculty Senate, as
representative of the faculty which has primary responsibility for curriculum and
instruction. All Curriculum Committee actions shall be communicated to the
Provost on behalf of the Senate.
Section 2. The purposes of the committee shall be to review, develop, and
recommend policy and guidelines regarding curriculum to the Faculty Senate and
approve or disapprove requests for new courses, course revisions, new programs,
program revisions, major and sub-major academic programs, minors, concentrations,
professional development certificates, and specializations.
Section 3.
The objectives of the committee shall be:
1.
To review, develop, and recommend new and/or modified curriculum
policies as needed.
2.
To serve as an academic forum to consider and act upon proposals for creditproducing learning experiences as well as major and sub-major academic
programs and specializations.
5.
To ascertain if the proposal is in accordance with the Institutional Mission
Statement, priorities, and policies of the university.
6.
To ascertain if the proposal will fulfill a justifiable need.
7.
To ascertain if the proposal has realistic, consistent and measurable
objectives, and appropriate evaluation procedures.
8.
To ascertain if the proposal is housed in the appropriate college or area.
9.
To ascertain if the level (of a course proposal) is in keeping with the content,
objectives, and prerequisites stated in the proposal, and in relationship to
other offerings.
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10.
To ascertain if the title and catalog description is descriptive of the content
and objectives of the proposal.
11.
To ascertain if the proposal results in unnecessary overlap or duplication
with existing offerings.
12.
To ascertain if the proposal is desirable from an instructional viewpoint
relative to quality and its relationship to other offerings.
13.
To encourage a transdisciplinary approach to curriculum and instructional
growth.
14.
To promote academic excellence and educational opportunity and encourage
the use of appropriate standards throughout the curriculum.
Section 4. The committee shall not consider the availability of budgetary resources
for any proposal or the methodology of teaching a course.
1.
The availability of fiscal resources and personnel is the responsibility of the
department and college as it is a budgetary decision; however, for
informational purposes, reporting of the availability of fiscal resources and
personnel shall be included in new course proposals and new or revised
program proposals. Courses and programs affected by reallocation should
also be reported to the committee.
2.
The methodology of teaching a course is the responsibility of the individual
instructor, department and/or college and is described only to aid in
understanding the objectives and intent of the course.
Section 5. In coordination with the Associate Vice Chancellor, the committee will
review and make recommendations concerning the university's Curriculum
Handbook.
Membership
Section 1. The members shall concern themselves with the Institutional Mission
Statement, and shall be elected to provide a cross-section of the academic
community of the university.
Section 2.
The qualifications of the members of the committee shall be:
1.
To be knowledgeable about the university, its mission, structure, and the
more specific specialized objectives and missions of the various units which
comprise the total university.
2.
To be knowledgeable about the bylaws and status of the Committee within
the university structure.
3.
To be able to serve without undue distraction of other activities either
imposed on or undertaken voluntarily by proposed members. This implies
that members should not be so unduly involved with other activities that they
distract from active and meaningful service on the committee.
Section 3.a. The duties of the members of the committee shall be:
1.
To attend all meetings of the committee.
2.
To study all the material submitted before the meeting to become
knowledgeable of what is to be considered, and to be able to act intelligently
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and professionally on the material at the meeting.
3.
To participate fully in the activities of the committee in considering all items
submitted.
4.
To serve, as needed, on subcommittees of the committee when so assigned
by the chair. Subcommittees are established according to need to study and
make recommendations to the committee about those items under
consideration or other items which the committee deems necessary of special
consideration.
5.
To assume an all-university attitude in their membership, by refraining from
individual or special group interest in their deliberations and voting. This
implies giving highest consideration to the good of the university and its
students on the part of the members of the committee.
6.
To serve as a consultative resource to staff, departments and colleges
concerning the curricular review process and related issues.
Section 3b. The instructional resource representative to the committee is specifically
charged with facilitating communication between the committee, proposers of
curricular changes, and the instructional support units within the University Library
and Learning Technology Services.
Section 4. The members of the committee shall consist of faculty, academic staff,
and students:
1.
Four voting members are to be elected by and from each of the colleges’
faculty (at least one must be in the School of Education).
2.
One voting member representing the Graduate Education Committee will be
appointed by the Graduate Education Committee with graduate faculty
status.
3.
Two voting academic staff members elected by the Senate of Academic
Staff.
4.
One voting student member representing the Student Senate.
5.
One non-voting ex-officio member from the Office of the Provost.
6.
One non-voting ex-officio member from the Graduate School.
7.
One non-voting ex-officio member from the Registrar’s Office.
8.
One non-voting member will be appointed by the Library Director and serve
as the Instructional Resource Services representative.
9.
One non-voting member will be appointed by the Learning Information
Technology Services Director and designated as the instructional technology
resource representative.
Section 5. Alternates:
1.
Members elected from the colleges shall have an alternate elected in the
same manner and for the same term as the regular members to serve in the
absence of the regular members.
2.
The Library Director will appoint one alternate to serve as the instructional
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3.
4.
resource representative in the absence of the regular member.
The Learning Information Technology Services Director will appoint one
alternate to serve as the instructional technology resource representative in
the absence of the regular member.
The Senate of Academic Staff shall elect two alternates in the same manner
and for the same term as regular members to serve in the absence of the
regular member.
Section 6. Terms of office shall be as follows:
1.
The length of term of faculty and academic staff members shall be three
years.
2.
The committee members may serve successive terms.
Section 7. Rotation of Membership
Officers and
Secretary
1.
The colleges shall elect or re-elect the faculty representatives (including the
respective alternates) following a three-year rotation cycle so that one third
of the faculty are being selected each year.
2.
The Library Director will appoint one member and one alternate each year to
serve as the instructional resource representative.
3.
The Learning Information Technology Services Director will appoint one
member and one alternate each year to serve as the instructional technology
resource representative.
4.
The Senate of Academic Staff shall elect two academic staff members and
two alternates on a three-year rotation cycle.
5.
Member terms shall start with the first meeting of the committee in each new
academic year.
6.
Agencies (colleges, functional units and senates) electing members shall do
so before the end of the academic year preceding the September starting
month of membership.
7.
When a member or alternate member must resign from the Committee before
the end of their term, the unit represented by that member or alternate shall
elect a replacement to fulfill the uncompleted portion of that member’s or
alternate’s term.
8.
All elections for college representative members of the committee shall be
conducted by the Faculty Senate in accordance with its rules and procedures.
Section 1. The officers of the Committee shall be a chair and vice chair.
Section 2. The secretary shall be the Associate Vice Chancellor and shall serve as
ex-officio, non-voting member of the committee and liaison officer to the Provost.
Section 3. The chair and the vice chair shall be elected by the committee.
Section 4. The officers shall serve a term of one year and may be reelected.
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Section 5. The election of officers shall be held at the September meeting.
Duties of Officers and
Secretary
Section 1. The chair shall:
1.
Preside at all meetings of the committee.
2.
Establish and arrange meeting schedule and location in coordination with the
secretary.
3.
Maintain liaison with the Associate Vice Chancellor regarding curriculum
matters and, in coordination with the Associate Vice Chancellor, establish
the agenda for committee meetings.
4.
Attend the meetings and serve as a voting member of the Executive
Committee of the Faculty Senate.
5.
Report all curriculum decisions made by the Faculty Senate back to members
of the Curriculum and Instruction Committee.
6.
Maintain liaison with the Chair of the Faculty Senate and the Executive
Committee of the Faculty Senate regarding curriculum matters.
7.
Conduct proceedings of the committee in accordance with the bylaws.
Section 2. The Vice Chair shall:
1.
Keep an accurate record of proceedings and actions of each meeting.
2.
Prepare the minutes for distribution prior to the next meeting.
3.
Forward the minutes and materials, along with appropriate approval sheets,
for approval, modification or rejection by the Provost and Chancellor, to the
Secretary.
4.
Assume and perform the duties of the Chair in the absence or disability of
the Chair.
Section 3. The Secretary shall:
1.
Publish regular meeting dates, including deadlines for submission, no less
than two weeks in advance of the submission deadline.
2.
Notify all members of the committee, the Chair of the Faculty Senate, the
Provost, and other necessary parties of any special meetings.
3.
Receive materials submitted for consideration at a meeting and collate them
in preparation for distribution.
4.
In coordination with the Associate Vice Chancellor, prepare an agenda for
each regular meeting and distribute the agenda plus copies of all submitted
materials to personnel as required one week in advance of each regular
meeting.
5.
Upon receipt of approval forms, appropriately inform the Registrar, Library,
Graduate School, each college and Instructional Resources Service, and
place actions on file. Distribute the final actions taken by the Provost and
Chancellor to the members of the Curriculum and Instruction Committee and
to administrative and faculty offices as required.
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Section 4. The secretary may delegate some or all of the responsibilities described in
Section 3 of this article to an appropriate staff member.
Meetings
Section 1. Regular meetings of the committee shall be held monthly during the
academic year and as needed during the summer session.
Section 2. Special meetings may be called by the Chair.
Section 3. The quorum shall consist of a majority of the voting members.
Section 4. The meetings shall be open.
Section 5. Robert’s Rule of Order shall govern the conduct of the meetings.
Procedure for
Recommendations
Section 1. All procedures for recommendations shall be found in the Curriculum
Handbook approved by the Curriculum and Instruction Committee.
*Section 2. The recommendations will only be considered at a meeting if the party
submitting the material is present or represented by an alternate. At the discretion of
the Chair, certain routine recommendations may be considered without
representation.
Section 3. The College shall submit proposals to the Associate Vice Chancellor, in
accordance with the Curriculum Handbook. The deadline for submission shall be
stated in the notice of the meeting.
Section 4. It shall be permissible, by exception, for the Provost to approve a course
for offering up to two times due to its special nature or on short notice, in accordance
with the Curriculum Handbook. The Provost may authorize two offerings within
three years without further action of this committee.
Amendments
Section 1. Recommendations for changes in the bylaws shall be distributed to
members at least two weeks prior to consideration by the committee.
Section 2. Recommendations to the Faculty Senate for changes in the bylaws shall
be approved by two-thirds majority of the voting members of the Committee.
Bylaws of the
Educational Activities
Committee
(Rev.4/30/96)
Organization
(Rev. 3/16/99-Faculty Senate;
Approved 4/16/99-Chancellor)
(Rev. 3/10/04)
(Rev. 2/26/08)
(Rev. Faculty Senate 3/11/08;
Approved Chancellor 6/17/08)
(Rev. Faculty Senate 4/5/16;
Approved Chancellor 4/21/16)
1.
Membership
a.
The committee shall consist of the following members:
(1)
Five members elected by the Faculty Senate and the Senate of
Academic Staff: four will be faculty members elected by the
Faculty Senate and one will be an academic staff member elected
by the Senate of Academic Staff.
(2)
One faculty member from each of the colleges – each elected by
the faculty of her/his respective college.
(3)
One academic staff member from the University Library and one
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academic staff member from Student Services – each elected by
the academic staff of his/her respective groups
b.
2.
4.
Responsibilities of the
Committee
The Registrar as an ex-officio non-voting member.
(5)
Dean of Students, or designee, as a non-voting member, who will
act as a resource person.
(6)
Two student members chosen by the Student Senate for 1-3 year
terms.
(6)
Designee from the Office of the Provost, as a non-voting member,
who will act as a resource person.
All elected members (except students) shall serve three-year staggered
terms of office.
Quorum
a.
3.
(4)
Quorum will consist of a majority of voting members.
Officers
a.
Each year, at its first organizational meeting in September, the committee
shall elect a chair and a vice chair from the faculty and academic staff
{persons identified in 1.a.(1) (2) and (3) above} members on the
committee.
b.
The terms of office shall be one year in length with the possibility of
re-election.
c.
The general duties of the officers are outlined in Robert's Rules of Order.
d.
The chair is a voting member of the Faculty Senate Executive Committee
and is responsible for delivering recommendations and actions of the
Educational Activities Committee to the Faculty Senate and its Executive
Committee.
Subcommittee/Task Force
a.
Subcommittees/task forces, as needed, shall be appointed by the chair,
subject to approval by a majority vote of the members present.
b.
The charge of each subcommittee/task force shall be determined by the
chair, subject to approval by a majority vote of the members present.
The committee is responsible for reviewing and making recommendations to the
Faculty Senate regarding policy related to educational activities including:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Undergraduate admissions standards
Academic calendar
Opening week activities
Workload
Class size
Undergraduate grading
Attendance
Pre-registration
Undergraduate enrollment/student status
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10. Student concerns
11. Other responsibilities as directed by the Faculty Senate
The committee will forward policy recommendations that may directly impact
graduate education to the Graduate Education Committee for feedback. The EAC
will review educational policy recommendations from the Graduate Education
Committee that may directly impact on undergraduate education. Upon reaching
consensus, the policy recommendations will be forwarded to the Faculty Senate by
the initiating committee.
Conduct of the
Meetings
1.
The chair shall develop a calendar of meetings and general schedule of
activities for the year, subject to approval by a majority vote of the members
present.
2.
Meetings shall be conducted in accordance with Robert's Rules of Order.
3.
Decisions and recommendations shall be made by a majority vote of the
members present.
4.
Regular attendance of members is expected. Members who cannot attend
should notify the chair in advance. If a quorum is not attainable, the chair can
reschedule the meeting.
5.
After three unexcused absences, the chair may consult with the appointing
body and may declare the position vacant.
1.
Recommendations for changes in the bylaws shall be distributed to the
committee members at least two weeks prior to consideration by the
committee.
2.
Recommendations to the Faculty Senate for changes in the bylaws shall be
approved by a majority vote of the committee.
(Rev, 3.16.99-Faculty Senate;
Approved 4/16/99-Chancellor)
Revisions
Bylaws of the General
Educational
Committee
(Passed by Faculty Senate 4/20/99;
Approved by Chancellor 7/21/99)
(Rev. 3/10/04)
(Rev. Faculty Senate 10/14/08;
Approved Chancellor 11/20/08)
Name
The name of this Faculty Senate Standing Committee is the General Education
Committee.
Purposes
The purposes of the committee shall be
1.
to review, develop, and recommend policy and standards regarding general
education to the Faculty Senate.
2.
to act on requests regarding the inclusion of courses in the list of general
education courses.
3. to participate constructively in assessment education, and advisement as they
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relate to general education at the University of Wisconsin-Stout.
Membership
1.
(Revised 2/4/15 – Faculty Senate:
Approved Chancellor 2/9/15)
The General Education Committee will consist of seventeen (17) voting
members as follows:
a.
Faculty whose academic preparation includes the appropriate
specialization for a general education course in the content areas listed
below and who have taught in the content area within the last year.
Representatives shall be elected by faculty of each content area. Faculty
of General Education courses who teach in more than one content area
and have appropriate specializations or experience as indicated above
shall designate the area they prefer to represent and they shall vote only
in that area.
Departments responsible for offering General Education classes will be
asked each year to provide the names of faculty of General Education
courses to the Senate office, and – if appropriate – which content area
the faculty teacher will represent.
Communication Skills – 2
Analytic Reasoning and Natural Sciences – 2
Arts and Humanities – 2
Social and Behavioral Sciences – 2
Contemporary Issues – 1
Social Responsibility and Ethical Reasoning – 1
b.
Additional representatives shall be elected by faculty and/or staff of each
of the following areas, as indicated:
•
•
•
c.
2.
One elected faculty member from each college – 3
Instructional academic staff member - currently teaching
general education courses – 2 (elected by instructional
academic staff)
Student – 1 (to be recommended by the SSA)
Ex-Officio members:
• Provost’s Office (ex-officio) – 1
• Representative from the Advisement Center – 1 (elected by
Advisement Center staff)
• RES/GLP chair or designee – 1
The General Education Committee will also have twelve alternate members to
be selected as follows:
• One runner-up from the faculty election in each content area in section
1.a shall serve as alternate for that content area – 6
• Alternate representatives in each content area in section 1.b shall be
appointed by faculty and staff of each area – 6
• When the elected representative from a content area cannot attend, one
alternate from that area will serve as a voting member.
• Alternates are encouraged to attend meetings when they do not serve.
Since alternates cannot be presumed to know when they are needed to
serve, any member who must miss a meeting should contact the
alternate from his or her content area.
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3.
Officers
Responsibilities of the
Committee
1.
2.
3.
Each voting member, with alternate, (except for the student member, whose
length of term is to be determined by the SSA) is to be elected to a three-year
term, with one-third of the committee being selected each year.
a.
Each year at its organizational meeting, the committee shall elect a chair
and vice chair from the members on the committee.
b.
The terms of office shall be one year in length with the possibility of reelection.
c.
The general duties of the officers are outlined in Robert's Rules of
Order.
d.
The chair shall develop a schedule of activities for the year subject to
approval by a majority vote of the members present.
e.
The vice chair shall record minutes for each meeting, preside in the
chair’s absence, and shall consult with the chair on scheduling activities
and other committee issues.
Development of General Education Standards
a.
The committee leads the university in developing and maintaining a
common general education standard for undergraduate programs in the
university.
b.
The committee recommends to the Faculty Senate concerning standards
for general education including but not limited to definitions,
distribution requirements, and total credit hours.
c.
The committee passes to the Curriculum and Instruction Committee for
review any proposals for substantive changes in the General Education
curriculum, including any changes in category definitions and credit
distribution. That committee may, according to its bylaws and practice,
also make recommendations to the Faculty Senate.
d.
The committee monitors and responds to UW System-level
developments related to general education.
Assessment & Review of General Education
a.
The committee periodically reviews the condition of general education
in the university.
b.
The committee participates in and takes a leadership role in assessment
and review of general education.
c.
The committee coordinates and assembles reports related to periodic
review of general education by the Planning and Review Committee.
Committee's Role in Education and Advisement
a.
The committee advocates for general education as a vital component of
education provided at UW-Stout.
b.
The committee promotes campus-wide awareness regarding general
education issues and requirements.
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Meetings
Relationship Between
the General
Education Committee
and the Curriculum
and Instruction
Committee
c.
The committee serves as an advisory group to academic program
committees regarding the general education component of degrees.
d.
The committee works with the Provost's Office to maintain an official
list of currently offered General Education Courses and Requirements.
e.
The committee provides academic advisement information to faculty
and students regarding general education.
1.
Regular meetings of the General Education Committee shall be held monthly
during the academic year and as needed during the summer sessions.
2.
Special meetings may be called by the chair.
3.
The quorum shall consist of a majority of the voting members (i.e. eight
members and alternates serving as voting members).
4.
The meetings shall be open.
The Curriculum and Instruction Committee has an important rope in reviewing and
recommending approval by the Faculty Senate of curriculum plans in General
Education, just as it reviews and approves curriculum plans in the form of academic
programs, concentrations, minors and specializations. The General Education
Committee functions much like a program committee when it monitors the status of
and initiates revisions in the general education curriculum, such as revising the
category definitions or changing the credit distribution. These roles of initiator and
reviewer are complimentary, rather than overlapping. Both roles reflect an exercise
of primary governance responsibilities of the faculty.
Bylaws of the
Graduate Education
Committee
(Passed by Faculty Senate 1/31/06)
Approved by Chancellor 2/20/06)
(Rev. Faculty Senate 12/12/06;
Approved Chancellor 12/22/06)
(Rev. Faculty Senate 4/22/08;
Approved Chancellor 6/17/08)
(Rev. Faculty Senate 3/6/12;
Approved Chancellor 4/10/12)
Name
The name of this Faculty Senate Standing Committee is the Graduate Education
Committee.
Purposes
The purposes of the committee shall be:
1.
To review, develop, and recommend policy and standards regarding graduate
education to the Faculty Senate.
2.
To act on requests regarding the approval of graduate faculty members.
3.
To act on requests regarding the approval of new or revised graduate-level
courses and graduate degree programs, and have representation on both the
Curriculum and Instruction Committee and the Planning and Review
Committee.
4.
To participate in the assessment and review of graduate education across
campus, and have representation on the Planning and Review Committee.
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Membership
5.
To participate in the promotion of graduate education across campus.
1.
The Graduate Education Committee will consist of thirteen (13) voting
members, 11 graduate faculty, one academic staff member and one graduate
student, and three (3) non-voting ex-officio members as follows:
a.
b.
c.
d.
e.
f.
2.
Officers
Responsibilities of the
Committee
1.
2.
Each voting member (except for the student member whose term is determined
by the SSA) is elected to a three-year term with one third of the committee
being selected each year.
a.
Each year at its organizational meeting, the committee shall elect a chair
and vice chair from the members on the committee.
b.
The terms of office shall be one year in length with the possibility of reelection.
c.
The general duties of the officers are outlined in Robert's Rules of
Order.
d.
The chair shall develop a schedule of activities for the year subject to
approval by a majority vote of the members present.
e.
The vice chair shall preside in the chair’s absence and shall consult with
the chair on scheduling activities and other committee issues.
Development of Graduate Education standards and policy
a.
The committee leads the university in developing and maintaining
graduate education standards for graduate programs in the university.
b.
The committee recommends to the Faculty Senate concerning policies
for graduate education including, but not limited, to definitions,
admissions and graduation requirements.
c.
The committee monitors and responds to UW System-level
developments related to graduate education.
Approval of Graduate Faculty Members
a.
3.
Eleven Graduate Faculty members apportioned between the colleges
based on the number of graduate programs within the college, but not
less than one member from each college. Additionally, at least one
alternate Graduate Faculty member elected from each college. The
graduate faculty members of each college elect their representatives.
One academic staff member and one alternate elected by the Senate of
Academic Staff.
One graduate student member elected by the Stout Student Association.
One ex-officio Director of Graduate Studies
One ex-officio member from the University Library.
One ex-officio member from the Provost’s Office.
The committee shall be responsible for the approval of all graduate
faculty members using the criteria set forth in the graduate policies.
Approval of Graduate Curriculum
a.
The committee shall act on requests regarding the approval of new and
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revised graduate courses and programs. Approved courses will be
forwarded to the Curriculum and Instruction Committee.
4.
5.
b.
The committee shall act on requests regarding the approval of entitlement
to plan, new, and revised graduate programs. Approved entitlement to
plan and revised graduate programs will be forwarded to the Planning and
Review Committee and the Curriculum and Instruction Committee
respectively.
c.
A member of the Graduate Education Committee will be elected to the
Curriculum and Instruction Committee to represent the concerns of the
Graduate Education Committee.
Assessment & Review of Graduate Education
a.
The committee annually reviews the condition of graduate education in the
university.
b.
A member of the Graduate Education Committee will be elected to and
serve as a regular member of the Planning and Review Committee.
Committee’s Role in Education and Advisement
a.
The committee advocates for graduate education as a vital component of
education provided at UW-Stout.
b.
The committee promotes campus-wide awareness regarding graduate
education issues and requirements.
c.
The committee works with the Graduate School Office to maintain an
official list of graduate faculty and graduate student policies.
Meetings
1.
Regular meetings of the Graduate Education Committee shall be held monthly
during the academic year and as needed during the summer sessions.
2.
Special meetings may be called by the chair.
3.
The quorum shall consist of a majority of the voting members.
4.
The meetings shall be open.
5.
The Graduate School Office shall provide secretarial support to the committee.
1.
Membership
Bylaws of the
Personnel Policies
Committee
(Rev. 4/30/96)
(Rev. 3/10/04)
(Rev. Faculty Senate 5/6/08;
Approved Chancellor 6/17/08)
(Rev. Faculty Senate 2/15/11;
Approved Chancellor 5/3/11)
(Rev. Faculty Senate 2/9/16;
Approved Chancellor 2/15/16)
(Rev. Faculty Senate 12/09/16;
Approved Chancellor 12/14/16)
Organization
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a.
The committee shall consist of sixteen members as follows:
(1)
(2)
(3)
(4)
2.
b.
All faculty members shall serve three-year staggered terms of office.
c.
Members shall be defined as “voting members” except for the ex-officio
representative from the Provost’s Office.
Quorum
a.
3.
4.
Responsibilities of the
Committee
Five faculty members elected by the Faculty Senate from its own
membership.
Nine faculty members, three from each college.
One student member chosen by the university Student Senate.
One ex-officio, non-voting member from the Office of the Provost
who will act as a resource person.
A quorum will consist of eight voting members.
Officers
a.
Each year, at its first meeting in April, the committee shall elect a chair
and a vice chair from the faculty members on the committee.
b.
The terms of office shall begin August 15 and shall be for one-year in
length with the possibility of re-election.
c.
The general duties of the officers are outlined in Robert's Rules of
Order.
d.
The chair is a voting member of the Faculty Senate Executive
Committee and is responsible for delivering recommendations and
actions of the Personnel Policies Committee to the Faculty Senate and its
Executive Committee.
Task Forces/Subcommittees
a.
Task forces/subcommittees, as needed, shall be appointed by the PPC
Chair subject to approval by a majority vote of the members present.
b.
The charge of each task force/subcommittee shall be determined by the
chair subject to approval by a majority vote of the members present.
1.
The committee is accountable to the Faculty Senate.
2.
The committee is responsible for reviewing and making recommendations on
personnel matters, including but not limited to:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Personnel rules
Salary guidelines
Promotion guidelines
Positive action guidelines
Faculty and staff development
Sabbatical leave guidelines
Tenure/Post-Tenure Review
Work related issues
Other charges as determined by Faculty Senate or Faculty Senate
Executive Committee.
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Conduct of the
Meetings
Revisions
1.
The chair shall develop a calendar of meetings for the semester subject to
approval by a majority vote of the members present.
2.
Meetings shall be conducted in accordance with Robert's Rules of Order.
3.
Decisions and recommendations shall be made by a majority vote of the
members present.
1.
Recommendations for changes in the bylaws shall be distributed to the
committee members at least two weeks prior to consideration by the committee.
2.
Recommendations to the Faculty Senate for changes in the bylaws shall be
approved by eleven or more affirmative votes of the committee.
1.
Membership
Bylaws of the
Planning and Review
Committee
(Rev. 4/16/96)
(Rev. 3/10/04)
(Rev. Faculty Senate 5/6/08;
Approved Chancellor 6/17/08)
(Rev. Faculty Senate 3/6/12;
Approved Chancellor 4/7/12)
(Rev. Faculty Senate 3/4/14;
Approved Chancellor 4/3/14)
(Rev. Faculty Senate 3/8/16;
Approved Chancellor 4/12/16)
Organization
a. The committee shall consist of twenty (20) regular members and four (4)
alternate members as follows:
(1) Twelve faculty or academic staff members four from each of the three
colleges elected by the faculty and academic staff of their respective
colleges.
(2) One member from the graduate faculty, elected by the faculty and
academic staff.
(3) One member nominated by a distance education program director,
elected by the faculty and academic staff.
(4) Three faculty or academic staff at large elected by the faculty and
academic staff.
(5) Two student members chosen by the University Student Senate for one,
two or three-year terms.
(6) One ex-officio member from the Office of the Provost who will act as a
resource person.
(7) Four alternate members. There will be one alternate faculty or academic
staff elected to represent each of the colleges and one at large faculty or
academic staff alternate. These individuals would serve only when
regular members are unable to attend a scheduled meeting or if the
standing position remains unfilled through elections.
b. All members (except students) shall serve three-year staggered terms of
office.
2.
Quorum
a. A quorum shall consist of 50% of its seated voting members.
3. Meetings
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a. Meetings will be scheduled at least once per month during the academic
year, and will be in a manner that allows members to attend regularly.
b. The first regularly scheduled meeting of the academic year will be the
organizational meeting for the Planning and Review Committee.
c. The Provost’s Office shall be responsible for informing the program
directors of programs being reviewed in any academic year and scheduling a
meeting with them, the deans, department chairs and the chair of the PRC
prior to the review.
4.
Officers
a. Each year at its organization meeting, the committee shall elect a chair and a
vice chair from the seated members on the committee. This organizational
meeting will be chaired by the Chair of the Faculty Senate until the newlyelected officers are installed.
b. The terms of office shall be one year in length with the possibility of
re-election.
c. The general duties of the officers are outlined in Robert's Rules of Order.
d. In addition, the chair shall develop a schedule of activities for the year
subject to approval by a majority vote of the members present.
Conduct of the
Meetings
1.
Meetings shall be conducted in accordance with Robert's Rules of Order.
2.
Decisions and recommendations shall be made by a majority vote of the
quorum.
Responsibilities of the
Committee
1.
The committee shall review the information regarding the UW-Stout academic
plan provided by the Provost’s Office during each academic year.
2.
The committee shall review Notices of Intent and shall recommend Faculty
Senate approval or rejection of such plans.
3.
The committee shall review the procedure and policies in the program audit and
review process.
4.
The committee shall receive and react to communications from the Faculty
Senate or the Senate Executive Committee.
5.
The committee shall review and consider the collected program audit
information which shall be provided by the Office of Planning, Assessment,
Research and Quality. The committee shall review all undergraduate and
graduate degree programs on a seven-year schedule. The committee shall
forward its findings, stipulations, suggestions, and observations to the Executive
Committee of the Faculty Senate.
1.
Recommendations for changes in the bylaws shall be distributed to the
committee members at least two weeks prior to consideration by the committee.
2.
Recommendations to the Faculty Senate for changes in the bylaws shall be
approved by a vote of at least 50% of the seated voting members.
Revisions
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Bylaws of the Finance
Committee
(Approved 11/1/94 by Faculty
Senate)
(Rev. 1/8/04)
Organization
1.
(Rev. 4/16/96 by Faculty Senate)
(Rev. 10/29/96 by Faculty Senate)
(Rev. 4/22/08 by Faculty Senate;
Approved by Chancellor 6/17/08)
Membership
a.
The committee shall consist of:
(1)
(2)
(3)
(4)
(5)
b.
2.
b.
c.
d.
Responsibilities of the
Committee
A quorum shall consist of at least half the voting members.
Officers
a.
4.
Each voting member (except for the student member whose term is
determined by the SSA) is elected to a three-year term with one-third of
the committee being selected each year.
Quorum
a.
3.
One member and one alternate elected from each College by the
faculty of that College.
One Faculty Senator elected by the Faculty Senate.
One Faculty At-Large elected by the Faculty Senate.
One Academic Staff member selected by the Senate of Academic
Staff.
One student selected by the Stout Student Association.
Each year, at its first organizational meeting in September, the
committee shall elect a chair and a vice chair from the faculty members
on the committee.
The terms of office shall be one year in length with the possibility of reelection.
The general duties of the officers are outlined in Robert's Rules of
Order.
The chair is a voting member of the Faculty Senate Executive
Committee and is responsible for delivering recommendations and
actions of the Finance Committee to the Faculty Senate and its
Executive Committee.
Task Forces/Subcommittees
a.
Task forces/subcommittees, as needed, shall be appointed by the chair
subject to approval by a majority vote of the members present.
b.
The charge of each task force/subcommittee shall be determined by the
chair subject to approval by a majority vote of the members present.
1.
The purpose of the committee shall be to review, monitor, evaluate, and
recommend policy, procedures, and guidelines for budget development and
decision-making. The committee shall be accountable to the Faculty Senate
as its representative from the faculty, which has consultative responsibility to
make recommendations which affect the allocation of resources.
2.
Responsibility of the committee may include:
a.
Proposing policies and changes in existing policies to the Senate as basis
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for developing the university budget. These proposals, if approved by
the Faculty Senate, will be transmitted to the Chancellor.
Revisions
b.
Providing recommendations to the Senate early in the budget cycle
regarding tentative resource allocations to the divisions of the university
from among alternative proposals.
c.
Reviewing and providing advise to the Faculty Senate on the budgets
presented by the division administrators in terms of their proper
implementation of budget policies in comparison with alternative budget
proposals.
d.
Periodically reviewing expenditures against budget to judge
implementation of budget and finance policies and advising the Senate
as to changes that are needed.
e.
Providing overall advice to the Faculty Senate on the effectiveness of the
budget as a means of implementing the university's long-range plans.
f.
Advising Senate members on STRAP and other faculty committees on
budget and financial matters upon request, including the investigation of
budget and finance issues and allocations as requested by the Senate.
g.
Providing for communication between faculty and those with direct
responsibility for budget and financial matters.
h.
Serving as an information resource for faculty who have concerns about
the allocation of university financial resources.
i.
Reporting budget information to the Faculty Senate in a format which is
useful to faculty and provides a complete picture of the university's
fiscal structure.
j.
Prepare fiscal notes to accompany Faculty Senate reports and resolutions
when requested.
1.
Recommendations for changes in the bylaws shall be distributed to the
committee members at least two weeks prior to consideration by the committee.
2.
Recommendations to the Faculty Senate for changes in the bylaws shall be
approved by a vote of at least five (5) voting members of the committee.
Faculty Consultative
Committee
It is the policy of the Faculty Senate that membership on FCC consist of the Faculty
Senate chair and one member from each of the four schools: Home Economics,
Education and Human Services, Industry and Technology, and Liberal Studies. (See
UW-Stout 5.04)
School Level
Governance Policy
1.
(Approved 4/84-Faculty Senate)
(Approved 7/20/84-Chancellor)
The faculty of each school will designate or develop a representative faculty
group to act on governance matters at the school level. (This group could be the
department chair's council or another appropriate elected body.) The dean of
the school should assume leadership; however, not the only leadership of this
group. The faculty and dean are responsible for calling meetings and setting
agendas for this group. This group will not automatically replace other school
governance committees such as Promotion and Positive Action Committees.
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2.
The organizational meeting of the faculty of each school will be called by the
dean of the school. The dean may act as the temporary chair of this meeting or
designate a person to serve this function.
3.
The faculty of each school, through their representative faculty group, are
responsible for developing and recommending to the dean programmatic and
curricular goals and priorities for the school. Once established, these will be
announced to the faculty.
4. The dean is responsible for allocating and administering the school's budget to
achieve the programmatic and curricular goals and priorities of the school.
College Level
Governance
Procedures
(3/17/88)
Each college level governance group shall develop a set of governance procedures
according to the following guidelines.
1.
College Governance Procedures must not:
a. Contradict state or federal regulations, UW System rules, or UW-Stout rules
and policies.
b. Restrict the prerogatives of members as faculty or staff in an illegal manner.
c. Assume authority or give directives to persons holding positions outside of
the college (i.e., direct the chancellor to perform in a certain way).
2.
College Governance Procedures:
a. As a part of UW-Stout's performance evaluation system, must provide a
mechanism for faculty expression on performance evaluations of the dean,
assistant or associate deans, and program directors to the person's supervisor.
Program Director
Selection
b. Must provide a mechanism for recommending a change of personnel in
dean, assistant or associate dean, and program director to the person's
supervisor. (This could be the same mechanism as 2.a or a separate
mechanism.)
c. Must define the role and responsibility of the faculty in governance of the
college, specifically in matters dealing with curriculum planning and review,
educational activities, and faculty personnel.
d. Must establish a mechanism through which the faculty of the college can:
(1) Propose budget policies or changes in existing policies to the dean in
order to implement the programmatic and curricular goals and priorities
of the college.
(2) Provide recommendations to the dean, early in the budget cycle,
regarding a pattern of resource allocations to departments and/or
functional equivalents for the college for the purpose of implementing
the programmatic and curricular goals and priorities of the college.
(3) Review and provide advice on a regular basis to the dean on
expenditures against budget to judge implementation of budget policies.
(4) Provide advice to the dean about the effectiveness of the budget as a
means of implementing the programmatic and curricular goals and
priorities of the college.
e. Must identify standing committees, define procedures for the selection of
members, describe the qualifications of members, establish procedures for
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the committee(s) to follow and provide charges for the committee(s).
f. Must define the general and the voting membership of the school, specifying
the difference.
g. Must provide for changes or revisions when needed in the governance
procedures.
h. Should provide a procedure or mechanism for the resolution of conflict
between faculty members and the dean or assistant or associate deans as the
discussion device called for in UW-Stout's Faculty Positive Action policy
and procedures. (See Complaints and Grievances)
i. May include explicit statements about policies, assumptions, positions, and
any other items that are pertinent to the school's operation as a unit.
j. Must define a mechanism for nominating faculty representatives to
All-University, UW System Committees, Task Forces and other groups.
3.
Amendments to governance procedures will be developed by the college and
reviewed by the Faculty Senate Executive Committee and the chancellor.
College Level Governance Documents are available in the four deans' offices.
Department Bylaws
Policy
(Approved 4/84-Faculty Senate)
(Approved 7/20/84-Chancellor)
As part of effective governance, each department or functional equivalent shall have
developed and approved a set of bylaws. In order to ensure that each department has
adequate bylaws, which conform to the policies listed below, and to form a
consistent governance structure, completed bylaws will be reviewed by the
appropriate dean and sent to the Faculty Senate Office for review by the Executive
Committee to determine if they conform to this policy.
1.
Bylaws must not:
a. Contradict state or federal regulations, UW System rules, UW-Stout rules, or
policies approved by the Faculty Senate.
b. Restrict the prerogatives of members as faculty or staff in an illegal manner.
c. Assume authority or give directives to persons holding positions outside the
department (e.g., direct the chancellor to perform in a certain way).
2.
Bylaws:
a. Must define procedures for making recommendations regarding recruitment,
new appointments, retention decisions, tenure decisions, promotions, and
performance evaluations of department faculty.
b. Must define a mechanism for recommending a department chair.
c. Must define the role and responsibility of faculty and staff in governance of
the department; i.e., curriculum planning and review, educational activities,
and faculty personnel.
d. Must identify standing committees, define procedures for the selection of
members, describe the qualifications of members, establish procedures for
the committee(s) to follow, and provide charges for the committee(s).
e. Must define the general and the voting membership of the department,
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specifying the difference.
f. Must describe or define expectations the department has about its members,
their actions, responsibilities, roles.
g. Must provide for changes or revisions when needed in the bylaws
themselves.
h. Should provide a procedure or mechanism for the resolution of conflict
between department members and the chair or each other within the
department's structure.
i. May include explicit statements about policies, assumptions, positions, and
any other items that are pertinent to the department's operation as a unit.
j. May define procedures and state policies for the chair to follow in
conducting the department's business as these actions pertain to the primary
responsibility areas of the faculty.
3.
Amendments to bylaws will be developed by the department, reviewed by the
dean for compliance with the criteria listed in this policy, and sent to the
Faculty Senate Office.
4.
Departments will submit their bylaws for review to the appropriate dean and
Faculty Senate Office within one year of the date of this document's adoption.
Feedback will be provided if the department so requests.
The department chair is the chief administrator and the supervisor of the
personnel of the department or functional equivalent.
Department bylaws are available from the department chair.
Department Chair
Selection
(Approved 7/84-Faculty Senate)
(Approved 7/20/84-Chancellor)
All departments will have a mechanism for recommending a department chair. This
method shall be designed by the voting members of the department and shall provide
for the recommendation of the department to be transmitted to the dean. If the dean
finds the recommendation unacceptable, he or she will inform the department in
writing. The dean may then request additional recommendations from within the
department or specify an outside search for candidates. Prior to selection of a new
chair, the dean may name an acting chair. All recommendations of the voting
members of the department will be given to the chancellor prior to appointment of a
chair.
Department chair recommendations may be for specific terms as determined by
department bylaws. Department chairs may succeed themselves.
For the purpose of a department chair recommendation, the faculty members of a
department shall define the voting membership of that department. Only faculty and
academic staff may be voting members. The department chair is the chief
administrator and the supervisor of personnel of the department or functional
equivalent.
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ACADEMIC STAFF
Constitution of the
Senate of Academic
Staff
(5/5/93)
(Rev.10/5/94)
(Rev. 3/6/96)
(Rev. 04/16/2015 by Academic
Staff Senate; approved 04/16/2015
by Chancellor)
(Rev. 5/3/17 Academic Staff
Senate; approved 5/4/17
Chancellor)
Preamble
The academic staff of the University of Wisconsin – Stout, acting under its authority
in Chapter 36 of the Wisconsin Statutes, hereby adopts this Constitution of the
Academic Staff.
The authority for academic governance rests in Chapter 36 of the Wisconsin Statutes
and in the customary role that academic staff have played in the educational and
academic activities of colleges and universities.
This constitution functions in the context of the Wisconsin Statutes, Chapter
36.09(4m) and the UW System academic staff policies and procedures:
The academic staff of each institution, subject to the responsibilities and powers
of the board, the president, the chancellor and the faculty shall be active
participants in the immediate governance of and policy development for such
institution. As such, the academic staff shall have primary responsibility for the
formulation and review of policies and procedures of concern to the academic
staff, including personnel matters. The academic staff of each institution shall
have the right to determine their own organizational structure and to select their
representatives to participate in institutional governance.
Chapter 36.09(5) of the Wisconsin Statutes recognizes the right of students to be
active participants in institutional governance. Student participation in academic
staff governance shall mean the right to participate on all the standing committees of
the Senate of Academic Staff and to address the senate when recognized by its chair.
Following custom and tradition, the academic staff’s governance rights and
responsibilities at the all-university level shall be exercised through a
representative body of the academic staff to be known as the Senate of
Academic Staff of the University of Wisconsin – Stout. Unless otherwise
stated, the term “academic staff,” whenever it appears within this document or
its appendices, shall include professional and administrative personnel other
than faculty, limited and classified staff, employees in training, and students,
who have duties primarily associated with higher education systems or their
administration. Limited appointment individuals with concurrent academic staff
appointments shall be considered academic staff for governance purposes.
Limited appointment individuals with concurrent classified appointments and
those with no concurrent appointment may choose to be considered academic
staff for governance purposes.
Article I: The Senate
of Academic Staff
Article II:
Membership
(Rev. 5/21/2014)
(Rev. 5/3/17 Academic Staff
Senate; approved 5/4/17
Chancellor)
1.
Composition of the Senate
a. The senate shall consist of 17 voting members and up to 5 ex-officio nonvoting members.
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2.
Representation
a. Eight senators elected from the academic staff of each of the colleges and
administrative divisions of the university as follows:
(1) Academic and Student Affairs
(a) Academic and Student Affairs (two senators)
(b) One senator from each college (three senators)
(2) Administrative and Student Life Services (two senators)
(3) Chancellor's Division (one senator)
b. Eight senators elected from the academic staff at-large.
c. Chair of the senate.
d. Immediate past chair of the senate as an ex-officio member (non-voting).
e. One non-voting student representative elected by the Stout Student
Association (SSA).
f. One non-voting faculty representative elected by the Faculty Senate.
g. One non-voting administrative representative appointed by the Chancellor.
h. Human Resources director or designee as a non-voting member.
3.
Eligibility
a. Any member of the academic staff as defined in Article I, holding a salaried
appointment shall be eligible to serve in the senate.
4.
Vacancies
a. The office of a senator shall be declared vacant by the senate due to
incapacity, recall, resignation, ineligibility, or on the absence of the senator
from three regular meetings of the senate annually without the authorization
of the Senate chair.
b. A senator who leaves a unit that the senator was elected to represent shall be
ineligible to continue representing that unit and the position of that senator
shall be declared vacant.
5.
Terms of Office
a. Senators shall serve two-year terms, beginning on the first day after the end
of the academic year in the spring and ending on the last day of the
academic year two years hence.
(1) The student representative's term shall be determined by SSA.
(2) The faculty representative's term shall be determined by the Faculty
Senate.
(3) The administrative representative's term shall be determined by the
chancellor.
b. Terms shall be staggered so that approximately one half of the senate shall
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be elected annually. Senators elected by the academic staff may serve no
more than three consecutive two-year terms, and then shall be ineligible for
election or appointment as a senator for one year.
6.
Duties of the Senators
a. Senators shall establish regular communication with their constituents to
share information and solicit feedback on academic staff issues. Each
senator shall have constituents based in the college, office or division in
which he or she is employed.
b. Senators shall solicit feedback from their constituents to provide continuous
improvement.
c. Senators shall attend all regular meetings of the senate. If a senator is
unable to attend a meeting, the individual should notify the chair and may
select an alternative from his or her area of representation upon approval of
the chair.
d. Senators are encouraged to participate in ad hoc committees of the senate.
7.
Elections
a. Responsible Party
(1) The Election Committee shall conduct elections in the spring of each
year and serve as final arbitrator in all election disputes. The
committee shall prepare, distribute and collect ballots, and determine
official results. The results of the election shall be announced no later
than five working days after the deadline for the electronic submission
of ballots.
(2) The Election Committee shall also be responsible for conducting special
runoff elections if such elections are necessary.
b. Nominations
(1) An electronic call for nominations for all vacancies shall be issued to all
eligible academic staff at least one month prior to the election.
Nominating forms shall give academic staff the opportunity to nominate
themselves or be nominated by another eligible academic staff member
with the consent of the nominee.
(2) All nominees shall have the opportunity to describe qualifications and
indicate willingness to serve.
(3) If vacancies remain, follow procedures referred to in Section 7e.
c. Balloting and Election Results
(1) Ballots shall be prepared and approved by the Election Committee and
distributed electronically to all eligible academic staff within eight
working days following the nomination deadline.
(2) For positions representing one of the units, only eligible academic staff
members from that unit may vote. For senate chair, at-large senator
positions, and standing committee positions, all eligible academic staff
members may vote.
(3) Voting shall be by electronic ballot via a secure process which ensures
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confidentiality of the voter, and allows only one vote per eligible voter.
Electronic ballots must be submitted electronically within eight working
days of distribution and the results shall be compiled and presented to
the Elections Committee.
(4) Ballots shall be viewed after the election deadline has passed. The
Election Committee, with a majority of the committee members present,
shall make the official verification of election results and eligibility of
all voters and votes, and sign the official compilation of election results.
Write-in votes shall be counted in any election. Proxy voting shall not
be permitted.
(5) If three or fewer candidates are nominated for a position, the person
receiving the most votes shall be elected. If four or more candidates are
nominated for such a position and no one candidate receives a simple
majority in the election, a special run-off election shall be conducted
among the two candidates receiving the most votes no more than five
working days following the announcement of the results of the first
election.
(6) In the case of a tie, a special run-off election shall be conducted by the
Election Committee. In the case of a second tie, the voting
responsibility shall be given to the SAS Executive Committee.
d. Notifications
(1) All individuals who had the most votes for each position shall be
notified of their status prior to the public announcement.
(2) Within 5 working days following the close of the election, election
results shall be posted to the senate website.
(3) A notice in the UW-Stout Daily email shall be submitted saying the
results of the election are posted to the senate website and thanking
everyone who volunteered to be nominated.
e. Vacancies
If the office of an elected senator becomes vacant, the following procedures
shall be followed in order to fill the vacancy:
(1) The individual with the next highest number of votes in the previous
election shall be contacted to determine continued interest and
availability and if so, appointed.
(2) In the absence of the qualified candidate from the previous election, the
senate shall select and appoint a qualified candidate in the business of
the meeting following nominations.
f. Recall
(1) A recall vote shall be held upon petition by 25% of a senator's
constituency.
(2) If a majority of those voting in the recall election choose to recall that
senator, the position shall then be declared vacant and the procedures in
Section 7e shall be followed to fill the vacant position.
g. Election Timetable
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(1) The election for senators and committee members shall be completed by
April of each year.
h. Special Committee Nominations Procedure
When a request is received to submit a name of academic staff member for a
special committee:
(1) In the event a special university committee is created that is charged
with duties for which the Senate of Academic Staff has an existing
committee with a similar charge, the current committee members of
said committee shall be appointed as the Senate of Academic Staff
representatives for the university committee. If the university
committee exists long enough to hold a new election, election
procedures below shall be followed.
(2) The Election Committee shall solicit self-nominations for all academic
staff using an electronic format. A full description of the committee
and a statement about the nomination process shall be included.
Individuals who are interested in the position shall write a short
paragraph about themselves and their interest in being on the
committee.
(3) The Election Committee shall add all self-nomination(s) to an electronic
ballot via a secure process which ensures confidentiality of the voter,
and allows only one vote per eligible voter. The senate shall vote to
determine who shall be nominated for the committee position. The
individuals who self-nominate for the position shall be notified of the
results by email within five working days. They shall also be thanked
for volunteering to be nominated for the position.
(4) In the case of a tie, a special run-off election shall be conducted by the
Election Committee. In the case of a second tie, the voting
responsibility shall be given to the Senate of Academic Staff Executive
Committee.
i. Chancellor’s Search Committee Procedure
When the request is received from UW-System that academic staff must be
chosen to participate in the Chancellor’s Search Committee.
(1) The senate shall initiate an electronic call for nominations to all eligible
academic staff (except limited appointments) for no less than three
working days. For eligibility see Article 1. Academic staff only must
self-nominate and submit requested information.
**Note: As defined by UW-System, for the purpose of a Chancellor
Search Committee, academic staff and limited appointments are
considered separate categories. Only academic staff can be nominated.
(2) Ballots shall be prepared by the Election Committee and approved by
the Executive Committee and distributed electronically to all eligible
academic staff within seven working days following the nomination
deadline.
(3) Voting shall be by electronic ballot via a secure process which ensures
confidentiality of the voter, and allows only one vote per eligible
voter. Electronic ballots must be submitted electronically within no
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less than five working days of distribution and the results shall be
compiled and presented to the Election Committee. Ballots shall be
viewed after the election deadline has passed. A majority of the
Election Committee shall be present to make the official verification
of election results and eligibility of all voters and votes, and sign the
official compilation of election results.
(4)
In the case of a tie a special run-off election shall be conducted by the
Election Committee. In the case of a second tie, the voting
responsibility shall be given to the SAS Executive Committee.
(5) The individuals selected shall be notified of their status prior to the
public announcement. The election results shall be posted in
appropriate places within five working days following the close of the
election.
Article III: Officers
of the Senate of
Academic Staff
(Rev. 4/16/2015)
The officers of the Senate of Academic Staff shall be the chair, the vice chair, and
the secretary.
1.
Election of Officers
a. The chair shall be elected by majority vote of the entire academic staff in the
spring of each year. At the time of the election, nominees for the position of
chair must hold an appointment for at least 50% of full-time at the
university.
b. During the first senate meeting in May, senators may self-nominate to be
vice chair or secretary and shall provide a brief oral explanation of their
qualifications and willingness to serve. A member of the Election
Committee shall hold a secret ballot during the meeting. In the case of a tie,
a revote shall be conducted during the same meeting by the Election
Committee. In the case of a second tie, the voting responsibility shall be
given to the outgoing SAS Executive Committee.
c. The term for chair, vice chair and secretary shall be one year commencing
on the first day after the end of the academic year in the spring and ending
on the last day of the academic year the following spring.
d. An individual may serve no more than six consecutive one-year terms as
chair and then shall be ineligible for election or appointment as chair or
senator for one year. An individual may be reelected to the office of vice
chair or secretary as long as s/he serves as a senator.
e. In the event of a vacancy in the offices of chair, vice chair, or secretary, the
senate shall elect another senator to fill the vacancy for the remainder of that
term of office.
2.
Duties of the Officers
a. Chair of the Senate of Academic Staff
(1) The chair shall:
(a) Hold orientation meetings with all newly elected senators;
preside at all meetings of the senate, Executive Committee
and general meetings of the academic staff.
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(b) Prepare the agenda with the help of the Executive
Committee.
(c) Make all senate ad hoc committee appointments not
otherwise prescribed or denied.
(d) Serve as liaison to the UW-Stout Faculty Senate, Stout
Student Association, and administration including the
chancellor and provost and serve as UW-Stout academic
staff representative on system governance bodies. The
chair may appoint a designee to serve in these positions
and who, if not a senator, shall be appointed an ex-officio
member of the senate
(2) All appointments made by the chair shall be presented for confirmation
to the senate at the first regularly scheduled meeting following the
appointment.
(3) The chair shall be responsible for the budget of the senate.
(4) The chair shall serve as an ex-officio non-voting member of the
Personnel Committee.
(5) The chair shall serve as past chair (ex-officio non-voting member of the
senate and the Executive Committee) during the year following
his/her term as chair. If re-elected to the senate the past chair
retains voting rights.
b. Vice-chair of the Senate of Academic Staff
(1) The vice chair shall perform the duties of the chair in his/her
absence.
(2) The vice chair shall serve on the Executive Committee, may serve
as ex-officio member of all senate committees, and shall assist the
chair in recruiting committee members.
c. Secretary of the Senate of Academic Staff
The secretary shall work with the senate office assistant to:
(1) Prepare the minutes of all senate and Executive Committee meetings,
take attendance at all senate meetings, receive and maintain a complete
record of all committee reports, and provide one copy of all minutes
and reports for the university archives.
(2) Publicize the dates, times, and places of senate and Executive
Committee meetings for the campus community.
(3) Prepare and publish an annual report at the end of the spring semester.
Article IV: Conduct
of Senate Business
(Rev. 4/16/2015-Senate of
Academic Staff)
1.
Meetings
a. Meetings shall be announced to the entire UW-Stout community in
accordance with open meeting laws.
b. The Senate shall meet at least once a month during the academic year with
the exception of January. The meetings during the academic year shall be
held on Wednesdays. The announced meeting times, places, and dates shall
be at the discretion of the Chair. The schedule for the following academic
year shall be announced in May.
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c. The senate shall also meet once between the spring and fall academic year
this summer meeting shall be schedule by the Executive Committee and
announced by the end of the spring semester. During the summer meeting,
the chair shall share feedback from senators and academic staff constituents
to help with developing goals and actions for the upcoming academic year.
d. Special meetings may be called by the Chair of the Senate. A special
meeting must be called upon the written petition of four senators or of 10%
of the academic staff members as defined in Article I.
e. General meetings of the entire academic staff may be called by the Chair
when the majority of the senators agree upon the need for such a meeting.
f. A simple majority of the voting members of the Senate shall constitute a
quorum.
g. The Chair shall appoint a senator to serve as parliamentarian for the year.
2.
Agenda
a. The agenda shall be determined by the chair in consultation with the
Executive Committee. The senate chair shall prepare the agenda for the
meetings of the senate.
b. The order of business shall include:
• Call to Order
• Reports of the chancellor (or designee), provost, or vice-chancellors
followed by questions and responses
• Approval of the minutes of previous meeting
• Reports
• Unfinished business
• New business
• Announcements and questions/comments related to reports attached
to the agenda
• Adjournment
3.
Conduct of Business
a. The rules contained in the most current edition of Roberts' Rules of Order,
Newly Revised shall govern the Senate of Academic Staff as long as they
are consistent with these bylaws and any special rules the Senate may adopt.
b. Meetings of the Senate shall be conducted in compliance with Wisconsin
Open Meetings law. Non senators may speak when recognized by the
chair.
c. The secretary shall assure attendance is taken at all Senate meetings.
Article V: The
Executive Committee
1.
Membership
a. The Executive Committee shall consist of the chair, vice chair, secretary,
chairs of the senate standing committees, and immediate past chair of the
Senate of Academic Staff. All members of the Executive committee shall be
full voting members.
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b. Executive Committee members shall serve one-year terms beginning on the
first day after the end of the academic year in the spring and ending on the
last day of the academic year the following spring. Newly-elected Executive
Committee members may meet with the retiring Executive Committee
members for the period between the first regularly scheduled Senate meeting
following the election and the last day of the academic year.
2.
Duties
a. The Executive Committee shall assist the chair in developing the agenda for
Senate meetings, recommend policies and/or their implementation to the
senate and senate standing committees, interpret the Constitution of the
senate when questions arise, and assist with developing procedures for
working with the senate to establish yearly goals.
b. Four members of the committee shall constitute a quorum.
Article VI: Standing
Committees
(Rev. 4/16/2015)
1.
Representation and Responsibilities
a. The three standing committees of the Senate shall be the Academic Staff
Personnel Committee, the Election Committee, and the Professional
Development Committee. In addition, the Senate shall share three joint
standing committees with the Faculty Senate. These joint committees shall
be the Curriculum and Instruction Committee, the Planning and Review
Committee and the Educational Activities Committee.
b. The standing committees shall be accountable to the Senate of Academic
Staff.
c. The specific responsibilities of the standing committees, their membership,
and election procedures shall be presented in the bylaws of each committee
which shall be approved by the senate.
d. At least one member of each of the three standing committees shall be a
senator of the senate.
e. The senate shall establish standing committees when it deems them
necessary for effective governance. They shall be identified in the bylaws
of this constitution.
1.
Article VII:
Amendments to the
Bylaws
Procedure
a. Amendments to the bylaws of this constitution shall be proposed by any
senator or upon written petition of 10% of the members of the academic
staff.
b. Amendments to the bylaws shall be introduced at a regular meeting of the
senate and adopted at a subsequent regular meeting of the senate.
c. Amendments to the bylaws shall be ratified by a 2/3 majority of the voting
senators.
1.
Article VIII:
Amendments to the
Constitution
Procedure
a. Amendments to this constitution shall be proposed by any senator or upon
written petition of 10% of the members of the academic staff.
b. Notice of proposed amendments shall be posted and distributed to eligible
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voters at least two weeks prior to the ratification vote.
c. Amendments to this constitution shall be ratified 2/3 majority of the voting
senators.
Bylaws of the
Academic Staff
Election Committee
1.
Organization
a. Membership
(Rev. 5/1/2013)
(1) The committee shall consists of three member.
(a) One academic staff senator elected by the Senate of Academic Staff
from its own membership. This person shall chair the committee.
(b) Two academic staff members elected from the entire academic staff.
(2) With the exception of the chair, all members shall serve two-year
staggered terms.
b. Officers
(1) Chair
(a) General duties of the officer are outlined in Robert’s Rules of Order.
(b) The chair serves on the Senate of Academic Staff Executive
Committee and shall be responsible for reporting activities to the
senate and must forward recommendations and actions of the
committee to the Executive Committee for inclusion in the next
senate agenda.
(2) Vice Chair
(a) Elected at the first committee meeting.
(b) Performs chair duties in the absence of the chair.
(c) Duties include: recording minutes of all meetings, distributing
minutes and attachments to the information portal.
(3) The term of office for officers shall be one year in length with the
possibility of re-election.
(4) The term of office for officers shall not exceed four consecutive years.
2.
Responsibilities
a. The committee shall be accountable to the Senate of Academic Staff.
b. The committee shall be responsible for election matters, including:
(1) Conducting elections of senators and senate chair to the Senate in the
spring of each year according to procedures outlined in the constitution
of the Senate of Academic Staff.
(2) Arbitrating disputes in all elections.
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(3) Conducting special elections and performing related activities upon
request of the Senate Chair.
(4) Recommending changes to Senate election procedures.
(5) Reviewing proposed changes from the Senate and providing feedback
on proposed changes.
3.
Meetings
a. Meetings are held as needed to conduct business and carry out the
responsibilities of the Election Committee.
b. The chair of the Elections Committee will convene the committee as needed.
c. Meetings shall be conducted in accordance with Robert's Rules of Order,
d. A quorum shall consist of three voting members.
4.
Senate Elections
a. Procedures for elections to the Senate of Academic Staff are found in the
constitution of the Senate of Academic Staff, senate Article 2. Section 7.
5.
Bylaw Revisions
a. Recommendations for changes in these committee bylaws are distributed to
the committee at least one week prior to consideration by the committee.
b. Recommendations for changes in the bylaws must be approved by a
majority vote of the committee.
c. Bylaw changes must be approved the Senate of Academic Staff.
Bylaws of the
Academic Staff
Personnel Committee
(Rev. 5/1/2013)
1.
Organization
a. Membership
(1) The committee shall consist of at least seven (7) members with
representation from instructional and non-instructional academic staff.
(a) Four (4) academic staff senators elected by the Senate of Academic
Staff from its own membership.
(b) Three (3) academic staff members elected from the entire academic
staff.
(c) Ex-officio (non-voting) member(s) is the Director of Human
Resources (or designee(s)).
(2) With the exception of the ex-official member(s), all academic staff
members shall serve two-year staggered terms.
b. Officer
(1) Chair
(a) Elected at the first committee meeting. Must be a current senator of
the Senate of Academic Staff.
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(b) Duties include: organize and lead all meetings, create agendas,
comply with open records laws, and present committee updates to
senate as appropriate.
(c) The chair shall be a voting member of the Senate of Academic Staff
Executive Committee and shall be responsible for delivering
recommendations and actions of the Personnel Committee to the
senate and the Executive Committee.
(2) Vice Chair
(a) Elected at the first committee meeting.
(b) Performs chair duties in the absence of the chair.
(c) Duties include: recording minutes of all meetings, distributing
minutes and attachments to committee membership, and uploading
committee minutes and attachments to the information portal.
(3) The term of office for officers shall be one (1) year in length with the
possibility of re-election.
(4) The term of office for officers shall not exceed four consecutive years.
a. Task Forces and Subcommittee
(1) Task force and subcommittees, as needed, shall be appointed by the
chair of the Academic Staff Personnel Committee, subject to the
approval of a majority of the members present.
(2) The charge of each task force or subcommittee shall be determined by
the chair of the Academic Staff Personnel Committee subject to
approval of a majority of the members present.
2.
Responsibilities
a. The Personnel Committee shall be accountable to the Senate of Academic
Staff.
b. The Personnel Committee shall be is responsible for reviewing and making
recommendations on personnel matters, including but not limited to:
(1) Personnel Rules
(2) Salary guidelines
(3) Promotion/title change guidelines
(4) Staff development and outreach
(5) Work related issues
(6) Other charges as determined by the Senate of Academic
Staff or Senate of Academic Staff Executive Committee.
c. The Personnel Committee shall be is responsible for reviewing and making
recommendations on personnel matters, including but not limited to:
(1) Review requests for exceptions to two-year, three-year contracts or other
contract exceptions concerning the duration of a contract and make
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recommendations to the Division Administrator concerning the
adequacy of the rationale as specified in UW-Stout 10.03(1)(b).
(2) Consult with staff members who wishes to resign his/her probationary
appointment to accept a fixed term appointment with different duties
[UW-Stout 10.03(2)(a)].
(3) Act as a hearing body for the nonrenewal of probationary academic staff
appointments following the procedures specified in UW-Stout 10.04(1).
(4) Act as the hearing body for cases involving dismissal for cause of
academic staff appointees following procedures specified in UW-Stout
11.05.
(5) Consult with the HR Director, Chancellor, appropriate supervisors and
involved academic staff when the decision to lay off for reasons of
budget or program changes shall be considered (UW-Stout 12.01).
(6) Act as the hearing body for the review of layoffs for reasons of program
or budget for academic staff members with indefinite appointments as
specified in UW-Stout 12.4 and 12.05.
(7) Act as the hearing body for the review of layoffs for reasons of program
or budget for academic staff members with fixed term or probationary
appointments as specified in UW-Stout 12.05 and 12.06. (Nonrenewal
is NOT a layoff under this section).
3.
Meetings
a. Following spring elections, a meeting of the new committee shall be called
by the current chair for the purpose of electing the new chair of the
Personnel committee and develop a subsequent meeting schedule for the
upcoming academic year.
b. The first official committee meeting shall occur no later than September 30
of the following academic year.
c. Meetings shall be conducted in accordance with Robert's Rules of Order.
d. A quorum shall consist of five voting members.
e. Decisions and recommendations shall be mae by a majority vote of the
members present. Recommendations to the Senate of Academic Staff for
changes in the bylaws shall be approved by a majority vote of the
committee.
f. Recommendations to the Senate of Academic Staff for changes in the bylaws
shall be approved by a majority vote of the committee.
g. Changes in sections of the UW-Stout Personnel Rules for Academic Staff
(UW-Stout 9.00 through 13.02) must be approved by the Senate of
Academic Staff, the Chancellor and the UW System Board of Regents.
4.
Communications
a. The chair may conduct business of the committee via the campus email
system as needed.
b. The chair may request responses from committee members for exception
requests or other business necessary to the committee.
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Bylaws of the Senate
of Academic Staff
Professional
Development
Committee
(Rev. 4/16/2015;
Rev. 8/9/2016)
1.
Organization
a. Membership
(1) The committee shall consist of three members with representation from
instructional and non-instructional academic staff.
(a) One academic staff senator elected by the Senate of Academic Staff
from its own membership. This person shall chair the committee.
(b) Two academic staff members elected from the entire academic staff
with one from instructional and one from non-instructional
academic staff.
(c) An alternate academic staff member shall be elected from the entire
academic staff who shall serve on the Professional Development
Grants Committee for Faculty and Staff when any of the three
members is unable to serve.
(2) With the exception of the chair, members shall serve two-year staggered
terms.
b. Officers
(1) Chair.
(a) The general duties of the officer are outlined in
Robert’s Rules of Order.
(b) The chair shall be responsible for delivering
recommendations and actions of the committee to the
Executive Committee and to the Provost’s Office as
appropriate
(c) The chair serves on the Senate of Academic Staff
Executive Committee.
(2) Vice Chair
(a) Elected at the first committee meeting.
(b) Performs chair duties in the absence of the chair.
(c) Duties include: recording minutes of all meetings,
distributing minutes and attachments to committee
minutes and attachments to the information portal.
(3) The term of office shall be one year in length with the possibility of reelection.
(4) The term of office for officers shall not exceed four consecutive years.
c. Task Forces and Subcommittees
(1) Task forces and subcommittees, as needed, shall be appointed by the
chair of the Senate of Academic Staff Professional Development
Committee, subject to the approval of a majority of the members
present.
(2) The charge of each task force or subcommittee shall be determined by
the chair of the Senate of Academic Staff Professional Development
Committee subject to approval of a majority of the members present.
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2.
Responsibilities
a. The Professional Development Committee shall be accountable to the senate
and shall be responsible for other matters referred to the committee by the
senate.
b. The Academic Staff Professional Development Committee shall be
responsible for the following:
(1) Evaluate professional development grant proposals for the joint faculty
and academic staff Professional Development Grant Review Committee
and report those evaluations to the Provost's Office (through Research
Services).
(2) Periodically review the content and nature of awards and honors
available for members of the academic staff and make recommendations
regarding addition of and/or continuation of awards for members of the
academic staff
(3) Participate in the recommendations process/selection of awards and
honors available for members of the academic staff, to include the
Chancellor’s Award for Excellence, regents Academic Staff Excellence
Awards, and the other awards established in the future.
(4) Decisions and recommendations shall be made by majority vote of the
members present and forwarded to the senate or appropriate office for
further action.
3.
Meetings
a. The chair shall develop a calendar of meetings subject to approval of a
majority vote of members present.
b. Special meetings may be called by the chair or the Chair of the Senate of
Academic Staff as needed.
c. A quorum shall consist of three voting members.
d. Meetings shall be conducted in accordance with Robert's Rules of Order.
e. Decisions and recommendations shall be made by a majority vote of the
members present.
4.
Revisions
a. Recommendations for changes in the bylaws shall be distributed to the
committee at least one week prior to consideration by the committee.
b. Recommendations to the Senate of Academic Staff for changes in the
bylaws shall be approved by a majority vote of the committee.
c. Bylaw changes must be approved by the Senate of Academic Staff.
UNIVERSITY
COMMITTEES
The operation of the university is based on input from a number of sources. The
participation, recommendations, and decisions of faculty, staff, and administrators
are important for the future of the university as they contribute to planning, policy
making, curriculum, and budgeting. This input comes through formal standing
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committees, other specialized committees that are formed either by statute or by
local rule, and school and departmental committees.
As members of their departments and schools, faculty and academic staff participate
individually and collectively in curriculum and planning activities. In their
university service roles, they contribute as appointed or elected representatives on
university committees, task forces and advisory groups at all levels, and through
their respective senates and the standing committees of each.
Planning and budgeting are part of the responsibilities of every administrator at UWStout. Part of that responsibility includes communication and involvement with
faculty and staff to assure that plans and budget decisions are widely known and
understood. In addition, many administrators, by virtue of their positions, are
involved as ex officio members of university committees, task forces, and advisory
groups.
The following is a partial list of university committees on which faculty and/or
academic staff participation is necessary. For a list of university committees, contact
the Senate Office in Harvey Hall. For a listing of school and department governance
opportunities, contact should be made with the school dean or department chair.
OPEN MEETING
LAW (SUMMARY)
(8/1/93)
The State of Wisconsin provides for "open meeting" requirements for most meetings
of state agencies. The regulations are divided into three parts: 1) meeting
notification, 2) the meeting, and 3) records of the meeting. The law provides that
meetings of governmental agencies be open to the public with several exceptions.
The law also requires that the results of all meetings be recorded including those held
in "closed" session. Specifically from UWS 19.84 (5) Stats., "Departments and their
subunits in any University of Wisconsin unit or campus are exempt from the
requirements of subunits (1) to (4) but shall provide meeting notice which is
reasonably likely to apprise interested persons, and the news media who have filed
written requests for such notice." Included in the notice of the meeting shall be an
agenda of items to be covered in the meeting announced.
Governmental bodies, including units of the University of Wisconsin, are expected to
meet in open session, which means to meet in a facility that is accessible to
everyone, and to meet in such a manner that it is apparent that others are welcome.
Under certain circumstances it is permissible, to move to "closed session." The
action necessary for this includes so indicating on the announcement of the meeting,
stating at the point of moving to "closed session" the purpose of the closed session,
limiting the discussion in closed session to the announced agenda, and upon removal
from closed session announcing the results of the deliberation in the open meeting.
The only reasons for moving to closed session are:
1.
Deliberating after a quasi-judicial trial or hearing held by the governmental
body.
2.
Considering dismissal, demotion, licensing, or discipline of any public
employee or person licensed by a board or commission or the investigation of
charges against such person, or considering of grant or denial of tenure for a
university faculty member and the taking of formal action on any such matter
provided that the faculty member or other public employee is provided actual
notice of any evidentiary hearings that may be held prior to final action being
taken and of any meeting at which final action may be taken.
3.
Considering employment, promotion, compensation, or performance evaluation
data of any public employee over which the governmental body has jurisdiction
or exercises responsibility. (University subunits may discuss promotions not
relating to tenure, merit increases, and property purchase recommendations in
closed session. 66 Atty. Gen. 60).
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4.
Considering specific applications of probation or parole, or considering strategy
for crime detection or prevention.
5.
Deliberating or negotiating the purchase of public properties or the investing of
public funds, or conducting other specified public business whenever
competitive or bargaining reasons require a closed session.
6.
Considering financial, medical, social, or personal histories or disciplinary data
of specific persons, preliminary considerations of specific persons, preliminary
consideration of specific personnel problems of the investigation of charges
against specific persons except where par. (2) applies which, if discussed in
public, would be likely to have a substantial adverse effect upon the reputation
of any person referred to in such histories or data or involved in such problems
or investigations.
7.
Conferring with legal counsel for the governmental body who is rendering oral
or written advice concerning strategy to be adopted by the body with respect to
litigation in which it is or likely to become involved.
8.
Considering of requests for confidential written advice from the ethics board
under 19.46(2), Stats. or from any government ethics board.
Additional questions on the open meeting law should be referred to the Director of
University Relations.
CHAPTER III: PERSONNEL RULES
CHAPTER IIIA: PERSONNEL RULES FOR ALL UNCLASSIFIED PERSONNEL
Within this chapter, to distinguish the UW-Stout policies and procedures from other policies and
procedures, the UW-Stout material appears in italics.
INTRODUCTION
Authorization for
Personnel Actions
The authority to approve various personnel actions on the university campus is found
in the university of Wisconsin system document, "Unclassified Personnel
Guidelines, No. 5." This document is on file in the human resources office.
Notice Periods
When an act is required by these rules to be done within a specified number of days:
(UWS 1.08, 2/1/75)
1.
2.
3.
Day shall mean calendar day,
The first day shall be the day after the event, such as receipt of a notice or
conclusion of a hearing,
Each day after the first day shall be counted, except that a Sunday or legal
holiday shall not be counted if it would be the final day of the period.
RECRUITMENT AND APPOINTMENTS
Personnel Committee Each department or its functional equivalent shall develop a committee on personnel
that will deal with those personnel matters (including such functions as recruiting,
of Department or
Functional Equivalent hiring, renewal, nonrenewal, performance evaluation, and promotion) which by
system or university policies require the department's faculty involvement with the
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exception of complaints and grievances that will be handled by the positive action
process. The committee is responsible for assuring faculty input to the committee.
The department will develop procedures to assure committee rotation and continuity.
For tenure decisions all tenured faculty members of the department or its functional
equivalent shall be given the opportunity to participate in the decisions. In the tenure
decision process, the tenured faculty and/or tenure subcommittee of the department
personnel committee shall consult with the non-tenured faculty members of the
department regarding the individual to be recommended for tenure.
Equal Employment
Opportunity/Affirmat
ive Action
(See Chapter V for entire
policy)
Federal and state laws require the university to provide equal opportunity to all and
to take affirmative action to correct past discrimination, whether intentional or
unintentional. These laws protect employees and students at the university from
discrimination on the basis of race, color, creed, religion, sex, sexual orientation,
national origin or ancestry, age, disability, marital status, political affiliation, arrest
or conviction record, or membership in the national guard, state defense force, or any
reserve component of the military forces of the United States or of this state.
Anyone who seeks information about the university's commitment to diversity or
who has experienced discrimination should contact the director of human resources.
The director will explain both the informal and formal procedures for resolving such
complaints or will provide information about diversity and arrange for presentations
on a variety of related topics.
In addition, the university provides reasonable accommodations to qualified
employees and students with disabilities. Services for Students with Disabilities
receives and processes requests for such accommodations for students and contacts
human resources office when there is a need for additional funding or a complaint.
Employees may contact either their respective supervisors or the human resources
office with a request for reasonable accommodations. Supervisors will then forward
all requests to the human resources office for processing.
Policies in support of the university's commitment to equal opportunity and
affirmative action are contained in Chapter V of this Handbook, Human Rights and
Responsibilities. These are titled as follows: 1) Equal Employment
Opportunity/Affirmative Action; 2) Disability Accommodation Policy and
Procedures; 3) Title IX Compliance Statement; 4) Sexual Harassment, including a
statement on Consensual Relationships; 5) Racist and Discriminatory Conduct
Policy; 6) Nondiscrimination on Basis of Disability; and 7) Equal Opportunities in
Education.
The University of Wisconsin-Stout is committed to diversity in its people and its
programs. In other words, the university's commitment goes beyond efforts to
provide equal opportunity and affirmative action to the quest for a university
community and a society that celebrate and cherish individual differences as the
source of all creativity and growth.
Determining Years of
Work Experience for
Unclassified
Personnel
The following guidelines will be used for determining the years of work experience
for unclassified personnel:
1.
(Approved 7/20/84-Chancellor)
(Approved-Faculty Senate)
2.
The official record of the total years of experience for unclassified employees is
maintained in the human resources office. Any modifications to these records
must be requested in writing by the first and second level supervisors and must
be approved by the division administrator if academic staff or provost if faculty.
The total number of years of prior work experience credited to an unclassified
employee when initially employed shall be determined by that employee's first
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and second level supervisors utilizing the following guidelines:
a. Prior employment that can be shown to have a direct and meaningful
relationship to the assignment for the individual will be recognized. The
experience should be paid and professional in nature. Prior employment
claimed by an employee (upon initial employment) shall be verified before
it is recognized and made part of UW-Stout's records. This verification is to
be done by the individual's potential first level supervisor or the person
initiating the employment process.
b. Part-time employment (less than 40 hours per week) and employment of
less than 3/4 of a year in duration normally will not be included. Prior
employment will be recorded as whole numbers of years (no fractions).
However, 3/4 of a year or more is counted as a full year. In unusual cases,
an accumulation of several part-time jobs may be used to make up a full
year, but this is done only after careful judgment as to the value of each
part-time experience in relationship to the position being filled. One
academic year or one academic year plus one summer of full-time
employment in teaching will count as one year of employment.
3.
The individual will be informed in his/her contract letter as to the number of
years of work experience that have been recorded.
4.
The total number of years of prior work experience determined at the time of
employment remains on that person's records unless revised by mutual
agreement of that individual and his/her first two level supervisors and
approved by the division administrator if academic staff or provost if faculty.
The years of prior work experience credited is not changed if the individual
changes positions at UW-Stout.
5.
Total work experience will be determined by adding one year of work
experience for each year of experience at UW-Stout to the years credited for
work experience prior to employment here. One academic year, or one
academic year plus summer session, will be counted as only one year of
experience.
6.
A leave of absence period subsequent to hiring does not add to the total work
experience in a person's records unless action is taken by the appropriate
supervisors to review and record the total. The amount of experience to be
credited for leaves of absence shall be determined by the employer's first and
second level supervisors according to the criteria for crediting prior work
experience.
EMPLOYMENT RESPONSIBILITIES AND RIGHTS
Contractual
Obligations of
Unclassified
Personnel*
(Approved 7/20/84-Chancellor)
(Approved 1986-Faculty Senate)
In fulfilling their contractual obligations, unclassified personnel will perform the
tasks designated in their position descriptions, adhere to time (day and hour) and
meeting place as indicated in the university calendar and class schedule, attend
appropriate meetings, maintain and be available for posted or published office hours,
appropriately use assigned university facilities, and comply with related university
regulations. When a member of the unclassified staff finds it necessary to be briefly
absent from assigned university duties, appropriate coverage by a colleague may be
arranged by the member, provided that the department chair is informed of the
arrangement. Under certain circumstances, other appropriate coverage will be
arranged with the approval of the department chair. If the unclassified person cannot
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find an appropriate colleague to fulfill the assignment, the department chair will
make other arrangements. Longer term absences requiring the hiring of substitutes
and/or the canceling of classes or closing of an office will be the prerogative and
responsibility of the department chair. Procedures for the implementation of this
policy are the responsibility of the chair and the faculty of the separate departments
or their functional equivalents.
*Faculty, academic staff, limited appointments
Verification of Right
to Work
The Federal Immigration Reform and Control Act of 1986 requires employers
throughout the United States to verify, document, and maintain employee
identification and work authorization status. This law pertains to all permanent,
project, and limited-term employees. Processes require the employer to verify the
employee's identity and employment authorization.
All persons hired after November 1986 must complete the Employment Eligibility
Verification Form I-9, in person, in the human resources office within three working
days. Failure to comply with the law will result in termination of the employee and
if audited, substantial financial consequence levied against the university.
I-9 forms along with copies supporting documentation used to support the I-9 form
will be retained in the human resources office for a minimum of three years after the
date on which the person was hired or one year after the date an individual's
employment has been terminated, whichever is later.
Summer Session
Employment
Opportunities
UW-Stout offers some summer employment opportunities for unclassified staff who
are contracted on an academic year basis. For information on employment
opportunities in summer session, unclassified employees should see their department
chair.
Commencement
Commencement day is credited as a workday for unclassified employees, and faculty
and academic staff are expected to participate in commencement activities. The
activities are held twice a year in May, and December. Selected administrators
attend due to their administrative duties. All faculty academic staff and university
staff are encouraged to attend as many of the ceremonies as possible in academic
regalia, including a hood that is appropriate to the highest degree earned by that
individual and from the appropriate granting institution. Rental of academic regalia
is possible through the university bookstore.
A university marshal is the most senior faculty member and three university assistant
marshals (1 faculty, 1 academic staff and 1 university staff) are elected by the
members of the faculty senate from among the members of the full-time faculty
academic staff and university staff. A person elected to such a position shall
continue to serve a maximum of a 5-year term or until retirement from full-time
faculty academic staff or university staff service, resignation, or other inability to
serve. The university staff member elected, if non-exempt, will earn compensatory
time upon supervisor approval.
The duties of the university marshal shall be to serve as the chief protocol officer of
the faculty at ceremonial academic events such as inaugurations and
commencements. It shall include duties such as the carrying of the university mace
while leading academic processions. The duties of the assistant university marshals
shall be to assist the university marshal in fulfilling the university marshal's duties
and to substitute for the university marshal as needed.
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Liability and
Indemnification
Wisconsin law provides liability protection for actions taken within the scope of
employment. (Reference: Section 895.46, Wisconsin Statutes.) This means that
university employees who are sued for actions within the scope of their employment
are entitled to legal representation, or payment of attorney's fees. In these instances,
the state assumes responsibility for the payment of any resulting judgment against
the employee in excess of any applicable insurance. In order to be entitled to these
protections, the employee must provide prompt notice of suit and cooperate in the
defense of that action.
Strikes and Boycotts
by Unclassified Staff
According to the state of Wisconsin statutes, strikes and boycotts by unclassified
staff are clearly illegal. Resolution 3625 of the university of Wisconsin board of
regents states, "that faculty member ... is prohibited as a condition of employment
from engaging in strikes or boycotts against the normal teaching activities of said
system, and from encouraging or causing others to engage in such strikes or
boycotts, and from advocating such strikes or boycotts, such conduct may result in
forfeiture of salary, suspension without pay and/or termination of employment under
such rules and regulations as may be promulgated by the board of regents, UW
system."
Political Activity by
Unclassified
Employees
Unclassified employees are prohibited from conducting political activities while they
are performing their regularly scheduled university duties. There are specific
regulations governing the participation in non-university elective offices while under
contract to the university. These policies are:
Department of Employee Relations Bulletin, dated 6/27/78, titled State Employee
Political Activities; and Regents Resolution No. 800 (7/12/74) and Resolution No.
1648 (5/5/78). These documents are available in the university library and in the
offices of each university dean.
Office Hours
Faculty and academic staff members are expected to hold regularly scheduled office
hours. Instructional staff are expected to meet each class on time and at the
designated place, as well as maintain regular posted office hours for consultation
with students. No member of the instructional staff shall be absent from proper
duties except by permission of the unit chairperson.
Definition of
Teaching, Research,
and Service
The faculty of the institution are collectively responsible for professional
contributions to the areas of teaching, service, and research and scholarly activities.
As stated in UW-Stout 3.06, "the relative importance of these functions in the
evaluation process shall be decided by departmental, school, college, and
institutional faculties in accordance with the mission and needs of the institution." In
establishing their professional expectations, all levels of administrative units,
beginning with departments, shall incorporate the following definitions in their
evaluation process in making recommendations for promotion, tenure, retention, and
merit.
(UW-Stout 85-40, 10/1/85)
(Rev. 11/1/10)
Teaching
(Rev. 5/6/08-Faculty Senate:
Faculty participates in the teaching-learning process in these ways: instruction,
evaluation, student academic advisement, and curriculum development.
Approved
5/21/08-Chancellor)
Instruction is the imparting of knowledge, developing of skills and attitudes, and
meeting of objectives in various ways ranging from structured to individualized
activities, including instructional and technology-based support activities which aid
and enrich the teaching-learning process.
Evaluation is vital to the instruction process and is a basis for academic program
planning and student advising.
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Academic advising is the sharing of information between faculty and student
regarding the student's academic progress or professional goals, and assists the
student in maximizing the benefits from the educational experience.
Curriculum development may be directed towards either course or program
development and may involve credit or non-credit activities. This is facilitated by
individual involvement and collaboration with colleagues, and recommendations to
the appropriate committees where necessary.
Research and
Scholarship
Faculty participates in applied and theoretical research and scholarship through
activities which lead to the application or utilization of knowledge and invention, and
to creative activities which produce new works of literature, music, and the fine arts.
The results of scholarly, creative or applied research may be shared by performance,
exhibitions, oral presentations, publications, or application of innovations on or off
campus.
Research and scholarship play a vital role in faculty, program and course
development contributing to both individual professional fulfillment and teaching
excellence.
As the faculty engages in research and scholarly activities, the university will
provide support whenever possible. The departments will identify the roles of
research and scholarship for their respective disciplines and define the relationship
that these activities will play in personnel matters such as promotion, tenure,
retention, and merit.
Each academic department must establish their own definition of research that will
guide faculty through promotion and the pre and post tenured-processes. The
departments’ definition(s) of research should be in accordance with the established
definition of research found in the faculty and unclassified staff handbook under
Definition of Teaching, Research and Services (UW-Stout 85-40), subsection
Research and Scholarship.
Professional and
Public Service and
Contributions to the
Institution
(Rev. 5/6/08-Faculty
Senate: Approved
5/21/08-Chancellor)
Faculty participates in professional and public service that contributes to the
institution through utilization of professional expertise in the resolution of problems
or in application to specific needs.
Professional service may include memberships and/or leadership in professional
organizations; attendance, participation and presentations at professional meetings,
conferences, workshops and in-service sessions.
Public service is the application of professional expertise by active involvement as
an advisor or consultant to business, government, and non-campus groups.
Consulting may be contractual or noncontractual, paid or unpaid.
Contribution to the institution includes governance activities as a member or
resource to appointive/elective groups or committees at the system, university,
college/school/division, department or discipline levels. It also includes serving as
an advisor to on-campus groups or individuals.
Use of Definitions
The above definitions will be used for at least the following purposes:
1.
Departments shall use these definitions for clarification of departmental
expectations regarding teaching, research, and service, and shall incorporate
these definitions where appropriate in department bylaws. Such inclusion shall
be made by the time the bylaws are submitted for review.
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Unclassified Staff
Code of Ethics
(UWS 8, 1/86)
Declaration of Policy
(UWS 8.01, 1/86)
2.
Departments shall use the definitions for making departmental personnel
policies and personnel decisions.
3.
Schools and colleges shall incorporate the definitions, where appropriate for
use, into their bylaws.
4.
Schools and colleges shall use the definitions in making their personnel
decisions and policies.
5.
University and faculty senate committees shall use the definitions in making
their recommendations regarding university policies and procedures.
6.
University and faculty senate committees shall use the definitions in making
their personnel decisions.
In view of the special relationship of the university of Wisconsin system to the state
and to affirm as public policy within the system certain common standards to prevent
conflicts of interest, the board hereby adopts the following code of ethics for
unclassified staff pursuant to ss. 19.45 (11)(b) and 36.23, Stats.
1.
Every member of the unclassified staff at the time of appointment makes a
personal commitment to professional honesty and integrity, to seek knowledge
and to share that knowledge freely with others. Such a commitment is essential
for the university to perform its proper function in our society and to ensure
continued confidence of the people of this state in the university of Wisconsin
system and its personnel. It is a violation of this commitment for unclassified
staff members to seek financial gain for themselves, their immediate families or
organizations with which they are associated through activities that conflict
with the interests of the university of Wisconsin system.
2.
The board of regents, as a matter of policy, recognizes that:
a. Members of the unclassified staff have personal and economic interests in
the decisions and policies of national, state and local government.
b. Members of the unclassified staff retain their rights as citizens to interests
of a personal or economic nature.
c. The code of ethics must distinguish between those minor and
inconsequential conflicts which are unavoidable in a free society and those
conflicts which are substantial and material.
3.
In adopting the standards of conduct set forth in this chapter, it is the board's
purpose to prohibit only those activities which will result in a conflict between
the personal interests of an unclassified staff member and that staff member's
public responsibilities to the university of Wisconsin system. It is not the
board's purpose to prohibit an unclassified staff member from freely pursuing
those teaching, research, professional and public service activities which will
not result in such a conflict, nor to prohibit a staff member from accepting any
compensation, fees, honoraria or reimbursement of expenses which may be
offered in connection therewith.
Note: This subsection, which is new, should be read in conjunction with new UWS
8.025 concerning outside activities. The approach reflects the view that the major
inquiry in regard to the acceptability of outside activities is whether they may or do
present conflicts with, or detract from performance of, university duties and
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responsibilities.
Definitions
In this chapter:
(UWS 8.02, 2/1/86)
1.
"Academic staff" means professional and administrative personnel other than
faculty with duties, and subject to types of appointments, that are primarily
associated with higher education institutions or their administration.
2.
"Anything of value" means any money or property, favor, service, payment,
advance, forbearance, loan, or promise of future employment, but does not
include:
a. Any salary, expenses or other compensation received by a member of the
unclassified staff from the university for his or her services;
b. Any compensation, honoraria or expenses derived from outside activities
permitted under this chapter;
c. Political contributions which are reported under chapter 11, Stats.; or
d. Hospitality extended for a purpose unrelated to university business.
3.
"Associated," when used with reference to an organization, means that a person
or a member of a person's immediate family is a director, officer or trustee or
owns or controls, directly or indirectly, and severally or in the aggregate, at
least 10 percent of the outstanding equity.
4.
"Board" means the board of regents of the university of Wisconsin system.
5.
"Chancellor" means the chief executive officer of a university, the university of
Wisconsin centers or the university extension.
6.
"Confidential university information" means information relating to university
financial operations or personnel which is obtained from university records or in
the course of official university business and which is not available to the
general public upon request.
7.
"Contracting personnel" means those persons who are designated in writing by
the chancellor of an institution or the president of the system to negotiate,
review, approve, or sign contracts for the purchase of goods and services on
behalf of an institution, the university system, or the board. The term does not
include persons who do either or both of the following:
a. Contract only with outside agencies for research or for services to be
performed by the university; or
b. Negotiate, review, approve or sign only employment contracts.
8.
"Faculty" means persons who hold the rank of professor, associate professor,
assistant professor or instructor in an academic department or its functional
equivalent in an institution.
9.
"Immediate family" means:
a. An unclassified staff member's spouse; and
b. Any person who receives, directly or indirectly, more than one half of his or
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her support from an unclassified staff member or from whom an
unclassified staff member receives, directly or indirectly, more than one
half of his or her support.
10. "Institution" means any university or an organizational equivalent designated by
the board.
11. "Limited appointees" means persons holding special appointments to
administrative positions designated in 36.17, Stats., and UWS 15, and who
serve at the pleasure of the board or of the authorized official making the
appointment.
12. "Organization" means any corporation, partnership, proprietorship, firm,
enterprise, franchise, association, trust or other legal entity other than an
individual or body politic.
13. "President" means the president of the university of Wisconsin system.
14. "Secretary" means the secretary of the board.
15. "Unclassified staff" or "staff members" means faculty, academic staff and
limited appointees of the university of Wisconsin system who are not subject to
subchapter III, chapter 10, Stats.
16. "Vice President" means system administration officials with the title "Vice
President" or other administrative officers with similar duties.
Outside Activities and
Interests: Reports
1.
Outside Activities: Members of the unclassified staff are free to engage in
outside activities, whether or not such activities are remunerative or related to
staff members' fields of academic interest or specialization. However, no
member of the unclassified staff may engage in an outside activity if it conflicts
with his or her public responsibilities to the university of Wisconsin system or
the institution at which the unclassified staff member is employed.
2.
Reportable Outside Activities:
(UWS 8.025, 7/1/94)
a. The following outside activities must be reported to a staff member's dean,
director or other appropriate administrator:
(1) Associations with organizations, as defined in s. UWS 8.02 (3) and
(12), related to staff members' fields of academic interest or specialization;
(2) Private remunerative relationships between staff members and
non-governmental sponsors of university research for which the staff
member is a principal investigator; and
(3) Remunerative outside activities in a staff member's field of academic
interest or specialization, including but not limited to consulting, and
whether the staff member earns for such activities $12,000 or more in a
year from a single source.
b. Each unclassified staff member engaging in outside activities reportable
under this section shall annually, on or before April 30, file a report of
outside activities with his or her dean, director or other appropriate
administrator.
c. If, during the year, significant changes in a staff member's reportable
outside activities occur, the staff member shall immediately inform, in
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writing, his or her dean, director or other appropriate administrator. This
information shall be placed on file with the staff member's annual statement
of outside interests.
3.
Institutional Policies. The unclassified staff members of each institution, with
the approval of the chancellor, shall develop policies and procedures which
shall, at a minimum, provide:
a. Standards concerning the use of university facilities and personnel in
connection with outside activities;
b. Standards concerning absence from regular duties for the purpose of
engaging in outside activities;
c. Guidelines identifying types or categories of outside activities which may
result in a material conflict of interest; and
d. For such reports of anticipated outside activities as are necessary to insure
compliance with UWS 8.04.
4.
Reports Public. Information required to be reported under this section shall,
unless otherwise by law, be a matter of public record.
Note: This section addresses outside activities. Several explanatory points provide
relevant background:
1.
This section addresses matters heretofore handled under UWS 7 and 14, which
are accordingly repealed. This change in the scope of UWS 8 was made in
response to legislative suggestion.
2.
The rule recognizes the right of unclassified staff members to engage in outside
activities, whether or not the activities are remunerative or related to staff
members' fields of academic interest. However, in order to assure that such
activities do not conflict with staff members' responsibilities to the university of
Wisconsin system, or the institution at which the staff member serves, the rule
provides that certain types of activities must be reported to staff members'
deans, directors or other appropriate administrators. These reportable outside
activities include associations with organizations related to staff members' fields
of academic interest or specialization, certain private remunerative relationships
between staff members and non-governmental research sponsors, and
remunerative outside activities in staff members' fields of academic interest or
specialization and whether the staff member earns $12,000 or more in a year
from a single source. The language retains the requirements currently in UWS
7 and 14 that institutions develop policies to regulate the use of university
facilities in connection with outside activities, and adds a similar requirement
pertaining to use of personnel. It provides a more explicit requirement for
institutional development of standards on absence from university duties, and
for reports on outside activities which staff members anticipate they will
perform during the academic year.
3.
Guidelines and suggestions will be provided to institutions for implementation
of the regent rule. These guidelines would include examples of standards
concerning use of university facilities and absences from university duties that
might be adopted under UWS 8.025 (3)(a) and (b); categories or types of
activities which might present a material conflict of interest under UWS 8.025
(3)(c); reporting procedures under UWS 8.025 (4); and other relevant
information.
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(UW-Stout 8.025 (3))
(Approved 4/5/93-Chancellor)
4.
The rule incorporates and codifies the result of litigation between the Madison
Capital Times and UW-Madison. That case, decided in Dane County circuit
court in the spring of 1983, held that UW-Madison reports of outside activities
required under UWS 7 and 14 were records open to public inspection. This
section continues the existence of the reporting requirements (UWS 8.025 (2))
and declares the public nature of the reports (UWS 8.025 (4)), except in those
instances where other legal principles establish a privilege for the information
contained therein.
5.
UWS 8.025 (1) indicates that the regents' purpose is not to dictate the financial
or topical terms of outside activity but to ensure that it does not present conflicts
of interest or time with university duties. (See also Note to UWS 8.01 (3)).
6.
Forms required under this section for the reporting of outside activities may be
obtained from the Office of the Secretary to the Board of Regents, Room 1860
Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706, at no charge.
a. Use of university facilities, equipment, and personnel in connection with
outside activities related to your university position.
(Approved 5/7/93-Board of
Regents)
(1) An unclassified staff member may use university facilities and/or
equipment in connection with outside activities only with prior written
approval of appropriate division administrator.
(2) An unclassified staff member may engage the assistance of any
university personnel in connection with outside activities only if the
activities do not conflict with the responsibilities of the personnel to the
university or with the normal functions of the university and if there is
approval of the individual's supervisor.
b. Standards concerning absence from regular duties for the purpose of
engaging in outside activities related to your university position.
(1) Unclassified staff members must obtain the consent of their immediate
supervisor prior to engaging in outside activities which will prevent
them from meeting a class or carrying out other university
responsibilities for which they are normally scheduled. The
unclassified staff member is responsible for making arrangements as far
in advance as practicable to ensure that the scheduled activity is
appropriately covered and for informing his/her immediate supervisor
of those arrangements prior to the absence.
(2) Unclassified staff members must obtain the consent of their immediate
supervisor and his/her supervisor prior to engaging in any extensive,
recurring or continuing outside activity. NOTE: An extensive,
recurring or continuing outside activity is defined as one which requires
participation during a period of assigned responsibilities that exceeds
any one day during the person's designated work week.
c. Guidelines identifying types or categories of outside activities which may
result in a material conflict of interest.
The following types of outside activities may result in a material conflict of
interest:
(1) Activities required to be reported under UWS 8.025(2).
(2) Extensive, recurring or continuing activities accompanied by personal
gain or paid consulting.
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(3) Service as staff or consultant to granting agencies. (Such service may
make the university ineligible to receive grants from that agency.)
(4) Service as an expert witness in legal proceedings.
d. Reports of anticipated outside activities as are necessary to ensure
compliance with UWS 8.04.
(1) Unclassified staff members must report in writing all outside activities
to their immediate supervisor in a timely manner prior to the activity.
(2) Unclassified staff members must report all extensive, recurring or
continuing outside activities in writing to their immediate supervisor at
the beginning of the semester or as soon as practicable. The supervisor
will send a copy of the report to the supervisor at the next level. The
staff member may consult with the university ethics committee in
regard to whether a particular outside activity would be considered
extensive or a conflict of interest.
Standards of Conduct
1.
Personal Gain from University Position
(UWS 8.03, 2/1/86)
a. No member of the unclassified staff may, in a manner contrary to the
interests of the university of Wisconsin system, use or attempt to use his or
her public position or state property, including property leased by the state,
to gain or attempt to gain anything of substantial value for the private
benefit of the staff member, his or her immediate family or any organization
with which the staff member is associated.
b. No member of the unclassified staff may solicit or accept from any person
or organization anything of value pursuant to an express or implied
understanding that his or her conduct of university business would be influenced thereby.
c. No member of the unclassified staff may intentionally use or disclose
confidential university information in any way that could result in the
receipt of anything of value for himself or herself, for his or her immediate
family or for any other person or organization with which the staff member
is associated.
2.
Contracting and Leasing
a. No member of the unclassified staff, member of his or her immediate
family, nor any organization with which an unclassified staff member is
associated, may enter into any contract or lease involving payments of
$3,000 or more within a 12 month period, derived in whole or in part from
university funds, if the staff member is in a position to approve or influence,
in his or her official capacity, the university's decision to enter into the
contract or lease.
b. If the staff member is not in a position to approve or influence the
university's decision, the staff member may enter into a contract or lease
described in par. (a) if the staff member first makes written disclosure of the
nature and extent of any relationship described in par. (a) to the dean,
director, or other appropriate administrator and he or she approves. The
dean, director or other appropriate administrator shall approve a staff
member's interest in a lease or contract unless he or she determines that the
staff member's personal interest in the agreement will conflict substantially
and materially with the staff member's discharge of his or her university
responsibilities.
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c. This subsection does not affect the application of 946.13, Stats.
3.
Nepotism
a. No member of the unclassified staff may participate, formally or informally,
in the decision to hire, retain, grant tenure to, promote or determine the
salary of a member of his or her immediate family.
b. No member of the unclassified staff may, in the supervision or management
of another unclassified staff member who is a member of his or her
immediate family, give a preferential or favored treatment.
Institutional Ethics
Committee
(UWS 8.035, 2/1/86)
(UW-Stout 8.035, 5/7/93)
Action to Avoid
Possible Conflict
4.
Student Research Protection. A member of the unclassified staff shall inform
students engaged in research under his or her supervision of any financial
interest which the unclassified staff member has in the research activity,
including, but not limited to, financial arrangements involved in the direct
support of the activity, agreements made by the unclassified staff member to
obtain data for the research, or agreements concerning copyright or patent rights
arising from the research.
5.
Waiver. The board may, upon written request and by action within a reasonable
time of receipt thereof, waive any provision of this section whenever its literal
application would be adverse to the best interests of the university of Wisconsin
system or would work an unreasonable hardship on a member of the
unclassified staff.
Each institution shall establish a committee, or designate an existing committee,
whose function shall be to provide to any member of the unclassified staff
consultation and advice on the application of this chapter. Committee deliberations
and actions upon requests for consultation or advice shall be in meetings not open to
the public. Records obtained in connection with requests for consultation or advice
shall be considered confidential university information. However, summaries of
advice provided by institutional ethics committees, which do not disclose the
identities of persons requesting such advice, shall be made public in an annual report.
1.
Role of the University Ethics Committee. The university ethics committee will
provide consultation and advice to any member of the unclassified staff on the
application of UWS 8, Unclassified Staff Code of Ethics.
2.
Composition of the University Ethics Committee. The committee will be
composed of three tenured faculty nominated by the faculty senate and elected
by the faculty at large, three academic staff members nominated by the senate
of academic staff and elected by the academic staff at large and one
administrator appointed by the chancellor. The faculty and academic staff
members of the committee will serve three year staggered terms.
1.
When it appears that a material conflict may arise between the personal interests
of a staff member and his or her public responsibilities to the university, the
staff member shall notify his or her dean, director, or other appropriate
administrator by submitting a written statement describing the nature of the
possible conflict.
2.
Within 15 days after receipt of the statement, the dean, director or other
appropriate administrator shall advise the staff member in writing that:
(UWS 8.04, 2/1/86)
a. There is no conflict prohibited by this chapter and the staff member may
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proceed; or
b. There may be a conflict and further consultation is necessary prior to
reaching a determination; or
c. There is a conflict which must be resolved in one of the following ways:
(1) The staff member shall not proceed with his or her university duties
which result in the conflict, so long as the conflict remains; or
(2) The staff member shall not proceed with his or her personal interests
which result in the conflict, so long as the conflict remains.
3.
If the staff member is advised that sub. (2)(c) 1 or 2 applies to his or her case,
the staff member, within 15 days after notice of the decision of the dean,
director, or other appropriate administrator, may appeal the decision under
chapter UWS 6 or 13.
(UW-Stout 8.04, 5/7/93)
If any reviewing supervisor disapproves of a staff member's participation in the
outside activity, the staff member has the right to grieve via the complaints and
grievances process (positive action procedures) to the chancellor.
Sanctions
1.
Any person may file a written complaint charging a violation of this chapter.
The complaint shall state the name of the member of the unclassified staff
alleged to have committed a violation and describe the violation.
2.
A complaint involving a member of the unclassified staff serving within system
administration shall be submitted to the president for investigation and
disposition in accordance with system administration policies and procedures
adopted pursuant to chapter UWS 11 or UWS 13.01, as appropriate.
3.
A complaint involving a member of the faculty or the academic staff serving at
an institution of the university of Wisconsin system shall be submitted to the
appropriate chancellor.
(UWS 8.05, 2/1/86)
a. Where the complaint is against a faculty member, the chancellor shall
proceed under the policies and procedures adopted by his or her institution
pursuant to chapter UWS 4 or UWS 6.01, as appropriate.
b. Where the complaint is against a member of the academic staff, the
chancellor shall proceed under the policies and procedures the institution
has adopted pursuant to chapter UWS 11 or UWS 13.01, as appropriate.
Reports
(UWS 8.06, 2/1/86)
4.
Complaints involving limited appointees serving at an institution of the
university of Wisconsin system shall be submitted to the official who made the
appointment and that official shall take appropriate action.
5.
Notwithstanding the other provisions of this section, the president or a
chancellor may investigate possible violations of this chapter whenever the
circumstances warrant and proceed in accordance with subs. 1 to 4.
The president, vice presidents, chancellors, and all contracting personnel shall
annually, on or before April 30, file a statement of economic interest with the
secretary. The statements shall be filed on a form provided by the secretary, and
shall be considered matters of public record. The statements shall contain the
information required by 19.44, Stats.
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Reporting
Requirements and
Limitations on State
Legislative Contact
Activities
The enactment of 1989 Wisconsin ACT 338 made some substantive changes in the
way that the university of Wisconsin system communicates with elected state
officials and their staffs. The ACT became fully effective on January 1, 1991.
The following provisions of the law apply to administrative, faculty, academic staff,
and classified employees:
(Effective 1/1/91)
Lobbying
1.
Any UW system employee who attempts to influence legislation on behalf and
at the request of the university should be included on a semi-annual report
submitted by the chancellor of each UW institution to UW system
administration, which in turn files a single report with the Wisconsin ethics
board under s. 13.695 of the statutes.
2.
The retrospective reporting periods are twice per year, covering the period from
January 1 to June 30 and from July 1 to December 31.
3.
The report includes the names of employees, the proportion of their time spent
trying to influence legislation, and their salaries. The state ethics board
suggests percentages be used such as 0%, 5% or less, etc.
4.
The percentage of time should "account for time spent developing, drafting,
modifying or attempting to affect administrative rules before the legislature or
any pending or proposed legislation with elected officials or legislative
employees as well as time spent on research and preparation in connection with
legislation action."
5.
The report also asks UW institutions to identify (check a box) the employees
"whose normal duties include influencing legislation." This identification is
used primarily for directory purposes to identify university officers and
legislative liaison who are routinely representing the institution.
6.
If a UW institution or the UW system requests that a UW employee testify for
informational purposes at a legislative hearing, he or she should be listed on the
report submitted by each chancellor to the UW system vice president for
university relations. However, if a UW employee is answering a question from
a legislator or is a member of an advisory or rules committee or a legislative
council committee, he or she does not have to be listed.
7.
The so-called "gag rule" still applies since recent attempts to have it repealed
have been vetoed by the governor. The law prohibits a state employee from
lobbying the legislature for an appropriation in support of his or her agency if
such an appropriation is greater than (or not included in) that agency's initial
budget request. For example, once the UW system board of regents has
officially approved a biennial budget and submitted it to the governor, a UW
system employee (as an institutional representative) may not legally lobby the
legislature for funding that goes beyond the regents' requests.
8.
Nothing in the law prohibits a UW system employee from expressing his or her
personal views on any subject to his or her own legislator.
9.
A legislator may accept food and beverages at a university function if the
person is presenting a talk or participating in a meeting on government
processes and on state related issues.
10. No agency official of the UW system may accept employment from an
organization that employs a lobbyist. However, an agency official who is an
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officer or employee of the UW system may serve on the governing body of an
organization that employs a lobbyist as long as the agency official is paid no
more than other members of the governing body.
Educational
Preparation Code
(Effective 7/1/88)
All unclassified persons employed at UW-Stout are assigned educational preparation
code numbers according to the level (degree and/or credits) of education possessed.
The educational preparation code assignment shall be based on the following
minimal academic experience from an accredited institution:
1.
Ed. Prep. Code 1. Any of the following three categories qualifies for this rating:
a. Ed.D.
b. Ph.D.
c. Earned doctor's degrees equivalent to the Ph.D. and Ed.D. requiring the
minimal equivalent of three full years of graduate study beyond the
baccalaureate.
2.
Ed. Prep. Code 2. Either of the following two categories qualifies for this
rating:
a. Earned degrees other than the earned doctorate requiring a minimum of
three full years' work beyond the baccalaureate degree. This includes the
MFA.
b. All requirements for the doctorate met with the exception of the completion
of the dissertation. This includes completion of the "prelims" or other
requirements for the status of "candidate for the degree" and is more than
just "completing all the coursework."
3.
Ed. Prep. Code 3. Any of the following three categories qualifies for this rating:
a. A master's degree plus one full year of graduate study.
b. A specialist degree or its equivalent.
c. Two-year master's degree.
Process for Changing
Educational
Preparation Code
4.
Ed. Prep. Code 4. One-year Master's degree. (One year of graduate work is
defined as 30 semester credits or 45 quarter credits of graduate work.)
5.
Ed. Prep. Code 5. Bachelor's degree.
6.
Ed. Prep. Code 6. No Bachelor's degree.
Any unclassified person may process a request to change his/her educational
preparation code number at any time during the year when the necessary
qualifications have been completed. Faculty, academic staff and limited appointees
will receive a salary increase for a change of code 4 or above in accordance with the
salary guidelines in effect when final approval is given. Forms for requesting a
change are available from the human resources office. The form is used for both a
change in code number and for the appropriate salary increase.
The completed form must be submitted to the division administrator if academic
staff or the provost if faculty through department chair and school dean.
Documentation verifying the change must accompany the form. If transcripts are not
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immediately available, they must be sent to the human resources office as soon as
possible to be placed in the individual's file. Supervisors may also initiate a request
for a change in code for an individual who is on leave or otherwise absent.
The specific steps for changing the educational preparation code number follow:
1.
Faculty member initiates process (supervisors may also initiate this process).
a. Obtain form from human resources office.
b. Complete form and attach necessary documentation.
c. Submit form and documentation to department chairperson/supervisor.
2.
Department chairperson must complete within ten working days of receipt.
a. Review form and attachments. Verify appropriateness and completeness of
request.
b. If appropriate, sign form as indication that request is recommended by
department.
c. Forward to dean/director.
d. Inform applicant of action.
3.
Dean/director must complete within ten working days of receipt.
a. Review form and attachments.
b. If appropriate, sign form as indication that request is recommended by the
dean/director.
c. Forward to division administrator if academic staff or provost if faculty.
d. Inform applicant and department of action.
4.
Division administrator/provost must complete within ten working days of
receipt.
a. Review form, documentation and other input.
b. If academic staff request is approved, division administrator signs form to
indicate final approval. If faculty request is approved, provost signs form to
indicate final approval.
c. Send form to human resources.
5.
Human resources
a. Return copy of completed form to applicant to indicate action taken.
b. Initiate salary change as appropriate, and change ed prep code in records.
c. Place original completed form in individual's file.
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Salary Adjustment
Process
Credentials
Salary adjustments for a change in educational preparation code will be made as
follows:
1.
Faculty, academic staff and limited appointees who become eligible to change
an educational preparation code 4 and above will receive the appropriate salary
adjustment.
2.
The amount of the increase will be in accordance with the salary procedure in
effect when final approval is given for a code change.
3.
If approved, the individual's salary will be increased as soon as possible through
the payroll process, thus giving the individual a new salary base.
4.
No retroactive increases will be approved.
5.
Since salary increases for the next fiscal year are usually developed and
finalized in spring (between late March and late June), any salary increases
given final approval between March 15 and June 30 will not be considered as
part of an individual's base salary when calculating percentage salary increases
for the next year. The percentage increases will be first calculated and then the
dollar amount of the increase for code change will be added to make the total
new salary base for the next year.
Each faculty and academic staff member is responsible for seeing that the file of
his/her credentials is complete. As additional credits are earned, a transcript of these
credits should be added to the faculty or academic staff member's personnel file in
the human resources office.
Faculty and academic staff members are entitled to have access to his or her own
file, except for documents which are permissibly confidential. Under Wisconsin
law, information which was obtained under an official pledge of confidentiality,
where such a pledge was necessary to obtain the information, may be held in
confidence. Otherwise, a document in a personnel file may not be withheld from a
person who is authorized to examine the file, including the unclassified member.
Evaluation of
Unclassified Staff
For information specific to faculty or academic staff evaluation see index.
Student Evaluation of
Instruction
(BOR 74-13)
Preamble
The regents, administrations and faculties of the university of Wisconsin system
have in common the purpose of providing the most effective instruction possible for
all students. They also share the interest which students have in improvement of
teaching quality, and assert that teaching ability should be one of the chief criteria
considered in tenure decisions and in the retention, promotion, and compensation of
faculty.
Student evaluation of teaching is an important source of information on classroom
performance. For this reason, the regents seek to establish university of Wisconsin
system policy on the use of student evaluation of teaching for (a) improvement of
instruction; (b) retention, promotion, and tenure decisions; and (c) merit salary
increase deliberations. The statement herein is limited to formal student evaluation
of instruction only and does not cover evaluation of non-instructional personnel or
activities, or evaluation of instruction by faculty peers or administrators. As
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General Observations
background for such a system policy, the regents offer the following commentary:
Student evaluation for such purposes as those stated above is now conducted in a
variety of ways throughout the university system. The regents recognize that the
faculties of the several institutions have the primary responsibility for setting policy
concerning the method or methods by which student evaluation of instruction may be
undertaken. Currently in the system some campuses have in operation a uniform
institution-wide method of student evaluation, others permit departmental/divisional
autonomy, and others use systems devised and/or administered by student groups.
Institutional faculty governance bodies are encouraged to work toward an evaluative
methodology, including delineation of faculty/student involvement in development
of evaluation instrument(s) and procedures for its (their) use, particularly suited to
the needs and nature of their institutions.
While research on the use of student evaluation has been extensive, no single
instrument or methodology can be identified which is clearly more valid or useful
than another. Emphasis may to good effect be placed on description of what happens
in the classroom; research is still clearly needed to improve evaluation
methodologies. Consequently, whatever practice is followed will need to be
improved by an ongoing process of testing and perfecting, and a wise understanding
of the strengths and limitations of the student evaluation methodology in use. The
regents accordingly believe that variety of practice, affirmed by the considered
judgment of the faculties of the several institutions, constitutes the best basis for
carrying out a regent policy on student evaluations.
Use of Student
Evaluations for
Improvement of
Instruction
One of the widest uses of student evaluation is as a source of information for the
improvement of instruction. The regents recognize that a variety of instruments or
methods of student evaluation may serve the purpose of improving instruction, yet at
the same time have little value for purposes of comparative evaluation of teaching
performance. For example, short questionnaires checking student reaction to
particular teaching materials, units, forms of presentation, or exams; open-ended
suggestions solicited from class members for course improvements; or class
discussion as a part of the on-going process of course planning and conduct may be
useful for instructional improvement but not of value for peer group advice or
administrative uses. Frequently, student evaluation for self-improvement is best
used when the faculty member has freedom of choice as to instrument, methods or
frequency. In this context, information which a faculty member solicits from
students may be of greatest value for teaching improvement when there is no
requirement that it be submitted to support promotion, tenure, or merit increase
decisions.
Use of Student
Evaluations for
Retention, Promotion,
and Tenure Decisions
Peer group evaluation of a faculty member for retention, promotion, or tenure is
necessarily based on multiple criteria which include effectiveness in teaching as well
as high quality in scholarly activity and public service. Final consensus prior to a
recommendation requires a judicious weighing of such criteria, both singly and in
relation to one another, relative to the current mission and developmental needs of a
department and institution. In assessing teaching effectiveness, the regents believe
that student evaluations are an important and useful source of evidence which should
be explicitly considered in reaching judgments. The regents assert, however, that
student evaluation must not be a substitute for direct peer judgment of teaching
effectiveness through a variety of means such as observation of teaching, assessment
of syllabi, examinations, and other course materials, and evaluation of contributions
to development and strengthening of departmental curriculum. Moreover, effective
peer judgment of teaching effectiveness necessarily includes both examination of the
faculty member's current level of performance, and also his or her potential for
growth.
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Use of Student
Evaluations in Merit
Salary Increase
Decisions
With regard to merit salary increase, the regents are aware that sharp differences of
opinion exist within the system, and within higher education nationally, concerning
the value of repeated and regular use of a single evaluative instrument as one of the
bases for annual decisions. While some campuses regularly use student evaluations
for the purpose of improving teaching, other campuses believe that requiring annual
or semester use for all classes of all teachers (since all teachers might properly be
considered for merit increases) may generate costs well beyond any benefits
received. The system may be time consuming and costly to manage. It may
generate a volume of data much of which is redundant in the sense that steady and
repetitious use may not generate new information. Such concerns should be
reflected in a policy statement on student evaluation.
Policy Statement
In light of these considerations and in an effort to insure considered use of student
evaluation for certain administrative purposes and to encourage its increased use for
other purposes, the regents have prepared the following statement of system policy:
1.
Student evaluation for the improvement of instruction. Each institution of the
system should develop policy supporting the widest possible use of student
evaluation for the improvement of instruction, together with supporting services
which will best encourage and assist faculty members to use student evaluation
for this purpose.
2.
Student evaluation of instruction as information used in actions on promotion,
retention or the awarding of tenure.
Each institution of the university system shall adopt such policies for
instructional faculty as will insure (a) that student evaluation of the instruction
of each faculty member being considered for promotion or tenure shall be
undertaken; (b) that the faculty body which initiates recommendations for
promotion or tenure shall consider, in addition to independent peer judgment of
teaching effectiveness, student evaluation data, taking into account existing
limitations in validity and reliability of the evaluation methodology employed;
and (c) that the faculty body initiating the recommendation shall include both its
explicit evaluation of the teaching effectiveness of the person for whom the
recommendation is made, and shall include a summary of information provided
by student evaluation as part of the supporting evidence for its recommendation.
Each institution shall develop systematic and firm procedure(s) for the manner
and form of presenting student evaluation material for administrative purposes.
Faculty members being evaluated should be informed of and have the right to
respond to any summaries of student evaluations to be submitted for
administrative use.
3.
Student evaluation of instruction as information used in actions on merit salary
increase.
All faculty members being considered for merit salary increases shall be
evaluated by their peers as to their instructional ability, using information from
student evaluation of their instruction, as well as other information relevant to
assessment, at least once every three years. The intent of this policy is to
delegate to the Institutions and their faculties decision as to the minimal
frequency with which full assessment of teaching performance should be
undertaken and formal analysis of student evaluation data carried out. It does
not, however, imply that more frequent student evaluation might not be wise or
desirable in order to provide the most substantial basis for the formal
assessment of teaching performance.
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N.B.--The Policy Statement on Student Evaluation of Instruction shall be applied to
all teaching faculty understanding that in UW-Extension major portions of faculty
assignments may be to continuing education and public service. Accordingly, this
institution should develop analogous procedures for gathering information on the
response of client groups to the performance of such faculty.
Student Evaluation/
Observation of
Instruction
(Approved 7/20/84-Chancellor)
The board of regents of the university of Wisconsin system issued in Policy
Document 74-13 entitled Student Evaluation of Instruction. This document uses the
term "evaluation of instruction" and states:
Student evaluation of teaching is an important source of information on
classroom performance. For this reason, the regents seek to establish university
of Wisconsin system policy on the use of student evaluation of teaching for (a)
improvement of instruction; (b) retention, promotion, and tenure decisions; and
(c) merit salary increase deliberations.
Within this UW-Stout document, the term "observation of instruction" is used in
place of the regent term "evaluation of instruction" in recognition of the fact that
students can provide valuable observations of the classroom experience. However,
the individual, professional colleagues, and immediate supervisors are in the best
position to evaluate the total learning experience which includes the subject content
of the course, curriculum development, and assessment of syllabi and examinations,
as well as effectiveness in the classroom.
Policy
Student observation of instruction, as required by regent policy, must be used as a
component in the personnel performance evaluation process. The interpretation and
use of student observations in concert with other appropriate information must be
done at the department level. Each department must develop a written policy which
specifies the use of student observations in the evaluation process. This written
policy is to be approved by the department members and clearly indicate that student
observation of instruction is not to be used as the sole source of information on
teaching effectiveness in determining the performance evaluation.
The specific data collected from the student observations of instruction are to be
considered only at the department level for personnel performance evaluation.
Generally, these data will be retained at the department level for one year after their
use in the annual evaluation. If it is necessary to forward specific information about
student observations of an individual outside the department, this information will be
provided in summary form according to department guidelines. Any such summary
will be given to the individual and he/she will be given the opportunity to respond to
the summary before it is forwarded outside the department. Any
statements/summaries on the teaching effectiveness of an individual based on student
observation must be clearly identified as such.
Since student observation of instruction is intended to aid in the improvement of
instruction, a written evaluation procedure must be developed and approved by the
department members. In cases where improvement of instruction is warranted, a
program for this purpose should be developed mutually by the individual and the
department chair. Included will be a system of follow-up or continuing observation
and evaluation with feedback, provided either through written or verbal
communication. Written progress reports may be requested by the individual.
No single all-university form for collection of student observations of teaching will
be used. Each department will develop a core of questions to be used by all
department faculty. Individual faculty may develop and use other questions in
conjunction with the core questions. The department will decide if this additional
information should be used in the evaluation process.
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Regent policy also requires the use of student observations in retention/nonretention, promotion, and tenure recommendations. Since performance evaluation is
completed on an annual basis, and since student observations are used in making that
evaluation, the student observations used in the annual performance evaluation are to
be used in developing recommendations for retention/non-retention, promotion, and
tenure. No separate student observations will be required specifically for these
purposes.
Departments may develop alternative procedures for evaluation of first-year faculty
where student observation data are not available.
Regent policy (Policy Document 74-13) refers to formal student evaluation of
instruction only. Appropriate instruments should be developed to evaluate faculty
providing administrative and non-instructional services. Faculty in each department
or functional equivalent will develop and approve the process for their unit.
Procedure
(Approved 9/1/83-Faculty Senate,
Each department will administer the process as follows:
1.
Within a three year period, all teaching faculty will have an appropriate sample
of student observations. Each department will develop a written policy
regarding the sampling process.
2.
The collection of student observations of instruction will be by an appropriate
person other than the instructor of the class and delivered in a sealed envelope
to the department office immediately after the class.
3.
Evaluation forms will be kept on file with the department secretary until that
semester's grades have been delivered to the registrar.
4.
To insure individual privacy, each student has the right to decide for
himself/herself if he/she wishes to sign instructor and/or course
evaluation/observations.
5.
After grades have been received by the registrar, the person being observed will
have access to the student observation forms and summaries of data.
6.
Student observation data will be used by the department chair in making the
annual performance evaluation. After that annual evaluation is approved by the
dean, discussed with and acknowledged by the faculty member, the student
observation data will generally be retained for one year and then destroyed. All
such data will be retained in the department office.
Approved 12/22/83-Chancellor)
Professional
Development
Opportunities
(Summary)
UW-Stout views professional development opportunities as essential to maintaining
the expertise and intellectual vitality of its faculty and staff. Maintaining
competence in an environment of rapid change requires commitment from the
university as well as the individual. As part of the post-tenure review process,
tenured faculty members are required to have a professional development plan on
file with their supervisors.
Professional development funded by the university includes a variety of programs
and activities, many of which are sponsored by department or school budgets.
Typical examples include travel to professional meetings and registration for
conferences or workshops.
Opportunities for additional funding are coordinated by research services in
conjunction with the office of the provost, the faculty senate and senate of academic
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staff. The research services office assists in identifying funding sources that match
the individual's development objective with the appropriate program which would
fund it. Research services also assists in developing the professional development
proposal and budget, word processing and completion of forms.
Some examples of professional development opportunities include, but are not
limited to, those listed below. Contact the research services office for guidelines and
application dates for those listed, as well as for complete information on other
fellowships, exchange programs, or opportunities for specific disciplines or groups
such as race and ethnicity; minority and disadvantaged; minority faculty research;
minority doctoral support; women and the economy; or math and sciences.
Faculty Research
Initiative Grants
Assist faculty in initiating research, scholarly, and creative activities that have
potential for becoming continuing programs supported by extramural funds.
Stout University
Foundation Grants
Fund projects directly related to UW-Stout's mission that promote excellence and
that are above and beyond usual operational needs and for which state funds are
unavailable.
Undergraduate
Teaching
Improvement Council
Grants (UTIG)
Undergraduate
Teaching
Improvement Council
(UTIC) Small Grants
Seek proposals on all teaching improvement topics. Topics of special emphasis are
established yearly.
Wisconsin Teaching
Fellows
Provide the most promising teacher-scholars in their first decade of teaching in the
UW system with a year-long opportunity to think creatively about college teaching,
to learn about innovative teaching approaches, and to work cooperatively with
colleagues in their disciplines.
Professional
Development Grants
for Faculty and
Academic Staff
Provide opportunities to enhance effectiveness in meeting changing needs and roles
in higher education; to contribute to improving program vitality during a period of
anticipated resource constraints and rapidly changing administrative and educational
needs; and to enhance and refine those abilities most directly related to UW-Stout's
mission and goals.
Chancellor's
Administrative
Fellowship Program
Provide leadership and administrative training on current issues in higher education,
including both managerial skills and a broad vision of the purpose and potential of
higher education. Eligible applicants are faculty at the professor or associate
professor rank and academic staff who serve in administrative roles.
Named Professorships
Recognize outstanding ability and promise and provide substantial support for the
recipient's professional activities and academic pursuits. Only tenured faculty are
eligible. Details about emphasis, conditions for selection, procedures, and
requirements for these prestigious awards are available from the chancellor's office,
the Stout foundation office or the faculty senate office.
Tuition/Fee
Reimbursement for
The Employee Educational Assistance Program of the UW system promotes
continuing education of faculty and staff. It is outlined in system's General
Administrative Policy Paper (GAPP) 25, but administered by the campus, with
Promote regional interaction among UW faculty in two- or four-year institutions;
invite guest faculty to participate in teaching improvement activities; or follow-up
opportunities for faculty who have participated in UTIC-sponsored conferences to
meet again on related issues.
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Authorized JobRelated Coursework
application made directly to appropriate administrative levels within the employee's
own division. GAPP 25 describes fee/tuition reimbursement policies for authorized
coursework for credit and training undertaken by the various types of employees
within the UW system, within the constraints of departmental budgets.
GAPP 25April 16, 1992
Employees may be reimbursed for authorized coursework for credit and training
other than coursework or training under the faculty or academic staff professional
development programs or employer-directed coursework or training including
meetings, conferences, and workshops paid directly by the employer.
(abridged)
Eligibility
An unclassified employee must have a half-time or greater appointment to be eligible
for reimbursement for coursework or training that will improve the employee's job
performance. This includes acquiring skills and knowledge necessary for
advancement to positions closely related to the current job or to advance to another
job that is pertinent to the mission of the UW system. Coursework or training
undertaken at an employee's initiative for self-enrichment does not qualify.
Procedures
Requests for reimbursement for coursework or training are initiated by the employee
through the appropriate administrative levels. A request for Authorization to
Reimburse Employee's Fees/Tuition form must be completed and approved prior
to the commencement of the course. [At UW-Stout, this form is available in the
office of the provost, which begins to accept applications on May 1 (for summer and
fall terms) and October 1 (for spring term). Funds are distributed on a first comefirst served basis.] Normally, coursework is taken on an employee's own time. No
more than one course, up to five credits, or a training equivalent in an academic term
(e.g., a semester, summer session or an equivalent) may be reimbursed. Additional
coursework may be authorized by the chancellor or designee.
Coursework may be taken at any state accredited public or private higher educational
institution or VTAE district institution. Coursework at UW system institutions is
encouraged. Normally, reimbursement for coursework taken at private institutions
shall be limited to the rate of an equivalent course at the home institution.
Tuition and fees shall be reimbursed only upon successful completion of the course
if the employee is still employed at the institution. Segregated fees may be
reimbursed or waived. Any financial aid received by the employee for tuition and
fees shall be taken into account when determining the amount to be reimbursed. The
following three items must be submitted when requesting reimbursement:
1.
A completed Request for Authorization to Reimburse Employee's Fee/Tuition
Form (approved prior to enrollment).
2.
Evidence of having paid reimbursable fees (i.e., a fee receipt).
3.
Evidence of successful completion of the coursework or training (grade report
or certification of completion).
Requests which do not include all of the above requirements shall be denied.
Reimbursements shall be classified into one of three categories:
1.
Job-related training and development: Credit and noncredit, undergraduate or
graduate level courses that are required by the university; or by law or
regulations to maintain salary, status; or current position (if the requirements
serve a business purpose of the university); or taken to maintain or improve
skills required in the employee's present work.
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2.
Career-related training and education--undergraduate: Undergraduate courses
taken to meet the minimum educational requirements for a position or that will
qualify the employee for a new trade or business.
3.
Career-related training and education--graduate: Graduate-level courses and
professional development courses, such as Bar Exam Review, CPA Review,
etc., that are taken to meet the minimum educational requirements for a position
or will qualify the employee for a new trade or business. (The IRS generally
considers courses leading to the completion of a professional degree in a given
field or discipline to be education that qualifies the employee for a new trade or
business.)
The taxability of reimbursements is subject to the existing provisions of the Internal
Revenue Code. Employees should be advised to obtain tax counsel as to the
reportability and deductibility of educational expense reimbursement. Generally,
educational expenses qualifying as job-related are not reportable by the University as
income to the employee.
A complete copy of General Administrative Policy Paper #25 is available from the
human resources office.
Employee
Performance
Improvement:
Procedures for
Implementing Regent
Policy on Authorized
Job-Related
Coursework and
Training
UPG #8-Rev.
(excerpts)
If the employer determines that the needed coursework is available only during the
employee's scheduled hours of service, a program of proportional compensatory time
may be worked out provided normal services of the employing unit are not disrupted
or impaired.
Where the employer has directed training deemed essential to the continued
effectiveness of an employee, that training may occur during scheduled working
hours of the employee and should be paid for by the employer. For all other types of
authorized coursework or training, institutions will reimburse the employee, upon
successful completion of the coursework/training, for basic instructional fee/tuition
charges, but not book and supply costs. Segregated fees can either be waived or
reimbursed (upon successful completion of the training/coursework) if still employed
in state service.
This program shall not be used as a form of compensation for any employee.
This policy does not apply to attendance at periodic professional meetings and
conferences where state and UWS travel guidelines presently accommodate
employee travel and registration expenses. To qualify as job-related coursework or
training, the activity must result in a "grade" or other formal certification of
completion or accomplishment. Most professional "meetings" and "conferences" are
informational and do not lead to a grade or certification nor are they characterized as
"coursework" or "training" generally.
A complete copy of Unclassified Personnel Guideline #8 is available from the
human resources office.
Doctoral Tuition
Reimbursal Program
In years when the university's budget allows, UW-Stout offers an additional tuition
reimbursal program for faculty and academic staff who are formally accepted in a
doctoral program at regionally accredited institutions and who have already
successfully completed 15 quarter or 12 semester credits from that institution.
Criteria, method of award, and selection criteria are listed on the application forms
available from the office of the provost.
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TYPES OF ABSENCES/LEAVES
Policy for Awarding
Sabbaticals at UWStout (Summary)
(Approved 2/18/92-Faculty Senate,
Approved 4/6/92-Chancellor)
(Approved 4/15/97 - Faculty
Each year, at the University of Wisconsin-Stout, available resources shall be used to
fund as many sabbatical appointments for instructional faculty as possible at 100
percent for a single semester and 65 percent for one year. Funds shall be disbursed
according to the following guidelines:
1.
A campus-wide sabbatical appointment committee made up of two tenured
faculty members from each college/school representing different departments
and one tenured faculty member at-large shall be elected for three-year
staggered terms through the faculty senate election process. An alternate for
each position will also be elected for a three-year term. The faculty senate will
appoint individuals to vacant alternate positions as necessary. (See Item 3
under IV. SABBATICAL APPOINTMENT APPLICATION TIMELINE for
description of election process.)
2.
All sabbatical application materials are to be typewritten on one side of the page
and shall be submitted to the sabbatical appointment committee, which will
rank them in order according to criteria developed by the sabbatical
subcommittee of the personnel policies committee (PPC) and passed by both the
PPC and the faculty senate.
3.
Applications in rank order shall be submitted to the chancellor who, with the
provost, will either approve or disapprove the proposals. Normally, the
minimum numbers will be awarded.
Senate; approved 7/25/97Chancellor)
(Rev. 5/6/08-Faculty Senate:
Approved 5/21/08-Chancellor)
I. Distribution of
University Funds
Reserved for
Sabbatical
Appointments
(Approved 10/3/95-Faculty Senate;
Approved 12/13/95-Chancellor)
(Rev. 5/9/00-Faculty Senate;
Approved 5/25/00-Chancellor)
The provost will be responsible for the implementation of the sabbatical
appointments ensuring that arrangements to cover for faculty members on sabbatical
appointments will not impose undue hardships on colleagues, departments,
programs, or colleges.
II. Eligibility to Apply
for a Sabbatical
Appointment,
Criteria for Ranking
Applicants, and
Evidence for Ranking
A full-time instructional* faculty member, regardless of split appointment fraction,
will be considered to be eligible to apply for a sabbatical appointment when s/he:
1.
Is tenured and has completed six or more years of full-time instructional
service* at the University of Wisconsin-Stout with preference to those who
have not had a leave of absence regardless of funding in the previous four years
(See the university of Wisconsin system academic planning statement #3.3, also
known as ACPS-3.3).
Note: UW System allows sabbaticals for full time instructional* faculty only as
per UWS 36.11(17).
2.
Can propose a sabbatical appointment project (or projects) that will do one or
more of the following:
(revised 2/11/2014)
a. enhance teaching, student learning, and student development.
b. contribute to course and/or curriculum development.
c. contribute to research or scholarly activity related to instructional programs
within his/her field of expertise.
3.
Consistently receives merit ratings of Above or Within job description.
4.
Will return to UW-Stout for one year following the sabbatical appointment.
* Instructional service includes full-time teaching, non-classroom student learning/educational activities
and such instructional related activities as program director and department chair.
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Criteria for Ranking
Applications and
Applicants
Evidence Which May
be Used to Evaluate
Applications
The sabbatical appointment committee will use the following criteria to rank eligible
applicants. The criteria are grouped according to those which pertain to the
applicant's past performance (1-3) and those which pertain to the sabbatical
appointment project(s). (They are not necessarily arranged in priority order):
1.
Length of applicant's service at the University of Wisconsin-Stout without a
break.
2.
Significance of applicant's contributions to teaching, research, and service at the
University of Wisconsin-Stout.
3.
Potential for successful pursuit of sabbatical project as demonstrated by
applicant’s past performance.
4.
Relationship of proposal to applicant's professional development.
5.
Potential contribution of sabbatical project to future teaching at the University
of Wisconsin – Stout.
6.
Potential contribution of sabbatical project to the pursuit of knowledge in the
applicant's field.
Each applicant will submit the following in support of his/her application:
1.
To demonstrate past contributions (criteria 1-3)
a. Cover sheet indicating duration of service, past leaves and/or sabbaticals
(regardless of funding), department chair and dean signatures.
b. Resume of no more than two pages outlining the applicant's strongest
claims of contributions to teaching, scholarly activity, and service.
2.
To demonstrate aptness of proposed sabbatical project(s) (criteria 4-6)
a. Proposal of not more than two pages describing the applicant's plans for
using the sabbatical appointment. Proposal should include:
(1) Realistic goals for sabbatical appointment (may include more than one
project as long as all can fit realistically into the time requested).
(2) Relevance of proposal to teaching, student development, or scholarly
activity in applicant's field of instructional expertise.
(3) Indication of importance of project to applicant's field or to his/her own
professional development.
(4) If a previous sabbatical was awarded, include outcomes from the most
recent sabbatical.
In addition, each applicant may appear before the committee (at the request of the
applicant or of the committee) to present his/her case for sabbatical appointment at
this time and to answer questions about his/her application. Applicants may bring to
the interview only materials directly related to the application.
III. Review of
Sabbatical
Applications by the
The signature of the applicant's department chair and dean on the cover sheet of the
proposal will indicate:
- that those officials have read the complete sabbatical appointment
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Department
Chair/Department
and Dean
application,
-
that the applicant has met the requirements,
-
that, to the best of those officials' knowledge, all other material presented in
the proposal is correct,
-
that the quality of program offerings will neither be reduced below
acceptable standards should the applicant be granted the sabbatical
appointment nor would that appointment delay or interfere with necessary
department or college functions beyond acceptable limits (See the
university of Wisconsin system academic planning statement #3.3, also
known as ACPS-3.3)
-
and that those officials have provided input (support or do not support)
If the applicant's department chair or dean does not support the sabbatical request,
the official will
-
forward the application to the sabbatical appointment committee with
rationale only for not supporting the application, and
-
send a copy of the rationale for nonsupport to the applicant.
In cases where the department chair is applying for sabbatical appointment, he/she
will
-
notify the department at the time when other applicants notify their
department chair of their plans to apply for sabbatical appointment
-
call upon the department personnel committee to review all department
sabbatical appointment applications and write the rationale if any
application is not supported, providing it with necessary information to
verify that each application contains accurate information as well as his/her
perspective on the effect of the appointment on the department's necessary
functions.
In addition, after applications are received, the applicant's department chair and dean
will cooperatively
-
begin a parallel process to assess what the resource need would be for
coverage during the sabbatical period with members of the department
-
forward the proposed plan for coverage to the provost
-
do what is in their power to facilitate approved sabbatical appointments
including and especially negotiating with the provost to make the sabbatical
possible. Such negotiations should be made under the assumption that
collegial coverage of a sabbatical appointment recipient's duties would be
voluntary and would neither impose undue hardship nor infringe on student
rights to quality education.
Note: Applications are not to be prioritized at the department or college level.
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IV. Sabbatical
Appointment
Application Timeline
Each year the timeline will be modified with specific dates to accommodate each
year's calendar, and copy will be included with the sabbatical appointment
application packet.
1.
Within the first week after spring break, the chancellor, or designee, shall
announce to the faculty the prospects for sabbatical appointments in the
academic year beginning eighteen months hence. The faculty shall be informed
of the prospects through a letter to each individual faculty member, an item in
the official staff newsletter, and a formal announcement at the first faculty
senate meeting after spring break. Each form of the announcement will contain
the following information:
a. projected number of sabbaticals and amount of university funding available
b. abbreviated time line for application procedures and notification
c. criteria for eligibility
d. the information that a complete application packet may be obtained from
the human resources office
2.
Simultaneously, the chancellor or designee will send an announcement to
department chairs and deans containing the same information along with an
explanation of their roles in the process with particular information on how and
when replacement of department members on sabbatical will be negotiated.
3.
When the faculty senate solicits nominees for committees each spring semester,
it will call for nominees for the sabbatical appointment committee from the
colleges (see description of committee make-up in Distribution of University
Funds Reserved for Sabbatical Appointment I.1.). Using the traditional faculty
senate election procedure, the chair elect of the faculty senate shall solicit
nominations for committee members and alternates from faculty in each unit,
after which committee members will be elected by the faculty at large.
4.
In August, a second virtually identical announcement including reference to the
April notification will be included in the Welcome Back packet distributed to
all faculty and staff.
5.
In the final week of August, the faculty senate office will begin procedures to
call a meeting of the sabbatical appointment committee early in the semester to
review the charge, elect a chair and establish a process.
The chair of the PPC will meet with the sabbatical committee during their initial
organizational meeting to review the sabbatical process and procedures, and
stress the importance of the recommendations that the committee will make to
the faculty senate and the chancellor.
6.
7.
No later than the first week of the contractual year (orientation week),
applicants for sabbatical appointment will notify department chairs of their
intent to apply and consult with them about the ramifications of such
application. The department chair will, in turn, notify the dean.
Faculty applicants may begin to prepare applications including the cover sheet
and signature sheets provided with the application packet, a two-page CV and a
two-page sabbatical appointment plan (See Eligibility to Apply for a Sabbatical
Appointment, Criteria for Ranking Applicant, and Evidence for Ranking, II).
Application packets are available in the human resources office by the first
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week in September.
8. The chair of the PPC will have at least one, perhaps two, open information
session(s) on campus to meet with interested sabbatical applicants. This
meeting should occur in the second or third week of September (after
application materials are available and at least one week before materials are
due at the first level). In this meeting, the sabbatical process, procedures and
application materials will be reviewed. This will be a “best practices,” question
and answer session similar to the meetings conducted for applicants for
promotion.
9.
By Monday of the last week in September, applications will be submitted to
department chairs for review. The following Monday, they will be passed to the
applicant's dean for review. EXCEPTION: When the department chair is also
an applicant for a sabbatical appointment, all applications will be submitted to
the chair of the department's personnel committee for review.
10. After applications have been reviewed by the department chair (or department
personnel committee) and dean, meetings will begin with the departments to
assess what the resource needs would be for coverage during the sabbatical
period. The proposed plan will be forwarded to the provost by Monday of the
first week in November.
11. By the Monday of the second week in October, all applications with department
chair (or department personnel committee chair) and dean signatures and
rationales if appropriate, will be hand carried to the human resources offices for
duplication and distribution to the sabbatical appointment committee no later
than two days hence. The human resources office will notify each applicant
individually through the campus mail that his/her application has been received.
12. During October the sabbatical appointment committee will evaluate and rank
applications according to specified criteria using specified evidence.
Application materials not meeting the criteria for a sabbatical will be rejected
by the committee regardless of the quota for sabbaticals.
13. By the first working day in November, the sabbatical appointment committee
will report its ranking to the chancellor for disposition and, within three more
working days, notify applicants of the results in a letter summarizing its
deliberation procedures and listing successful applicants in rank order. In
addition, the chair of the committee will write individually to any applicant not
recommended explaining the reasons for the committee's decision.
14. By November 15, the chancellor, after consultation with the provost, will notify
system, chairs, deans, and applicants of his/her disposition of the applications
for sabbatical appointment.
15. Shortly after system approval of sabbatical appointments but no later than
January, the provost will begin implementation of the sabbatical appointments for
the following year through final negotiation with chairs, deans, and affected
colleagues of recipients' units to plan for the absence of those faculty members.
16. During the period from January 1 to March 31 of spring semester, the sabbatical
appointment committee will meet to evaluate the procedure and recommend
modifications for personnel policies committee consideration if they seem
advisable.
17. Within three months of completion of a sabbatical appointment, the faculty
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member will complete and submit a final report to the provost's office.
UNPAID LEAVES OF ABSENCE
UW-Stout Procedures
Leaves of absence, not funded by the university, may be granted to unclassified
employees with an ongoing contract. Some examples of reasons for leaves of
absence are administrative, educational, medical, maternity, military, travel, political,
and personal.
The procedure to obtain such a leave is to forward a request to the department chair
or supervisor who in turn will forward it through channels to the chancellor, where
the decision is made. Any change in the time or status an individual is employed
may affect the benefits that person receives. Persons considering leaves of absence
should contact the human resources office to determine the effect of a leave of
absence on their benefits. Normally an individual on leave will return to UW-Stout
at the same salary that would have been received if he/she had remained
continuously in service.
Summary (BOR 89-8)
Leaves of absence must be for a specified period of time. Initial leaves of two years
or less may be approved by the chancellor. Any extension beyond the second year
must receive specific approval of the board of regents. All leaves of absence carry
an implicit agreement between the staff member and the university that the staff
member will return to the university at the conclusion of the leave; failure to return
to the university constitutes a resignation from the university.
For a copy of the complete text, contact the human resources office.
PAID
LEAVE/COLLEAGUE COVERAGE
Reporting
Requirements
Colleague Coverage
(UPG 10)
Vacation
(UPG 9)
The following are summaries of UW system policies. For complete text contact the
human resources office.
UW system unclassified employees must file a written report once each month
detailing sick leave and/or vacation used and/or colleague coverage provided in lieu
of sick leave. A monthly report must be filed whether or not paid leave is used or
colleague coverage is provided.
Colleague coverage may be used in place of sick leave by teaching staff who miss
classes due to illness. If replacement is paid to assume the classes, sick leave or
leave without pay must be used. Colleague coverage may not be extended beyond
the semester in which the absence began. Colleague coverage may only be used for
coverage of teaching responsibilities. It cannot be used for non-teaching
responsibilities.
Eligible annual pay-basis staff accrue paid vacation entitlement at 22 work days per
year of full-time employment. While staff are encouraged to use vacation leave in
the year in which it accrues, the chancellor or designees, may allow unused vacation
to be carried over for up to one year after the year in which it accrues. Each
institution may limit both the amount of carried-over vacation and the period within
which the vacation must either be used or forfeited.
Since July 1, 1993, staff who have completed ten or more years of state of Wisconsin
service in appointments earning vacation, or as unclassified university participants in
the Wisconsin Retirement System, may at their option, reserve up to 5 days of
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vacation/annual leave each fiscal year (or a prorated number of days for part-time
staff) in an annual leave reserve account (ALRA). The total number of days
accumulated in an ALRA shall not exceed 22. This accumulated leave may be used
at any time in accordance with other vacation/leave policies.
Sick Leave
(UPG 10)
Definition
(UWS 19.01, 3/1/76)
Persons Who Earn
Sick Leave
(UWS 19.02, 3/1/76)
Employees may use sick leave during periods of illness, injury, disability, pregnancy
or bereavement upon the death of a family member as well as during periods
associated with attendance upon immediate family members whose condition
requires direct care, the birth of a natural child, or the placement of a child with the
employee for adoption. In the event of an employee's death, layoff or retirement, the
accumulated sick leave value can be used to pay for state group health insurance
premiums. In the case of death, the conversion option is available for the surviving
spouse and/or dependents if family coverage was in effect at the time of death.
Sick leave refers to absences of faculty, academic staff and limited appointees of the
university of Wisconsin system due to personal illness, injury, disability or
pregnancy as well as attendance on a member of the immediate family of the
employee whose condition or death requires the employee's direct care, if such
absences are being charged against the employee's accumulated sick leave credits.
1.
Eligibility. All faculty, academic staff, and limited appointees as defined in
UWS 15.01 (2), shall earn sick leave.
2.
Accrual of Sick Leave
a. As of March 1, 1976, each employee's account shall reflect the accrued
balance of unused sick leave earned under the board of regents' sick leave
policy adopted on June 8, 1973.
b. Employees whose initial appointments are for 9 months or more shall be
credited with 22 working days of sick leave which they may draw upon as
required consistent with UWS 19.01.
c. After 18 months of service, each employee shall earn additional nonlapsing
sick leave at the rate of 1 day per month for persons holding annual basis
appointments and at the rate of 6 days per semester or 4 days per quarter for
persons who hold academic year basis appointments, with a maximum
annual accumulation limited to not more than 12 days.
d. Unused sick leave shall accumulate from year to year in the employee's sick
leave account pursuant to 36.30 (1), Stats.
e. An employee utilizing paid sick leave shall continue to accumulate sick
leave credits during the period of the sick leave absence.
f.
An employee does not accumulate sick leave credits while on an unpaid
leave of absence including while receiving state income continuation
insurance payments.
g. Part-time employees have an initial entitlement, earn and are charged sick
leave in the same proportion as their appointment bears to a full-time
appointment.
If the employee leaves employment with the university of Wisconsin system other
than through retirement or death, unused sick leave will be terminated but will be
reinstated if the employee is reappointed to any position within the system within 3
(UWS 19.03, 3/1/76)
years.
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Reinstatement
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Income Continuation
Insurance
When an employee becomes eligible to receive compensation under income
continuation insurance, sick leave benefits are no longer applicable to that illness.
(UWS 19.04, 3/1/76)
Recording and Use of
Sick Leave
Each department or equivalent unit shall maintain records of each employee's sick
leave entitlement and use.
(UWS 19.05, 3/1/76)
Jury Duty
University employees who are summoned for jury duty are entitled to paid leave of
absence required pursuant to the summons and subsequent service on a jury. No
deduction shall be made from pay, nor shall there be an interruption in pay, due to
jury duty. Employees will also be allowed to keep any pay that is earned as a result
of jury duty in addition to their regular pay.
Once summoned for jury duty, unclassified employees should notify their
supervisor/department chair immediately so any necessary arrangements for
accomplishing their duties and responsibilities may be made. A copy of the
summons may be requested by the supervisor/department for inclusion in the
departmental files.
Individuals summoned for jury duty who seek exemption or excuse from jury service
should refer to section 756.02(2)(a), Wisconsin Statutes, which provides:
Any person or group of persons may be excluded from service as jurors by
order of the judge based on a finding that jury service would entail undue
hardship, extreme inconvenience, or serious obstruction or delay in the fair and
impartial administration of justice. The exclusion or excuse shall continue for a
period deemed necessary by the judge, at the conclusion of which the person or
group of persons shall reappear for jury service in accordance with the order of
the judge.
Family and Medical
Leave Act
Employees of the UW system are covered by the Federal Family and Medical Leave
Act and the Wisconsin Family and Medical Leave Act. While there are some
differences, the employee is entitled to whichever act is the most generous for a
given situation. Essentially both acts say that unpaid leave of up to 12 weeks must
be granted for any of the following reasons:
•
•
•
To care for the employee's child after birth, or for adoption or foster care;
To care for the employee's spouse, children, or parent, who has a serious health
condition;
For a serious health condition that makes the employee unable to perform the
employee's job.
For the duration of the leave, the employer must maintain the employee's health
coverage under any "group health plan", although the employee may have to pay the
premium.
Upon return, most employees must be restored to their original or equivalent
positions with equivalent pay, benefits and other employment terms.
The use of the leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee's leave.
UW-Stout allows employees to use their available sick or vacation leave for
situations covered by the Act. Colleague coverage can be used for the Family and
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Medical Leave Act.
Where possible the employee must provide 30 days advance notice when the leave is
"foreseeable". Supervisors may require medical certification to support a request for
leave because of a serious health condition, and may require second or third opinions
(at the employer's expense) and a fitness-for-duty report to return to work.
If conditions necessitate the use of a leave, the employee should contact the staff
benefits office in human resources immediately to discuss the differences between
the Wisconsin and Federal Acts.
For a copy of the complete text, contact the human resources office.
LEAVING THE UNIVERSITY
General Exit
Procedure
Because a contractual arrangement exists between the university and its employees,
it is assumed that the staff will observe the following guidelines for resignation and
exiting the university.
1.
Each faculty and staff resignation shall be in writing and will be submitted to
the department chair or supervisor.
2.
The resignation will be forwarded through channels to the chancellor for his/her
decision.
3.
Upon a positive decision, each faculty/staff will be responsible for performing
the following functions as part of the acceptance of his/her resignation from the
university:
a. Return keys, ID cards, and all other cards issued during the stay at the
university.
b. Return all materials from the university library to that unit.
c. Return all resources to the instructional resources unit.
d. Return all university handbooks acquired to the department chair.
e. Leave copies or printouts of grades with department chair.
f. Clear all outstanding obligations to the university.
g. Provide a forwarding address to the human resources office.
Exit Interview Policy
1.
Background
(UW-Stout 86-46)
The State of Wisconsin Department of Employment Relations requires
institutions of the UW system to conduct an exit interview with employees
terminating employment. At UW-Stout, the primary purposes of the exit
interview are to determine, in general, why an employee is leaving the
university and to establish what impact equal employment opportunity/
affirmative action concerns may have had on the individual's employment
and/or reason for leaving.
2.
Policy
It is the policy of the University of Wisconsin-Stout to ask all classified and
unclassified employees terminating employment with the university to complete
an exit interview questionnaire.
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a. The human resources office will provide an exit interview questionnaire to
individuals leaving employment at UW-Stout.
b. Completion of the exit interview questionnaire does not constitute filing a
formal complaint/grievance nor does it compel or preclude filing a formal
complaint/grievance.
c. An individual's identity shall remain confidential with respect to responses
to the exit interview.
d. Exit interview results will be reviewed periodically by the affirmative
action director in consultation with appropriate administrators for the
purposes of identifying patterns or problems and developing strategies for
the retention of protected group members.
Resignations and
Retirements
Each unclassified staff member is bound contractually to the university. Although
contractual language varies, it is expected that a faculty or staff member planning to
terminate employment with the university will submit a written letter of resignation
or retirement as far in advance of the effective date as possible, with the date of the
resignation or retirement clearly stated in the letter. The resignation or retirement
date for instructional staff normally is the last date of the contractual year. This
letter must be signed by the individual, dated, and submitted to the department chair
or the immediate supervisor. The resignation or retirement letter will be forwarded
through the appropriate administrative levels to the chancellor for final acceptance.
Each terminating employee is responsible for completing the general exit procedures
listed above.
Retirement Planning
The human resources office and/or the state retirement office are available to assist
all unclassified employees contemplating retirement in obtaining information
necessary to make informed decisions on retirement issues. It is to the advantage of
the employee to contact one of these offices well in advance.
Procedure for
Recognition of
Unclassified Staff
Upon Retirement
The chancellor will be notified of a faculty/academic staff member's retirement by
the appropriate division head.
The responsibilities of the chancellor's office are to:
1.
Provide a certificate from the governor's office for state service, if appropriate.
A minimum of twenty years' state service is required. The chancellor's office
will request the human resources office to obtain the certificate.
2.
Provide a certificate from the board of regents for university service, if
appropriate. A minimum of five years service is required. The chancellor's
office will request the human resources office to obtain the certificate.
3.
Provide recognition from UW-Stout for campus service. It is the responsibility
of the division to submit to the chancellor information to enable preparation of a
personalized letter of recognition.
4.
Provide Emeritus Recognition. When a faculty/academic staff member is to be
given emeritus status, the chancellor will award this designation by means of a
personal letter sent directly to the retiree.
5.
Provide publicity. The chancellor's office will notify university
communications of the names of retiring faculty/academic staff.
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Emeritus Status
1.
POLICY
(UW-Stout 76-8)
The chancellor, upon recommendation by a retiree's department and/or dean,
and/or director, may award emeritus status to a retiring person.
(Rev. 2/12/2013)
(Rev. 1/27/09-Faculty Senate:
Approved 2/11/09-Chancellor)
2.
CRITERIA FOR AWARDING EMERITUS STATUS
Emeritus status may be awarded to a retiring person who:
2.1. has served seven years in this University (in exceptional cases as
authorized by the Chancellor, the years of may be reduced);
2.2 Who is retiring permanently as to be eligible for a retirement pension;
2.3 Who had served the university in an exemplary manner;
2.4 Has been recommended by a colleague, dean, or director for Emeritus
status in a letter listing the retiree’s contributions to the university.
3.
EMERITUS STATUS PRIVILEGES
Faculty and academic staff of emeritus status shall enjoy the following
privileges:
3.1. The holding of an Honorary Identification Card conferring the following
benefits when presented:
• Complimentary use of University Recreation’s indoor track, swimming
pool, racquetball courts, and outdoor track. Access – at special rates set
by University Recreation – to University fitness centers, the Stout
Adventure climbing wall, equipment rental, and the adventure
challenge course.
• Complimentary entry to most university activity programs.
• Access to Student Center facilities.
• Access to the library. All types of media resources may be checked out
with this card.
• Use of a campus Flexline account, which enables purchases throughout
campus with pre-deposited account funds.
3.2 Access to and use of laboratory and other work facilities in the retiree’s
department – providing such access and use is for continuing professional
purposes, does not interfere with regular activities in these areas, and receives
the approval of the building supervisor and, if applicable, the appropriate
dean.
3.3 The on-campus use of an office, telephone and computer – providing such
facilities/equipment are available, the use is for continuing professional
purposes, and the use receives the approval of the department chair and the
appropriate dean. Emeritus offices may be shared by multiple retirees and are
contingent upon the space utilization needs of the University.
3.4 The same rights as regularly employed faculty to march in commencement
and other academic ceremonies.
3.5 The holding of a retiree parking permit to be used in accordance with
guidelines provided with the permit, contingent upon the recipient having
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been a University parking permit holder for a minimum of seven years.
3.6 Attendance at all social affairs and other University functions.
3.7 Retention of the retiree’s University email address.
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CHAPTER IIIB: PERSONNEL RULES FOR FACULTY
EXPLANATION
The Wisconsin Administrative Code, Chapters UWS 2 to UWS 6, defines personnel
rules for faculty. Chapter III.B. contains each of the sections of the code that apply
to personnel rules for faculty. Following each UWS rule, in italics and identified as
"UW-Stout," is the applicable university rule and/or procedure which further
specifies UW-Stout's particular application of the system rule. To gain a full
understanding, both the administrative code statement and the UW-Stout statement
must be read. A complete copy of the administrative code can be found in the
library.
FACULTY RULES: COVERAGE AND DELEGATION
Rules
(UWS 2.01, 2/1/86)
Delegation
(UWS 2.02, 2/1/86)
Rules in chapters UWS 2 and 3 apply to all faculty appointments made on or after
the effective date of these rules. Any person who holds a tenure appointment under
former chapters 36 and 37, Stats. 1971, and related rules shall continue to hold tenure
as defined under those chapters and related rules. Any person who holds a
probationary appointment under former chapters 36 and 37, Stats. 1971, and related
rules shall continue to enjoy the contractual rights and guarantees as defined under
those chapters and related rules, and may elect to be considered for tenure according
to the procedures existing under that appointment or under rules and procedures in
effect at the time of consideration. The rules in chapters UWS 4 to UWS 8 apply to
all appointments to faculty positions regardless of whether the appointment preceded
the adoption of these rules.
Rules and procedures developed pursuant to chapters UWS 3, 4, 5, 6, and 8 by the
faculty of each institution shall be forwarded by the chancellor to the president and
by the president to the board for its approval prior to their taking effect. Such
policies and procedures, unless disapproved or altered by the regents, shall be in
force and effect as rules of the regents.
FACULTY APPOINTMENTS
Types of
Appointments
(UWS 3.01, 2/1/75)
1.
Appointments to the faculty are either tenure or probationary appointments.
Faculty appointments carry the following titles: professor, associate professor,
assistant professor, or instructor.
a. "Tenure appointment" means an appointment for an unlimited period
granted to a ranked faculty member by the board upon the affirmative
recommendation of the appropriate academic department, or its functional
equivalent, and the chancellor of an institution via the president of the
system.
b. "Probationary appointment" means an appointment by the board upon the
affirmative recommendation of the appropriate academic department, or its
functional equivalent, and the chancellor of an institution and held by a
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faculty member during the period which may precede a decision on a tenure
appointment.
c. In accordance with section 36.05(8), Stats., academic staff appointments
may be converted to faculty appointments by the action of the board upon
the recommendation of the appropriate faculty body and the chancellor of
an institution. Such faculty appointees shall enjoy all the rights and
privileges of faculty.
d. In accordance with UWS 1.05 members of the academic staff may be given
faculty status. Members of the academic staff who have been given faculty
status have employment rights under the rules and policies concerning
academic staff.
e. A person holding a faculty appointment under 36.13 and 36.15, Stats., shall
not lose that appointment by accepting a limited appointment for a
designated administrative position.
(UW-Stout 3.01(c))
Conversion of Academic Staff to Faculty. The personnel committee of the
department or its functional equivalent is designated as the "appropriate faculty
body" referred to in UWS 3.01(c).
Recruiting
The faculty of each institution, after consultation with appropriate students and with
the approval of the chancellor, shall develop procedures relating to recruitment of
members of the faculty. The procedure shall be consistent with board policy and
state and federal laws with respect to nondiscriminatory and affirmative action
recruitment. The procedures shall allow maximum flexibility at the departmental,
school and college levels to meet particular needs. In all instances, the procedures
shall provide for departmental peer review and judgment as the operative step in the
recruiting process.
(UWS 3.02, 2/1/75)
(UW-Stout 3.02)
Guidelines Regarding Recruiting and Hiring. The faculty of each department or its
functional equivalent, through its personnel committee, shall devise and implement a
procedure for recruitment and hiring of new personnel. This procedure should
include the following features:
1.
The faculty (or appropriate body) of each unit shall profile the personnel needs
of the unit to determine the abilities, interests, qualifications, numbers and types
(faculty, academic staff--fixed term or probationary/indefinite, graduate
assistant, classified, etc.) of personnel required to carry out the unit's functions.
a. The profiles will take into account accreditation concerns (for example,
doctoral requirements or other appropriate terminal degrees), market
concerns, enrollment, the need for current expertise, and the identification
of core or ongoing positions.
b. These profiles are to include position descriptions for each member of the
unit.
c. Guidelines for these profiles should be standardized and implemented
uniformly, and the profiles should be updated annually.
d. Profiles should be approved by unit, school (or functional equivalent), and
division administrators.
These determinations shall be made within the total allocation specified for that
unit and shall be the basis upon which positions are filled.
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Appointments-General
(UWS 3.03, 2/1/75)
(UW-Stout 3.03)
(Rev. 12/1/2015-Faculty Senate:
Approved 12/14/2015-Chancellor)
(Rev. 3/8/2016 – Faculty
Senate:Approved 3/11/2016 –
Chancellor)
2.
The human resources office shall determine the procedures to be used in search
for suitable applicants.
3.
The faculty of the department or functional equivalent shall determine the
manner in which the faculty shall be involved in the selection process, taking
into consideration the availability of the faculty during the hiring process. The
procedures shall provide for department peer review and judgment as the
operative step.
4.
The procedures shall be consistent with board policy and state and federal laws
with respect to nondiscriminatory and affirmative action recruitment.
The faculty of each institution, after consultation with appropriate students and with
the approval of the chancellor, shall develop rules relating to faculty appointments.
Each person to whom an appointment is offered must receive an appointment letter
in which an authorized official of the institution details the terms and conditions of
the appointment, including but not limited to, duration of the appointment, salary,
starting date, ending date, general position responsibilities, probation, tenure status,
and crediting of prior service. Accompanying this letter shall be an attachment
detailing institutional and system rules and procedures relating to faculty
appointments. If the appointment is subject to the advance approval of the board, a
statement to this effect must be included in the letter.
Each person to whom an appointment is offered must receive an appointment letter
in which an authorized official of the institution details the terms and conditions of
the appointment, including but not limited to, duration of the appointment, salary,
starting date, ending date, general position responsibilities, probation, tenure status,
and crediting of prior service. Accompanying this letter shall be an attachment
detailing institutional and system rules and procedures relating to faculty
appointments. If the appointment is subject to the advance approval of the board, a
statement to this effect must be included in the letter.
It is the policy of UW-Stout that, in order to teach any courses at UW-Stout, the
faculty member must meet the following criteria:
1.
2.
Have a terminal degree relevant to the content they are teaching, OR
Have a Master’s degree relevant to the content they are teaching and a
learning plan for achieving a terminal degree.
In instances where these criteria are not met, there is an exception process to hire a
person as faculty if they meet the following criteria for equivalent experience:
•
Having a Master’s degree plus five years of professional experience
relevant to the content they are teaching, including tested/documented
experience and advancement or recognition in the field. Evidence should
include peer-reviewed publications, documented recognition of scholarly
activity and/or in-depth knowledge specific to the field of study.
The exception process to hire a faculty member under these criteria happens at the
point of hire. The ES forms will include a question asking if an exception is being
requested that will be completed by the department chair. When the Provost and
Dean(s) sign off on the paperwork, as part of the regular recruitment process, this
will also serve as the approval for the exception. Documentation of the review is
maintained on the ES form and within personnel files maintained by the college.
Note: These rules do not apply to graduate assistants, as they never have full
responsibility for a course and are always under the direct supervision of faculty.
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Faculty assigned to teach graduate level courses meet HLC guideline B.2 Faculty
Roles and Qualifications. In instances where these criteria are not met, there is an
exception process to assign faculty or instructional academic staff to teach graduate
level courses if they meet the following criteria for equivalent experience:
•
Have a degree equivalent to the level they are teaching at, plus 5 years of
professional experience relevant to the content they are teaching, including
tested/documented experience and advancement or recognition in the field.
Evidence should include peer-reviewed publications, documented
recognition of scholarly activity and/or in-depth knowledge specific to the
field of study
The exception process to assign a faculty member to teach a graduate level course
happens at the point of workload assignment. The workload worksheets prepared by
budget managers and completed by department chairs will include a column for
requesting an exception. In these cases, the department chair will also attach an
evaluation of the instructor explaining why he or she merits an exception. When the
Dean signs off on the workload assignments, as part of the regular workload process,
this will also serve as approval for the exception.
Procedures for
Determining Rank at
Hire
(Approved 9/28/83-Faculty Senate)
Assistant Professor
The following guidelines should be used in determining rank for new faculty:
A person may be hired at the rank of assistant professor if he/she has the following
qualifications:
1.
A terminal degree relevant to the content they are teaching and evidence of
excellence, OR
2.
A Master’s degree relevant to the content they are teaching and evidence of
excellence and a learning plan for achieving a terminal degree.
In instances where these criteria are not met, there is an exception process to hire a
person as faculty if they meet the following criteria for equivalent experience:
•
Associate Professor
A Master’s degree plus five years of professional experience relevant to the
content they are teaching, including tested/documented experience and
advancement or recognition in the field.
A person may be hired at the rank of associate professor if he/she has the following
qualifications:
•
•
•
•
A master's degree plus two full years of graduate work and at least ten years of
teaching experience and/or relevant work experience.
OR
A master's degree plus the completion of all requirements of an earned doctor's
degree except the required dissertation,
AND
At least seven years of teaching experience and/or relevant work experience.
OR
An earned doctor's degree,
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•
Professor
A person hired as a professor should be a person of unusually high ability who has
distinguished himself/herself in his/her field; and has proven expertise or has
shown exceptional achievement. Such a person may be hired at the rank of
professor if he/she has the following qualifications:
•
▪
Probationary
Appointments
(UWS 3.04(1),
3/1/94)
(Revisions/updates approved
February 2005-Board of Regents)
AND
At least five years of teaching and/or relevant work experience showing
evidence of excellence.
An earned doctor's degree, or MFA,
AND
At least ten years of teaching and/or relevant work experience showing
evidence of excellence, with four years of this experience consisting of
teaching and/or work experience at the college or university level.
Each institution's rules for faculty appointments shall provide for a maximum
seven-year probationary period in a full-time position, and may provide for a
longer maximum probationary period in a part-time position of at least half-time.
Such rules may permit appointments with shortened probationary periods or
appointments to tenure without a probationary period. Provision shall be made for
the appropriate counting of prior service at other institutions and at the institution.
Tenure is not acquired solely because of years of service.
▪
(UWS 3.04(2),
3/1/94)
A leave of absence, sabbatical or a teacher improvement assignment does not
constitute a break in continuous service but shall not be included in the seven-year
period under sub. (1).
(UWS 3.04(3),
3/1/94)
Circumstances in addition to those identified under sub. (2) that do not constitute a
break in continuous service and that shall not be included in the seven-year period
include responsibilities with respect to childbirth or adoption, significant
responsibilities with respect to elder or dependent care obligations, disability or
chronic illness, or circumstances beyond the control of the faculty member, when
those circumstances significantly impeded the faculty member's progress toward
achieving tenure. It shall be presumed that a request made under this section
because of responsibilities with respect to childbirth or adoption shall be approved.
A request shall be made before a tenure review commences under s. UWS
3.06(1)(c). A request for additional time because of responsibilities with respect to
childbirth or adoption shall be initiated in writing by the probationary faculty
member concerned and shall be submitted to a designated administrative officer
who shall be authorized to grant a request and who shall specify the length of time
for which the request is granted. Except for a request because of responsibilities
with respect to childbirth or adoption, a request made because of other
circumstances under this section shall be submitted to a designated administrative
officer who shall be authorized to grant a request in accordance with institutional
policies. A denial of a request shall be in writing and shall be based upon clear
and convincing reasons. More than one request may be granted because of
responsibilities with respect to childbirth or adoption. More than one request may
be granted to a probationary faculty member but the total, aggregate length of time
of all requests, except for a request because of responsibilities with respect to
childbirth or adoption, granted to one probationary faculty member ordinarily shall
be no more than one year. Each institution shall develop procedures for reviewing
the requests.
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(UWS 3.04(4),
3/1/94)
If any faculty member has been in probationary status for more than seven years
because of one or more of the reasons set forth in sub. (2) or (3), the faculty member
shall be evaluated as if he or she had been on probationary status for seven years.
Example: A faculty member has been on probationary status for a total of nine years
because the faculty member was granted two requests under sub. (3) for one-year
extensions because of the birth of two children. The faculty member's teaching,
research and professional and public service and contribution to the institution shall
be evaluated as if the faculty member had only seven years to work towards
achieving tenure, rather than as if the faculty member had been working towards
achieving tenure for nine years.
(UW-Stout 3.04)
All faculty appointments of one-half time or more, other than tenured appointments,
shall be probationary appointments.
The maximum length of a probationary appointment is seven years for a UW-Stout
faculty member whose appointment is one-half time or more. Any shortening of the
probationary period or counting of prior service within the institution and/or at other
institutions shall be accomplished only through the following procedure:
1.
For initial appointments:
a. A written request explaining the reason(s) for altering the customary
probationary period shall be provided by the chairperson of the department
or functional equivalent in which the individual is to be located. This
request must be based upon the recommendation of the personnel
committee of the department or its functional equivalent.
b. The written request shall be forwarded by the department chair to the dean
for a recommendation and then forwarded to the provost.
c. The provost will make a recommendation on the request and forward it to
the chancellor.
d. Within ten business days after receiving the request, the chancellor shall
make a recommendation and notify the department.
2.
For changes in length of probationary period after hiring:
a. A written request explaining the reason(s) for altering the customary
probationary period shall be provided by the chairperson of the department
or functional equivalent in which the individual is located. This request
must be based upon the recommendation of the personnel committee of the
department or its functional equivalent.
b. The written request shall be forwarded by the department chair to the dean
for a recommendation and then forwarded to the provost.
c. The provost will make a recommendation on the request and forward it to
the chancellor.
d.
Within ten business days after receiving the request, the chancellor shall
make a decision and notify the individual and the department.
Faculty Workload
Policy - Excerpts
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(Approved-3/11/94, Board of
Regents)
Background
Institutions of the university of Wisconsin system share a primary goal: to provide
excellent education for our students. Achieving this goal depends on the discovery,
creation, integration, transmission, and application of knowledge, as faculty teach,
conduct research, and perform academic, clinical and public service, and outreach
and extension activities.
The particular components of the educational workload assigned to any individual
faculty member vary with the nature of the individual's program, discipline and
position, as well as with the mission of the institution at which that faculty member
serves. Differences among the educational assignments of individual faculty reflect
different modes of teaching, levels of students and courses taught, number of
preparations, program accreditation standards, administrative and other special
assignments, research, extension, and/or public service assignments; all of these are
necessary to achieving educational excellence.
Many educational activities occur off the public stage -- not only in classrooms, but
in private studies to prepare for classes and evaluate student work, in offices for
individual student tutorials and advising, on campus in extracurricular discussion,
over the circuits of interactive distance technology, in laboratories and archives, in
conference rooms doing collaborative work on educational policy assessment, on
farms and in hearing rooms and board rooms providing expertise to agriculture, K-12
schools, government and business.
The university of Wisconsin recognizes the need to tell our stakeholders about the
faculty's educational activities and what they achieve. In keeping with the
recommendations of the Governor's Accountability Task Force, we also recognize a
particular responsibility to continually strive to improve the involvement of faculty
in undergraduate education and to document that involvement.
Discussion and
Recommendations
The full range of faculty involvement in education cannot be adequately documented
by a single measure. Since educational quality derives from a complex mix of
factors, it is important to describe faculty work not only in quantitative, but in
qualitative ways, to explain its interactive dimensions, to recognize and encourage
emerging new approaches to instruction that can help students learn better, and to
value faculty roles in discovering, creating, integrating, transmitting, and applying
knowledge. To that end, the university of Wisconsin system will provide both
quantitative and qualitative information about faculty activities and
accomplishments.
Policy
The University of Wisconsin System Faculty Educational Workload Policy
recognizes the full array of educational responsibilities assigned to faculty, as well as
reasonable variation among institutions with differing missions and programs. It
also responds to recent concerns regarding: (1) involvement of faculty with
undergraduate education, (2) regular oversight by the board of regents of educational
workload trends, (3) variations of educational workload among institutions with
similar missions, and (4) documentation of the full range of faculty activities.
Thus, the goals of the UW System Educational Workload Policy are to:
1.
Maintain and enhance faculty contributions to quality educational experience
for our students;
2.
Provide the board of regents with regular managerial information regarding
educational workload;
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3.
Effect greater consistency in faculty educational workload among institutions
with similar missions;
4.
Document non-classroom elements of faculty educational workload; and
5.
Take into account budgetary implications when considering the balance of
faculty responsibilities.
It is, therefore the policy of the UW system that:
UW institutions shall regularly assess the quality of student educational experience
through a variety of documentable processes (which may include but are not limited
to student surveys, program reviews, and assessment activities.)
UW institutions shall enhance faculty involvement in undergraduate education
consistent with quality, costs and mission requirements. Enhancement shall include
both quantitative and qualitative improvements in undergraduate educational
experience.
Each UW institution shall maintain a written workload policy that specifies the
criteria upon which units (e.g., schools, colleges, departments, programs) distribute
to individuals the instructional, research, and service components of faculty
educational workload.
UW institutions, together with UW system administration, will gather, maintain, and
monitor data on the activities and accomplishments that comprise the instructional,
research, and service components of faculty educational workload.
The UW system and individual UW institutions shall provide in their annual
accountability reports data on faculty educational workload, including both
quantitative and qualitative information, and shall report on other dimensions of
faculty educational activities and accomplishments as appropriate.
For complete text of UW System Faculty Educational Workload Policy document
contact the office of the provost.
(UW-Stout)
(Approved 5/19/94-Chancellor)
(Rev. Faculty Senate 2/14/17;
Approved Chancellor 2/21/17)
The following policies have been developed to address UW System request for "a
written policy that specifies the criteria upon which units (e.g. schools, colleges,
departments, programs) distribute to individuals the instructional, research, and
service components of faculty educational workload."
Instructional, full-time faculty at UW-Stout contribute to student learning through
their efforts in the areas of teaching, scholarly activity, and service as defined by
UW-Stout 85-40, "Definition of Teaching, Research and Service," found earlier in
Chapter 3 of this handbook.
It is recognized that criteria used for establishing individual faculty workloads will
continue to be affected by professional considerations specific to individual
disciplines represented by faculty members. It is also recognized that excellence at
the university will be enhanced by continuing to allow individual faculty members
and administration to use professional judgment in maintaining flexibility of
schedule and in scheduling non-classroom related activities.
The purpose of this document is to clarify workload expectations for instructional
faculty by defining general guidelines for teaching, scholarly activity/research, and
service expectations on and off campus. The policy intends to reinforce the concept
that quality instruction and related student contact activities are of primary
importance to this university. The policy also reinforces the concept that scholarly
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activity/research and professional service are necessary components to a healthy
academic community, and that faculty workload must reflect opportunity for faculty
in each of these areas.
The following are specific objectives of UW-Stout Faculty Workload Policy:
1.
Establish an equitable (fairness, impartiality, and justice) system to ensure
balance between faculty workloads associated with teaching, research and
university/professional service within departments, schools and the university.
2.
Insure adequate faculty contact with students.
3.
Maintain overall faculty/university productivity.
4.
Allow individual faculty flexibility in regard to faculty workload issues.
5.
Clarify expectations of faculty in regard to faculty workload issues between
faculty and administration.
6.
Allow for school and department autonomy in the decision making process in
regard to faculty workload issues.
7.
Address concerns of tax payers, legislators, and the board of regents about
faculty workload.
The faculty workload distribution at UW-Stout is based upon the following
criteria/guidelines. Guidelines for implementation of the policy are appended.
1.
Faculty members are professional total effort employees who work on
university related activities in the areas of instruction, scholarly activities,
professional service/development and academic advisement. As required by the
state, a 40 hour work week is designated for purposes of reporting sick leave.
2.
Full time teaching faculty members are expected to be available a minimum
average of 20 designated hours per week in activities resulting in direct contact
with students. (This would include the assigned credits of instruction. Example:
12 credits of instruction plus 8 office-hours per week.) Faculty who teach online courses as part of regular load would designate/include direct contact hours
via online time as well.)
3.
In general, the full-time academic year instructional workload is 24 credits
(including any reassigned time) for faculty. No faculty should be required to
teach more than 24 credits per academic year.
Faculty instructional workload may be determined on a points basis* for those
areas where contact hours do not match credit hours. When workload is
determined based on points, departments and deans need to ensure that these
arrangement are financially sustainable based on class size and other factors.
In general, the points system is not intended to reduce loads for faculty by more
than two, three-credit courses per individual for the academic year, when
compared with the general full-time workload of 24 credits for faculty. An
exception to the workload based on contact hours and student credit hours must
be approved by the dean.
*In the points System, a full time instructional load for faculty is 48 points for
the year. No faculty should be required to teach more than equivalent of 48
points per academic year.
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Courses taught are allocated 1 point per credit, plus 1 point per hour of
instruction. Online courses are allocated 2 points per credit hour. Reassigned
time is allocated 2 points per credit hour.
4.
In addition to activities resulting in direct contact with students, instructional
faculty members shall engage in other instructional activities such as:
class/laboratory preparation, grading, text book review and selection,
professional development, and curriculum and program review/development.
The amount of time each faculty member devotes to these instructional related
activities directly affects the amount of time available for scholarly
activity/research and service.
5.
Each faculty member is expected to be actively involved in some
scholarly/research activity/ies each academic year.
6.
Each faculty member is expected to be actively involved in professional service
each academic year.
NOTE: According to existing policy, each faculty member is required to document
non-classroom activities associated with sections #5 and #6 listed above. Each
faculty member is required to submit this documentation to his/her immediate
supervisor by the end of the faculty member's contractual year.
Periodic Review
(UWS 3.05, 2/1/75)
(Revisions/updates approved
9/21/04-Faculty Senate; Approved
10/13/04-Chancellor; Approved
February 2005-Board of Regents)
The faculty and chancellor of each institution, after consultation with the appropriate
students, shall establish rules providing for periodic review of faculty performance.
(UW-Stout 3.05)
The performance of all faculty members will be reviewed periodically in terms of job
descriptions. Specific procedures will be designed by the faculty subject to the
approval of the chancellor.
Definition of
Meritorious
Performance for
Faculty(Approved 5/20/93-
Quality of performance as one functions in a job may be viewed as a continuum
which ranges from less than adequate performance to meritorious performance.
MERITORIOUS PERFORMANCE IS FUNCTIONING WITHIN ONE'S JOB
DESCRIPTION IN AN EXEMPLARY, PRAISEWORTHY MANNER. It is a
quality of performance which is desirable to reinforce and which would be perceived
by supervisors, peers, colleagues, and publics served as outstanding, exceptional, or
excellent.
Faculty Senate,
Approved 11/15/93-Chancellor)
Meritorious performance is measured in objective as well as subjective ways that
stem from assessment techniques such as observations, mental reactions, evaluation
instruments, discussions, feedback, and written materials.
The following are essential concepts and elements necessary to judge meritorious
performance.
1.
Job descriptions defined by the university and refined by departments and units
within the university (colleges/school, etc.), supervisors, faculty members, and
other appropriate personnel are essential. The job description must include
functional responsibilities and performance expectations relative to those
functions. The job descriptions must show a basis of commonality for similar
positions, yet they must be refineable for specific personnel and specific
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positions. Functions within each job description should be viewed in their
relationship to teaching, research and service.
Evaluation Policy
Introduction
2.
Meritorious performance must be achievable within one's position description.
3.
Meritorious performance must be attainable for each individual member,
regardless of how other members have been judged in their roles.
4.
Meritorious performance is reinforceable not only in a monetary way. It also
can be rewarded through oral and written recognition, special assignments,
provision for personal growth, etc.
5.
The basis for performance evaluation will be the "definition of meritorious
performance" in regards to (1) the degree of accomplishment of the faculty
member's individual performance objectives and (2) overall performance in
relationship to professional expectations as listed in the faculty member's job
description.
Periodically, the university must make certain personnel decisions, such as merit,
promotion, reappointment and tenure. Separate procedures are used in making each,
and several factors affect the decisions made for each individual. However, one
piece of information is essential in all: "What is the quality of the performance of
the individual?"
Another major purpose of performance evaluation is to aid the person in improving
his/her performance. Feedback from others contributes to an individual faculty
member’s performance improvement which is summarized by the person's
supervisor.
Responsibility of
Department Chairs,
Deans and Division
Administrators
The responsibility for assessing performance rests with one’s immediate supervisor
with input from the person’s peers, colleagues, students, publics served, and other
supervisory/administrative personnel.
Each dean is charged with organizing faculty members under his/her supervision to
develop a system which will provide appropriate data for evaluating the performance
of each person. The system(s) may be different for the various sub-units.
Each division administrator is charged with organizing faculty members under
his/her direct supervision to develop a system which will provide appropriate data
for evaluating the performance of the persons who report to him/her.
University administration (university; division; college/school; department/unit) is
charged with providing faculty members by the specified time with a copy of both
short term (1-2 year future plan period) and intermediate term (3-5 year future plan
period) goals/thrusts.
•
•
•
University Short/Intermediate Term Goals/Thrusts Deadline: January 1
College/School Short/Intermediate Term Goals/Thrusts Deadline: February 15
Department Short/Intermediate Term Goals/Thrusts Deadline: April 1
Faculty members are expected to be directly involved in the development of
goals/thrusts of the university, division, college/school and department level.
The office of human resources management and the division administrators are
charged with providing training for persons within the university, college/school, and
departments who are responsible for determining compensation for others, including
faculty who participate in peer review evaluations. The training will include
information on how to conduct performance appraisals and compensation reviews.
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Newly Hired
Probationary Faculty
Principles to be
Followed Performance
Objectives/Review
All Probationary
Faculty Principles to
be Followed –
Performance
Objectives/Review
1.
Newly hired probationary faculty must write and submit performance
objectives within 30 calendar days from the starting date of their initial
contract.
2.
Newly hired probationary faculty’s immediate supervisor will review his/her
performance objectives within 15 calendar days of receipt of performance
objectives. The immediate supervisor will schedule a performance objective
review meeting with the faculty member within 60 calendar days of the starting
date of their initial contract to appraise him/her of strengths and/or weaknesses
of those objectives.
1.
Each probationary faculty member will be responsible for developing his/her
individual performance objectives in collaboration with the immediate
supervisor and submitting them to his/her immediate supervisor in writing by
the last contractual day in May. For probationary faculty, this is done on an
annual basis.
2.
The faculty member's performance objectives should be developed and written
so as to give a clear understanding of how and on what basis his/her supervisor
will judge performance at his/her next evaluation review period. Since
performance objectives may be accomplished over a longer time span than the
performance evaluation period, it may be necessary to evaluate the partial
completion of the performance objective at the faculty member's performance
review meeting.
3.
Performance objectives for probationary faculty will give appropriate weight to
the importance of teaching within the tripartite faculty members' responsibilities
of teaching, research, and service. In addition, performance objectives for
faculty members in the area of academic advising, when assigned, should also
be specified.
4.
Performance objectives should include expectations for any or all of the
following key activity areas including their alignment with university,
college/school, and departmental goals and objectives:
(Revised 3/11/15-Faculty Senate;
Approved 3/19/15-Chancellor)
•
•
•
•
•
Individual-based activities
Department/unit-based activities
College/School-based activities (including program director)
University-based activities
Other collaborative activities
5.
Between the last contractual day in May and first contractual day in August, the
immediate supervisor and his/her supervisor will review the performance
objectives of faculty members within the department/unit. If the immediate
supervisor or his/her supervisor finds the performance objectives of any faculty
member inadequate, then during the two contractual weeks in August, the
immediate supervisor will review the performance objectives with that faculty
member and apprise him/her of the weaknesses of those objectives. Final
approval of performance objectives will occur by September 20.
6.
At least one interim meeting to discuss progress and to possibly revise
objectives will take place between the immediate supervisor and the faculty
member.
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7.
The faculty member's immediate supervisor will explain to the faculty member
that his/her performance rating and compensation will be based upon the
satisfactory accomplishment of those agreed upon performance objectives.
8.
Records of performance objectives will be kept for seven years and faculty will
receive copies.
Administration Individual
Performance
Objectives/Review for
Probationary Faculty
Each faculty member's immediate supervisor is responsible for reviewing the faculty
member's performance objectives between the last contractual day in May and first
contractual day in August. Meetings will be conducted with each faculty member to
review whether or not the faculty member's performance objectives and progress are
acceptable or unacceptable within the first two contractual weeks in August. Final
approval of performance objectives will occur by September 20.
Principles to be
Followed Performance
Evaluations/Review
for Probationary
Faculty
1.
The basis for performance evaluation will be the "definition of meritorious
performance" in regards to (1) the degree of accomplishment of the faculty
member's individual performance objectives and (2) overall performance in
relationship to professional expectations as listed in the faculty member's job
description.
The definition of meritorious performance requires the need for job descriptions
for each person. No particular format is specified for use in all units. The type
and extensiveness will be determined by each unit, but should be consistent
within a department.
2.
A broad view of the responsibilities of faculty members should be taken. This
includes teaching, research and service, and/or administration as deemed
appropriate to the type of faculty appointment.
Various kinds of data, from sources who are in a position to know of the
person's performance, will be used for making evaluation. Examples are peer
ratings, classroom peer observations, supervisor's ratings, records of
research/scholarship and service activities, student ratings, and input by users of
services. For instructional faculty, student ratings must be considered when
evaluating each individual.
Departments/units, with the approval of their immediate supervisor and dean,
may design reasonable approaches for collecting data. However, there should
be some data from all types of appropriate sources.
An integral part of the evaluation should include an assessment of progress
towards tenure. That assessment must be done at least annually.
Probationary Faculty
Members
3.
It is expected that there will be at least an annual performance evaluation of
each probationary faculty member.
4.
Performance evaluation reviews should be conducted at a performance
objective review meeting between the individual's immediate supervisor (i.e.,
department chair, dean, peer group, etc.) and the faculty member.
1. Major emphasis should be placed upon performance objectives and their
degree of completion as opposed to past merit ratings when considering
performance over time.
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Performance
Objectives
Administration of
Evaluations Performance
Evaluations/Review
2. Each probationary faculty member's immediate supervisor will review and
evaluate (last contractual day in May – first contractual day in August) the
faculty member's performance and assign a performance rating. The
supervisor will also give feedback on progress towards tenure (see tenure
policies for details). In addition, the faculty member's immediate supervisor
will review with his/her supervisor the faculty member's performance and
performance rating. The probationary faculty's immediate supervisor will
conduct a performance objective review meeting (during the first two
contractual weeks in August) with the faculty member to review his/her
performance and assigned rating over the past evaluation period. Final
approval of performance objectives will occur by September 20.
1.
Where a split assignment gives a person two immediate supervisors, each will
make an evaluation. In the event of different ratings by each supervisor, the
provost will decide the final rating. Where a faculty member is on leave of
absence and has been on leave throughout the annual or other evaluation period,
then no performance evaluation will be conducted. Instead a leave of absence
rating will be assigned by human resources (see number 6 of this section).
2.
Each evaluation, including data on which the rating was based, will be reviewed
by the next higher level supervisor. If the rating is confirmed at this level, there
will generally be no further review.
3.
Support data, on which the rating is assigned, will be retained by the department
chairperson for a seven-year period.
4.
The University of Wisconsin-Stout summary of performance evaluation form,
distributed by the human resources office to deans, will be used to report
evaluations to that office. Each person evaluated will be asked to sign the form
in recognition of the fact that he/she has seen the rating.
5.
The faculty member's immediate supervisor will be responsible for assigning
the faculty member a performance rating. In relation to the accepted definition
of meritorious performance and the uses to be made of the ratings assigned, the
following three ratings will be used:
(Approved 12/10/96-Faculty
Senate; Approved 2/19/97Chancellor)
a. Meritorious Performance (above): Performance is judged to be above
expectations acceptable to the position.
b. Adequate Performance (within): Performance is judged within expectations
acceptable for this position.
c. Inadequate Performance (below): Performance is judged below
expectations acceptable for this position.
The faculty member's immediate supervisor will be responsible for meeting
with their immediate supervisor to review the faculty member's performance
and assigned performance rating.
No percentages of each rating are specified, either by unit or for the total
university. The attempt is to produce a valid assessment of each faculty
member's performance.
To simplify the process and to provide consistency of approach, it may be well
to assume the following point of view: In using data to determine a
performance rating, the supervisor should look for exceptional aspects of
performance (either good or poor). If the data do not contain evidence of such,
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it may be assumed that the person is performing within an acceptable range for
his/her position.
6.
Where a faculty member is on leave of absence and has been on leave
throughout the annual evaluation period, then a leave of absence rating will be
assigned by the human resources office based on the actual performance ratings
of the person from their previous three annual evaluation periods, as follows: If
all three performance ratings are the same, that rating will be assigned during
the leave of absence period. If one of the three ratings is different, the rating
Adequate Performance ("within") will be used. In the event only two
evaluations were made prior to the leave, and each of these two evaluations
assigned the same rating, that rating will be used; if the two differ, the higher of
the two ratings will be used. If only one evaluation was made, the performance
rating from that evaluation will be used. If no previous evaluation has occurred,
then the rating Adequate Performance ("within") will be used.
7.
Probationary faculty members' evaluations must be in the human resources
office within fifteen (15) calendar days upon receipt by the provost of the
faculty member's performance rating from the dean.
Thus, the following schedule applies:
a. The immediate supervisor rating assigned to probationary faculty given to
dean within fifteen (15) calendar days after the performance objective
review meeting.
b. Dean's/director's review and approval of probationary faculty member’s
performance (within 15 calendar days from receipt from unit/department
supervisor), will be forwarded to the human resources office within fifteen
(15) calendar days of receipt of probationary faculty’s performance rating.
The role of the provost is to review the individual faculty member's
performance ratings to determine: (1) that faculty member has been
evaluated fairly and (2) that there has been a proper performance rating
assigned in relationship to faculty in other units/schools.
In the event that a performance rating is evaluated as improper by the
provost, he/she will notify (in writing) the affected faculty member as to the
change. In addition, the rationale used in reaching the decision will be
provided in writing.
Performance
Evaluation Appeals
Process
(Approved Faculty Senate
12/13/16; Approved Chancellor
12/19/16)
1.
2.
3.
4.
Faculty member is able to appeal department chair performance evaluation to
the dean. Include a check box on form stating “I wish to appeal this decision to
the next highest level.”
Faculty member is able to appeal dean’s evaluation decision to faculty senate
subcommittee.
To appeal dean’s decision, faculty member must contact chair of faculty senate.
Faculty senate chair forms a committee of 5 tenured faculty senators. Members
who have a conflict of interest should recuse themselves from serving on the
committee.
Faculty member will submit the following documentation to the committee:
a.
b.
c.
d.
e.
Chapter 3B: Personnel Rules for Faculty
Job description,
Performance objectives for the evaluation period,
The departmental definition of research
Departmental bylaws related to performance evaluations
Documentation provided to the department performance evaluation
committee
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f.
g.
Performance memo from chair and/or dean
A letter of appeal outlining faculty member’s disagreement with evaluation
Faculty member can appear before subcommittee to provide additional
information. To insure this process is non-confrontational the dean and/or
department chair will not be involved in the appeal process.
5.
6.
UW-Stout PostTenure Review Policy
The committee must respond to the appellant within 30 days with their decision
to uphold or overturn the performance evaluation rating. The committee’s
decision must be based on the definition of meritorious performance as outlined
in FASLAH (UWS 3.05).
The committee’s recommendation is sent to the provost on whether or not the
committee decided to recommend that the provost uphold or overturn the
performance evaluation of the faculty member.
Scope
(Approved Faculty Senate 2/14/17;
Approved Chancellor 2/16/17)
This policy applies to tenured faculty members at UW-Stout and is to be
implemented Starting Fall 2017.
Definitions:
FASLAH: UW Stout Faculty, Academic Staff and Limited Appointees Handbook.
In this document, the definitions of teaching, research and service are as per
FASLAH, Chapter IIIA: “Personnel Rules for All Unclassified Personnel.” (See
Page 60 of the current edition.)
Purpose
UW-Stout is committed to providing support for the professional development of all
faculty members at any time in their careers.
The purposes of the review of tenured faculty are:
a. to recognize achievement;
b. to help identify and remedy, from a developmental point of view, any
deficiencies and to provide opportunities for mentoring and professional
development.
The process of post-tenure review is the periodic assessment of each faculty
member’s activities and performance, in accordance with the mission of the
department, college, and institution, and the responsibilities of the faculty as
described in FASLAH. The review is to be appropriately linked to the merit process.
Post-tenure review is not a reevaluation of tenure and is not undertaken for the
purposes of discipline or dismissal. Faculty members shall be subject to dismissal
only for just cause. Departments, schools, colleges and the university may not use
post-tenure reviews as the basis for budgetary decisions or for program modification
or redirection.
Policy Statement
(Regent Policy
Document 20-9)
Tenure is an essential part of the guarantee of academic freedom that is necessary for
university-based intellectual life to flourish. The grant of indeterminate tenure to
faculty members represents an enormous investment of university and societal
resources, and those who receive this investment do so only after rigorous review
which established that their scholarship, research, teaching, and service met the
highest standards and are congruent with the needs of the university.
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It is the policy of the Board of Regents that a periodic, post-tenure review of tenured
faculty members is essential to promoting faculty development, including
recognizing innovation and creativity; enhancing the educational environment for
students; and identifying and redressing deficiencies in overall performance of duties
through a supportive and developmental remediation process.
Nothing in this policy shall be interpreted to alter or to infringe upon existing tenure
rights, as set forth in UW System Board of Regents or UW System policies, nor shall
this policy diminish the important guarantees of academic freedom. Specifically, this
policy does not supersede administrative rules providing for termination for cause set
forth in Chapter UWS 4 of the Wisconsin Administrative Code.
Post-Tenure Review
Process
CRITERIA
The post-tenure review period begins in the academic year following the granting of
tenure. The review may be deferred, only with the approval of the provost, for
unusual circumstances such as when it may coincide with an approved leave,
promotion review, or other appointment. In such cases, the provost will specify
the new review cycle that applies to the faculty member. The periodic, posttenure review may substitute for the annual review in the year a faculty member is
scheduled for post-tenure review, with the consent of the faculty member.
The basic standard for review shall be whether the faculty member under review
performs conscientiously and with professional competence the duties appropriately
associated with the faculty member’s position, as stated in the job description and the
post-tenure professional development plan. These duties encompass teaching,
scholarly activity and service.
Each department shall develop criteria to measure progress in scholarly activity as
appropriate to the field(s). The criteria for review shall be periodically reviewed by
the personnel committee of each department. Each department must make these
criteria available to each faculty member being reviewed, and the criteria document
must be included with the written summary of the post- tenure review, filed by the
reviewers.
The criteria for review should reflect the overall mission of the department, college, and
institution, be sufficiently flexible to accommodate faculty members with
differing responsibilities, and recognize that careers and levels of productivity may
change over time. In developing such criteria, departments may draw on statements
used in other faculty review procedures, such as merit or promotion review. The
criteria must take into account that UW Stout is an institution primarily oriented
toward teaching, and the research/scholarship/service expectations must be
appropriately scaled to reflect the teaching load of UW Stout faculty. Special care
should be taken to ensure that the scholarly productivity of jointly appointed and
interdisciplinary faculty members is appropriately evaluated.
The personnel committee of each department shall ensure that the criteria governing
faculty review do not infringe on the accepted standards of academic freedom of
faculty, including the freedom to pursue novel, unpopular, or unfashionable lines of
inquiry, or innovative methods of teaching, and recognize that scholarly projects
take varying amounts of time to come to fruition.
Nothing in the criteria or application of these policies shall allow the review to be
prejudiced by factors proscribed by applicable state or federal law, such as race,
color, religion, creed, marital status, sex, sexual orientation, ethnicity, age, and
disability.
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PROCEDURES
Reviews shall occur once every five years or earlier if requested by the faculty
member reviewed. These post-tenure reviews may be incorporated into the annual
merit review.
Notice of the intent to review should be provided at least three months before
the review is conducted. However, failure to meet this notice deadline does not
obviate the requirement to conduct and participate in the review. Each review, as
determined by each department's personnel committee, shall be carried out by
three or more tenured faculty members at the same rank or above as the faculty
reviewed, who may be drawn from outside the department if there are not sufficient
members in the department to serve on the committee. There must be an odd number,
not an even number, of reviewers. If the faculty member under review formally
objects to one reviewer, the chair, in consultation with the relevant dean, shall
identify another appropriate reviewer. Such formal objections should be kept
confidential to the extent permissible by law. In the case of a faculty member with
appointments in more than one department, the tenured faculty members of the
departments shall jointly conduct the review.
Each review must be conducted in accordance with the criteria developed by the
department, as required by the section “Criteria” above. Review procedures shall
include:
a.
b.
c.
d.
A review of qualitative and quantitative evidence of the faculty member's
performance over at least the previous five-year period. The evidence
should include a current curriculum vita, annual activity reports, teaching
evaluations or summaries of evaluations, and other materials providing
evidence of the faculty member's accomplishments and contributions that
the department or the faculty member feel are relevant to the review. The
faculty member should provide the reviewers with a brief summary of career
plans for the future. Letters from outside the university would not
ordinarily be a part of the review process. The faculty member under
review, however, may submit appropriate letters if she or he so chooses. The
reviewers shall examine materials to the degree needed to accomplish the
purposes of this review.
Discussion with the faculty member about her or his contributions to the
profession, the department, and the university if either the reviewers or the
faculty member so desire.
Appropriate consideration of a faculty member’s contributions outside the
department to interdisciplinary and other programs, governance, and
administration.
Other steps the reviewers consider useful in making a fair and informed
judgment, including, but not limited to consultation with individuals who
have knowledge of faculty member’s work.
The reviewers will identify one of the following categories reflecting the overall
results of the review. In determining the category, the review will consider whether
the faculty member under review has conscientiously and with professional
competence performed the duties appropriately associated with the faculty member’s
position, as stated in the job description and the faculty member’s post-tenure
professional development plan. A rating of does not meet expectations is to be given
only if a majority of the committee members find the faculty member to have not
met her/his expectations.
Meets Expectations. This category is awarded to those tenured faculty members
whose performance reflects the expected level of accomplishment.
Does not meet expectations. This category is awarded to those tenured faculty
members whose performance reflects a level of accomplishment below the expected
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level and which requires correction. All reviews resulting in “does not meet
expectations,” unless overturned upon further review, will result in a remediation
plan as described below.
The reviewers shall provide the faculty member with a written summary of the
review by the last business day in January. The faculty member shall have the right
to prepare a written response to the summary within 30 days after receipt.
In the event a review leads to a rating of “meets expectations,” the Chancellor
shall review the report. In the course of the review, the Chancellor may consult
and seek input from the faculty reviewers and any other tenured faculty as
appropriate. Following the Chancellor’s review, the faculty member shall be
informed by the Chancellor that the faculty member has received a result of “meets
expectations” or “does not meet expectations.” If the Chancellor assigns a “does not
meet expectations rating”, the Chancellor must provide a carefully considered written
explanation of why such a rating was assigned, including specific evidence of deficiencies
in the areas of teaching, scholarly activity, o r service. As required by Regent
Policy Document 20-9, the deficiencies at issue must be described in writing and
in detail (as part of the summary) whenever a “does not meet expectations” result
is given. If a “does not meet expectations” rating is assigned by the Chancellor a
remediation plan will be developed.
In the event the Chancellor assigns a rating of “meets expectations” a copy of the
summary and any written response to it shall be given to the department chair,
dean, as applicable, and the Provost and shall be placed in the personnel file of the
faculty member. The department shall also preserve in the faculty member's
personnel file all documents that played a substantive role in the review (other than
documents such as publications that are readily accessible elsewhere), and a
record of any action taken as a result of the review. The summary and outcome of the
review shall remain confidential, that is, confined to the appropriate
departmental, college, or university persons or bodies and the faculty member
being evaluated, released otherwise only at the discretion, or with the explicit
consent of, the faculty member, or as otherwise required by law.
Faculty members who receive a review in the category of “meets expectations”
should be considered for additional base compensation, subject to the availability of
resources.
In the event the initial review by the faculty committee leads to a rating of “does
not meet expectations,” the Dean shall review the committee’s report. As required
by Regent Policy Document 20-9, the deficiencies at issue must be described in
writing and in detail (as part of the report) whenever a “does not meet expectations”
result is given. The faculty member may provide a written statement to accompany
the Dean’s review. In the course of her or his review, the Dean should consult and
seek input from tenured faculty members in the College or another College of
UW Stout if there is a cognate discipline. The Dean’s review will be followed by
the chancellor’s review, no sooner than 30 days after the Dean’s review. The
faculty member may provide a written statement to accompany the Chancellor’s
review. In the course of her or his review, the Chancellor may consult and seek input
from tenured faculty. Following the chancellor’s review, the faculty member shall be
informed by the chancellor that the faculty member has received a result of “meets
expectations” or that a “does not meet expectations” rating was assigned and a
remediation plan will be developed.
For faculty members needing to develop a remediation plan, support from
institutional resources for professional development shall be proffered. The
department chair and the faculty member, in consultation with the dean, shall
develop a written plan for mentoring and professional development to address all
the deficiencies identified in the review. This plan shall be the product of mutual
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discussion between the faculty member, the department chair(s) and dean(s),
shall respect academic freedom and professional self-direction, and shall be
flexible enough to allow for multiple paths for success. Such a plan could
include review and adjustment of the faculty member’s responsibilities,
development of a new program for scholarly activity/research engagement, or
teaching strategy, referral to campus resources, assignment of a mentoring
committee, institution of mandatory annual reviews for a specified period, written
performance expectations, and/or other elements. The faculty member shall have
the right to provide a written response regarding the manner in which any written
development plan is formulated, the plan’s content, and any resulting evaluation,
including metrics to be used. The written response will accompany the plan as a
permanent appendix.
The remediation plan should clearly indicate a deadline (not to exceed three
academic semesters starting the Fall subsequent to the development of remediation
plan) by which time all elements of the plan must be satisfied. The plan shall
include a description of what constitutes satisfactory completion of each element.
In those few remediation plans related to a performance shortfall in research where
more than three academic semesters may be necessary to correct identified
deficiencies, an extension of one academic semester shall be permitted only with
the approval of the Chancellor, which shall trigger a notification of that extension to
the UW System Administration Vice President for Academic and Student Affairs.
The remediation plan should indicate that 1) a progress meeting will be scheduled
with the Dean, the chair and the faculty member approximately one semester
into the plan to help determine progress and identify additional improvement
resources that may aid the faculty member and 2) that a final remediation follow-up
meeting will occur between the Dean, the chair, and the faculty member after the
deadline, but before the start of the next academic semester, and not to exceed 30
calendar days past the deadline (e.g., if three semesters, limited to 18 months in
total are provided, within 30 calendar days of the close of the 3rd semester ). At the
meeting, the Dean will consult with the chair and the faculty member about the
evidence indicating that the faculty member has met or not met the obligations
of the remediation plan. The Dean may request evidence from the department,
the faculty member, and/or other sources prior to the meeting.
The remediation plan should indicate the actions to be taken for failing to satisfy the
remediation plan by the deadline. Consequences can range from informal actions
such as workload assignments, to disciplinary measures. In extremely egregious
situations, dismissal for cause under the category of “non-performance of duties”
shall be a possible sanction, provided that the policies in FASLAH are followed,
including the procedures of the termination of employment committee.
Meeting the expectations of the remediation plan is defined as satisfying all the
elements of the remediation plan. The dean, in consultation with the chancellor and
the faculty member, makes the determination whether the elements of the plan have
been successfully completed. The remediation follow-up meeting will result in a
letter from the Dean to the faculty member and the Chancellor (with a copy to the
department Chair, the Provost, and HR) indicating that the faculty member has
1.
2.
Met the conditions of the remediation plan, with a statement stating that the
next formal post-tenure review by the department will occur 5 years from the
date of the review that triggered the remediation plan.
OR
Not met the conditions of the remediation plan. If the remediation plan has not
been met, the letter will include information regarding the potential sanctions or
disciplinary procedures.
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The standard for dismissal remains that of just cause as outlined in FASLAH.
The fact of successive negative reviews does not diminish the obligation of the
institution to show such cause in a separate forum, following the procedures
outlined in FASLAH. Records from post-tenure review may be relied upon and are
admissible, but are rebuttable as to accuracy. The administration bears the ultimate
burden of proof on the issue of just cause for dismissal.
The faculty member retains all protections guaranteed in FASLAH, including, but
not limited to, the rights to appeal specified above and the right to appeal
disciplinary and dismissal action to the Positive Action Committee as described in
FASLAH.
ACCOUNTABILITY
Copies of the departmental criteria and procedures for reviews of tenured faculty
shall be filed with the appropriate dean, the provost, and the secretary of the faculty.
At the beginning of each academic year, the chair shall identify faculty to be
reviewed by the end of that year. In consultation with the Faculty Senate, the
Provost’s Office will develop a yearly timeline for the review and plan
development (if needed).
Departments shall maintain a record of reviews completed, including the names of all
reviewers.
If a department fails to conduct requisite reviews by the specified deadline, the dean
shall appoint reviewers to conduct reviews based on the department’s specified
criteria.
The periodic review of each department, in which the department’s mission,
personnel, and development are now evaluation, shall include review of the process
for review of tenured faculty in the department.
A full, written record is to be created containing the results of a faculty member’s
periodic, post- tenure review and any ensuing actions, as described above. The
written record is to be provided to the dean and chancellor. Information and
documentation relating to the review shall be maintained by the appropriate
department, college or school, or university personnel or bodies, and disclosed
otherwise only at the discretion, or with the explicit consent, of the faculty member,
unless required by business necessity or by law.
Department chairs are required to report annually to the dean and chancellor that all
periodic, post- tenure reviews for tenured faculty in that annual cycle have been
completed. The chancellor has responsibility for ensuring the reviews are completed
on schedule.
The reviews conducted and remediation plans developed in accordance with this
policy are not subject to the grievance process set forth in Chapter UWS 6.02, Wis.
Admin. Code.
Promotion Policies
and Procedures
Faculty members are hired at a given rank in terms of their qualifications at that
time. They may proceed to higher ranks through a procedure that involves
(Approved 5/19/92-Faculty Senate)
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(Approved 6/24/92-Chancellor)
(Rev. 4/30/96-Faculty Senate)
(Approved 8/21/96-Chancellor)
(Rev. 5/11/99-Faculty Senate;
Approved 6/28/99-Chancellor)
(Rev. 5/9/00-Faculty Senate;
Approved 7/5/00-Chancellor)
judgments and recommendations by various groups of colleagues following faculty
established criteria.
Definition of
Promotion
Promotion is a recognition given to a faculty member by colleagues for excellence in
professional achievements, contributions, and services, with the expectation that the
promoted individual will continue to make contributions worthy of emulation by
his/her colleagues. Some of the fundamental assumptions in influencing promotion
deliberations are:
This statement consists of: (1) Definition of Promotion, (2) Policy Statements, (3)
Procedures, (4) Criteria for Promotion, and (5) Time Tables.
1.
Academic rank is one of the means the university community uses to indicate its
respect and esteem for the faculty member. Faculty members are those who
hold the rank of professor, associate professor, or assistant professor in
academic departments or their functional equivalent.
2.
Promotion of a faculty member to a higher rank is one of the university's ways
of demonstrating its assessment of meritorious performance of the individual.
Criteria are used to determine which individuals will be promoted. The actual
performance and contribution of the individual to the profession and to the
university must be given significant consideration. Other criteria must also be
given significant consideration in the determination of candidates for
promotion. Among them are the traditional criteria of experience and
educational preparation. Exception to these latter criteria should be
increasingly more difficult to receive as higher ranks are considered.
3.
Exceptions to the traditional criteria of experience and educational preparation
should be rare:
a. Educational preparation codes set base criteria for an individual's
knowledge in their field of endeavor. An individual who applies as an
exception to educational preparation must demonstrate established
excellence in performance. Additionally, that person must establish
that he/she possesses at minimum the knowledge, scholarship and
experience in his/her academic field which is expected by excellent
faculty meeting the educational preparation code for that rank.
b. Time in rank criteria allows for evaluation and demonstration of the
potential for sustained excellence in performance. An individual who
applies as an exception to time in rank must demonstrate established
excellence in performance that is above and beyond that expected of a
person who meets the minimum time in rank requirement.
Additionally, that person must establish that he/she has accomplished
in fewer years that which is expected to be accomplished by excellent
faculty with full time in rank.
4.
Every profession has the responsibility for setting its standards of competency
and performance. It is the responsibility of the faculty at large to recognize and
reward its members for their exceptional contributions to the university through
promotion in academic rank.
5.
Those persons who work closest with an applicant in fulfilling or meeting the
same or similar goals have the greatest potential expertise to recognize
excellence in their peers. Therefore, the identification of faculty members for
promotion to the higher rank is the responsibility of the peers at the level one
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committee. It is understood that recommendations for promotion must go
through the appropriate promotion committees to the chancellor.
Promotion: Policy
Statements
(Rev. 5/11/99-Faculty Senate;
Approved 6/29/99-Chancellor)
(Rev. 5/9/00-Faculty Senate;
Approved 7/5/00-Chancellor)
(Rev. 10/14/08-Faculty Senate:
Approved 11/24/08-Chancellor)
The following statements establish the general policies to be followed in applying
the criteria through the established procedures. They are meant to establish the tone
of the actions and aid in making interpretations and rendering judgments.
1.
Initiation of action on an individual promotion is by application of the faculty
member, though others may encourage individuals to apply.
2.
The promotion procedures involve professional judgments made in terms of
promotion criteria. At each level where faculty action is called for, a faculty
approved procedure will be used to make judgments on individuals for
promotion. The person's application and attachments will provide the data to be
used in making decisions. Following each step in the process, all data and
ratings will be forwarded to the next level with the exception that an application
not recommended for promotion will be returned to the applicant and not
proceed further in the process. At the conclusion of each step, to provide
maximum information for subsequent decisions, applicants will be informed of
the action taken and given the opportunity to indicate if they think their
qualifications were misinterpreted or an improper decision was made.
3.
Various combinations of educational preparation and relevant work experience
are described as important qualifications for each rank. The acquisition of such
qualifications does not automatically lead to promotion, however.
4.
The fundamental criteria for promotion are excellence of performance within
the job description, contributions to the total university, and participation as a
contributing member of the profession.
5.
Outstanding and extensive service to the university and/or the profession may
be used in highly unusual cases in lieu of part of the academic education
recommended for promotion.
6.
Extensive experience, within the five and seven year limits for teaching, service
and scholarships, relevant to the faculty member's assignment may be
considered for promotion, and it may be used in highly unusual cases in lieu
of part of the academic education recommended. This may be teaching or
non-teaching experience.
7.
The designation of academic achievement and relevant experience as criteria for
the various faculty ranks is not intended to be arbitrary. Rather, it is a reflection
of the belief that relevant experience and the attainment of advanced levels of
education can and will facilitate more effective performance for faculty
members in their assignments and in their contributions to the university and
their professions.
8.
Promotion by exception is highly unusual.
9.
The faculty's recommendations for promotion, made through a series of
committees, will be forwarded to the chancellor, who is responsible for the
university's final recommendation to the system president. A copy of the action
taken will be forwarded to the chair of the committee at the preceding level. In
addition, decisions which are at variance with faculty recommendations at the
all-university level will be explained in writing.
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Promotion:
Procedures
(Rev. 5/15/14-Faculty Senate;
Approved 5/21/14-Chancellor)
Promotion: Making
Application
(Rev. 5/11/99-Faculty Senate;
Approved 6/29/99-Chancellor)
(Rev. 5/9/00-Faculty Senate;
Approved 7/5/00-Chancellor)
(Rev. 5/15/03-Faculty Senate;
Approved 5/15/03-Chancellor)
(Rev. 4/15/03-Faculty Senate;
Approved 5/28/03-Chancellor)
(Rev. 4/29/03-Faculty Senate;
Approved 5/28/03-Chancellor)
(Rev. 1/30/07-Faculty Senate:
Approved 2/14/07-Chancellor)
(Rev. 2/11/2014)
The following statements of procedure will guide the process of
promotion to full professor, and to those applying for promotion to
associate professor either (a) by exception or (b) by choosing to
“grandfather in” if and only if their contract began on or before August
25, 2014. For those whose contract began after August 25, 2014, anyone
choosing to apply for promotion by exception would go through the Full
Professor. Any questions on interpretation should be referred to the
provost.
1.
Any faculty member wishing to apply for promotion will obtain an “application
for promotion” from the human resources office or faculty senate office.
Accompanying the application form will be a “summary of promotion action.”
An application must be filed with the Level 1 committee chair, including faculty
with split appointments.
2.
When filling out the "application for promotion" and supplying additional
information other than that asked for on the form, the faculty member must
comply with the following guidelines:
a. An original and eight copies of the application and supporting statements
will be submitted.
b. All information must be accurate and consistent with the faculty member's
appointment to the university.
c. The educational preparation code must be the applicant's code as of the date
of application. Check with department chair for accurate code.
d. Describe additional graduate work since your last degree and/or other
pertinent educational experiences.
e. The years of experience in educational institutions are those which have
been accumulated at the time of application by the faculty member since
coming to UW-Stout (excluding the year at the time of application), and
those for which the faculty member was officially credited with when
originally appointed to the faculty. Leaves of absence, without pay, do not
count toward years of experience at UW-Stout. Summer school and
mini-session assignments do not count as fractions of academic years.
Experience as a graduate assistant or teaching assistant while working
toward a degree will not count as years of experience on the theory that this
is credited as educational preparation or was credited as experience at the
time of the faculty member's appointment to the university.
The human resources office will send to each department chair an official
printout for that department and to the office of the provost for all
departments. If a discrepancy exists between the information contained in
the printout and that on the application, the application will be returned by
the chair to the applicant, and it will be the responsibility of the applicant to
go to the director of human resources for clarification and his/her signature.
f.
The reported years of related work experience should be described
sufficiently well that reviewers of the application can recognize the
relationship of the experiences to the applicant's current role as a faculty
member. Related work experience should be specified to the nearest half
calendar year, and may not be claimed in any year during which the person
claims full-time teaching. For other experiences, see (i) below.
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g. When members of the faculty who do not possess the educational
preparation code for the next higher rank file applications for
promotion, they are expected in their applications to indicate how their
relevant experience and/or contribution to the university and/or their
profession is/are sufficiently extensive to merit the judgment that it is
an adequate substitution for whatever formal deficit they may have.
The person must establish that he/she possesses at minimum the
knowledge and experience in his/her academic field, which is expected
by excellent faculty meeting the educational preparation code for that
rank. See number 5 and 6 above under Policy Statements. Since there
is probably no single measure of performance that is appropriate to all
faculty members, it is suggested that such statements should
specifically describe the performance of the applicant in relation to the
group of faculty members with equivalent rank who a) hold similar
positions and assignments in the university, b) have the necessary
educational and/or experiential qualifications for the next higher rank,
and c) hold the next higher rank. See numbers 5 and 6 above under
Policy Statements.
h. When members of the faculty who do not fulfill the time in rank
requirement for the next higher rank file applications for promotion, they
are expected in their application to indicate how their relevant experience
and/or contribution to the university and/or their profession is/are
sufficiently extensive to merit the judgment that it is an adequate
substitution for whatever formal deficit they may have. Since there is
perhaps no single measure of performance that is appropriate to all faculty
members, it is suggested that such statements should specifically describe
the performance of the applicant in relation to the group of faculty
members with equivalent rank who; a) hold similar positions and
assignment in the university, b) have the necessary experiential
qualifications for the next higher rank, and c) hold the next higher rank.
Time in rank criteria allows for evaluation and demonstration of the
potential for sustained excellence in performance. An individual who
applies as an exception to time in rank must demonstrate established
excellence in performance that is above and beyond that expected of a
person who meets the minimum time in rank requirement. Additionally,
that person must establish that he/she has accomplished in fewer years that
which is expected to be accomplished by excellent faculty with full time in
rank.
i.
The performance ratings for the most recent years will be listed. A person
who has been on leave during that period, may choose to use the next most
recent rating in place of the one given during the leave year.
j.
Each applicant is encouraged to submit a statement in support of his/her
application. This statement MAY BE NO MORE THAN FIVE
TYPEWRITTEN PAGES ON ONE SIDE. The application will not be
processed if this guideline is not followed. The statement may include, but
is not limited to, descriptions of course or program development; extensive
revisions of teaching materials or methods; service on university
committees; leadership in professional organizations; writing, speaking, or
research in the applicant's field of work; work experience since coming to
UW-Stout such as consulting; occupationally related experience during
non-contractual periods; sabbatical projects; the development of new
programs and methods to serve students or the university; departmental
leadership activities. The information supplied must describe only activities
during the preceding five years for faculty members employed at UW-Stout
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during that interval. Applicants currently on leave or who have been on
leave during any of the preceding five years may supply information
pertinent to their last five years of active employment in the university.
Publications during the last seven years will be acceptable. While activities
from the last five years are considered most important, persons applying for
promotion to FULL PROFESSOR may include significant activities from
earlier years. All activities and publications should be dated at least by
year. It is important that any activities such as publications, etc., that are "in
process" be labeled as such and the dates they will be completed so they are
not confused with applicant's completed works.
Applicants should try to represent their qualifications for promotion as
extensively and accurately as the limits of the promotion form and five
typewritten attached pages will permit. Further, the narrative should
describe (as necessary) the relevance and significance of the applicant's
activities.
k. Applicants ON LEAVE, who wish to be notified of the times for committee
meetings and committee recommendations, must leave an address or
telephone number with their department administrator and indicate on the
front of the application the department administrator's office as the location
to receive notifications.
Promotion: The
Selection Process
(Rev. 5/11/99-Faculty Senate;
Approved 6/29/99-Chancellor)
The process for choosing persons to be promoted consists of successive
recommendations made by two levels of faculty committees to the chancellor, who is
responsible for the final university recommendation for promotion. The levels of
faculty committees are:
LEVEL I
Department or functional equivalent
LEVEL II
All-university by rank
a. Professor
b. Associate Professor
In keeping with specified procedures, each committee at each level will make its
recommendations and forward them, along with the applications of those
recommended plus previous committees' actions, to the appropriate next level
committee through the administrator facilitating the next level committee. (Level III
committees forward to chancellor) See Election of Promotion Committees, above,
paragraph 3. Any application "not recommended at this time" is returned to the
applicant by the committee chairperson.
Acting upon the all-university committee's recommendations, the chancellor, in
consultation with the division administrators and academic deans, will select the
persons to be recommended by the university to the president of the UW system.
The chancellor will consult with the all-university committee in cases where he has
questions about the basis for their action. In any case where the chancellor's
recommendation is at variance with that of the all-university committee, he will state
his reasons in writing to the faculty member involved, the chairperson of the
appropriate all-university committee, and the chairperson of the faculty senate.
Election of Promotion
Committees
(Rev. 2/25/97-Faculty Senate;
Approved 3/5/97-Chancellor)
1.
Because promotion is a process which applies exclusively to faculty, only
faculty members will determine unit procedures, or vote for or be eligible to
serve on promotion committees.
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(Rev. 5/11/99-Facultry Senate;
Approved 6/29/99-Chancellor)
(Rev. 12/11/12-Faculty Senate;
Approved 1/9/13-Chancellor)
(Rev. 4/4/17-Faculty Senate;
Approved 4/19/17-Chancellor)
2.
There are two levels of faculty promotion committees:
LEVEL I
Department or functional equivalent level
a. Professor
b. Associate Professor
LEVEL II
All-university levels
a. Professor
b. Associate Professor
3.
The appropriate administrator at Levels I (department chair) and II (provost),
will serve as the facilitator of the committee and carry out the following:
a. See that the committee members are selected in a timely and proper fashion
in keeping with the policies and procedures of the university;
b. Schedule the committee for its organizational meeting at which a secretary
and chair will be selected;
c. See that copies of the promotion applications are available to the committee
members.
d. Serve as a resource person to the committee at the committee's request; and
e. See that the committee's report is forwarded to the next level in a timely
fashion and that information required is contained.
4.
All candidates for promotion are ineligible to be members of a promotion
committee.
5.
Standing personnel committees may continue to serve in departments and
functional equivalents which have such committees to deal with promotions, but
the university's policy on membership and procedures applies.
6.
University of Wisconsin-Stout promotion procedures and policies take
precedence over departmental or functional equivalent promotion policies.
7.
University level committees are elected each fall before the department elections
are held in order to minimize duplication on promotion committees at other
levels. No individual will serve on an all-university promotion committee, at the
same rank, for consecutive years.
8.
Level I promotion committees will have a minimum of three members. Faculty
should not serve on both the Level I promotion committees (Associate Professor
and Professor). However, with smaller departments this may not be possible.
9.
Faculty serving as chair or vice-chair on one committee may not serve as chair
or vice-chair of another committee.
10. The professor committee is selected by a vote of all professors and all associate
professors. The associate professor committee is selected by a vote of all
associate professors and all assistant professors.
There are nine members on each university level committee chosen to give
broad representation to the various areas. Three members will be elected from
each college.
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11. To be eligible for election to a Level 1 or Level II Professor or Associate
Professor Promotion Committee, the faculty member must have completed at
least three years as a faculty member at UW-Stout and hold at least the rank of
the committee for which they are serving.
12. Human Resources will provide each college with a list of faculty at the rank of
associate professor and above within that college. If a department does not have
the appropriately ranked faculty to serve on promotion committees, then the
college will provide that department chair with a list of faculty within the
college who hold the rank of associate professor or above. From that list, the
department chair will select the most applicable faculty person to serve on the
Level 1 promotion committee. Faculty serving on a Level 1 promotion
committee should not be serving on multiple Level 1 promotion committees or
on both the Level 1 and Level II promotion committees.
Promotion: Conduct 1.
of Committee Meeting
(Revised Approved 11/26/96Faculty Senate)
(Approved 1/8/97-Chancellor)
(Revised 2/11/2014)
Applicants for promotion may not serve on any committee acting on their own
promotion. Should a member of a standing committee be an applicant, the
committee will designate an eligible substitute.
2.
Alternates for committee members may be named, but they will not attend
committee meetings unless they are substituting for absent persons. In such
cases, they will be regular voting members.
3.
University of Wisconsin-Stout promotion procedures and policies take
precedence over departmental, college, or functional equivalent promotion
policies.
4.
The promotion application is the candidate's personal representation of his/her
contribution to the university. As such, no attachments or alternatives would be
permitted once the applicant submitted an application for promotion. Any
additional information of support or non-support is to be returned to the sender,
if known, and disregarded. This covers all levels of promotion.
5.
At least 24 hours in advance, each promotion committee will announce to
applicants a schedule which states when applications will be considered. Any
applicant wishing to appear before the committee will inform the committee
chairperson of his/her wish to do so. The departmental committee shall be
charged with not processing any application unless all questions prior to the
applicant's signature on the "application for promotion" are completed.
6.
Applicants who choose to appear before the committee are not to make
comparisons with other applicants, nor are they free to introduce new subjects
not contained in their original application. This is also a time for the committee
to clarify with the applicant any questions they have about information
contained in the application.
7.
At the meeting, when all applicants who wish to appear have done so, the
committee may go into executive session to discuss the applicants and decide
on recommendations. Any applicant who is determined to be unqualified for
promotion should not be recommended even if there are no other applicants at
that rank.
8.
After the committee's decision is made, the chairperson will prepare a report
which includes the following:
a. The recommendations made on all applicants; and
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b. A description of the procedures used to arrive at the decisions made.
The committee will submit with its positive recommendation on promotion, a
rationale for that decision. The committee will submit with its positive
recommendation on promotion, a rationale for that decision, citing the areas of
teaching, research, service and advisement.
9.
To facilitate work at the next level, the chairperson will also provide a brief
summary of the committee’s decisions (a) and a brief description of the
procedures used to arrive at the decisions made (b) to the next level committee.
10. This report will be sent to the next level, to each applicant being considered, and
to the human resources office. If an applicant is not recommended for
promotion to the next level committee, the chairperson of the committee must
provide an evidence-based written rationale for the decision to the applicant in a
timely fashion.
11. Level I and II committees will assess applicants based upon promotion criteria.
The recommendations to be made at each level will be:
a. Recommended for promotion at this time.
b. Not recommended for promotion at this time.
12. The committee chairperson will complete and sign the "summary of promotion
action" for each applicant and forward it along with the application and all
appropriate data to the facilitator at the next level and a copy of the committee's
procedures and recommendations will be sent to the chair of the committee at
the preceding level, to the human resources office, and to the facilitating
administrator at the current level of action, and the applicant. If an applicant is
recommended for promotion to the next level committee, the chairperson of the
committee must provide an evidence-based written rationale for the decision.
13. All applications will be forwarded with the exception of any rated "not
recommended for promotion at this time." Applications which have been "not
recommended at this time" will be returned to the applicant by the committee
chairperson with the “summary of promotion action”. If an applicant is not
recommended for promotion to the next level committee, the chairperson of the
committee must provide an evidence-based written rationale for the decision to
the applicant in a timely fashion. Non-recommended applicants who wish
consideration at a succeeding level must follow the procedure for appeals under
Applicant's Response to Recommendations (Appeals) below.
14. Committees at all levels, but especially at Level I, need to give equal
consideration to persons who are on a split assignment.
15. Applicants who are on leave or who are going on leave are eligible for
consideration for promotion.
Promotion: Special
Note on Split
Assignments
1.
Definition of split assignment
Reassigned time from traditional classroom teaching responsibilities, in any
percentage. The split appointment percentage is a tool used by HR to determine
payroll accounts. It is not necessarily related to the definition of instructional
service.
2.
Faculty with split assignments applying for promotion, tenure or sabbatical will
file a single application as if they had no reassigned time. The application will
(Revised 2/11/2014)
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go to the Level 1 promotion committee of the academic unit in which the faculty
line exists. Their Level 1 committee will be drawn from the promotion
committee of the academic unit with one or more representatives from the other
appointment(s), as determined by the Level 1 committee chair, in consultation
with supervisors for each appointment, retaining a larger percentage of faculty
on the committee.
Promotion:
Applicant's Response
to Recommendations
(Appeals)
1.
Following the recommendation made at any level, applicants wishing to
appeal may do so by sending an "appeal memo" to the committee
chairperson at the next level (or chancellor, if appealing an all-university
committee recommendation) explaining the reason(s) they find the
recommendation improper. A copy shall also be sent to the level which
made the recommendation.
2.
Such statements must be received at the next level by starting date of their
considerations and shall not include any evidence of qualifications which
are not contained in the application. Appeals of promotion decisions must
follow the above process at all levels before consideration can be given
through the positive action procedure. Any promotion committee (or the
chancellor) receiving such an appeal memo is required to respond in writing
to the applicant and to the chair of the preceding level committee describing
its disposition of the appeal.
3.
The “Summary of Promotion Action” and the letter outlining the reasons for
‘do not recommend’ will be included with the application, along with the
appeal memo from the applicant.
4.
This appeal packet will be considered by the committee at the same time
that the applications that have been recommended for promotion are
considered, using the same process. The committee may not see the
appealed application, or discuss the situation, unless they are convened to
examine the entire pool of applications. There may not be a special meeting
to consider only appealed applications.
5.
The role of the Chair in this appeals process is to receive the memo of
appeal, ensure that the Letter of “do not recommend” and the memo of
appeal are distributed with the application under appeal, and ensure that the
appealed application is examined with the applications recommended for
promotion, and only with the applications recommended for promotion.
6.
The chair of the committee will note any dates and times that the appealed
application was discussed in front of the committee.
7.
It is the responsibility of the committee receiving the appeal to assess
whether the application under appeal meets or exceeds the quality of the
applications recommended for promotion.
8.
In the event that the appealed application meets or exceeds what the
committee determine and the application moves into the pool of
applications recommended for promotion at the next level. Both the
promotion summary containing the “do not recommend” action and the
appeal memo will be disassociated from the application, and the application
will move forward to the next level committee with the other recommended
applications. The application will be treated like a regular application from
this point forward.
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9.
Any promotion committee (or the Chancellor) receiving such an appeal
memo is required to respond in writing to the applicant and to the chair of
the preceding level committee describing its disposition of the appeal.
10. Appeals of promotion decisions must follow the above process at all levels
before consideration can be given through the positive action procedure.
Promotion:
Informing Applicants
of Final Action
The chancellor will inform each candidate whose application has reached this level
whether or not he/she is being recommended for promotion. Because system action
comes several months later, this is not final action. As soon as the board of regents
acts, each person promoted will be informed of the official promotion by letter from
the chancellor.
Promotion: Criteria
For Promotion
The following criteria will be used in recommending applicants. Reference to the
policy statements will aid use and interpretation.
Promotion:
Professional
Performance
1.
Excellence of performance must be judged present in all persons recommended
for promotion. Carrying out professional duties as detailed in the applicant's
job description, service to the university community through committees and
university organizations, and contributions to the profession are of primary
importance in judging professional performance. UW-Stout's performance
appraisal system is designed to provide annual appraisals of each person's
performance by his/her supervisor.
Promotion:
Educational
Preparation and
Experience
2.
The following combinations of education and experience are described for each
rank. (A description of the educational preparation codes is found under
Educational Preparation Code.)
(Revised Approved 11/26/96Faculty Senate)
(Approved 1/8/97-Chancellor)
(Rev. 5/11/99-Faculty Senate;
Approved 6/29/99-Chancellor)
(Revised Approved 3/8/2016 –
Faculty Senate; Approved
4/25/2016 – Chancellor)
a. Associate Professor
A person may be promoted to the rank of associate professor if he/she has
the following qualifications:
•
•
•
•
Educational preparation code 2; three years completed at the rank of
assistant professor at UW-Stout at the time of application;
AND
At least six years of teaching and/or relevant work experience
OR
Educational preparation code 1; three years completed at the rank of
assistant professor at UW-Stout at the time of application;
AND
At least five years of teaching and/or relevant work experience.
b. Professor
A person may be promoted to the rank of professor if he/she has the
following qualifications:
•
Chapter 3B: Personnel Rules for Faculty
Educational preparation code 1; or MFA; AND
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•
•
At least ten years of teaching and/or relevant work experience, and four
years completed at the rank of associate professor at UW-Stout at the
time of application;
While activities from the last five years are considered most important,
persons applying for promotion to FULL PROFESSOR may include
significant activities from earlier years.
Promotion:
Affirmative Action
3.
Promotion:
Timetable
The specific timetable for each year will be announced early in the fall. The
intention is that the department (Level I) and college (Level II) committees will
complete their work during the second quarter, and the all-university committee
(Level III) and the chancellor will complete their work during the third quarter.
Promotion: Combined
Promotion to
Associate Professor
and Tenure Process
This section applies only to faculty going up for promotion after August 25, 2014.
As a general rule, faculty appointed at the Assistant Professor level are promoted to
Associate Professor simultaneously with the granting of tenure. Assistant professors
who are employed by UW-Stout but not yet tenured as of August 25, 2014 can
choose to either (a) apply simultaneously for tenure and promotion to Associate
Professor according to the procedures described below or (b) apply for promotion to
Associate Professor prior to the tenure decision according to the procedures indicated
in the previous section.
1. Faculty members will be promoted to the rank of Associate Professor at the
time tenure is approved by the Board of Regents, or as soon as possible
thereafter providing that they meet the appropriate degree, time in rank, and
experience criteria.
2. Faculty members whose tenure is approved but who do not meet the degree,
time in rank, and experience criteria for Associate Professor at the time
tenure was approved will be granted tenure.
3. Faculty members whose tenure is approved but who do not meet the degree,
time in rank, and experience criteria for Associate Professor at the time
tenure was approved will be promoted to that rank as soon as possible after
they meet those criteria.
4. For subsections (1) and (2), immediately above, the process for
implementing these promotions shall be by administrative action of the
Office of the Chancellor.
5. Early promotion to Associate Professor (prior to tenure) is an option only
by exception, as prescribed in Chapter 3B.
6. Individuals cannot apply separately for promotion to Associate Professor
during the academic year of their tenure decision.
7. Candidates should carefully review the criteria for both tenure and
promotion since the information submitted for tenure consideration also
serves as the material under review for promotion to Associate Professor.
8. Prior to its review of the tenure and promotion application, the initial level
of review will ascertain whether the candidate has satisfied the degree, time
in rank, and experience for promotion to Associate Professor.
9. All simultaneous tenure and promotion applications will be reviewed,
considered, and appealed through the regular renewal process, as
prescribed in Chapter 3B.
(Approved 5/15/14-Faculty Senate,
Approved 5/21/14-Chancellor)
UW-Stout is committed to affirmative action in all procedures, including
promotions. The same criteria will be applied to all faculty members in judging
promotions; when there are equal qualifications on the specified criteria,
women/minorities will be given preference if affirmative action is needed in the
particular area. Questions regarding affirmative action or requests for
assistance should be directed to the human resources office.
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10. The effective date for all promotions will be the time of formal approval by
the Board of Regents of the University of Wisconsin System.
Renewal of
Appointments and
Granting of Tenure
(UWS 3.06, 3/1/94)
(Revisions/updates approved
February 2005-Board of Regents)
General
1.
Appointments may be granted only upon the affirmative recommendation of the
appropriate academic department, or its functional equivalent, and the
chancellor of an institution. When specified by the board, the institutional
recommendation shall be transmitted by the president of the system with his
recommendation to the board for action. Tenure appointments may be granted
to any ranked faculty member who holds or will hold a half-time appointment
or more. The proportion of time provided for in the appointment may not be
diminished or increased without the mutual consent of the faculty member and
the institution, unless the faculty member is dismissed for just cause, pursuant
to 36.13 (5), Stats., or is terminated or laid off pursuant to 36.21, Stats.
Criteria
2.
Decisions relating to renewal of appointments or recommending of tenure shall
be made in accordance with institutional rules and procedures which shall
require an evaluation of teaching, research, and professional and public service
and contribution to the institution. The relative importance of these functions in
the evaluation process shall be decided by departmental, school, college, and
institutional faculties in accordance with the mission and needs of the particular
institution and its component parts. Written criteria for these decisions shall be
developed by the appropriate institutional faculty bodies. Written criteria shall
provide that if any faculty member has been in probationary status for more
than seven years because of one or more of the reasons set forth in UWS
3.04(2) or (3), the faculty member shall be evaluated as if he or she had been in
probationary status for seven years.
Procedures
3.
The faculty and chancellor of each institution, after consultation with
appropriate students, shall establish rules governing the procedures for renewal
or probationary appointments and for recommending tenure. These rules shall
provide for written notice of the departmental review to the faculty member at
least 20 days prior to the date of the departmental review, and an opportunity to
present information on the faculty member's behalf. The probationary faculty
member shall be notified in writing within 20 days after each decision at each
reviewing level. In the event that a decision is made resulting in non-renewal,
the procedures specified in UWS 3.07 shall be followed.
Appointments
1.
Appointments
(UW-Stout 3.06)
(Approved 2/2/93-Faculty Senate,
Approved 7/28/93-Chancellor)
(Approved 9/21/04-Faculty Senate,
Approved 10/13/04-Chancellor)
a. Renewal is an annual process based on evaluation of performance
objectives, as well as excellence in teaching, research, and service. Along
with the evaluation of performance, the renewal process should include
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(Revised 5/10/05-Faculty Senate;
Approved 6/7/05 Chancellor)
(Revised 5/15/14-Faculty Senate;
Approved 5/21/14 Chancellor)
annual feedback from the department personnel committee on progress
towards tenure.
Each academic department must develop a procedure for providing annual
feedback on progress toward tenure in accordance with their departmental
bylaws and the faculty and unclassified staff handbook, particularly
sections UWS 3.06, 3/1/94 and UW-Stout 3.06 2/10/05.
Renewal of probationary appointments may be granted only upon the
affirmative recommendation of the appropriate department or its functional
equivalent and the chancellor of the institution.
b. Tenure appointments may be granted only upon the affirmative
recommendation of either the appropriate department or its functional
equivalent or an ad hoc review committee and the chancellor of the
institution. Promotion to Associate Professor is simultaneous with the
granting of tenure (unless the individual received early promotion or does
not meet appropriate degree, time in rank, or experience criteria). An ad
hoc review committee would be appointed only under both of the following
conditions:
(1) The appropriate department or its functional equivalent recommends
against tenure.
(2) The committee on termination of employment, on appeal, reviews the
negative recommendation of the department or functional equivalent,
finds the negative decision was based to a significant degree on
impermissible factors as defined in UWS 3.08, reports these findings to
the chancellor and appoints an ad hoc review committee who are
knowledgeable or experienced in the probationary faculty member's
academic field or a substantially similar field. The committee on
termination of employment in consultation with the chair of the faculty
senate shall choose the five members of the ad hoc committee.
Members of the ad hoc committee shall be tenured faculty members of
the University of Wisconsin-Stout and/or scholars from outside the
University of Wisconsin-Stout but they shall not be members of the
probationary faculty member's department or functional equivalent.
The ad hoc committee shall base its decision on the credentials of the
tenure candidate, a comparative analysis of the department's (or
functional equivalent's) recent tenure recommendations and the written
criteria used by the department or its functional equivalent to reach its
tenure decision, as provided in this handbook (UW-Stout 3.06(2)). The
committee on termination of employment has 30 days to select the ad
hoc committee. The ad hoc committee has 30 days from receipt of the
materials to submit its recommendation to the chancellor with a copy to
the chair of the committee on termination of employment.
Criteria
2.
Decisions regarding renewal and tenure must involve a performance
evaluation. The criteria for evaluation of performance shall be based upon
performance within the faculty member's specific job assignment.
A person's primary functional responsibility as defined by the job description
shall be the basis for the major portion of the evaluation of the individual's
performance. Other bases for evaluation shall include secondary activities
based upon the individual's job description. Decisions relating to renewal of
appointments and recommendations of tenure shall be made in accordance with
institutional rules and procedures which require an evaluation of teaching,
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research, and service. The relative importance of these functions in the
evaluation process shall be decided by the department, school/college, and
university faculties in accordance with the mission and the needs of UW-Stout
and its component parts. Written criteria for these decisions will be developed
at each level of the appropriate institutional faculty bodies. Neither the faculty
member's department or its functional equivalent nor any ad hoc review
committee may base its recommendation on impermissible factors, as defined in
UWS 3.08.
Procedures
3.
The personnel committee of each department or its functional equivalent shall
develop policies and procedures for determining renewal of probationary
appointments and tenure recommendations. These policies and procedures shall
provide for written notice of the department review to the faculty member at
least 20 days prior to the date of the review and an opportunity for presentation
of information on the faculty member's behalf. The probationary faculty
member will be notified in writing within 20 days after each recommendation at
each reviewing level.
In the event a decision is made resulting in a nonrenewal, the procedures
specified in UWS 3.07 shall be followed.
Explanation and
Process for
Recommendation of
Tenure of Faculty
Member
Before completing the form recommending tenure, persons involved are to
review departmental profiles and departmental, school/unit, university and UW
system regulations regarding the awarding of tenure. UW system regulations
may be found in Chapter IIIB Personnel Rules for Faculty, paragraphs UWS
3.01 (a) and (b), 3.03, 3.04 and 3.06. UW-Stout rules are found under rules
UW-Stout 3.03, 3.04 and 3.06. Whenever a person being recommended for
tenure has a "split" appointment between two or more departments, each
department is to submit a separate form for that portion of the "split" in that
department. Following an affirmative action by the chancellor,
recommendations for tenure are forwarded to the board of regents for their
action, which is final. Tenure is not awarded to any individual until the board
of regents' final approval. Usually this action takes place once a year, in late
spring, as part of the budget action by the board. Following this action, the
initial date at which tenure starts is the July 1st following board action.
However, this is not guaranteed. It is best simply to plan that tenure is assured
only following an affirmative action by the board of regents of the UW system.
Process for
Recommending
Tenure and
Promotion to
Associate Professor
a. The departmental tenure committee reviews all related rules and regulations
before considering individuals for tenure and promotion to Associate
Professor. (See Personnel Committee section for additional information p.
3-1.)
(Revised 5/15/14-Faculty Senate;
Approved 5/21/14 Chancellor)
b. The committee reviews all pertinent information about each individual and
makes a decision concerning the awarding of tenure and promotion to
Associate Professor of each individual involved. If the decision is
affirmative, the department chairperson signs the form and forwards the
form to the chancellor. If the decision is not to award tenure and promotion
to Associate Professor, the committee and department chairperson are to
note the faculty rules concerning action which must then be taken, mainly,
nonrenewal.
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c. The chancellor will review all recommendations for tenure and promotion
to Associate Professor. In this process, the chancellor may consult and seek
input from various persons and offices in the university.
d. The chancellor will forward all accepted recommendations to the board of
regents (via UW system office) for final action. Any recommendations
which are not accepted will be returned to the individual with a statement of
reasons for such rejection, with appropriate notice to others concerned.
e. The board of regents takes final action on all recommendations received,
and notifies the chancellor of such action.
f.
Procedure for
Augmentation of
Tenure Committees
(Approved 4/4/95-Faculty Senate,
Approved 5/25/95-Chancellor)
(Revisions/updates approved
February 2005-Board of Regents)
The chancellor notifies all parties concerned of the action of the board of
regents. The human resources office modifies or makes necessary records
in appropriate files, including the effective date of tenure and promotion to
Associate Professor.
Procedures:
1.
A tenure committee must have a minimum of three members.
2.
When a tenure committee lacks the required number, the department chair
notifies the tenure candidate, the dean of the college, and the provost that
augmentation is necessary.
3.
The augmentation process is to be conducted in a confidential manner.
4.
The department chair and the dean of the college select the two departments
within the college that are most closely related to the tenure candidate's area of
expertise. These department names are submitted to the provost.
5.
The provost screens for conflict of interest by asking each tenured member of
the departments identified in step four to self-identify. Persons with conflict of
interest are eliminated from the process.
6.
The provost randomly selects members from the designated departments to
augment the department committee. This will result in a committee of three.
7.
When a department chair is the tenure candidate, actions in steps two and four
will be undertaken by the tenured faculty in the department and the dean of the
college.
Following these procedures, the process reverts to the normal process.
Nonrenewal of
Probationary
Appointments
(UWS 3.07, 2/1/75)
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Rules and Procedures
1.
The faculty and chancellor of each institution, after consultation with
appropriate students, shall establish rules and procedures for dealing with
instances in which probationary faculty appointments are not renewed. These
rules and procedures shall provide that, upon the timely written request of the
faculty member concerned, the department or administrative officer making the
decision shall, within a reasonable time, give him or her written reasons for
nonrenewal. Such reasons shall become a part of the personnel file of the
individual. Further, the rules and procedures shall provide for reconsideration
of the initial nonrenewal decision upon timely written request.
Reconsideration
2.
The purpose of reconsideration of a nonrenewal decision shall be to provide an
opportunity to a fair and full reconsideration of the nonrenewal decision, and to
insure that all relevant material is considered.
a. Such reconsideration shall be undertaken by the individual or body making
the nonrenewal decision and shall include, but not be limited to, adequate
notice of the time of reconsideration of the decision, an opportunity to
respond to the written reasons and to present any written or oral evidence or
arguments relevant to the decision, and written notification of the decision
resulting from the reconsideration.
b. Reconsideration is not a hearing or an appeal, and shall be non-adversary in
nature.
c. In the event that a reconsideration affirms the nonrenewal decision, the
procedures specified in UWS 3.08 shall be followed.
(UW-Stout 3.07)
Upon written notice of a nonrenewal decision from the provost, a probationary
faculty member may seek explanation and reconsideration according to the following
procedures:
1.
The opportunity is available for the faculty member to seek clarification and
additional information on these procedures from the office of the provost. Time
deadlines mentioned in these rules may be extended by mutual consent of the
faculty member and the university.
2.
Within ten days after receipt of the nonrenewal notice, the faculty member may
submit a written request to the department or functional equivalent or the
administrative officer making the nonrenewal decision for a written statement
of the reasons for nonrenewal. The department or functional equivalent or the
administrative officer shall reply within ten days. Such a request also results in
the stated reasons becoming a part of the personnel file of the individual. In the
absence of such a request, the statement of reasons shall be regarded as
confidential.
3.
Within ten days after receipt of the letter stating reasons, the faculty member
may submit a written request for reconsideration to the department or functional
equivalent or the administrative officer making the nonrenewal decision.
4.
The department or functional equivalent or administrative officer making the
decision shall schedule a meeting for the purpose of allowing the faculty
member to present any written or oral arguments relevant to the decision.
Sufficient notice of the scheduled meeting shall be given to allow the faculty
member to present evidence and arguments. This is an informal meeting, not a
formal appeal or hearing, and shall be limited to the department or functional
equivalent or the administrative officer who makes the decision. The
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department or functional equivalent or administrative officer conducting the
reconsideration meeting shall inform the faculty member of the outcome of the
reconsideration within five business days of the meeting. If the department or
functional equivalent or administrative officer determines a reversal would be
appropriate, then that decision should be forwarded to the provost and
chancellor.
Appeal of a
Nonrenewal Decision
5.
If the original decision is reaffirmed, the faculty member may request, in
writing within 20 days, that the human resources office schedule a formal
appeal through the committee on termination of employment. The appeal
meeting will be held with the all-university committee following the procedures
established in UWS 3.08.
1.
The faculty and chancellor of each institution, after consultation with
appropriate students, shall establish rules and procedures for the appeal of a
nonrenewal decision. Such rules and procedures shall provide for the review of
a nonrenewal decision by an appropriate standing faculty committee upon
written appeal by the faculty member concerned within 20 days of notice that
the reconsideration has affirmed the nonrenewal decision (25 days if notice is
by first class mail and publication). Such review shall be held no later than 20
days after the request, except that this time limit may be enlarged by mutual
consent of the parties, or by order of the review committee. The faculty
member shall be given at least ten days notice of such review. The burden of
proof in such an appeal shall be on the faculty member, 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:
(UWS 3.08, 2/1/75)
a. Conduct, expressions, or beliefs which are constitutionally protected, or
protected by the principles of academic freedom, or
b. Factors proscribed by applicable state or federal law regarding fair
employment practices, or
c. Improper consideration of qualifications for reappointment or renewal. For
purposes of this section, "improper consideration" shall be deemed to have
been given to the qualifications of a faculty member in question if material
prejudice resulted because of any of the following:
(1)
(2)
(3)
The procedures required by rules of the faculty or board 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.
2.
The appeals committee shall report on the validity of the appeal to the body or
official making the nonrenewal decision and to the appropriate dean and the
chancellor.
3.
Such a report may include remedies which may, without limitation because of
enumeration, take the form of a reconsideration by the decision maker, a
reconsideration by the decision maker under instructions from the committee, or
a recommendation to the next higher appointing level. Cases shall be remanded
for reconsideration by the decision maker in all instances unless the appeals
committee specifically finds that such a remand would serve no useful purpose.
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The appeals committee shall retain jurisdiction during the pendency of any
reconsideration. The decision of the chancellor will be final on such matters.
(UW-Stout 3.08, 7/28/93)
(Standing Faculty Committee to
Hear Appeals)
The committee on termination of employment is designated as the standing faculty
committee for the formal review of a nonrenewal decision. It shall be the duty of this
committee to conduct review of nonrenewal decisions according to UWS 3.08.
Procedures for the
Appeal of a NonRenewal Decision
In instances where the committee finds the faculty member's department or
functional equivalent based a negative tenure recommendation to a substantial
degree on impermissible factors according to UWS 3.08 and the committee elects not
to remand the case back to the department or its functional equivalent because it
would serve no useful purpose, the committee shall report its findings to the
chancellor and appoint a five member ad hoc review committee whose members are
knowledgeable or experienced in the probationary faculty member's academic field
or a substantially similar field. Members of the ad hoc committee shall be tenured
faculty members of the University of Wisconsin-Stout and/or scholars from outside
the University of Wisconsin-Stout but they shall not be members of the probationary
faculty member's department or functional equivalent. The ad hoc committee shall
base its decision on the credentials of the tenure candidate, a comparative analysis of
the department's (or functional equivalent's) recent tenure recommendations, and the
written criteria used by the department or its functional equivalent to reach its tenure
decision, as provided in this handbook (UW-Stout 3.06). The ad hoc committee's
decision and rationale shall be sent in writing to the faculty member, the appropriate
department or functional equivalent, the appropriate dean and the chancellor.
The committee on termination of employment has 30 days to select the members of
the ad hoc committee. The chair of the ad hoc committee is to be selected by the
committee on termination of employment in consultation with the chair of the faculty
senate. The ad hoc committee has 30 days from receipt of the materials to submit its
recommendation to the chancellor. The chancellor's office shall send copies of the
ad hoc committee's decision to the faculty member and the department or functional
equivalent and the appropriate dean, in a timely manner.
If the ad hoc committee's decision is a negative recommendation, the faculty member
may request written reasons and reconsideration in accordance with UWS 3.07 and
UW-Stout 3.07 except that the faculty member would present evidence and
arguments in written form to the ad hoc committee rather than in person. A formal
appeal of the ad hoc committee's adverse decision may be made to the committee on
termination of employment in accordance with UWS 3.08. After reviewing the ad
hoc committee's decision, the committee on termination of employment would send
its recommendation to the chancellor with copies to all parties concerned. The
chancellor's decision shall be final.
Standing Faculty
Committee to Hear
Appeals on
Termination of
Employment
The committee on termination of employment is designated as the standing faculty
committee required in sections 3.08, 4.03 and 5.11 of the personnel rules for faculty.
This committee shall be composed of five tenured faculty and five tenured alternates
elected by the faculty senate for two-year terms. The members of the committee are
eligible for reelection.
(Approved-Faculty Senate)
(Approved 9/7/77-Board of
Regents)
It shall be the duty of this committee to conduct review of nonrenewal decisions
according to section 3.08 of the personnel rules for faculty. It also shall be the duty
of the committee to conduct hearings for dismissal cases according to chapter 4.0
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and to hear cases involving layoff and termination for reasons of financial
emergency according to chapter 5.0 of the personnel rules for faculty.
The review of nonrenewal cases is to be conducted in accordance with section 3.08
of the personnel rules for faculty. Since these regulations do not furnish many
details about the actual format of the review, it is necessary to state these details as
follows:
1.
The burden of proof is on the faculty member.
2.
The faculty member may be represented by legal counsel.
3.
The review is closed unless the faculty member requests that it be open.
4.
The review shall be recorded.
5.
A list of persons who might furnish information desired by both the university
and the faculty member should be presented to the committee prior to the
review along with all pertinent information. This information will be provided
to the committee at least three days prior to the review.. The committee will
request in writing that these persons be present at the review. Other persons
may be called at the time of the review by the faculty member, the university, or
the review committee.
6.
Format for the review:
a.
Introduction by the chairperson--the chairperson shall read the statement
which contains the reasons for nonrenewal.
b.
Persons who might present information are not to be sequestered unless the
faculty member makes such a request.
c.
The faculty member or his/her representative will be called on for his/her
presentation.
(1)
(2)
d.
The university has the option of making a presentation.
(1)
(2)
e.
At the conclusion of the presentation by each person, the university's
representative may question that individual.
The committee may question each of the individuals.
The faculty member or his/her representative may question each
person called by the university.
The committee may question that person.
The committee may call any person it desires and question him or her.
(1)
(2)
The faculty member or his/her representative may question these
individuals.
The university may question these individuals.
f.
The faculty member, the university, or the review committee may recall
any person for the purpose of clarification of previous information
presented to the committee.
g.
The faculty member summarizes his/her presentation.
h.
The university summarizes its position.
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Notice Periods
(UWS 3.09, 2/1/75)
Absence of Proper
Notification
(UWS 3.10, 2/1/75)
Limitation of
Appointments
(UWS 3.11, 2/1/75)
A faculty member who is employed on probationary appointment pursuant to 36.13,
Stats., shall be given written notice of his reappointment or nonreappointment for
another academic year in advance of the expiration of the current appointment as
follows:
1.
When the appointment expires at the end of an academic year, not later than
March 1 of the first academic year and not later than December 15 of the second
consecutive academic year of service;
2.
If the initial appointment expires during an academic year, at least three months
prior to its expiration; if a second consecutive appointment terminates during
the academic year, at least six months prior to its expiration;
3.
After two or more years of continuous service at an institution of the university
of Wisconsin system, such notice shall be given at least twelve months before
the expiration of the appointment.
If proper notice is not given in accordance with UWS 3.09 above, the aggrieved
faculty member shall be entitled to a one-year terminal appointment. Such
appointments, however, shall not result in the achievement of tenure.
Tenure and probationary appointments are in a particular institution; a tenure
appointment is limited to the institution in which the appointment is held, unless
another institution has, through normal procedures and explicit agreement,
undertaken to share in the appointment. The explicit agreement shall specify both
the tenure responsibility and the budget responsibility.
PROCEDURES FOR DISMISSAL
Dismissal for Cause
1.
Any faculty member having tenure may be dismissed only by the board and
only for just cause and only after due notice and hearing. Any faculty member
having a probationary appointment may be dismissed prior to the end of his/her
term of appointment only by the board and only for just cause and only after
due notice and hearing. A decision not to renew a probationary appointment or
not to grant tenure does not constitute a dismissal.
2.
A faculty member is entitled to enjoy and exercise all the rights and privileges
of a United States citizen, and the rights and privileges of academic freedom as
they are generally understood in the academic community. 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.
(UWS 4.01, 2/1/75)
(Revisions/updates approved
February 2005-Board of Regents)
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Dismissal:
Responsibility for
Charges
1.
Whenever the chancellor of an institution within the university of Wisconsin
system receives a complaint against a faculty member which he/she deems
substantial and which, if true, might lead to dismissal under section UWS 4.01,
the chancellor shall within a reasonable time initiate an investigation and shall,
prior to reaching a decision on filing charges, offer to discuss the matter
informally with the faculty member. A faculty member may be dismissed only
after receipt of a written statement of specific charges from the chancellor as the
chief administrative officer of the institution and, if a hearing is requested by
the faculty member, in accordance with the provisions of this chapter. If the
faculty member does not request a hearing, action shall proceed along normal
administrative lines but the provisions of sections 4.02, 4.09, and 4.10 shall still
apply.
2.
Any formal statement of specific charges for dismissal sent to a faculty member
shall be accompanied by a statement of the appeal procedures available to the
faculty member.
3.
The statement of charges shall be served personally or by certified mail, return
receipt requested. If such service cannot be made within 20 days, service shall
be accomplished by first class mail and by publication as if the statement of
charges were a summons and the provision of 262.06 (1)(c), Stats. [sic], were
applicable. Such service by mailing and publication shall be effective as of the
first insertion of the notice of statement of charges in the newspaper.
(UWS 4.02, 2/1/75)
Dismissal: Standing
Faculty Committee
(UWS 4.03, 2/1/75)
(Refer to UWS 3.08)
The faculty of each institution shall provide a standing committee charged with
hearing dismissal cases and making recommendations under this chapter. This
standing faculty committee shall operate as the hearing agent for the board pursuant
to 227.12, 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 law and decision to the board according to UWS
4.07.
(UW-Stout 4.03)
This committee will be the standing committee to hear appeals on termination of
employment.
Dismissal: Hearing
If the faculty member requests a hearing within 20 days of notice of the statement of
charges (25 days if notice is by first class mail and publication), such a hearing shall
be held not later than 20 days after the request except that this time limit may be
enlarged by mutual written consent of the parties, or by order of the hearing
committee. The request for a hearing shall be addressed in writing to the chairperson
of the standing faculty committee created under UWS 4.03.
(UWS 4.04, 2/1/75)
Dismissal: Adequate
Due Process
(UWS 4.05, 2/1/75)
(Refer to UWS 3.08)
1.
A fair hearing for a faculty member whose dismissal is sought under section
UWS 4.01 shall include the following:
a.
Service of written notice of hearing on the specific charges at least ten
days prior to the hearing;
b.
A right to the names of witnesses and of access to documentary evidence
upon the basis of which dismissal is sought;
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Dismissal:
Procedural
Guarantees
(UWS 4.06, 2/1/75)
(Refer to UWS 3.08)
1.
c.
A right to be heard in his/her defense;
d.
A right to counsel and/or other representatives, and to offer witnesses;
e.
A right to confront and cross-examine adverse witnesses;
f.
A verbatim record of all hearings, which might be a sound recording,
provided at no cost;
g.
Written findings of fact and decision based on the hearing record;
h.
Admissibility of evidence governed by 227.10, Stats.
Any hearing held shall comply with the requirements set forth in UWS 4.05.
The following requirements shall also be observed:
a.
The burden of proof of the existence of just cause is on the administration
or its representatives;
b.
No faculty member 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 be qualified to sit
on the committee in that case;
c.
The hearing shall be closed unless the faculty member under charges
requests an open hearing, in which case it shall be open (see 66.77, Stats.,
Open Meeting Law);
d.
The faculty hearing committee may, on motion of either party, disqualify
any one of its members for cause by a majority vote. If one or more of the
faculty hearing committee members disqualify themselves or are
disqualified, the remaining members may select a number of other
members of the faculty equal to the number who have been disqualified to
serve, except that alternative methods of replacement may be specified in
the rules and procedures adopted by the faculty establishing the standing
committee under UWS 4.03;
e.
The faculty hearing committee 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;
f.
If the faculty hearing committee requests, the chancellor shall provide
legal counsel after consulting with the committee concerning its wishes in
this regard. 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 rules and
procedures adopted by the faculty of the institution in establishing the
standing faculty committee under section UWS 4.03;
g.
If a proceeding on charges against a faculty member not holding tenure is
not concluded before the faculty member's appointment would expire,
he/she may elect that such proceeding be carried to a final decision.
Unless he/she so elects in writing, the proceeding shall be discontinued at
the expiration of the appointment;
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Dismissal:
Recommendations:
To the Chancellor:
To the Regents
If a faculty 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;
i.
Nothing in paragraph (h) shall prevent the settlement of cases by mutual
agreement between the administration and the faculty member, with board
approval, at any time prior to a final decision by the board;
j.
Adjournment shall be granted to enable either party to investigate evidence
as to which a valid claim of surprise is made.
1.
The faculty hearing committee shall send to the chancellor and to the faculty
member concerned, as soon as practicable after conclusion of the hearing, a
verbatim record of the testimony and a copy of its report, findings, and
recommendations. The committee may determine that while adequate cause for
discipline exists, some sanction less severe than dismissal is more appropriate.
Within 20 days after receipt of this material the chancellor shall review it and
afford the faculty member an opportunity to discuss it. The chancellor shall
prepare a written recommendation within 20 days following the meeting with
the faculty member, unless his/her proposed recommendation differs
substantially from that of the committee. If the chancellor's proposed
recommendations differ substantially from those of the faculty hearing
committee, the chancellor shall promptly consult the faculty hearing committee
and provide the committee with a reasonable opportunity for a written response
prior to forwarding his/her recommendation. If the recommendation is for
dismissal, the recommendation shall be submitted through the president of the
system to the board. A copy of the faculty hearing committee's report and
recommendations shall be forwarded through the president of the system to the
board along with the chancellor's recommendation. A copy of the chancellor's
recommendation shall also be sent to the faculty member concerned and to the
faculty committee.
2.
Disciplinary action other than dismissal may be taken by the chancellor, after
affording the faculty member an opportunity to be heard on the record, except
that, upon written request by the faculty member, such action shall be submitted
as a recommendation through the president to the board together with a copy of
the faculty hearing committee's report and recommendation.
1.
If the chancellor recommends dismissal, the board shall review the record
before the faculty hearing committee and provide an opportunity for filing
exceptions to the recommendations of the hearing committee or chancellor, and
for oral arguments, unless the board decides to drop the charges against the
faculty member without a hearing or the faculty member elects to waive a
hearing. This hearing shall be closed unless the faculty member requests an
open hearing (see 66.77, Stats., Open Meeting Law).
2.
If, after the hearing, the board decides to take action different from the
recommendation of the faculty hearing committee and/or the chancellor, then
before taking final action the board shall consult with the faculty hearing
committee and/or the chancellor, as appropriate.
3.
If a faculty member whose dismissal is sought does not request a hearing
pursuant to UWS 4.04 the board shall take appropriate action upon receipt of
the statement of charges and the recommendation of the chancellor.
(UWS 4.07, 2/1/75)
Dismissal: Board
Review
h.
(UWS 4.08, 2/1/75)
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Dismissal:
Suspension from
Duties
(UWS 4.09, 2/1/75)
Pending the final decision as to his/her dismissal, the faculty member shall not
normally be relieved of duties, but if, after consultation with appropriate faculty
committees the chancellor finds that substantial harm to the institution may result if
the faculty member is continued in his/her position, the faculty member may be
relieved immediately of his/ her duties, but his/her salary shall continue until the
board makes its decision as to dismissal.
(UW-Stout 4.09)
(Appropriate Committee for
Chancellor’s Consultation on
Suspension)
The faculty senate executive committee is the proper group to consult for any
decisions regarding suspension from duties. Other persons as identified by the
chancellor may also be consulted.
Date of Dismissal
A decision by the board ordering dismissal shall specify the effective date of the
dismissal.
(UWS 4.10, 2/1/75)
LAYOFF AND TERMINATION FOR REASONS OF FINANCIAL EMERGENCY
General
(UWS 5.01, 2/1/75)
Financial Emergency
(UWS 5.02, 2/1/75)
Layoff and
Termination
(UWS 5.03, 2/1/75)
Notwithstanding 36.13, Stats., the board may lay off or terminate a tenured faculty
member, or lay off or terminate a probationary faculty member prior to the end of his
or her appointment, in the event of a financial emergency. Such layoffs or
terminations may be made only in accord with the provisions of this chapter, and
imply the retention of rights indicated herein. A nonrenewal, regardless of reasons,
is not a layoff or termination under this section.
1.
For the purposes of this chapter, "financial emergency" is a state which may be
declared by the board to exist for an institution if and only if the board finds that
the following conditions exist:
a.
The total general program operations (GPR/fee) budget of the institution,
excluding adjustments for salary/wage increases and for inflationary
impact on nonsalary budgets, has been reduced;
b.
Institutional operation within this reduced budget requires a reduction in
the number of faculty positions such that tenured faculty must be laid off,
or probationary faculty must be laid off prior to the end of their respective
appointments. Such a reduction in faculty positions shall be deemed
required only if in the board's judgment it will have an effect substantially
less detrimental to the institution's ability to fulfill its mission than would
other forms of budgetary curtailment available to the institution; and
c.
The procedures described in UWS 5.05 and 5.06 have been followed.
For the purposes of this chapter, "layoff" is the indefinite suspension or an
involuntary reduction in services and compensation of a faculty member's
employment by the university of Wisconsin system. A laid off faculty member
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retains the rights specified in UWS 5.16 through 5.21, inclusive. For the purposes of
this chapter, "termination" is the permanent elimination of a faculty member's
employment by the university of Wisconsin system. A terminated faculty member
retains rights specified in UWS 5.18 and 5.19.
Financial Emergency:
Faculty Consultative
Committee
(UWS 5.04, 2/1/75)
The faculty of each institution shall, promptly after February 1, 1975, designate or
create a standing faculty committee to consult with the chancellor if at any time a
declaration of financial emergency is to be considered. The committee shall consist
of faculty members of the institution chosen by the faculty in a manner to be
determined by the faculty. It is the right and responsibility of this committee to
represent the faculty before the board if a declaration of a state of financial
emergency for the institution is being considered, and to assure that the procedures
of UWS 5.05 and 5.06 are followed.
(UW-Stout 5.04)
The faculty senate shall elect a five-member faculty consultative committee
consisting of the faculty senate chair and one member from each of the four colleges:
Science, Technology, Engineering and Mathematics; Arts, Humanities and Social
Sciences; Management; and, Education, Health and Human Sciences.
Financial Emergency:
Consultation
1.
(UWS 5.05, 2/1/75)
In the event that a declaration of financial emergency is contemplated, the
chancellor of the affected institution shall consult with and seek advice from the
faculty committee provided for in UWS 5.04 at least 3 months before the matter
is taken to the board. The chancellor and committee shall:
a.
Consider identifiable alternative methods of budget reduction;
b.
Determine whether reductions in faculty positions under the provisions of
this chapter can be made with less detriment to the institution's ability to
fulfill its mission than would follow from reasonable alternative courses of
action;
c.
Determine from which colleges, schools, departments, or programs
positions should be eliminated;
d.
Consult with faculties of colleges, schools, departments, and programs
potentially involved; and
e.
Consult with such other individuals and groups as they feel may be able to
provide valuable advice.
2.
The committee shall prepare a report, with supporting documents, for
submission to the chancellor, the faculty senate, or institutional equivalent and
the board.
3.
It shall be the primary responsibility of the faculty of the institution to establish
criteria to be used by the chancellor and committee for academic program
evaluations and priorities. A decision to curtail or discontinue an academic
program for reasons of financial emergency shall be made in accordance with
the best interests of students and the overall ability of the institution to fulfill its
mission.
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(UW-Stout 5.05)
The University of Wisconsin-Stout shall establish a consultative committee that will
review three primary systems to determine where curtailments or discontinuation of
academic programs for reasons of financial emergency shall occur. These three
systems, which will be utilized to help the committee make a specific
recommendation, are as follows:
1.
The budget development system to determine if specific programs are being
funded at a level which could be reduced.
2.
The undergraduate and graduate program review system to ascertain which
programs seem to be in a status where there may be some question as to their
continuance.
3.
The long-range planning system to ascertain where programs fit within the
university's planning expectations.
Each of these three systems contains criteria and procedures which shall be reviewed
by the consultative committee to aid them in their final recommendations.
Financial Emergency:
Faculty Consultative
Committee
(Approved 9/1/87-Chancellor)
UW-Stout 5.05 defines the policy to be followed by the consultative committee
charged with determining where curtailments or discontinuation of academic
programs will take place for reasons of financial emergency. The guidelines to be
used in carrying out this process will follow.
In order to identify and examine these alternatives, the committee and the chancellor
must consider the functions of Academic and Student Affairs, Administrative and
Student Life Services, and the Chancellor's Office to determine which are most
central to the academic mission, i.e., graduate and undergraduate programs,
transdisciplinary programs, a core of the liberal arts, and new educational strategies
and instructional technologies, as well as functions mandated by existing statutes or
contracts.
Process: The chancellor and the committee shall ask of each division a prioritized
ranking of its functions in accordance with their centrality to the academic mission as
determined by:
First priority: direct classroom instruction
Second priority: direct services to classroom instruction
Third priority: direct service to students
Fourth priority: support for direct services to students
Fifth priority: support for program development
Sixth priority: other research and service
In consultation with the committee, each division shall then examine its budget to
identify patterns of reduction that would best preserve the unit's centrality to the
academic mission and make a recommendation for reduction, showing supporting
reasons and reasons why other patterns were not chosen.
If the proposed reduction requires loss of faculty positions or the curtailment or
discontinuation of academic programs, the committee and the chancellor would then
proceed with each affected unit, as well as with other appropriate groups and
individuals, according to the criteria and process for program reduction in fiscal
emergency.
In order to best determine program priority, the university must have mutually
agreed upon criteria that each unit (school) can utilize in deciding its own program
priorities. There is no easy or agreed upon way for weighing these factors, and no
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attempt to place them in any rigid order of priority has been made. However, each
program can be assessed in terms of each factor and, even though it may not lead to a
precise priority order for all programs, the unit or school should be able to identify
those programs that rate very high in almost all categories and those that rate
relatively low. This list of factors is obviously not exhaustive, and in particular
cases, one or more additional elements may be considered.
The Criteria
Process
1.
2.
The five criteria for programs and course evaluation in the event of fiscal
emergency are:
a.
Demand. Demand is obviously an important factor in evaluating programs
and courses in the university. The faculty must consider the number of
students seeking admission to regular full-time undergraduate and graduate
programs. Part-time students and outreach audiences must also be
considered in assessing demand. The needs of employers for individuals
trained in certain disciplines also constitute a form of demand. In addition,
programs should contain courses that offer solutions to pressing economic
and social problems and contribute to the quality of life.
b.
Quality. Particularly in academic programs and courses, it is difficult as a
practical matter to build quality in a conscious and deliberate way. Where
it occurs, it is often the result of the combination of opportunity, good luck,
and foresight. Thus, once a university has achieved a high level of quality
in a program, it should make every effort to preserve it.
c.
Connectedness. Connectedness refers to the extent to which the courses in
a department serve the various academic programs. When connectedness
is high between one strong or several stable programs and a department, it
is academically unsound to consider extensive department reductions.
d.
Uniqueness. UW-Stout's special mission must be maintained by a strong
commitment to support for courses and programs that fit its long-range
planning goals. On the other hand, it must be recognized that what is
appropriate to the mission is not static and must be responsive to changing
needs.
e.
Fiscal Parity. The funding level of programs and courses should be
reviewed in order to determine whether any are funded beyond the level
justified by their position prior to the emergency.
The above criteria are to be utilized as follows:
a.
When the chancellor determines that the university's income (GPR funds)
is insufficient to meet the definition established in UWS 5.02; 1, a, b, c, he
shall so inform the fiscal emergency consultative committee (FECC)
[UWS 5.04 (1)].
b.
The FECC shall communicate this determination to each school or unit so
that it may select a committee to meet and review programs and courses
according to the above criteria. The school or unit committee shall be
composed of the respective dean and a representative from each
department, elected from and by the tenured faculty thereof. The FECC
member representing that school or unit shall serve as an ex officio
member of the committee.
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Financial Emergency:
Recommendations to
the System President
and the Board
1.
(UWS 5.06, 2/1/75)
2.
c.
Within an agreed upon time period, each school or unit committee shall
forward to the university FECC a prioritized list of its programs and
courses, including an explanation of how the criteria were used to
determine the ranking.
d.
The FECC shall then, within a stated time period, meet to combine the lists
received from the schools into a university-wide prioritized order.
e.
This list shall then be forwarded to the chancellor with a rationale for each
rank assigned.
f.
As indicated in UWS 5.05, the chancellor will review the
recommendations and work closely with the FECC in making a final
decision on the list.
g.
As indicated in UWS 5.06, the chancellor's final recommendation will be
forwarded to the faculty senate for review and reaction.
h.
The faculty senate may vote to uphold, amend, or submit alternate
recommendations to the chancellor's report.
i.
The chancellor's recommendations and the responses of the faculty senate
will be forwarded together to the system president and the board of regents
(UWS 5.06).
If the chancellor decides to recommend that the board declare a state of
financial emergency for the chancellor's institution, the recommendation to the
system president and the board shall be accompanied by a report which shall
include the following:
a.
A statement of the procedures followed in arriving at the recommendation,
showing compliance with UWS 5.05;
b.
Data clearly demonstrating the need for a reduction of faculty positions in
accord with the provisions of this chapter;
c.
An identification of the colleges, schools, departments or program areas in
which reductions will be made, with data indicating the appropriateness of
such choices;
d.
The report of the faculty committee, expressing its views on these matters;
and
e.
A report of any action of the faculty senate or institutional equivalent on
this matter.
The chancellor and the chairperson of the faculty committee, or their designees,
and representatives of affected colleges, schools, departments and programs,
may appear before the board at the time the recommendation is considered.
Other interested parties may submit in writing alternative recommendations or
challenges to any part of the report.
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Financial Emergency:
Individual
Designations
(UWS 5.07, 2/1/75)
Financial Emergency:
Seniority
(UWS 5.08, 2/1/75)
Once the board has declared a state of financial emergency it shall be the primary
responsibility of the tenured members of the affected department(s) to recommend
which individuals are to be laid off. These recommendations shall follow seniority,
as provided in UWS 5.08, unless a clear and convincing case is made that program
needs dictate other considerations, e.g. the need to maintain diversity of
specializations within a department. The department may seek the advice of other
groups or individuals in formulating its recommendations. The departmental
recommendation shall be forwarded to the chancellor, and the chancellor shall
prepare recommendations for the system president and the board, as provided in
UWS 5.14.
The faculty of each institution shall promptly after February 1, 1975, determine the
form of seniority that is to be considered. Such a determination shall be effective
uniformly throughout the institution. Seniority may be, but is not limited to, the
following definitions:
1.
Without regard to rank, with seniority established by total years of service in the
institution;
2.
By rank, and within rank, according to total years of service in the institution; or
3.
By rank, and within rank, according to length of service in the institution at the
rank.
(UW-Stout 5.08)
The seniority option chosen by the UW-Stout faculty is (2) by rank, and within rank,
according to total years of service in the institution.
Financial Emergency:
Notification
Each faculty member whose position is recommended for elimination shall receive
prompt written notification from the chancellor. This statement of notification shall
include:
(UWS 5.09, 2/1/75)
Financial Emergency:
Notification Period
(UWS 5.10, 2/1/75)
1.
A summary of the reasons and evidence supporting the declaration of a state of
financial emergency and of the reasons and data leading to the choice of the
colleges, schools, departments or programs in which reductions are to be made;
2.
A statement of the basis on which the individual position was selected for
elimination (if on the basis of seniority, the criterion used and data supporting
the choice; if on another basis, the data and reasons supporting that choice);
3.
A statement of the date on which the layoff is to be effective (this must be
consistent with the provisions of UWS 5.10); and
4.
A copy of these rules and such other information or procedural regulations as
the chancellor or faculty hearing committee shall deem appropriate.
1.
For an academic year appointment the effective date of layoff must coincide
with the end of an academic year. For an annual appointment it shall be June
30. In either case notification must be given at least twelve months in advance
of the effective date. The notification referred to here is that specified in UWS
5.09 informing the faculty member that his or her position has been
recommended for elimination.
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2.
3.
Financial Emergency:
Faculty Hearing
Committee
(UWS 5.11, 2/1/75)
During this period, and prior to entering layoff status (see UWS 5.16), the
chancellor may offer as appropriate, and the faculty member may accept:
a.
Terminal leave and early retirement
b.
Relocation leave accompanied by resignation
Acceptance of either of these options will terminate the faculty member's
association with the university of Wisconsin system at the end of the leave
period.
The faculty of each institution shall, promptly after February 1, 1975, establish a
committee or designate an existing committee to serve as a hearing committee for the
purposes of this chapter. The committee shall consist of faculty members of the
institution chosen by the faculty in a manner to be determined by the faculty. This
standing faculty committee shall operate as the hearing agent for the board pursuant
to 227.12, 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 law and decision to the board according to UWS
5.14.
(UW-Stout 5.11)
The faculty hearing committee will be the standing committee to hear appeals on
termination of employment.
Financial Emergency:
Review Hearing
1.
A faculty member whose position is recommended for elimination is entitled to
a hearing before the faculty hearing committee as to the appropriateness of the
decision to lay off that particular individual. The existence of a state of
financial emergency and the designation of the colleges, schools, departments
or programs in which faculty positions are to be eliminated are not subject to
review in the hearing.
2.
A hearing must be requested within 20 days of the receipt by the faculty
member of notification of recommended layoff. The request shall state with
particularity the grounds to be relied upon in establishing the impropriety of the
decision. Relevant information supplementary to that contained in the
notification statement may be requested. The question to be considered in the
review is whether one or more of the following improper factors entered into
the decision to lay off:
(UWS 5.12, 2/1/75)
(Refer to 3.08 for procedures)
a.
Conduct, expressions, or beliefs on the faculty member's part which are
constitutionally protected, or protected by the principles of academic
freedom; or
b.
Factors proscribed by applicable state or federal law regarding fair
employment practices; or
c.
Improper selection of the individual to be laid off. For the purposes of this
section, "improper selection" occurs if material prejudice resulted from any
of the following:
(1)
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(2)
(3)
(4)
Financial Emergency:
Hearing Procedure
Available data bearing materially on the role of the faculty member
in the institution were not considered; or
Unfounded or arbitrary assumptions of fact were made; or
Immaterial or improper factors other than those specified above
entered into the decision.
3.
The faculty member shall present evidence on whether one or more of the
improper factors specified above entered into the decision to lay off. The
committee shall then consider whether the evidence presented establishes a
prima facie case that such factor or factors did enter significantly into the layoff
decision. If the committee 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. The committee shall report this finding to the
chancellor and faculty member.
4.
If the committee finds that a prima facie case has been established, the
chancellor or his designee shall be entitled to present evidence to support the
layoff decision, and, thereafter, the faculty member may present evidence in
rebuttal. On the basis of all the evidence presented, the committee shall make
its determination as follows:
a.
The committee shall first consider whether one or more of the above
specified improper factors entered significantly into the decision to lay off.
Unless the committee is convinced that such factors did significantly enter
into that decision, the committee shall find the decision to have been
proper.
b.
If the committee believes that improper factors may have entered into the
decision, but is convinced that the same decision would have been reached
had the error(s) not occurred, it shall find the decision to have been proper.
c.
If the committee is convinced that improper factors entered significantly
into and affected the decision, it shall be found to be improper.
5.
The committee shall report its findings and recommendations to the chancellor
and the faculty member.
1.
If the faculty hearing committee requests, the chancellor shall provide legal
counsel to the committee. The hearing shall be closed unless the faculty
member whose position has been recommended for elimination requests an
open hearing, in which case it shall be open (see 66.77, Stats., Open Meeting
Law).
2.
The faculty hearing committee may, on motion of either party, disqualify any
one of its members for cause by a majority vote. If one or more of the faculty
hearing committee members disqualify themselves or are disqualified, the
remaining members may select a number of other members of the faculty equal
to the number who have been disqualified to serve, except that alternative
methods of replacement may be specified in the rules and procedures adopted
by the faculty establishing the standing committee under UWS 5.11. No faculty
member who participated in the decision to lay off or who is a material witness
may sit in on the hearing committee.
3.
The faculty member shall be given at least 10 days notice of the hearing; such
hearing shall be held not later than 20 days after the request except that this time
limit may be extended by mutual consent of the parties or by order of the
hearing committee.
(UWS 5.13, 2/1/75)
(Refer to 3.08 for procedures)
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4.
5.
Financial Emergency:
Recommendations
and Review by the
Board
(UWS 5.15, 2/1/75)
a.
A right to be heard in his or her own behalf;
b.
A right to counsel and/or other representatives, and to offer witnesses;
c.
A right to confront and cross examine adverse witnesses;
d.
A verbatim record of the hearing, which might be a sound recording,
provided at no cost;
e.
Written findings of fact and decision based on the hearing record; and
f.
Admissibility of evidence governed by 227.10, Stats.
Adjournments shall be granted to enable either party to investigate evidence as
to which a valid claim of surprise is made.
The recommendations of the chancellor and the recommendations, if any, of the
faculty hearing committee, shall be transmitted to the president of the university of
Wisconsin system and to the board and acted upon as follows:
1.
If the faculty member has not requested a hearing before the faculty hearing
committee, the recommendation shall be deemed proper and shall be reported
for information to the system president and the board.
2.
If the faculty member has requested a hearing and the faculty hearing
committee has found the decision to be proper, the report of the faculty hearing
committee shall be forwarded to the system president and board by the
chancellor with a recommendation. The faculty member may request a review
by the board, and the board review panel may at its option grant a review.
Unless the board review panel grants the request for review, the recommended
findings of fact and decision of the standing faculty committee shall be the final
decision of the board of regents.
3.
If after a hearing, the faculty hearing committee's recommended findings of fact
and decision are that the initial decision was improper, the chancellor shall
review the matter and give careful consideration to the committee's finding. If
the chancellor accepts the committee's findings the chancellor's decision shall
be final. If the chancellor contests the recommended findings that the decision
was improper, the verbatim record, a summary of the evidence and the
recommended findings of law and decision shall be forwarded to the board
review panel (see UWS 5.15). The chancellor and the faculty member shall be
furnished with copies of this material and shall have a reasonable opportunity to
file written exceptions to such summary and proposed findings and decision and
to argue with respect to them orally and in writing before the board review
panel. The board review panel shall hear and decide the case in accordance
with 227.12, Stats. The decision of the board review panel shall be final.
(UWS 5.14, 2/1/75)
Financial Emergency:
Board Review
The faculty member shall have access to the evidence on which the
administration intends to rely to support the decision to lay off, and shall be
guaranteed the following minimal procedural safeguards at the hearing;
A review panel shall be appointed by the president of the board of regents, and shall
include 3 members of the board, and 2 nonvoting staff members from the academic
affairs office of the university system. The panel shall review the criteria and
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reasoning of the chancellor and the findings and recommendations of the faculty
hearing committee in each case forwarded for its review, and shall reach a decision
on the recommendation to be approved. The decision shall be final and binding upon
the chancellor and the faculty member affected unless one or more of the regent
members of the review panel request that the decision be reviewed by the full board
of regents, in which case the record shall be reviewed and a decision reached by the
full board.
Financial Emergency:
Layoff Status
1.
A faculty member whose position has been eliminated or reduced in accordance
with the provisions of this chapter shall, at the end of the appropriate notice
period, be placed on layoff status, unless the layoff notice has been rescinded
prior to that time.
2.
The faculty member whose notice period has expired, and who is placed on
layoff status shall remain on layoff status until:
(UWS 5.16, 2/1/75)
a.
For probationary faculty, the probationary appointment would have
expired under its own terms;
b.
For tenured faculty, one of the following occurs:
(1)
(2)
(3)
(4)
Financial Emergency:
Alternative
Employment
(UWS 5.17, 2/1/75)
Financial Emergency:
Reappointment
Rights
(UWS 5.18, 2/1/75)
Reappointment to the position from which laid off. Failure to accept
such reappointment would terminate the faculty member's
association with the university of Wisconsin system.
Acceptance of an alternative continuing position in the university of
Wisconsin system. Failure to accept an alternate appointment would
not terminate the faculty member's association with the university of
Wisconsin system.
Resignation.
Failure by the affected faculty member to notify the chancellor not
later than December 1, of each year while on layoff status as to
his/her location, employment status, and desire to remain on layoff
status. Failure to provide such notice of desire to remain on layoff
status shall terminate the faculty member's association with the
university of Wisconsin system.
Each institution shall devote its best efforts to securing alternative appointments
within the institution in positions for which faculty laid off under this chapter are
qualified under existing criteria. In addition, the university of Wisconsin system
shall provide financial assistance for one year for faculty who are designated for
layoff to readapt within the department or within another department of the
institution, where such readaptation is feasible. Further, the university of Wisconsin
system shall devote its best efforts to ensure that faculty members laid off or
terminated in any institution shall be made aware of openings within the system.
Each institution shall establish administrative procedures and policies to ensure that
where layoff or terminations occur for reasons of financial emergency, no person
may be employed at that institution within three years to perform reasonably
comparable duties to those of the faculty member laid off or terminated without first
offering the laid off or terminated faculty member reappointment without loss of
tenure, seniority, and other rights. The three-year period shall be computed from the
effective date of layoff as specified in the original notice.
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Financial Emergency:
Retention of Rank
and Salary
(UWS 5.19, 2/1/75)
Financial Emergency:
Rights of Faculty
Member on Layoff
(UWS 5.20, 2/1/75)
Financial Emergency:
Systemwide Tenure
(UWS 5.21, 2/1/75)
Financial Emergency:
Lack of Faculty
Action
(UWS 5.22, 2/1/75)
Any faculty member reappointed within three years after layoff or termination shall
be reappointed with a rank and salary at least equivalent to his rank and salary when
laid off or terminated, together with such other rights and privileges which may have
accrued at that time; any faculty member relocated within an institution or within the
university of Wisconsin system shall not have either rank or salary adversely
affected except by consent at the time of relocation.
A faculty member on layoff status in accord with the provisions of this chapter has
the reemployment rights guaranteed by UWS 5.18 and 5.19, and has the following
minimal rights:
1.
Such participation in fringe benefit programs as is allowed by state regulations
governing rights of laid off state employees;
2.
Such continued use of campus facilities as is allowed by policies and
procedures established by the department and institution; and
3.
Such participation in departmental and institutional activities as is allowed by
guidelines established by the department and institution.
The commitment to systemwide tenure within the former chapter 37 institutions shall
be honored by those institutions for those eligible under 36.13(4), Stats., in the event
of layoff or termination under the provisions of this chapter.
If the faculty of an institution is given due notice of its rights and responsibilities
under this chapter, and does not act, the chancellor may act as follows in lieu of the
faculty action:
1.
If a faculty committee provided for in UWS 5.04 is not established, the
chancellor may consult those members or representatives of the faculty he
considers appropriate to satisfy the intent of UWS 5.05. All departments
potentially involved shall be consulted and representatives of the faculty may
dispute the chancellor's recommendation for a state of financial emergency
before the board.
2.
If the faculty does not act to determine the form of seniority to be followed, the
chancellor may designate the form. Such designation shall be effective
campuswide and shall be made prior to the declaration by the board of a state of
financial emergency.
3.
If an affected department or program does not recommend individuals for layoff
or termination following declaration of a state of financial emergency, the
chancellor shall determine the individuals to be affected, using such advice as is
deemed of value.
4.
If a faculty hearing committee provided for in UWS 5.11 is not established by
the faculty, the chancellor may appoint a committee of faculty members to
provide this function.
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COMPLAINTS AND GRIEVANCES
Complaints
(UWS 6.01, 2/1/75)
(UW-Stout 6.01)
The faculty of each institution, with the approval of the chancellor, shall establish
rules and procedures to deal with allegations by the administration, students,
academic staff members, other faculty members, classified staff members, or
members of the public concerning conduct by a faculty member which violates
university rules or policies, or which adversely affects the faculty member's
performance of his/her obligation to the university but which allegations are not
serious enough to warrant dismissal proceedings under UWS 4. Such rules and
procedures shall include, but not necessarily be limited to, the following:
1.
Review of and administrative action on the complaint by the chancellor.
Administrative action may include dismissing the complaint, invoking an
appropriate disciplinary action, or referring the complaint to the standing faculty
committee created under sub. (2).
2.
Provision for a hearing before a standing faculty committee selected by the
faculty of each institution in such a manner as they shall determine. Such
hearing shall be held at the request of the chancellor or, if the chancellor
invokes a disciplinary action, at the request of the faculty member concerned.
3.
Guarantee of adequate due process to include, but not limited to, written
notification of the complaint, fair and complete hearing procedures, written
statement of findings, transmittal of findings to the faculty member involved
and appropriate administrative officials within a reasonable period of time, and
prohibition of further jeopardy for the same alleged misconduct after a final
decision.
4.
Delineation of the powers of the faculty committee to make recommendations
to the chancellor concerning disciplinary action, to recommend dismissal of the
complaint, or to recommend referral of the complaint to the appropriate
department or administrative officer.
5.
The decision by the chancellor on the recommendations of the committee, or on
the complaint in the absence of committee recommendation, shall be final
except that the board at its option might grant a review on the record.
Allegations by the administration, students, academic staff members, other faculty
members, classified staff members, or members of the public concerning conduct of
a faculty member that violates university rules and procedures or that adversely
affects the faculty member's performance of his/her obligation to the university, but
which allegations are not serious enough to warrant dismissal proceedings, will be
considered in the following manner:
1.
2.
A review of and administrative action on the complaint by the chancellor (or
his/her designee). Administrative action in this case may include dismissing the
complaint, invoking an appropriate disciplinary action, or referring the
complaint to the appropriate school-level positive action committee.
A hearing before the appropriate positive action committee shall be held at the
request of the chancellor, or, if the chancellor invokes a disciplinary action, at
the request of the faculty member. If the chancellor feels that the school-level
committee has not properly addressed the complaint or if the faculty member
feels that the committee has not given adequate consideration to the disciplinary
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action that has been invoked, he may request that the all-university committee
on positive action hear the appeal.
Grievances
(Approved 4/24/90-Faculty Senate)
3.
Hearings will provide for written notification of the complaint, fair and
complete hearing procedures, written statements of findings, transmittal of
findings to the faculty member involved and the appropriate administrative
officers within a reasonable time, and prohibition of further jeopardy for the
same allegation of alleged misconduct after final decision.
4.
Either the school-level or all-university level faculty committee will make
recommendations to the chancellor concerning disciplinary action, to
recommend dismissal of the complaint, or to recommend referral of the
complaint to the appropriate department or administrative officer.
5.
After the appropriate committee action, the decision by the chancellor on the
recommendation of the committee, or on the complaint in the absence of
committee recommendations, shall be final except the board at its option may
grant it review on the record.
A grievance is an appeal by a faculty member of an action taken by the university on
the basis of one of its policies. Implicit in the appeal is a request to modify the
action taken. The grievant always has a personal interest in the matter.
A grievance contains these elements: a personnel problem experienced by a faculty
member that adversely affects the person that he or she does not fully control and
that is not covered by other personnel rules.
(UWS 6.02, 5/1/89)
The faculty of each institution shall designate a committee or other appropriate
faculty body to hear faculty grievances under rules and procedures established by the
faculty of the institution in conjunction with the chancellor. The committee or
faculty body shall have the power to conduct hearings and fact-finding related to the
grievance and to recommend solutions to the grievance to the chancellor. If the
committee or other body makes recommendations to the chancellor, the chancellor
shall act on the recommendations within 30 days. The decision by the chancellor on
the recommendation of the committee, or on the grievance in the absence of
committee recommendation, shall be final except that the board, upon petition of a
grievant or the committee or other faculty body, may grant a review on the record.
(UW-Stout 6.02)
The standing faculty committee designated to conduct hearings on grievances shall
be the school-level and all-university level positive action committees as specified in
the positive action procedures. These committees shall have the power to conduct
hearings and fact-finding relating to the grievance and the authority to recommend
solutions to such grievances to the chancellor and to the board should the matter not
be resolved at the institutional level.
FACULTY POSITIVE ACTION PROCEDURES
(Approved 7/20/84-Chancellor)
(Approved 5/84-Faculty Senate)
(Amended 12/10/85-Faculty Senate)
Introduction
The operation of a university is based on human interactions: student, faculty,
academic staff, classified staff, administration, and members of the general public.
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Normally, these interactions are positive and produce cooperative action. However,
in situations that bring groups of people together, a variety of opinions exist. It is
hoped that differing opinions produce a variety of new ideas and approaches to
problems. Difference may also produce conflict.
Complaints and
Grievances
This positive action procedure is a device for dealing with conflicts as described in
Chapter UWS 6, Personnel Rules for Faculty-University of Wisconsin System.
These conflicts shall be identified as complaints and grievances. A grievance is an
appeal by a faculty member of an action taken by the university on the basis of one
of its policies. Implicit in the appeal is a request to modify the action taken. The
UW system personnel rules require that the university establish a committee to
assess the facts of the case and recommend solutions to the chancellor. If the faculty
member is not satisfied with the outcome of the university's grievance procedure,
he/she may request consideration by the regents.
*The Stout Student Association
office may serve as a resource for
facilitating student-initiated
complaints.
A complaint is an allegation that a faculty member has violated a rule or policy of
the university or is engaging in conduct which negatively affects his/her university
performance. Complaints may be made by anyone inside or outside the university.*
The individual making the complaint may have no personal stake in the outcome.
There is the assumption that a sanction will be imposed by the university if the
faculty member is found to have acted as alleged. An adversary hearing results.
Upon request, the regents may review a complaint, but only on the basis of the
written record.
Before the formal processes of positive action begin, the issue should be discussed
with the person whose alleged actions led to the complaint/grievance and, if not
resolved, with that person's immediate supervisor.
In the case of a complaint, the next step is to submit the matter to the director of
human resources. The complaint must be in writing and must specify the alleged
misconduct and the resolution sought. This must be done within sixty calendar days
from the date the complainant first became aware of, or should have become aware
of with the exercise of reasonable diligence, the cause of the complaint. After
consultation with the chancellor or designee, the director of human resources will,
within fourteen calendar days of receipt, dismiss the complaint, invoke appropriate
discipline or refer the complaint to the positive action committee through the faculty
senate chair. This time period may be extended by the director of human resources if
circumstances warrant such an extension.
In the case of a grievance, the faculty member initiates formal action by contacting
the director of human resources. The grievance must be filed within sixty calendar
days from the date the grievant first became aware of, or should have become aware
of with the exercise of reasonable diligence, the cause of the grievance. The
grievance must be in writing stating the issue and the resolution sought. After
conferring with the grievant and the chancellor or designee, the director of human
resources will initiate the positive action procedure by asking the faculty senate chair
to form a positive action committee.
Positive Action
Committees
(Rev. 4/16/96)
(Rev. 7/24/06)
These committees are designed to hear grievances filed by individual faculty
members and to hear complaints against faculty members and to make
recommendations on these issues to the chancellor. They are formed from a panel of
faculty members by the following process:
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1.
The panel from which the committees are formed will consist of 23 faculty
members.
Panel Membership:
Selected by:
7 All-University
From total faculty by faculty senate.
Panel Membership:
Selected by:
16 College/School
Four each from Science, Technology, Engineering &
Mathematics; Arts, Humanities & Social Sciences;
Management; and, Education, Health & Human
Sciences & Other, elected by the faculty of the
respective units.
The elections, held in the spring of each year, will be conducted by the faculty
senate. Term of service will be two years commencing May 1 and ending April
30.
Operation of the
Committee
2.
Following the election of the panel, the faculty senate chair will draw the names
of seven panel members to establish the first committee.
3.
Upon receipt of the complaint or grievance from the director of human
resources, the faculty senate chair will (a) serve written notice including a copy
of the complaint/grievance on the respondent within five calendar days,
excluding breaks in the university calendar, of his/her receipt of the
complaint/grievance and (b) call the seven members together and present the
complaint/grievance to allow for withdrawal of any member(s) who expresses a
conflict of interest. If such occurs, the faculty senate chair will draw another
name from the original panel for replacement.
4.
Upon achieving a seven member committee, the faculty senate chair will ask the
complainant/grievant and respondent to each strike one name. The
complainant/grievant shall strike first. (A second committee will immediately
be formed to hear the next dispute. From a pool of the ten remaining committee
members and the two committee members released from the first panel, the
faculty senate chair will draw seven names. A third committee will be formed,
as needed, from the seven remaining panel members. Subsequent committees
needed during the year will be drawn from the original seventeen member panel
in the same manner that the first committee was formed.)
5.
The faculty senate chair will convene the five remaining members to conduct an
election of a chair and secretary, to review procedures, and to present the written
complaint/grievance. This process must take place within twenty-one calendar
days, excluding breaks in the university calendar, of the faculty senate chair's
receipt of the written complaint/grievance. When it is possible, committees to
hear complaints/grievances will be convened in the summer. The committee,
having determined that the issue comes under the jurisdiction of the positive
action procedure and has been timely filed by the complainant/grievant, will
hear the issue until a decision is reached. The committee must hold a hearing
and render a decision within thirty-five calendar days, excluding breaks in the
university calendar, of being convened. The committee may extend the hearing
time limit upon mutual agreement of both parties or if scheduling problems
occur during the summer.
All positive action committees shall operate in a manner consistent with the
procedural requirements as follows:
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Committee Chair
1.
The chair of each committee is responsible for supervising the activities of the
committee. The functions of the chair shall include the following:
a.
b.
c.
d.
e.
f.
g.
Hearing Coordinator
2.
The director of human resources will serve as a non-voting advisor to each
positive action committee in order to provide coordination and assistance to
each committee and to maintain long-term continuity and consistency in the
process. The functions of the director of human resources shall include, but not
be limited to, the following:
a.
b.
d.
e.
f.
Serves in an advisory capacity to the committee.
Assists both parties and the committee by reviewing in separate sessions the
procedures and requirements of the process.
Coordinates witness list and document exchanges between the parties at
least three calendar days before the start of the hearing.
Ensures the recording of the hearing and is custodian of the tapes.
Provides needed clerical services.
Secures needed legal advice for the committee.
a.
General Guidelines
c.
Conduct of the
Hearing
3.
Encourages further attempts at informal resolution.
Identifies whether or not there are time lines or jurisdictional issues for the
full committee to act on.
Presides at the hearing and deliberation stages of the complaint or
grievance.
Announces that all testimony is assumed to be truthful.
Ensures that all hearings proceed expeditiously.
Makes periodic reports to the faculty senate chair and director of human
resources.
Forwards the committee's recommendation to the proper parties.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
b.
Hearings shall be conducted informally, and the committee shall not
be bound by common law or statutory rules of evidence. The
committee may admit evidence having reasonable probative value but
shall exclude immaterial, irrelevant, or repetitious testimony.
Hearings shall be subject to the State of Wisconsin Open Meeting
Law. Hearings may be closed by the committee upon the request of
either party.
A record of the hearing will be made.
Hearings will be scheduled to minimize disruption to the teaching or
other university functions of the participants.
An issue, once having been decided by the committee, may not be
brought back through the positive action procedures.
A grievance will be automatically dismissed upon the voluntary
termination of university employment by the charging party.
Withdrawal of the complaint/grievance may be made by the charging
party at any point until the committee has made its decision. Such
complaint/grievance may not be refilled later.
Hearing Procedure
(1)
Chapter 3B: Personnel Rules for Faculty
In order to assure a fair hearing, complainants, grievants, and
respondents have a right to offer witnesses and documents in their
behalf. Additionally, respondents have a right to the name(s) of the
party(ies) bringing the complaint, to cross-examine witnesses called
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(2)
(3)
(4)
(5)
c.
against them, to have access to relevant university documents, and to
be represented by a person of their choice (costs of non-university
representatives will be the responsibility of the represented party).
The committee may also ask for additional witnesses or documents
that it considers necessary for a fair hearing.
The party bringing the issue has the burden of proof and will proceed
first.
Witnesses will be present only for their own testimony. Committee
members may ask questions of witnesses at the end of the witnesses'
formal examination. Witnesses may be recalled by the committee for
further clarification.
Failure of either party to appear without good cause as determined by
the committee will result in a directed recommendation for the other
party.
Failure of either party being ready to proceed at the time of the
hearing without good cause as determined by the committee will
result in a directed recommendation for the other party.
Committee Recommendation
(1) Upon conclusion of the hearing, the committee will deliberate in
closed session. The committee's recommendation will be by simple
majority arrived at by a voice vote or show of hands. Findings and
the recommendation to the chancellor or designee will be in writing
with copies to both parties and to the provost. Options are:
(a)
(b)
(2)
Chancellor's Action
The complainant/grievant has not met the burden of proof and
the issue should be dismissed.
The complainant/grievant has met the burden of proof and a
recommended resolution or disciplinary action is specified.
Objections by either party to the committee decision (based on the
record) may be made in writing to the chancellor or designee within
three calendar days of receipt of the committee's written decision.
The chancellor must render a decision within fourteen calendar days of receipt of the
committee's recommendation. This time period may be extended by the chancellor if
circumstances warrant such an extension. Copies of the decision will be sent to both
parties, the committee, and the provost.
Complainants/grievants, witnesses, and committee members will not be retaliated
against for their use of or participation in the process.
Appeal Process to
Board of Regents
If not satisfied with the chancellor's decision, a party may appeal to the board of
regents. The board, at its option, may choose to grant a review of the decision based
on the record.
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CHAPTER IIIC: PERSONNEL RULES FOR ACADEMIC STAFF
EXPLANATION
The Wisconsin Administrative Code, Chapters UWS 8 to UWS 13, defines personnel
rules for academic staff. Chapter IIIC contains each of the sections of the code that
apply to personnel rules for academic staff. (UWS 8 is the unclassified staff code of
ethics.) Following each UWS rule, in italics and identified as "UW-Stout," is the
applicable university rule and/or procedure which further specifies UW-Stout's
particular application of the System rule. To gain a full understanding, both the
administrative code statement and the UW-Stout statement must be read. A
complete copy of the administrative code can be found in the library.
ACADEMIC STAFF RULES: COVERAGE AND DELEGATION
Coverage
(UWS 9.01, 2/1/86)
Delegation
(UWS 9.02, 2/1/86)
The rules of chapters UWS 8 to UWS 13, and the policies and procedures developed
by particular institutions or system administration thereunder, apply to all academic
staff appointments within each institution or within the system administration. In
chapters UWS 8 through 13, where appropriate, "president" may be substituted for
"chancellor" and "system administration" for "institution."
Each chancellor shall provide for the establishment of a committee to advise the
administration on policies and procedures for academic staff adopted by the
institution pursuant to chapters UWS 8-13. At least a majority of the members of
this committee shall be members of the academic staff elected by members of the
academic staff. Members of the committee shall select the chairperson thereof.
Institutions which now have persons with faculty rank holding positions which will
become academic staff positions under the definitions of faculty and academic staff
provided in chapter 36, Stats., may designate such persons as academic staff for
purposes of eligibility to participate in the election of members of the committee
chosen in this way, and eligibility for election to the committee. Wherever each
institution is charged in chapters UWS 8-13 with adopting policies and/or
procedures, the chancellor shall develop these policies and procedures in
consultation with the committee and, as appropriate, members of the faculty and
student body. Policies and procedures developed by each institution for
administering the elements of the academic staff personnel policies addressed by
these rules shall be in full force and effect when finally approved by the chancellor
and forwarded to the board. The board may undertake a review of any or all portions
of such policies and procedures but shall complete such review within 90 days of the
receipt of the policies and procedures. Should the board within 90 days return to the
institution any portion or portions of its policies and procedures as disapproved, that
portion or portions shall be suspended until reconsideration and resubmission has
taken place.
ACADEMIC STAFF APPOINTMENTS
Types of
Appointments
(UWS 10.01, 11/1/75)
Academic staff appointments may be fixed term, probationary, or indefinite. Several
probationary academic staff appointments may precede the granting of an indefinite
appointment. Each institution shall develop guidelines concerning the categories of
academic staff positions that may be appropriately designated as fixed term,
probationary, or indefinite appointments. Appointments may be made in the central
administration, an institution, college, department (or its functional equivalent), or a
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specified research or program unit. An appointment shall be limited to an
operational area specified at the time of the appointment and shall not carry rights
beyond that limitation.
Types of
Appointments
(UW-Stout 10.01)
Academic Staff
Titling
Fixed term appointments shall be limited to academic staff members whose positions
fit the specifications set forth in UW-Stout 10.03. When an instructional position
cannot be filled by a faculty appointment, a fixed term academic staff appointment
will be made. These positions will not require research, publication, or service. The
individual filling the position will be evaluated solely on the basis of teaching
performance. Conditions under which an instructional position might be filled by an
academic staff appointment will include one or more of the following: the position
is temporary, the position is exclusively a teaching one, only entry-level courses are
assigned, a doctorate or M.F.A. will normally not be required by the position. All
other academic staff appointments shall be probationary or indefinite.
When an unclassified, non-faculty position is initially established at UW-Stout, a
position description questionnaire needs to be completed by the immediate
supervisor so the human resources office can assign the appropriate title to the
position. The questionnaire should go through the proper channels until the division
administrator has signed for approval. The questionnaire will then be forwarded to
the human resources office for review. The human resources office will notify the
supervisor and the division administrator of the title and salary range, if applicable,
that has been assigned to the position. For copies of blank questionnaires or if there
are any questions, please contact the human resources office.
Academic Staff Title
Review and/or
Change Guidelines
(Approved 3/1/95-Senate of
Academic Staff,
(Approved 4/12/95-Chancellor)
UW System's Unclassified Personnel Guideline #1 directs each campus to provide
for ongoing review of formal academic staff title assignments.
Introduction
UW-Stout has established the following guidelines to provide for ongoing review of
formal title assignments and to provide a mechanism whereby an academic staff
employee or his/her supervisor may request a change in title in the event of job
reclassification.
Definition of Terms
The word Title in these guidelines refers to the UW system academic staff title as
described in the UW System Title Definitions book. The unclassified title code list
separates formal titles into 13 title groups. UW-Stout's academic staff title review
guidelines apply to titles in only five of the title groups: Instructional, Research,
Director, Program Manager, and Professional series.
Titles in most groups consist of three parts: Function, Prefix, and Scope.
a.
b.
Function. The function component describes the primary activity or
the general duties and responsibilities of positions holding the title.
Function can be changed only if the duties of the position have
significantly changed. If the change in function is 50% or more of the
position, it must be reviewed by the Affirmative Action Officer
(should this be changed to human resources director?) to
determine if a new recruitment is required.
Prefix. Many functions are modified by a prefix to distinguish levels
of proficiency and/or experience of the person assigned the function
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or to recognize different levels of responsibility. Depending on the
function, a prefix change may be dependent on significant change in
duties, increased experience, increased training, increased
independence of action, or increased responsibility.
c.
Procedure for
Requesting Title
Change
(Rev. 5/3/95-Senate of Academic
Staff,
Approved 5/18/95-Chancellor)
A packet of materials has been prepared for individuals requesting a change in
academic staff title and is available in the human resources office. The following
materials are enclosed:
a.
b.
c.
d.
e.
Procedures
Scope. Scope distinguishes between small, medium, and large
administrative units. In most cases the "scope" on the UW-Stout
campus is "medium" and would not normally change unless the subunit is exceptionally large or small for the campus size. A change in
scope requires UW system approval.
A copy of the UW-Stout Academic Staff Title Review and/or Change
Guidelines.
Excerpts from UW System Unclassified Personnel Guideline #1.
A more detailed description of the functions and prefixes assigned to
selected academic staff titles.
A UW Academic Staff Position Description Questionnaire (PDQ).
The Request for Change in Academic Staff Title form.
A request for a change in title may be initiated by either the academic staff member
or his/her immediate supervisor. However, it is highly recommended that staff
members and supervisors discuss the matter together before initiating the process.
The human resources office has been delegated by the chancellor to assign academic
staff titles.
1.
After obtaining the information packet, complete the position description
questionnaire, including a chart indicating where the position fits within the
organizational structure.
2.
Complete the first section of the request for change in academic staff title form,
providing a rationale for the change. Please be specific in describing why the
change is being requested. Append the PDQ and any materials that are relevant
to the form.
3.
Forward the originals of these materials to the immediate supervisor with a copy
to the human resources office. From this point, supervisors will review the
materials, note whether they concur or do not concur with the request, and
forward all materials on to the next level of supervision. This process is to
provide information to supervisors, and the process can only be stopped by the
individual who initiated the request.
4.
Within five working days, the supervisor should review the materials, concur or
not concur with the request, and forward the request to the dean or unit director.
5.
Upon receipt of the request, the dean/unit director has ten working days to
respond and forward the materials to the division administrator.
6.
The division administrator has ten working days to respond and forward the
request, with all signatures, to the human resources office.
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Appeal Process
(Rev. 5/3/95-Senate of Academic
Staff,
Approved 5/18/95-Chancellor)
7.
The human resources office will assign a title based on information in the PDQ,
the appended materials, and other pertinent information which may be
requested.
8.
Human resources will notify the academic staff member and the immediate
supervisor of the outcome of the request. If the supervisor or staff member
disagree with the decision of the human resources office, the appeal process may
be initiated.
The senate of academic staff personnel committee is the designated group to review
appeals pertaining to title assignments.
If the academic staff member or the supervisor wishes to appeal the decision of the
human resources office:
1.
Within ten working days of receiving the decision of the human resources
office, the academic staff member and/or immediate supervisor must submit a
written request that states the reasons for the appeal to the chair of the senate of
academic staff with a copy to human resources.
2.
Within five working days, the chair of the senate of academic staff will notify
the academic staff personnel committee that an appeal has been filed. At that
time, the human resources office will provide the chair of the academic staff
personnel committee with a copy of the PDQ, request for title change form, and
other appropriate materials.
3.
The chair of the personnel committee will arrange a hearing within 15 working
days of receipt of the notification of appeal.
a.
b.
c.
The meeting shall include the committee members, the academic staff
member requesting the change, the immediate supervisor, a representative
from the human resources office, and others as appropriate.
The academic staff personnel committee may meet prior to the appeal
meeting to conduct business it deems appropriate.
Within five working days of the appeal meeting, the recommendation of the
committee shall be forwarded to the director of human resources.
4.
Within ten working days of receipt of the title recommendations, the director of
human resources will review the initial title assignment in light of the
Committee recommendations. If the director of human resources does not agree
with the recommendation of the committee, the director will forward the
recommendation of the committee, along with the documentation and reasons
for not concurring, to the chancellor.
5.
Within ten working days of receipt of the information, the chancellor will make
a final decision on the title to be assigned to the academic staff member. This
time period may be extended by the chancellor if circumstances warrant such an
extension provided the academic staff member is notified of the extension and
date of the anticipated decision.
6.
The human resources office will notify the academic staff member, the
immediate supervisor, dean/unit administrator, division administrator, chair of
the academic staff personnel committee, and others, as appropriate, of the
decision.
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Commencing with the fourth year in title, and every fourth year hence, the human
resources office will request that the position description be reviewed by the
incumbent and the supervisor together. If sufficient change has occurred, the request
for title change procedure outlined may apply.
Recruitment and
Letter of
Appointment
1.
(UWS 10.02, 11/1/75)
Each institution shall develop procedures relating to recruitment of members of
the academic staff. The procedures shall be consistent with board policy and
state and federal laws with respect to nondiscriminatory and affirmative action
recruitment. The procedures shall allow maximum flexibility at the department,
school, and college levels to meet particular needs.
2.
Recruitment
(UW-Stout 10.02, 3/1/94)
1.
The terms and conditions of the appointment shall be specified in a written
letter of appointment. The appointment letter shall be signed by an
authorized official of the institution and should contain details as to the
terms and conditions of the appointment, including but not limited to type
of appointment (fixed term, probationary, or indefinite), duration of the
appointment (starting date, ending date), salary, general position
responsibilities, definition of operational area, the length of the probationary
period (if appropriate) and recognition of prior service as part of the
probationary period (if appropriate). Accompanying this letter shall be an
attachment detailing institutional and system regulations, rules, and
procedures relating to academic staff appointments. If the appointment is
subject to the approval of the board, a statement to this effect must be
included in the letter. An amended letter of appointment should be sent in
situations where a significant change in position responsibility occurs.
The personnel committee of each department or its functional equivalent shall
devise and implement procedures to recruit and hire new personnel. The
personnel committee shall:
a.
Profile the personnel needs of the unit to determine the abilities, interests,
qualifications, numbers, and types (faculty, academic staff--fixed term or
probationary/indefinite, graduate assistant, classified, etc.) of personnel
required to carry out the unit's functions.
(1)
(2)
(3)
(4)
These profiles will take into account accreditation concerns (for
example, doctoral requirements or other appropriate terminal
degrees), market concerns, enrollment, the need for current expertise,
and the identification of core or ongoing positions.
These profiles are to include position descriptions for each member of
the unit.
Guidelines for these profiles should be standardized and implemented
uniformly, and the profiles should be updated annually.
Profiles should be approved by unit, school (or functional equivalent),
and division administrators.
These determinations shall be made within the total allocation specified for
the unit and shall be the basis upon which positions are filled;
b.
Determine the procedures to be used in search for suitable applications;
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c.
Determine how the department personnel shall be involved in the selection
process, taking into consideration availability of the department personnel
during the hiring process;
d.
Recognize that the dean and/or chairperson is normally expected to
negotiate with applicants; and
e.
Ensure that the procedures used shall be consistent with board policy and
state and federal regulations.
Appointment Policies
(UWS 10.03, 2/24/94)
Fixed Term
Appointments
1.
Each institution of the system may employ academic staff members on fixed
term appointments. Such appointments shall be for a fixed term to be specified
in the letter of appointment, are renewable solely at the option of the employing
institution, and carry no expectation of reemployment beyond their stated term,
regardless of how many times renewed. The initial fixed term appointment may
include a specified period of time during which the appointee may be dismissed
at the discretion of the authorized official. Such a dismissal is not subject to the
provisions of UWS 11. Unless otherwise specified, fixed term appointments
shall be for a period of one year. Each institution shall develop policies and
procedures for the use of such appointments. The policies and procedures of
each institution shall specifically treat the issue of job security including
appropriate due process protection in the case of non-reappointment for those
fixed term academic staff members who have served the institution for a
substantial period of time. Such policies and procedures shall be formulated so
as to meet the continuing needs of the institution while at the same time
recognizing the employment commitment and contribution to the institution
provided by such fixed term academic staff members.
2.
Indefinite appointments and probationary academic staff appointments shall be
authorized by the chancellor or designee.
(UWS 10.03, 2/24/94)
Indefinite and
Probationary
Academic Staff
Appointments
a.
Probationary academic staff appointments.
1)
Each institution of the system may appoint selected members of the
academic staff to probationary academic staff appointments leading to
review and a decision on an indefinite appointment. Each institution
shall adopt procedures to govern such appointments. These
procedures shall provide for appropriate counting of prior service, for
a maximum probationary period not to exceed seven years for a fulltime position, for annual appraisal of performance, and for an
affirmative review prior to the end of the probationary period
resulting in promotion to an indefinite appointment or termination of
the appointment. A longer maximum probationary period may be
provided for part-time appointees. Unless otherwise specified,
probationary appointments shall be for a period of one year. An
indefinite appointment is not acquired solely because of years of
service.
2)
A leave of absence shall not constitute a break in continuous service,
nor shall it be included in the probationary period under sub. 1).
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3)
Circumstances that do not constitute a break in continuous service and
that shall not be included in the seven-year period include
responsibilities with respect to childbirth or adoption, significant
responsibilities with respect to elder or dependent care obligations,
disability or chronic illness, or circumstances beyond the control of
the academic staff member, when those circumstances significantly
impede the academic staff member's progress toward achieving
indefinite status. It shall be presumed that a request made under this
section because of responsibilities with respect to childbirth and
adoption shall be approved. A request shall be made before an
indefinite status review commences under s. UWS 10.03(2)(a)1. A
request for additional time because of responsibilities with respect to
childbirth or adoption shall be initiated in writing by the academic
staff member concerned and shall be submitted to a designated
administrative officer who shall be authorized to grant a request
following consultation with the academic staff member's supervisor
and who shall specify the length of time for which the request is
granted. Except for a request because of responsibilities with respect
to childbirth and adoption, a request made because of other
circumstances under this section shall be submitted to a designated
administrative officer who shall be authorized to grant a request in
accordance with institutional policies. A denial of a request shall be in
writing and shall be based upon clear and convincing reasons. More
than one request may be granted because of responsibilities with
respect to childbirth or adoption. More than one request may be
granted to a probationary academic staff member but the total,
aggregate length of time of all requests, except for a request because
of responsibilities with respect to childbirth or adoption, granted to
one probationary academic staff member ordinarily shall be no more
than one year. Each institution shall develop procedures for
reviewing the requests.
4)
If any academic staff member has been in probationary status for
more than seven years because of one or more of the reasons set forth
in sub. 2) or 3), the academic staff member shall be evaluated as if he
or she had been on probationary status for seven years.
Example: An academic staff member has been on probationary status
for a total of nine years because the academic staff was granted two
requests under sub. 3) for one-year extensions because of the birth of
two children. The academic staff member's record of performance
shall be evaluated as if the academic staff had only seven years to
work towards achieving indefinite status, rather than as if the
academic staff member had been working towards achieving
indefinite status for nine years.
b.
Indefinite appointment. An indefinite appointment is an appointment with
permanent status and for an unlimited term, granted by the chancellor to a
member of the academic staff. Such an appointment is terminable only for
cause under UWS 11 or for reasons of budget or program under UWS 12.
Such an appointment may be granted to a member of the academic staff
who holds or will hold a half-time appointment or more. The proportion of
time provided for in the initial indefinite appointment may not be
diminished or increased without the mutual consent of the academic staff
member and the institution unless the appointment is terminated or
diminished under UWS 11 or UWS 12. Each institution shall adopt
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procedures to govern indefinite appointments including provisions for
annual appraisal of performance
Appointment Policies
(UW-Stout 10.03, 11/18/2015)
The chancellor shall determine if a position is to be fixed term, probationary, or
indefinite academic staff and then shall make the appropriate appointment.
It is the policy of UW – Stout that, in order to teach any courses at UW – Stout, the
instructional academic staff member must meet the following criteria:
3.
Have a terminal degree relevant to that content they are teaching, OR
4.
Have a degree, relevant to the content they are teaching, that is at least one level
higher than the coursework in which they are providing instruction. For
example, individuals teaching baccalaureate-level coursework should have
minimum of a Master’s degree,
OR
5.
Have a Master’s degree in any field plus 18 additional graduate credits relevant
to the content they are teaching, when teaching baccalaureate-level coursework.
In instances where these criteria are not met, there is an exception process to hire a
person as instructional academic staff if they meet the following criteria for
equivalent experience:
•
Having a degree equivalent to the level they are teaching at, plus five years
of professional experience relevant to the content they are teaching,
including tested/documented experience and advancement or recognition in
the field. Evident should include peer-reviewed publications, documented
recognition of scholarly activity and/or in-depth knowledge specific to the
field of study.
The exception process to hire an instructional academic staff member under these
criteria happens at the point of hire. The ES forms will include a question asking if
an exception is being requested that will be completed by the department chair.
When the Provost and Dean(s) sign off on the paperwork, as part of the regular
recruitment process, this will also serve as the approval for the exception.
Documentation of the review is maintained on the ES form and within personnel
files maintained by the college.
Note: These rules do not apply to graduate assistants, as they never have full
responsibility for a course and are always under the direct supervision of
instructional academic staff.
Performance Review
(See Performance Review
following 10.03(2))
All academic staff appointees shall be subject to an annual performance review as
designated by the human resources office. This review procedure shall assess all
academic staff members' previous twelve months' performance. Each academic staff
member shall be reviewed in the sixth month after the initial appointment and
annually, thereafter. This review will be conducted in accordance with the
performance evaluation procedure of the university and the staff member's
department or functional equivalent. The review shall include a conference with the
supervisor as authorized by the dean or division head. A written evaluation based on
the conference shall be given to the employee by the supervisor within fifteen
calendar days after the conference. The employee shall have fifteen calendar days
after receipt of the written evaluation to respond in writing. Both documents shall be
filed in the employee's official personnel file within fifteen calendar days of receipt
of the employee's response.
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Fixed Term
Appointments
(UW-Stout 10.03 (1))
1.
The initial fixed term contract may contain an evaluation period of no more than
two months, which must be specified in the letter of appointment. Dismissal
during this evaluation period shall be at the discretion of the authorized official
and is not subject to the provisions of UWS 11. Unless otherwise specified,
fixed term appointments shall be for a period of one year.
a.
Fixed term appointments may be used for an academic staff position if (1)
the need for the position is temporary (temporary classification includes
positions under temporary funding, positions filling a leave of absence,
etc.), or (2) the position is less than a 50 percent appointment.
b.
UW-Stout will review annually the type of contract and terms of any
academic staff members who has served more than four years in
consecutive appointments of 50% or more of service to determine the
feasibility of moving such individuals to multiple year appointments. In
making such a determination, the UW-Stout shall consider the continuing
need for the position, funding source, and quality of employee’s
performance. Academic staff with four years in consecutive appointments
of 50% or more of service whose appointments do not provide at least two
year terms shall be given the reasons upon request. Academic staff with six
years or more of service whose appointments do not provide at least three
year terms shall be given the reasons upon request.
c.
Exceptions. The following is the exception process for individuals that
were on a rolling horizon contract prior to July 20, 2016. An adequate
rationale might include, but not be limited to, reasons such as the following:
(1)
(2)
(3)
d.
Probationary and
Indefinite Academic
Staff Appointments
A one- or-two year contract required because grants or self-sustaining
funding sources are not assured beyond that period. Academic staff
employed as a result of long-term grants may, however, be offered
contracts for the years within the grant period and nothing precludes
their being hired indefinitely on grant contracts.
The position will continue for only one or two more years. This
reason can be used only once.
A probationary/indefinite contract can be granted for an instructional
academic staff position as an exception when the position requires
instruction in a highly sophisticated or specialized area in which
expertise is more likely to be gained by industry experience than by
academic preparation.
Commencing with the sixth year, a nonreappointed fixed term academic
staff member shall be given reasons upon request and the decision
reconsidered by the body and/or official making the recommendation with
grievance procedures available to the individual if he or she feels the
decision was inappropriate. Those grievance procedures are outlined in
UW-Stout 13.02.
All appointments other than those described in UW-Stout 10.03 (1)(a) shall be
probationary or indefinite.
(UW-Stout 10.03 (2))
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Probationary
Appointments
1.
A probationary academic staff appointment is one leading to review for
indefinite appointment. Unless otherwise specified, probationary appointments
shall be for a period of one year. Prior service may be counted in the
probationary period at the discretion of the appointing officer, and the letter of
appointment must clearly state the amount of prior service to be counted.
Regardless of the percentage of the appointment, the probationary period at
University of Wisconsin-Stout shall not exceed seven consecutive years. A
leave of absence shall not constitute a break in service, nor shall it be included in
the probationary period. Under exceptional circumstances, a probationary staff
member may resign his/her probationary appointment to accept a fixed term
appointment with different duties, with the approval of the chancellor and after
consultation with the appropriate personnel committee. (See Appointment
Policies, UWS 10.03.)
Indefinite
Appointments
2.
An indefinite appointment is an appointment with permanent status and for an
unlimited term. An indefinite appointment is not acquired solely by years of
service, but is the result of an affirmative review process described in UW-Stout
10.03 (3). The following conditions shall apply:
a.
An indefinite appointment may be granted to a member of the academic
staff who holds or will hold a half-time appointment or more. The time,
whether full-time or proportionate, provided for in the initial indefinite
appointment may not be diminished or increased without the mutual
consent of the academic staff member and the appointing official.
b.
An indefinite appointment shall be effective upon receipt of the
appointment letter from the chancellor or in his absence, the division
administrator. An indefinite appointment is terminable only for cause under
UW-Stout 11 or for reasons of budget or program under UW-Stout 12.
All academic staff members shall have an official personnel file established
in the human resources office.
Affirmative Review
Leading to Indefinite
Appointment
1.
A decision on indefinite appointment must be made at least twelve (12) months
prior to the end of probationary service. An affirmative review must be held to
consider such an appointment. A review must be held to consider such an
appointment and an affirmative decision is necessary prior to obtaining
indefinite status. The probationary academic staff member must receive written
notice of the review conference at least thirty (30) calendar days prior to the
conference. The academic staff member may review his/her official personnel
file and may submit additional written material to be considered at the review
conference.
2.
The review conference to consider appointment to indefinite status shall be held
between the candidate and his/her immediate supervisor. The purpose of this
conference is to provide an opportunity for both the academic staff member and
the immediate supervisor to review and discuss information regarding
qualification, performance, and other factors relating to the recommendation.
3.
The recommendation of the authorized official shall be forwarded to the dean or
unit administrator within five calendar days of the conference. The dean or unit
administrator shall decide to accept or reject the recommendations and shall
forward all recommendations to the division administrator for final approval.
The academic staff member under review shall be notified of the decision in
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writing within ten calendar days of the conference. If requested within five
calendar days, the reasons for recommendation against indefinite appointment
shall be forwarded in writing to the person under review within twenty (20)
calendar days after the request.
4.
Process for Reviewing
Probationary
Academic Staff for
Potential Conversion
to Indefinite Status
(3/29/93)
If indefinite status is not approved, the probationary academic staff member's
employment is terminated at the completion of his/her probationary
appointment.
The supervisor of each probationary employee will compile and retain an ongoing
file for that employee for the entire probationary period. Four months before the
decision date for indefinite status, the supervisor will forward the file to the division
administrator. The division administrator will, within two months of receipt of the
file, forward to the chancellor who will make the final decision on indefinite status.
The file will then be returned to the human resources office where it will be
permanently retained.
Document
Responsible Party
Items which must be in the file include:
•
•
•
•
A description of where the individual fits into
the department profile along with a department
and division organizational chart
Copies of annual performance evaluations
Current position description
A written statement of the rationale for
conferring indefinite status on the individual
Supervisor and
division
administrator
Supervisor
Supervisor
Division
administrator
Items that are optional at the discretion of the division administrator include:
•
•
•
•
•
•
•
Initial position description
Funding source by year (form)
Academic staff titling surveys
Current list of professional activities
Resume/VITA (most recent version)
Examples of work (no more than about six
documents)
Solicited and unsolicited input from contacts
concerning the value and quality of the
employee's work (no more than about six examples).
Supervisor
Supervisor *
Supervisor *
Employee
Employee
Employee and
supervisor
Supervisor and
employee
* May be requested from the human resources office
Workload
Expectations for
Instructional
Academic Staff
(SAS Resolution #16-17-010
01/25/2017)
In general, the full-time academic year instructional workload is 30 credits
(including any reassigned time) for instructional academic staff (IAS).
e.
No instructional academic staff member should be required to teach more than
30 credits per academic year.
f.
IAS instructional workload may be determined on a points basis* for those areas
where contact hours do not match credit hours. When workload is determined
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based on points, departments and deans need to ensure that these arrangements
are financially sustainable based on class size and other factors.
g.
In general, the points system is not intended to reduce loads for IAS by more
than two, three-credit courses per individual for the academic year, when
compared with the general full-time workload of 30 credits for IAS.
An exception to this workload, based on contact hours and student credit hours must
be approved by the dean.
*In general, in the points System, a full-time instructional load for IAS is 60 points
for the year, with a minimum of eight three-credit classes (24 credits) per academic
year.
• No IAS member with a minimum load of eight three-credit classes per academic
year (24 credits) should be required to teach more than the equivalent of 60
points per academic year.
•
Definition of
Meritorious
Performance for
Unclassified
Personnel
(UW-Stout Task Force, 12/18/73)
Courses taught are allocated 1 point per credit, plus 1 point per hour of
instruction. Online courses are allocated 2 points per credit hour. Reassigned
time is allocated 2 points per credit hour.
Quality of performance as one functions in a job may be viewed as a continuum
which ranges from less than adequate performance to meritorious performance.
MERITORIOUS PERFORMANCE IS FUNCTIONING WITHIN ONE'S JOB
DESCRIPTION IN AN EXEMPLARY, PRAISEWORTHY MANNER. It is a
quality of performance which is desirable to reinforce and which would be perceived
by supervisors, peers, colleagues, and publics served as outstanding, exceptional, or
excellent.
Meritorious performance is a perceived quality. It is measured in objective as well
as subjective ways. The perceptions will stem from assessment techniques such as
observations, mental reactions, evaluation instruments, discussions, feedback, and
written materials.
The following are essential concepts and elements necessary to judge meritorious
performance.
1.
Job descriptions defined by the university and refined by units of structure
within the university (schools, departments, etc.), supervisors, faculty members,
and other appropriate personnel are essential. The description must include
functional responsibilities and performance expectations relative to those
functions. The descriptions must show a basis of commonality for similar
positions, yet they must be refineable for specific personnel and specific
positions. Functions within each job description should be viewed in their
relationship to facilitation of learning or delivery of service, continuing
professional development, and educational community membership.
2.
Meritorious performance must be achievable within one's position description.
3.
Meritorious performance must be attainable for each individual member,
regardless of how other members have been judged in their roles.
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Evaluation of the
Performance of
Noninstructional
Academic Staff
(Approved 9/11/91-Senate of
Academic Staff)
(Approved 11/11/91-Chancellor)
4.
Meritorious performance is reinforceable not only in a monetary way. It also
can be rewarded through oral and written recognition, special assignments,
provision for personal growth, etc.
5.
The responsibility for assessing performance rests with one's immediate
supervisor with input from others such as the person's peers, colleagues, publics
served, and other supervisory/administrative personnel.
Performance evaluation of each academic staff member is completed annually. The
goals of performance evaluation for academic staff are to aid in assessing the present
performance of an individual and strengthening that performance, as an instrument in
planning decisions; to assist in making certain personnel decisions; and to assist in
determining merit salary increases where appropriate.
Chapter 36.09(4m) of the Wisconsin Statutes (See Chapter I of this Handbook)
defines a "professional appointment" as "an academic staff appointment for a fixed
or indefinite term granted to a professional employee who is involved in the
guidance or counseling of students, assisting the faculty in research, public service or
in the instruction of students or who is involved in other professional duties which
are primarily associated with institutions of higher education . . ."
The Statutes also recognize the rights and responsibilities of academic staff in
institutional governance.
Meritorious performance is defined earlier in this chapter as "functioning within
one's position description in an exemplary, praiseworthy manner." It also states that
1) the position description "must include functional responsibilities and performance
expectations relative to those functions," 2) "meritorious performance must be
achievable within one's position description," and 3) requires that "meritorious
performance must be attainable for each individual member, regardless of how other
members have been judged in their roles."
Noninstructional academic staff are normally hired to perform specific functions
within the broad categories of research or service that are specified in their position
description. Since a position description is the basis for the evaluation process, it is
recommended that each noninstructional academic staff member meet with his/her
immediate supervisor at the beginning of the evaluation period to discuss the current
written position description and to jointly agree (in writing) upon performance goals
necessary to achieve a meritorious performance rating. A progress conference
should be held during the evaluation period to discuss progress toward goals,
significant changes that may have occurred including, but not limited to, grants
received, changes in responsibilities, and other areas of mutual concern. If changes
are significant, goals should be reevaluated.
The process to be followed for the evaluation of the performance of academic staff
is:
1.
Each dean and division administrator is charged with organizing academic staff
under his/her supervision to develop a system that will provide appropriate data
for evaluating the performance of each employee. The system(s) may be
different for the various sub units.
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2.
The basis for performance evaluation will be the "Definition of Meritorious
Performance."
3.
Various kinds of data from sources who are in a position to know of the
employee's performance will be used in making evaluations. Examples include
peer ratings, supervisor's ratings and input from users of services.
4.
Annual performance evaluation ratings shall be assigned by the employee's
immediate supervisor. Evaluations should be characterized as professional
judgments based on appropriate data. When a split assignment provides an
employee with two immediate supervisors, each will make an evaluation.
5.
Each evaluation, including data on which the rating was based, will be reviewed
by the next broader level supervisor. If the rating is confirmed at this level,
there will generally be no further review.
6.
Support data, on which the rating is assigned, will be retained by the immediate
supervisor for a five-year period.
7.
A standard form distributed by the human resources office will be used to report
evaluations. It is required that a written summary of performance be provided
for each employee, regardless of the rating assigned. Space shall also be
provided for the immediate supervisor to address strengths of the individual as
well as areas in need of improvement. Each employee evaluated will be asked
to sign the form in recognition that he/she has seen the rating and written
comments.
8.
The following three ratings will be used:
a.
Performance is judged to be above the range acceptable for this position.
b.
Performance is judged to be well within the range acceptable for this
position.
c.
Performance is judged to be below that in the range acceptable for this
position.
No percentages of each rating are specified, either by unit or for the total
university. The purpose is to produce a valid assessment of each employee's
annual performance. To simplify the process and to provide consistency of
approach, it may be advisable to assume the following point of view: In using
data to determine a performance rating, the supervisor should look for
exceptional aspects of performance (either good or poor). If the data do not
contain evidence of such, it may be assumed that the person is performing
within the acceptable range of his/her position.
9.
Evaluations must be delivered to the human resources office by early February.
Based upon this deadline, information will generally deal with an employee's
performance during Semester II of the previous academic year, the Summer
Session, and Semester I of the current year.
Thus, the following schedule applies:
a.
Immediate supervisor's rating assigned and delivered to the unit
director/administrator on or before second week in January.
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b.
Evaluation of the
Performance of
Instructional
Academic Staff
(Approved 9/11/91-Senate of
Academic Staff)
(Approved 11/11/91-Chancellor)
Unit director's review, comment, and approval completed and delivered to
the division administrator's office on or before February 1.
Performance evaluation of each unclassified staff member is completed annually.
The goals of performance evaluation are to aid in assessing the present performance
of an individual and strengthening that performance, as an instrument in planning for
professional development; to assist in making certain personnel decisions; and to
assist in determining merit salary increases where appropriate.
Chapter 36.09(4m) of the Wisconsin Statutes (See Chapter I of this Handbook)
defines a "professional appointment" as "an academic staff appointment for a fixed
or indefinite term granted to a professional employee who is involved in the
guidance or counseling of students, assisting the faculty in research, public service or
in the instruction of students or who is involved in other professional duties which
are primarily associated with institutions of higher education . . ."
The Statutes also recognize the rights and responsibilities of academic staff in
institutional governance.
The definition of meritorious performance, describes the process for student
evaluation/observation of instruction. Included in this chapter is (a) the regent policy
which makes student evaluation mandatory; (b) the statement that the student has
the right to decide if he/she wishes to sign the evaluation/observation and further
states that an instructor may not see the evaluations until grades have been received
by the registrar; and (c) the UW-Stout policy which describes the process used at
UW-Stout giving departments the right to develop certain guidelines for the
evaluation/observation of instruction. The UW-Stout policy also states that ". . .
students can provide valuable observations of the classroom experience. However,
the individual, professional colleagues, and immediate supervisors are in the best
position to evaluate the total learning experience which includes . . . effectiveness in
the classroom."
Meritorious performance is defined as "functioning within one's position description
in an exemplary, praiseworthy manner"; and states that the position description
"must include functional responsibilities and performance expectations relative to
these functions."
In addition, "meritorious performance must be achievable within one's position
description," while a third policy requires that "meritorious performance must be
attainable for each individual member, regardless of how other members have been
judged in their roles."
Instructional academic staff are normally hired to teach courses that are specified in
their position description, not to perform service and research also. Since a position
description is the basis for the evaluation process, it is recommended that each
instructional academic staff member meet with his/her department chair at the
beginning of the evaluation period to discuss the current written position description
and to jointly agree (in writing) upon performance goals necessary to achieve a
meritorious performance rating. A progress conference should be held during the
evaluation period to discuss progress toward goals, significant changes that may
have occurred including, but not limited to changes in teaching load, changes in
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responsibilities, and other areas of mutual concern. If changes are significant, goals
should be reevaluated.
The process to be followed for the "evaluation of the performance of academic staff"
is:
1.
Each dean is charged with organizing academic staff under his/her supervision
to develop a system that will provide appropriate data for evaluating the
performance of each employee. The system(s) may be different for the various
sub units.
2.
The basis for performance evaluation will be the "definition of meritorious
performance."
3.
Various kinds of data from sources who are in a position to know of the
employee's performance will be used in making evaluations. By regent policy
(#74-13), this must include student evaluations for all teaching personnel.
4.
Annual performance evaluation ratings shall be assigned by the employee's
immediate supervisor (department chair). Evaluations should be characterized
as professional judgments based on appropriate data. When a split assignment
provides an employee with two immediate supervisors, each will make an
evaluation.
5.
Each evaluation, including data on which the rating was based, will be reviewed
by the next broader level supervisor. If the rating is confirmed at this level,
there will generally be no further review.
6.
Support data, on which the rating is assigned, will be retained by the immediate
supervisor for a five-year period.
7.
A standard form distributed by the human resources office will be used to report
evaluations. It is required that a written summary of performance be provided
for each employee, regardless of the rating assigned. Space shall also be
provided for the immediate supervisor to address strengths of the individual as
well as areas in need of improvement. Each employee evaluated will be asked
to sign the form in recognition that he/she has seen the rating and written
comments.
8.
The following three ratings will be used:
a.
Performance is judged to be above the range acceptable for this position.
b.
Performance is judged to be well within the range acceptable for this
position.
c.
Performance is judged to be below that in the range acceptable for this
position.
No percentages of each rating are specified, either by unit or for the total
university. The purpose is to produce a valid assessment of each employee's
annual performance. To simplify the process and to provide consistency of
approach, it may be advisable to assume the following point of view: In using
data to determine a performance rating, the supervisor should look for
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exceptional aspects of performance (either good or poor). If the data do not
contain evidence of such, it may be assumed that the person is performing
within the acceptable range of his/her position.
It is recommended that, in order to objectively complete a performance evaluation
for an instructional academic staff member, the following guidelines be followed.
1.
The position description, which is reviewed and updated annually through a
meeting that includes both the staff member and his/her immediate supervisor,
shall include:
a.
Language that details the courses and sections to be taught.
b.
The extent to which the academic staff member shall be involved with
course development.
2.
Peer evaluation shall be encouraged.
3.
Academic staff member shall complete a self-evaluation based upon the position
description as agreed upon with immediate supervisor.
4.
Immediate supervisors shall evaluate academic staff only on responsibilities
listed in the position description using a variety of data. The supervisor is
encouraged to:
a.
Observe instructor in the classroom setting.
b.
Utilize peer evaluation.
c.
Solicit informal student comments as well as required student evaluations.
d.
review required student evaluations using the following criteria:
1)
2)
3)
5.
Is the course required or elective
What is the level of the course
The class size
Evaluations must be delivered to the human resources office by early February.
Based upon this deadline, information will generally deal with an employee's
performance during Semester II of the previous academic year, the Summer
Session, and Semester I of the current year.
Thus, the following schedule applies:
Nonrenewal of
Probationary
1.
a.
Department chairperson's rating assigned and delivered to the dean on or
before the second week in January.
b.
Dean's review, comment, and approval completed and delivered to the
division administrator's office on or before February 1.
Each institution shall establish procedures for dealing with instances where
probationary academic staff are not renewed. Nonrenewal is not a dismissal
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under UWS 11. A nonrenewed member of the academic staff shall be provided
with an opportunity to request and to receive, in writing, the reasons for
nonrenewal and to receive a review of the decision upon written appeal by the
academic staff member concerned within 20 days of notice of nonrenewal (25
days if notice is by first class mail and publication). The hearing body may be
either an appropriate committee or a hearing examiner as designated in the
institutional procedures. Such review shall be held not later than 20 days after
the request, except that this time limit may be extended by mutual consent of the
parties or by order of the hearing body. The burden of persuasion in such a
review shall be on the nonrenewed appointee and the scope of the review shall
be limited to the question of whether the decision was based in any significant
degree upon one or more of the following factors, with material prejudice to the
individual:
Academic Staff
Appointments
(UWS 10.04, 11/1/75)
a.
Conduct, expressions, or beliefs which are constitutionally protected, or
actions which are consistent with an appropriate professional code of ethics;
b.
Employment practices prescribed by applicable state or federal law; or
c.
Improper consideration of qualifications for reappointment or renewal. For
purposes of this section, "improper consideration" shall be deemed to have
been given to the qualifications of a staff member in question if material
prejudice resulted because of any of the following:
(1)
(2)
(3)
Nonrenewal of
Probationary
Academic Staff
Appointments
(UW-Stout 10.04)
The procedures required by the chancellor or board 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.
2.
Findings as to the validity of the appeal shall be reported to the official making
the nonrenewal decision and to the appropriate dean or director and the
chancellor.
3.
Such report may include remedies which may, without limitation because of
enumeration, take the form of a reconsideration by the decision maker, a
reconsideration by the decision maker under instructions from the hearing body,
or a recommendation to the next higher administrative level. Cases shall be
remanded for reconsideration by the decision maker in all instances unless the
hearing body specifically finds that such a remand would serve no useful
purpose. The hearing body shall retain jurisdiction during the pendency of any
reconsideration.
1.
Nonrenewal is not a dismissal under UW-Stout 11. A nonrenewed member of
the probationary academic staff shall be provided an opportunity to request, and
to receive in writing the reasons for nonrenewal and to receive a review of the
decision upon written appeal by the academic staff member concerned within
twenty (20) calendar days of the notice of nonrenewal; twenty-five (25) calendar
days if notice is by first class mail and publications.
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The academic staff personnel committee will constitute the hearing body under
procedures outlined in UW-Stout 11.04. Such review shall be held not later than
twenty (20) calendar days after the request, except that this time limit may be
extended by the mutual consent of the parties, or by order of the hearing body.
The burden of persuasion in such a review shall be on the nonrenewed appointee
and the scope of the review shall be limited to the question of whether the
decision was based in any significant degree upon one or more of the following
factors with material prejudice to the individual:
a.
Constitutionally protected conduct, expressions, or beliefs or actions which
are consistent with an appropriate professional code of ethics, or
b.
Employment practices prescribed by applicable state or federal law, or
c.
Improper consideration of qualifications for reappointment or renewal. For
purposes of this section, "improper consideration" shall be deemed to have
been given to the qualifications of a staff member in question if material
prejudice resulted because of any of the following:
(1)
(2)
(3)
Notice
(UWS 10.05, 11/1/75)
The procedures required by the board of regents or the chancellor
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.
2.
Findings shall be reported to the official making the nonrenewal decision and to
the appropriate dean or director and the chancellor.
3.
Such report may include remedies which may, without limitation because of
enumeration, be a reconsideration by the decision maker, a reconsideration by
the decision maker under directions from the academic staff personnel
committee, or a recommendation to the next higher administrative level. Cases
shall be remanded for reconsideration by the decision maker in all instances
unless the academic staff personnel committee specifically finds that such a
remand would serve no useful purpose. The academic staff personnel
committee shall retain jurisdiction during the pendency of any reconsideration.
1.
Written notice that a fixed term or probationary academic staff appointment will
not be renewed shall be given to the appointee in advance of the expiration of
the appointment as follows:
a.
Fixed term appointments: At least three months before the end of the
appointment in the first two years and six months thereafter. When the
letter of offer for a fixed term appointment states that renewal is not
intended, no further notice of nonrenewal is required.
b.
Probationary appointments: At least three months before the end of the
appointment in the first year; six months before the end of the appointment
in the second year; and twelve months thereafter.
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Notice
2.
If proper notice of nonrenewal is not given in accordance with subsection (1),
the appointment shall be extended so that at least the required notice is provided.
3.
The policies and procedures of each institution may provide for longer notice
periods for teaching members of the academic staff. Unless specifically
enumerated in the institutional policies and procedures, the above provisions
shall govern.
1.
Notice that a fixed term or probationary academic staff appointment will not be
renewed shall be given in writing to the appointee prior to the expiration of the
appointment.
(UW-Stout 10.05)
a.
Fixed term appointees shall be notified at least three (3) months before the
end of the appointment in the first two (2) years, six (6) months in the third
year, and one (1) year thereafter. When the letter of offer for a fixed term
appointment states that renewal is not intended, no further notice of
nonrenewal is required.
b.
Probationary appointments
(1)
(2)
2.
New probationary appointees shall be notified at least three (3)
months before the end of the appointment in the first year; six (6)
months before the end of the appointment in the second year; and
twelve (12) months thereafter.
Converted appointments: In instances in which an academic staff
member is converted from a fixed term to a probationary
appointment, written notice of a nonrenewal of the probationary
appointment must be given to the academic staff member at least six
(6) months prior to the end of the appointment in the first year and
twelve (12) months thereafter.
If proper notice of nonrenewal is not given in accordance with item 1 above, the
appointment shall be extended so that at least the minimum required notice is
provided.
DISMISSAL OF ACADEMIC STAFF FOR CAUSE
Dismissal for Cause-Indefinite Academic
Staff Appointments
(UWS 11.01, 11/1/75)
1.
A member of the academic staff holding an indefinite appointment may be
dismissed only for just cause under sections UWS 11.02 through 11.10 or for
reasons of budget or program under UWS 12.
2.
The board's policy is that 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.
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Responsibility for
Charges
1.
Whenever the chancellor of an institution receives an allegation which concerns
an academic staff member holding an indefinite appointment which appears to
be substantial and which, if true, might lead to dismissal under UWS 11.01, the
chancellor shall request within a reasonable time that the appropriate dean or
director investigate the allegation, offer to discuss it informally 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 director 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 and the subsequently adopted
procedures of the institution. If the staff member does not request a hearing,
dismissal action shall proceed along normal administrative lines but the
provisions of UWS 11.02, 11.08, and 11.09 shall apply. In those cases where
the immediate supervisor of the academic staff member concerned is a dean or
director, the chancellor shall, to avoid potential prejudice, designate an
appropriate administrative officer to act for the dean or director under this
section.
2.
Any formal statement of specific charges shall be served personally or by
certified mail, return receipt requested. If such service cannot be made within
20 days, service shall be accomplished by first class mail and by publication as
if the statement of charges were a summons and the provisions of 262.06(1) (c),
Stats., [sic] were applicable. Such service by mailing and publication shall be
effective as of the first insertion of the notice of statement of charges in the
newspaper.
1.
The chancellor of each institution shall provide for a hearing body charged with
hearing dismissal cases and making a report and recommendations under this
chapter. Throughout this chapter, the term "hearing body" is used to indicate
either a hearing committee or a hearing examiner as designated in the
institutional procedures. This hearing body shall operate as the hearing agent
for the chancellor pursuant to 227.12, 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 UWS 11.07.
2.
With the concurrence of the faculty and academic staff advisory committee of
each institution, the chancellor may provide that dismissal for cause of a
member of the academic staff having teaching responsibilities may be heard by
the hearing body specified in UWS 4.03. If so provided, the hearing shall be
held pursuant to the provisions of chapter UWS 11.
(UWS 11.02, 11/1/75)
Hearing Body
(UWS 11.03, 11/1/75)
Hearing
(UWS 11.04, 11/1/75 )
If the staff member requests a hearing within 20 days from the service of the
statement of charges (25 days if notice is by first class mail and publication), such
hearing shall not be held later than 20 days after the request, except that this time
limit may be extended by mutual consent of the parties or by order of the hearing
body. The request for a hearing shall be addressed in writing to the hearing body
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established pursuant to UWS 11.03. Service of written notice of hearing on the
specific charges shall be provided at least 10 days prior to the hearing.
Adequate Due Process 1. Each institution shall develop policies and procedures to provide for a fair
hearing upon request in the event of dismissal. A fair hearing for an academic
staff member whose dismissal is sought under UWS 11.01 shall include the
following:
(UWS 11.05, 11/1/75 )
(Rev. 10/1/08-Senate of
Academic Staff:
Approved 11/5/08-Chancellor)
a.
A right to the names of witnesses and of access to documentary evidence
upon the basis of which dismissal is sought;
b.
A right to be heard in his or her defense;
c.
A right to counsel and/or other representative, and to offer witnesses.
Representatives or consuls may attend for consultation but may not speak
for any party at the hearing;
d.
Testimony at the hearing is to be directly relevant to the alleged incident;
e.
A right to confront and cross-examine adverse witnesses;
f.
The hearing should be completed within a three-hour frame;
g.
A verbatim record of all hearings, which might be a sound recording,
provided at no cost;
h.
Written findings of fact and decision based on the hearing record;
i.
Admissibility of evidence governed by section 227.10, Stats.
Adequate Due Process 1. Upon service of a formal statement of specific charges pursuant to UWS 11.02,
the staff member may request a hearing before the academic staff personnel
committee. The request for a hearing must be made within 20 days from the
date of service of the statement of charges, or within 25 days if service is by first
class mail and publication.
(UW-Stout 11.05)
2.
Upon receipt of a hearing or appeal request, directed to the academic staff
personnel committee, the chairperson shall call a meeting of the full membership
and conduct a meeting at which five members will be selected to adjudicate the
particular case. This subcommittee shall be known as a "hearing committee."
Members of the academic staff personnel committee may disqualify themselves
from consideration as hearing committee members due to bias. The parties
involved may also request that specific committee members be disqualified.
The remaining members of the academic staff personnel committee shall affirm
a disqualification request by majority vote as specified in UWS 11.06 2.a.
The composition of the hearing committee shall in no way compromise the
provisions of UWS 11.06 1.a.
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The first order of business of the hearing committee shall be to elect a
chairperson. The second order of business shall be to request legal counsel as
provided under UWS 11.06 2.b. The third order of business shall be to request
the chancellor to provide personnel in order to record the proceedings in
accordance with UWS 11.05 1.e. and f.
Procedural
Guarantees
3.
The hearing will proceed under provisions of UWS 11.04, UWS 11.05, and
UWS 11.06. Notwithstanding UWS 11.06 1.b., the final deliberation of the
hearing committee shall be in closed meeting as provided by Subchapter IV,
Chapter 19, Stats. The hearing committee will allow for a minority report in all
of its recommendations. The hearing committee's recommendations and the
consideration thereof will proceed as specified in UWS 11.07.
1.
The following requirements shall also be observed:
(UWS 11.06, 11/1/75 )
2.
a.
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;
b.
The hearing shall be closed unless the staff member under charges requests
an open hearing, in which case it shall be open (see 66.77 Stats., Open
Meeting Law);
c.
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;
d.
The burden of proof of the existence of just cause is on the administration
or its representatives;
e.
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;
f.
Nothing in paragraph (e) 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;
g.
Adjournments shall be granted to enable either party to investigate evidence
as to which a valid claim of surprise is made;
If the institutional policies and procedures provide that dismissal cases be heard
by a hearing committee, the following requirements shall be observed:
a.
The committee may, on motion of either party, disqualify any one of its
members for cause by a majority vote. If one or more of the hearing
committee members disqualify themselves or are disqualified, the
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remaining members may select a number of replacements equal to the
number who have been disqualified to serve, except that alternative
methods of replacement may be specified in the policies and procedures
adopted by the institution;
b.
Recommendations:
To the Chancellor
(UWS 11.07, 11/1/75 )
Recommendations:
To the Chancellor
(UW-Stout 11.07)
Suspension from
Duties
(UWS 11.08, 11/1/75 )
Date of Dismissal
(UWS 11.09, 11/1/75 )
Board Review
(UWS 11.10, 11/1/75 )
If the hearing committee requests, the chancellor shall provide legal counsel
after consulting with the committee concerning its wishes in this regard.
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.
The hearing body shall send to the chancellor and to the academic staff member
concerned, as soon as practicable after 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 if 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, upon request of the academic staff member, grants review based on the
record.
Upon completion of the hearing, the academic staff personnel committee shall
submit its report and recommendations to the chancellor within fourteen (14)
calendar days. Following his/her review, the chancellor shall issue a decision. If
that decision is for dismissal, the academic staff member may appeal to the board of
regents under specifications UWS 11.07 and UWS 11.10.
Pending the final decision as to dismissal, the academic staff member with an
indefinite appointment shall not be relieved of duties, except where, after
consultation with the appropriate administrative officer, the chancellor finds that
substantial harm may result if the staff member is continued in his or her position.
Where such determination is made, the staff member may be relieved of his or her
position immediately, or be assigned to another administrative unit, but his or her
salary shall continue until the chancellor makes a decision as to dismissal.
A decision by the chancellor ordering dismissal shall specify the effective date of the
dismissal.
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.
Any appeal must be made within 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 review the board may confirm the chancellor's decision, or direct a
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different decision, or approve a further hearing before the board with an opportunity
for filing exceptions to the hearing body'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 66.77, 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.
Dismissal for Cause-Fixed Term or
Probationary
Academic Staff
Appointments
(UWS 11.11, 11/1/75)
Dismissal for Cause-Teaching Members of
the Academic Staff
(UWS 11.12, 11/1/75 )
A member of the academic staff holding a probationary appointment, or a member of
the academic staff holding a fixed term appointment and having completed an initial
specified period of time, may be dismissed prior to the end of the contract term only
for just cause or for reasons of budget or program under UWS 12. A nonrenewal of
such 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 director or his/her designee. If such a hearing is requested, a
determination of just cause and notification of dismissal shall be made by the dean or
director or designee. If no hearing is requested, the dismissal is effected by the
specifications in the original notification of charges. The hearing before the dean,
director or designee 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
director or designee unless a different dismissal date is specified by the dean or
director. Dismissals for cause shall be appealable by filing an appeal with the
hearing body established under section UWS 11.03. The burden of proof as to the
existence of just cause on appeal shall be on the administration or the authorized
official. The provisions of section UWS 11.04, procedural guarantees, contained in
sections UWS 11.05 and 11.06 and the review provisions of section UWS 11.07,
shall be applicable to 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 director,
the chancellor shall, to avoid potential prejudice, designate an appropriate
administrative officer to act for the dean or director under this section.
The policies and procedures of each institution may provide that dismissal for cause
of a member of the academic staff having teaching responsibilities and holding a
probationary appointment or a fixed term appointment may proceed under UWS
11.02 to 11.10. If the institutional policies and procedures do not specifically make
such provisions, dismissal for cause shall be made pursuant to UWS 11.11.
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Dismissal for Cause-Teaching Members of
the Academic Staff
(UW-Stout 11.12)
It will be the policy of the University of Wisconsin-Stout that dismissal for cause
proceedings pending against any fixed term or probationary academic staff member
having teaching responsibilities, shall follow such procedures as outlined in UWS
11.02 through UWS 11.10.
LAYOFF OF ACADEMIC STAFF FOR REASONS OF BUDGET OR PROGRAM
General
(UWS 12.01, 11/1/75 )
General
(UW-Stout 12.01)
Notwithstanding 36.15, Stats., and UWS 10 and 11, the chancellor of each institution
or designee may lay off a member of the academic staff holding an indefinite
appointment, or may lay off 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. Consistent with
the limitation of academic staff appointments to an operational area, each institution
shall establish policies and procedures which will ensure careful consideration of
layoff decisions for reasons of budget or program. The institutional policies and
procedures should recognize the constraints imposed on institutional response to an
unanticipated cancellation of a contract or grant or to an unanticipated decline in an
income account supporting a particular activity. The institutions should take such
constraints into account in designing the nature and timing of the consultation
appropriate to such circumstances. The institution's policies and procedures may
provide as needed the alternative forms of consultation appropriate to differences in
the sources of funds for various programs or activities, or differences in the timing of
information concerning a decline in resources for particular programs or activities.
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, committees, or committee representatives as may be specified by
institutional policies and procedures as appropriate for such purposes. 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 probationary academic staff
appointment under UWS 10.04, or a fixed term appointment, even if for financial
reasons, is not a layoff for reasons of program or budget.
Decisions to lay off for reasons of budget or program changes shall not be made
without consultation with the academic staff personnel committee, the appropriate
supervisor of the operational area, and such other institutional committees and
individuals as the chancellor deems appropriate.
In all cases of pending layoff decisions, the chancellor shall require that the
following considerations be investigated:
1.
Identification of alternative methods of budget reduction,
2.
Determine whether reductions in academic staff positions can be made with less
detriment to UW-Stout's ability to fulfill its mission than would follow from
reasonable alternative courses of action,
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Layoff
(UWS 12.02, 11/1/75 )
Individual Layoff
Decision
(UWS 12.03, 11/1/75 )
Individual Layoff
Decision
(UW-Stout 12.03)
Hearing Body
(UWS 12.04, 11/1/75 )
3.
Determine if specific programs may be funded at a level which could be
reduced,
4.
Evaluate the program review system to determine whether some graduate or
undergraduate programs may be endangered,
5.
Review the long range planning system to ascertain where programs fit within
the university's planning expectations.
For the purpose of this chapter, "layoff" is the suspension 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 UWS 12.07 through 12.11, inclusive. For the
purposes of section 36.21, Stats., termination occurs at the time of layoff.
When a reduction in program of a particular operational 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 dictate other considerations (e.g., the need to
maintain specific expertise within the program or operational area). The standard
notice periods specified in UWS 10.05 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. Indefinite appointees
shall have 12 months' notice of layoff for reasons of budget or program, unless there
are compelling reasons to the contrary.
When the reduction of a program is required, layoffs of academic staff members with
indefinite, probationary, or fixed term appointments should normally follow seniority
based on length of service as academic staff at UW-Stout. The standard notice
periods specified in UW-Stout 10.05 should be used unless there are compelling
reasons to the contrary.
The chancellor of each institution shall provide for a hearing body for the purposes
of this chapter. Throughout this chapter the term "hearing body" is used to indicate
either a hearing committee or a hearing examiner as designated in the institutional
procedures. This hearing body shall operate as the hearing agent for the chancellor
pursuant to 227.12, 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 findings of fact and decision to the chancellor.
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Hearing Body
(UW-Stout 12.04)
Review and Hearings
for Indefinite
Appointments
The hearing body for the purposes of this chapter shall be the academic staff
personnel committee. The academic staff personnel committee shall conduct a
hearing in accordance with procedures outlined in UWS 12.04 and UWS 12.05.
1.
(UWS 12.05, 11/1/75 )
2.
3.
An academic staff member with an indefinite appointment whose position is to
be eliminated shall be notified in writing and shall, upon request made within 20
days after such notification, be given a written statement of the reasons for the
decision within 15 days, including a statement of the reasons for the
determination that the budgetary or program needs should be met by curtailing
or discontinuing the program in which the individual concerned works.
If
the academic staff member requests in writing within 20 days after receipt of
said statement, he or she shall be entitled to a hearing before the hearing body.
However, such a request for hearing shall not forestall a layoff under this
section.
a.
The request for hearing shall specify the grounds to be used in establishing
the impropriety of the decision.
b.
The staff member shall be given at least 10 days notice of such hearing.
Such hearing shall be held not later than 20 days after the request except
that this time limit may be extended by order of the hearing body. Anyone
who participated in the decision to lay off or who is a material witness shall
not serve on the hearing body.
The academic staff member shall have access to the evidence on which the
administration intends to rely to support the decision to lay off and shall be
guaranteed the following minimal procedural safeguards at the hearing:
a.
A right to be heard in his or her defense;
b.
A right to counsel and/or other representatives, and to offer witnesses.
Representatives or consuls may attend for consultation but may not speak
for any party at the hearing;
c.
A right to confront and cross-examine adverse witnesses;
d.
A verbatim record of all hearings, which might be a sound recording,
provided at no cost;
e.
Written findings of fact and decision based on the hearing record;
f.
Admissibility of evidence governed by 227.10, Stats.;
g.
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
66.77, Stats., Open Meeting Law);
h.
Adjournments shall be granted to enable either party to investigate evidence
as to which a valid claim of surprise is made.
If the institutional policies and procedures provide that the review and hearing
be conducted by a committee, the following requirements shall be observed:
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4.
a.
The committee may, on motion of either party, disqualify any one of its
members for cause by a majority vote. If one or more of the committee
members disqualify themselves or are disqualified, the remaining members
may select a number of other replacements equal to the number who have
been disqualified to serve;
b.
If the committee requests, the chancellor shall provide legal counsel after
consulting with the committee concerning its wishes in this regard. 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 within the policies and procedures adopted by
the institution.
The first question to be considered in the review is whether one or more of the
following factors improperly entered into the decision to lay off:
a.
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;
b.
Employment practices prescribed by applicable state or federal laws; or
c.
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:
(1)
(2)
(3)
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.
5.
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 establishes 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.
6.
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:
a.
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;
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b.
Review and Hearings
for Fixed Term and
Probationary
Academic Staff
Members
If the hearing body is convinced that such factor or factors entered into the
decision to lay off, then the body shall find that decision to be improper
unless the body is also convinced (1) that there was a bona fide program or
budgetary reason(s), and that the determination of such reason(s) was made
in the manner prescribed by, and in accordance with, the standards
established by the institution; and (2) that the decision to lay off the
particular academic staff member was in accordance with the provisions of
UWS 12.02.
7.
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.
8.
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, decide whether the staff member should be
laid off, and notify the hearing body and academic staff member of the decision.
This decision shall be deemed final unless the board, upon request of the
academic staff member, grants review based on the record.
Each institution shall establish procedures for an impartial review of the layoffs for
reasons of budget or program of academic staff members with fixed term and
probationary appointments. Nonrenewal is not a layoff under this section.
(UWS 12.06, 11/1/75 )
Review for Fixed
Term and
Probationary
Academic Staff
Members
The procedures of UWS 12.05 shall apply.
(UW-Stout 12.06)
Layoff Status
(UWS 12.07, 11/1/75 )
1.
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,
a.
For fixed term and probationary appointee, one of the following occurs:
(1) The appointment expires under its own terms;
(2) The staff member fails to accept an alternative appointment.
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b.
For academic staff on indefinite appointment one of the following occurs:
(1)
(2)
(3)
(4)
(5)
Alternative
Employment
(UWS 12.08, 11/1/75 )
Reappointment
Rights
(UWS 12.09, 11/1/75 )
Retention of Salary
(UWS 12.10, 11/1/75 )
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 institution;
The staff member accepts an alternative continuing position in the
institution. Failure to accept an alternate appointment would not
terminate the academic staff member's association with the institution;
The staff member resigns;
The staff member fails to notify the chancellor or his/her designee not
later than December 1, of each year while on layoff status, as to
his/her location, employment status, and desire to remain on layoff
status. Failure to provide such notice of desire to remain on layoff
status shall terminate the academic staff member's association with
the institution;
A period of three years lapses.
Each institution 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 readaptation 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.
Each institution shall establish administrative procedures and policies to ensure
compliance with 36.21, Stats., in providing that where layoffs occur for reasons of
budget or program, no person may be employed in that operational area at that
institution within 3 years to perform reasonably comparable duties to those of the
staff member laid off without first offering the laid off staff member on layoff status
reappointment without loss of rights or status. In addition, an institution shall
continue for 3 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 his/her designee by
December 1 of each year, or more frequently if institutional policies and procedures
require, as to his/her location, employment status, and desire to pursue
reappointment rights. Failure to provide such notification shall terminate the
academic staff member's reappointment rights under this section.
Any academic staff member reappointed within three years after layoff to reasonably
comparable duties within the operational area shall be reappointed with a salary rate
at least equivalent to his/her salary rate when laid off, together with such other rights
and privileges which may have accrued at that time.
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Rights of Academic
Staff Members on
Layoff
(UWS 12.11, 11/1/75 )
An academic staff member on layoff status in accord with the provisions of this
chapter has the reemployment rights guaranteed by UWS 12.09 or 12.10, and has the
following minimal rights:
1.
Such voluntary participation in fringe benefit programs as is permitted by
institutional policies;
2.
Such continued use of campus facilities as is allowed by policies and procedures
established by the institution; and
3.
Such participation in institutional activities as is allowed by the policies and
procedures established by the institution.
COMPLAINTS AND GRIEVANCES
Complaints
(UWS 13.01, 11/1/75 )
Complaints
(UW-Stout 13.01)
Each institution shall establish policies and procedures to deal with allegations by
persons other than the academic staff member's supervisor(s), including
administrators, students, other academic staff, faculty, classified 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 allegations are not serious
enough to warrant dismissal proceedings under chapter UWS 11. Such procedures
shall include the designation of an individual or body with the power and authority to
conduct a hearing on the complaint and to recommend solutions to the chancellor if
the problem cannot be otherwise resolved.
Allegations by the administration, students, academic staff members, faculty
members, classified staff members, or members of the public concerning conduct of
an academic staff member that violates university rules and procedures or that
adversely affects the academic staff member's professional performance but which
allegations are not serious enough to warrant dismissal proceedings will be
considered in the following manner:
1.
A review of, and administrative action on, the complaint by the chancellor (or
his/her designee). Administrative action in this case may include dismissing the
complaint, invoking an appropriate disciplinary action, or referring the
complaint to the appropriate school-level positive action committee.
2.
A hearing before the school positive action committee shall be held at the
request of the chancellor or, if the chancellor invokes a disciplinary action, at the
request of the academic staff member. If the chancellor feels that the
school-level committee has not properly addressed the complaint or if the
academic staff member feels that the committee has not given adequate
consideration to the disciplinary action that has been invoked, he/she may
request that the all-university committee on positive action hear the appeal.
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Grievances
(UWS 13.02, 11/1/75 )
3.
Hearing procedures will provide for written notification of the complaint, fair
and complete hearing procedures, written statements of findings, transmission of
findings to the academic staff member involved and the appropriate
administrative officers within a reasonable time, and prohibition of further
jeopardy for the same allegation of alleged misconduct after final decision.
4.
Either the school-level or all-university level committee will make its
recommendations to the chancellor concerning disciplinary action, to
recommend dismissal of the complaint, or to recommend referral of the
complaint to the appropriate department or administrative officer.
5.
Following committee action, the chancellor's decision on the committee's
recommendation (or on the complaint in the absence of committee
recommendations) shall be final except the board at its option may grant it
reviewed on the record.
Each institution shall establish policies and procedures for adjudicating grievances
involving members of the academic staff. Such procedures shall include the
designation of an individual or body with the power and authority to investigate and
to recommend solutions to the chancellor if the problem cannot be otherwise
resolved.
ACADEMIC STAFF POSITIVE ACTION PROCEDURES
(Approved April 9, 1992-Senate of Academic Staff)
(Approved May 5, 1992-Chancellor)
(Rev. 11/1/95-Senate of Academic Staff)
(Approved 12/13/95-Chancellor)
(Rev. 4/3/96)
(Rev. 7/10/96)
Introduction
The following procedures for resolving complaints and grievances have been
developed pursuant to the Wisconsin Administrative Code "Personnel Rules for
Academic Staff--University of Wisconsin System," Chapter UWS 13 and the rules of
UW-Stout 13.
Before the formal processes of positive action begin, the issue should be discussed
with the person whose alleged actions led to the complaint/grievance and, if not
resolved, with that person's immediate supervisor.
Formal Process for
Handling Complaints
and Grievances
A complaint shall be defined as an allegation that an academic staff member has
violated university rules, policies, and/or procedures or in some other way has not
fulfilled his/her obligations to the university.
In the case of a complaint, if informal resolution has been unsuccessful, the next step
is to initiate formal action by submitting the matter to the director of human
resources or designee. The complaint must be in writing and must specify the
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alleged misconduct, the resolution sought and what steps were taken toward informal
resolution. This must be done within sixty calendar days from the date the
complainant first became aware of, or should have become aware of, with the
exercise of reasonable diligence, the cause of the complaint. The director of human
resources or designee will, within fourteen calendar days of receipt, dismiss the
complaint, invoke appropriate discipline, or refer the complaint to the positive action
committee through the senate of academic staff chair. This time period may be
extended by the director of human resources or designee if circumstances warrant
such an extension.
A grievance shall be defined as an allegation made by a member of the academic
staff that he/she has been unfairly treated. Such an allegation may involve the
violation or interpretation of university rules, policies, or procedures and may
involve other members of the university community.
In the case of a grievance, if informal resolution has been unsuccessful, the academic
staff member initiates formal action by submitting the matter to the director of
human resources or designee. The grievance must be in writing stating the issue and
the resolution sought. This must be done within sixty calendar days from the date
the grievant first became aware of, or should have become aware of, with the
exercise of reasonable diligence, the cause of the grievance. After conferring with
the grievant and the chancellor or designee, the director of human resources or
designee will initiate the positive action procedure by asking the senate of academic
staff chair to form a positive action committee.
Organization of
Positive Action
Committees
(Rev. 4/5/00-Academic Staff
Senate; Approved 9/9/00Chancellor)
These committees are designed to hear grievances filed by individual academic staff
members and to hear complaints against academic staff members and to make
recommendations on these issues to the chancellor. They are formed from a panel of
academic staff members by the following process:
1.
The panel will consist of two members from each of the colleges and divisions
(ASA, ASLS, CO, CSTEM, CAHSS, CEHHS and COM). The elections, to be
held in the fall of each year, will be conducted by the senate of academic staff.
All academic staff members who hold a salaried appointment of .5 FTE or
greater are eligible to be candidates. If a vacancy occurs. the candidate from the
college or division in which the vacancy exists who received the next highest
number of votes in the election shall be named by the Senate to fill the vacant
position. In the absence of a qualified candidate from the previous election, the
senate shall appoint a replacement to fill the vacant position.
2. Upon receipt of a complaint or grievance from the director of human
resources or designee, the senate of academic staff chair will: (1) serve
written notice including a copy of the complaint or grievance on the
respondent(s) with seven (7) calendar days, excluding breaks in the
university calendar, of receipt of the complaint or grievance, (2) appoint
someone to advise the person being complained against, if requested;
and (3) draw five names from the panel to hear the complaint or
grievance. If any member of the panel appointed to hear the complaint
expresses a conflict of interest, the chair will draw another name from
the original panel for replacement.
3. Upon achieving a committee to hear the complaint or grievance, the
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senate of academic staff chair will, in writing, ask the complainant or
grievant and respondent to each strike one name. The complainant or
grievant shall strike first. Both parties need to respond, in writing,
within seven (7) calendar days of the date of correspondence.
4.
The senate of academic staff will convene the three remaining members to
conduct an election of a chair and secretary, to review procedures, and to
present the written complaint or grievance. This process must take place within
21 calendar days, excluding breaks in the university calendar, of the chair's
receipt of the written complaint or grievance. The committee, having
determined that the issue comes under the jurisdiction of the positive action
procedure, and has been timely filed by the complainant or grievant, will hear
the issue until a decision is reached. The committee, if deemed necessary, will
hold a hearing and make a recommendation to the chancellor within 35
calendar days of being called together. The committee may extend the hearing
time limit upon mutual agreement of both parties or if scheduling problems
occur.
Operation of the
Positive Action
Committee
All positive action committees shall operate in a manner consistent with the
procedural requirements listed below.
Committee Chair
1.
The chair of each committee is responsible for supervising the activities of the
committee. The functions of the chair shall include the following:
a.
Encourages further attempts at informal resolution.
b.
Identifies whether or not there are timelines or jurisdictional issues for
the full committee to act on.
c.
Determines, in consultation with the committee, whether or not to record
the meeting.
d.
Presides at the hearing and deliberation stages of the complaint or
grievance.
e.
Announces that all testimony is assumed to be truthful.
f.
Ensures that all hearings proceed expeditiously.
g.
Makes periodic reports to the senate of academic staff chair and the
director of human resources or designee.
h.
Forwards the committee's recommendation to the proper parties.
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Hearing Coordinator
2.
3.
Positive Action
Committee: Hearing
Process
(Rev. 10/1/08-Senate of
Academic Staff:
Approved 11/5/08Chancellor)
1.
The director of human resources or designee will serve as a non-voting advisor
to each positive action committee in order to provide coordination and
assistance to each committee and to maintain long-term continuity and
consistency in the process. The function of the director of human resources or
designee shall include, but not be limited to, the following:
a.
Serves in an advisory capacity to the committee.
b.
Assists both parties and the committee by reviewing in separate sessions
the procedures and requirements of the process.
c.
Coordinates witness list and document exchanges between the parties at
least three calendar days before the start of the hearing.
d.
Ensures the recording of the hearing, if the decision has been made to
record, and is custodian of the tapes.
e.
Provides needed clerical services.
f.
Secures needed legal advice for the committee.
Secretary
a.
Keeps minutes.
b.
Takes roll.
c.
Handles necessary correspondence.
General operating procedures shall be followed by every positive action
committee.
a.
Open meeting laws shall apply.
b.
Minutes and other significant records must be kept of all proceedings.
c.
Quorum shall be determined by each individual committee.
d.
The burden of proof is upon the originator of complaint or grievance.
e.
All individuals involved must submit a list of witnesses to be heard in
support of their case. All documents used in support of position must be
submitted to the hearing coordinator at least five (5) days prior to the
hearing. Names of witnesses must be on the list to be eligible to testify.
f.
Testimony at the hearing is to be directly relevant to the alleged incident.
g.
Representatives or consuls may attend for consultation but may not speak
for any party at the hearing.
h.
An issue once having been decided by the committee may not be brought
back through the positive action procedures.
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i.
Withdrawal of the complaint/grievance may be made, in writing, by the
charging party at any point until the committee has made its decision.
Such complaint/grievance may not be refiled later.
j.
Adequate due process which shall be provided for the complainant and
person(s) being complained against includes:
1)
2)
3)
4)
Written notification of hearing at least ten working days in
advance.
Right to names of witnesses and access to documentary evidence
upon which the complaint is based.
Right to be heard.
Right to cross-examine witnesses.
2.
A formal hearing shall be held involving a quorum of committee members, the
individuals involved in the complaint or grievance, and all who have been
asked to testify. A fair and complete hearing for all must be conducted.
3.
The hearing should be completed within a three-hour frame.
4.
Upon conclusion of the hearing, the committee will deliberate in closed
session. The committee's recommendation will be by simple majority.
5.
A written statement of findings and recommendation(s) shall be forwarded to
the chancellor or designee and the director of human resources or designee,
with copies to the two parties involved, within ten calendar days excluding
breaks in the university calendar of the completion of the hearing.
Options are:
6.
Chancellor's Action
a.
The complainant/grievant has not met the burden of proof and the
complaint/grievance is not sustained.
b.
The complainant/grievant has met the burden of proof and a
recommended resolution of disciplinary action is specified.
Objections by either party to the committee's decision may be made in writing
to the chancellor or designee within three calendar days of receipt of the
committee's written decision.
The chancellor must render a decision within fourteen calendar days of receipt of the
committee's recommendation. This time period may be extended by the chancellor if
circumstances warrant such an extension.
Copies of the decision shall be forwarded to the individuals involved and the chair of
the positive action committee.
Appeal process to board of regents.
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If not satisfied with the chancellor's decision, a party may appeal to the board of
regents. The board, at its option, may choose to grant a review of the decision based
on the record.
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CHAPTER IV: INSTRUCTIONAL AND RESEARCH ACTIVITIES
Within this Chapter, to distinguish the UW-Stout policies and procedures from other policies and
procedures, the UW-Stout material appears in italics.
ACADEMIC FREEDOM
Academic Freedom
(Approved 2/21/84-Faculty Senate)
(Rev. 5/15/14-Faculty Senate)
The University of Wisconsin-Stout Faculty Senate approves the current policy on
Academic Freedom of the American Association of University Professors dated
1970. The Faculty Senate also indicates that the reference to only one gender in the
policy is inappropriate and interprets the policy in the dual gender of his/her.
1. The teacher is entitled to full freedom in research and in the publication of the
results, subject to the adequate performance of his other academic duties; but
research for pecuniary return should be based upon an understanding with the
authorities of the institution.
2. The teacher is entitled to freedom in the classroom in discussing his subject, but
he should be careful not to introduce into his teaching controversial matter which
has no relation to his subject.
3. The college or university teacher is a citizen, a member of a learned
profession, and an officer of an educational institution. When he speaks or
writes as a citizen, he should be free from institutional censorship or
discipline, but his special position in the community imposes special
obligations. As a man of learning and an educational officer, he should
remember that the public may judge his profession and his institution by his
utterances. Hence he should at all times be accurate, should exercise
appropriate restraint, should show respect for the opinions of others, and
should make every effort to indicate that he is not an institutional
spokesman.
The University of Wisconsin- Stout Faculty Senate also endorses the current
Statement of Collegiality of the American Association of University of Professors
dated 1999, and in doing so, that any evaluation of collegiality should not violate
faculty academic freedom.
On Collegiality as a Criterion for Faculty Evaluation
The statement that follows was approved by the Association’s Committee A on
Academic Freedom and Tenure and adopted by the Association’s Council in
November 1999.
In evaluating faculty members for promotion, renewal, tenure, and other purposes,
American colleges and universities have customarily examined faculty
performance in the three areas of teaching, scholarship, and service, with service
sometimes divided further into public service and service to the college or
university. While the weight given to each of these three areas varies according to
the mission and evolution of the institution, the terms are themselves generally
understood to describe the key functions performed by faculty members.
In recent years, Committee A has become aware of an increasing tendency on the
part not only of administrations and governing boards but also of faculty members
serving in such roles as department chairs or as members of promotion and tenure
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committees to add a fourth criterion in faculty evaluation: “collegiality.”1 For the
reasons set forth in this statement, we view this development as highly unfortunate,
and we believe that it should be discouraged.
Few, if any, responsible faculty members would deny that collegiality, in the sense
of collaboration and constructive cooperation, identifies important aspects of a
faculty member’s overall performance. A faculty member may legitimately be called
upon to participate in the development of curricula and standards for the evaluation
of teaching, as well as in peer review of the teaching of colleagues. Much research,
depending on the nature of the particular discipline, is by its nature collaborative and
requires teamwork as well as the ability to engage in independent investigation. And
committee service of a more general description, relating to the life of the institution
as a whole, is a logical outgrowth of the Association’s view that a faculty member is
an “officer” of the college or university in which he or she fulfills professional
duties.2
Understood in this way, collegiality is not a distinct capacity to be assessed
independently of the traditional triumvirate of teaching, scholarship, and service. It is
rather a quality whose value is expressed in the successful execution of these three
functions. Evaluation in these three areas will encompass the contributions that the
virtue of collegiality may pertinently add to a faculty member’s career. The current
tendency to isolate collegiality as a distinct dimension of evaluation, however, poses
several dangers. Historically, “collegiality” has not infrequently been associated with
ensuring homogeneity, and hence with practices that exclude persons on the basis of
their difference from a perceived norm. The invocation of “collegiality” may also
threaten academic freedom. In the heat of important decisions regarding promotion
or tenure, as well as other matters involving such traditional areas of faculty
responsibility as curriculum or academic hiring, collegiality may be confused with
the expectation that a faculty member display “enthusiasm” or “dedication,” evince
“a constructive attitude” that will “foster harmony,” or display an excessive
deference to administrative or faculty decisions where these may require reasoned
discussion. Such expectations are flatly contrary to elementary principles of
academic freedom, which protect a faculty member’s right to dissent from the
judgments of colleagues and administrators.
A distinct criterion of collegiality also holds the potential of chilling faculty debate
and discussion. Criticism and opposition do not necessarily conflict with collegiality.
Gadflies, critics of institutional practices or collegial norms, even the occasional
malcontent, have all been known to play an invaluable and constructive role in the
life of academic departments and institutions. They have sometimes proved collegial
in the deepest and truest sense. Certainly a college or university replete with genial
Babbitts is not the place to which society is likely to look for leadership. It is
sometimes exceedingly difficult to distinguish the constructive engagement that
characterizes true collegiality from an obstructiveness or truculence that inhibits
collegiality. Yet the failure to do so may invite the suppression of dissent. The very
real potential for a distinct criterion of “collegiality” to cast a pall of stale uniformity
places it in direct tension with the value of faculty diversity in all its contemporary
manifestations.
Relatively little is to be gained by establishing collegiality as a separate criterion of
assessment. A fundamental absence of collegiality will no doubt manifest itself in
the dimensions of teaching, scholarship, or, most probably, service, though here we
would add that we all know colleagues whose distinctive contribution to their
institution or their profession may not lie so much in service as in teaching and
research. Professional misconduct or malfeasance should constitute an independently
relevant matter for faculty evaluation. So, too, should efforts to obstruct the ability of
colleagues to carry out their normal functions, to engage in personal attacks, or to
violate ethical standards. The elevation of collegiality into a separate and discrete
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standard is not only inconsistent with the long-term vigor and health of academic
institutions and dangerous to academic freedom, it is also unnecessary.
Committee A accordingly believes that the separate category of “collegiality” should
not be added to the traditional three areas of faculty performance. Institutions of
higher education should instead focus on developing clear definitions of teaching,
scholarship, and service, in which the virtues of collegiality are reflected. Certainly
an absence of collegiality ought never, by itself, to constitute a basis for
nonreappointment, denial of tenure, or dismissal for cause.
Notes
1. At some institutions, the term “collegiality” or “citizenship” is employed in
regulations or in discussions of institutional practice as a synonym for “service.”
Our objection is to the use of the term “collegiality” in its description of a separate
and additional area of performance in which the faculty member is to be evaluated.
2. The locus classicus for this term is the 1940 Statement of Principles on
Academic Freedom and Tenure: “College and university teachers are citizens,
members of a learned profession, and officers of an educational institution.” (AAUP,
Policy Documents and Reports, 10th ed. [Washington, D.C., 2006], 3.)
Copyright Guidelines
(University statement on use of
copyrighted material)
In conforming to existing United States copyright laws, University of WisconsinStout strives to maintain the highest possible ethical standards in the use of
copyrighted materials.
Copyright Act of 1976
The U.S. Constitution, through the Copyright Act of 1976, provides for copyright
protection "to promote the progress of science and useful arts," so that "individuals
will create and disseminate knowledge and ideas." The incentive to create and
disseminate those ideas comes from the financial protection extended by the U.S.
Copyright Law to the creator of an original work. The law provides protection to the
copyright holder, imposes a financial penalty on those who violate the law, and
allows for limited use of copyrighted materials for educational purposes.
Works Which May Be
Copyrighted and How
Copyright is Obtained
Works which are copyrighted include "original works of authorship" which are
"fixed in a tangible medium of expression." The Copyright Act of 1976 states that
copyright begins at the moment the work is created. Therefore, the law grants
immediately copyright protection to all original work created by anyone, including
student work created for a class assignment, for a period of time stated in the law.
For most work created on or after January 1, 1978, protection lasts for the life of the
author plus 50 years. Works created prior to 1978 are protected for varying lengths
of time.
Works in the public domain, such as federal government publications and very old
works whose copyright has expired, may be freely copied. Be aware that
government publications which contain copyrighted work from other sources may
not be copied without permission.
No formal filing for copyright is required, however, registration with the U.S.
Copyright Office provides some advantages when pursuing an infringement suit.
Infringement of the
Copyright Law
Substantial financial penalties are imposed by the law for copying materials in any
form, including: books, magazines, computer software, videos, slides and photos,
without advanced written permission from the copyright holder. There has been
litigation with substantial penalties paid by those violating the law; penalties may
total up to $100,000 per infringed work. When in doubt, DO NOT COPY or
REQUEST SOMEONE ELSE TO COPY without obtaining prior written
permission.
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Copyright Ownership
Most works contain a copyright notice, however, notice of copyright is NOT
mandatory for the work to be copyrighted. In some instances, the information in the
copyright notice may not contain proper identification of the current copyright
holder. The best way to determine who owns the copyright for a particular work is
to contact the publisher of that work.
Obtaining Permission
to Copy
Written permission must be obtained prior to copying a work. Allow ample time to obtain the necessary
permission. Direct copyright requests to the publisher of the work in case of the Copyrights and
Permissions Department. Fees, if any, must be paid before the permission is granted. Include the
following information when requesting permission to copy:
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
"Fair Use"
Author's, editor's, translator's, creator's full name(s);
Title, edition, volume of the work;
Copyright date;
Special numbers for the work (i.e. ISBN for books, ISSN for magazines);
Page numbers for the exact pages, figures and/or illustrations;
Number of copies to be made;
Media format of original work (book, journal, video, computer software,
etc.);
Type of copies to be made (photocopies, slides, videos, transparencies; etc.);
If material will be used alone or in combination with other copied materials;
Name of university;
Course name and number;
Semester and year in which material will be used;
Instructor's full name;
Complete name, address, and telephone number of a contact person.
The Doctrine of "Fair Use" within the copyright law provides for the fair use of
copyrighted work for some educational purposes without first seeking the permission
of the copyright holder. This may include copying for criticism, comment, news
reporting, teaching, scholarship and research by students and teachers. Four basic
factors govern the use of copyrighted materials in these instances. They are:
▪
▪
▪
▪
the purpose and character of the use, including whether such use is of a
commercial nature or is for non-profit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion of the work used in relation to
the copyrighted work as a whole; and
the effect on the potential market for, or value of, the copyrighted material.
No one factor is sufficient reason to use a copyrighted work without permission.
Educational use alone is not a valid reason to evoke the Fair Use Doctrine. The law
contains guidelines which establish minimum conduct, as well as prohibits
unauthorized copying. The two tests which can be applied to works where an
instructor wishes to copy without permission are:
1. The Brevity and Spontaneity Test where the copying must be at the inspiration of
the instructor, not required by the curriculum, be brief in comparison to the
length of the total work, and the time between the decision to use the work and
its actual use is so close that it would be unreasonable to expect a reply to a
request for permission; and
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2. The Cumulative Effect Test where the number of copies (for printed works)
should not exceed the number of students in one course for which the copies are
intended. No other work by the same author should be copied during the term
and there should be no more than nine instances of such copying during the term.
Fair use copying is not a substitute for the purchase of a work. Copying should not
be directed by a higher authority, nor can it be repeated from semester to semester.
Copying Equipment
Notice of copyright restrictions should be placed on or near all copying equipment
including photocopiers, computers, video equipment and audio equipment. At a
minimum, the notice or label should read: NOTICE: WARNING OF COPYRIGHT
RESTRICTIONS The copyright law of the United States (Title 17, United States
Code) governs the making of photocopies or other reproductions of copyrighted
material. The person using this equipment is liable for any infringement.
Other Sources of
Information
The Copyright Law, case law and other information on copyright can be found in the
Library Learning Center. Other sources of helpful information include:
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Campus Help
Help with copyright related questions is available from various sources on the UWStout campus. For more information contact:
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Ownership, Use and
Control of
Instructional
Materials
(Summary of UW System GAPP
#27, 4/15/77)
The Copyright Law; Your Rights and Responsibilities, prepared at UWStout;
Photocopying Guidelines for Teaching and Research, by UW System Office
of Administrative Legal Services;
Questions and Answers on Copyright for the Campus Community, by the
National Association of College Stores, Inc., The Association of
American Publishers, Inc., and The Association of American University
Presses, Inc.
Guide to Copyright Issues in Higher Education, by the National Association
of College and University Attorneys, 1991.
What Educators Should Know About Copyright, by Virginia M. Helm, Phi
Delta Kappa Educational Foundation Fastback #233.
Print material and non-print (digital) materials: Library (non-textbooks) and
Instructional Resources Services (textbooks)
Computer Software: Telecommunications and Networking
Guidelines are established by General Administrative Policy Paper #27 which are
used to determine when a work should be copyrighted in the name of the Board of
Regents of the University of Wisconsin System. Works which would fall into this
category include instructional materials which have been created and produced
utilizing substantial public resources. Also included are works produced through a
written agreement between the institution and the author(s) with the specific, stated
intention of what will be created/produced at the institution's expense.
GAPP #27 states that instructional materials which may be copyrighted include
books, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi,
tests, lectures, musical or dramatic compositions, unpublished scripts, slides, charts,
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transparencies, and other visual materials. Video and audio recordings of
presentations, programs or performances, programmed instructional materials and
computer programs may also be copyrighted.
These guidelines do not assert a University System property interest in works which
result from the activities of faculty and staff in pursuit of their traditional teaching,
research and scholarly activities. Production of these materials, including theses,
scholarly articles, research bulletins, and books may be implicit in the author(s) role
as a University System employee. If in the course of these activities, however,
instructional materials are produced with substantial institutional support,
particularly if they are distributed externally, GAPP #27 may apply. The guidelines
establish conditions, including copyright ownership and the distribution of financial
gain, which should be contained in a written agreement between the author(s) and
the institution.
When considering the development of copyrightable works, the interests of the UW
System and the author(s) must be negotiated on a case-by-case basis, applying the
principles and consideration of the guidelines in GAPP #27. The complete
guidelines can be found in the Library Learning Center or the Office of Planning and
Capital Budget.
Computer Software
Use Policy Guidelines
(UW System Policy)
1. The University of Wisconsin System legally licenses the use of computer
software from vendors and developers. It does not normally own this software
or the related documentation. Unless specifically authorized by the vendor or
developer, no individual has the right to copy this software or documentation for
educational or other purposes.
2. University of Wisconsin System employees also acquire computer software on
their own and not through the University of Wisconsin System that they may
wish to use on university equipment.
3. The University of Wisconsin System does not require, request, or condone
unauthorized copying or use of computer software. Such unauthorized copying
or use is not considered to be within the scope of employment.
4. All employees (unclassified, classified, limited-term, student, or contract
temporary) shall use software only in accord with the applicable license
agreement. Only software used in accord with the applicable licensing
agreement shall be run on university equipment.
5. Violations of this policy are to be reported to the supervisor/department chair,
dean/division head, or the Chancellor's Office.
6. According to U.S. Copyright Law, illegal reproduction of software can be
subject to civil damages (of as much as $100,000) and criminal penalties,
including fines and imprisonment. University employees who knowingly or
willfully make, acquire, or use unauthorized copies of computer software are
subject to disciplinary action up to and including dismissal, consistent with the
provisions of Chapters UWS 4, 6, 11, 13, or 17, Wisconsin Administrative Code,
as appropriate.
7. If the University of Wisconsin System is sued or fined because of unauthorized
copying or use by its employees, it may seek repayment from the individuals for
associated costs. If an individual is sued in a civil action alleging that he or she
has made or used a copy of computer software without authorization, liability
protection under Wisconsin Statutes applies when an employee is operating
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within the scope of his or her employment responsibilities. Each case will be
evaluated on its own merits. In the event of a claim of unauthorized copying or
use of computer software, therefore, the university must evaluate facts associated
with the particular claim to determine if the employee is acting within the scope
of employment, for purposes of extending the state's liability protection.
Computer Software
Use Policy Guidelines
(UW-Stout, 11/6/92)
Responsibility
To assist campus departments in complying with UW System's Computer Software
Use Policy, the following guidelines have been developed. The guidelines seek to
coordinate departmental efforts in using software properly and to provide a central
source of materials and training to facilitate that effort.
1. Compliance with Software Licensing Agreements
It is the responsibility of the person to whom a university-owned personal
computer is assigned to comply with the licensing agreements for software used
on that computer and to ensure that UW System's software use policy is enforced
during use of the computer.
UW-Stout's Office of Computing and Telecommunications is responsible for
providing compliance-related information, assistance in documenting the
inventory process, and for conducting periodic audits of departments' personal
computers.
Implementation
2. Maintaining Records
To ensure that software residing on computers complies with the software
manufacturer's contract as well as with state guidelines, each software product
installed on a personal computer must have documentation verifying compliance
with the software manufacturer's contract. Items that constitute documentation
include:
a. software purchase records;
b. the original manufacturer's diskettes (or in the case of site license software,
the UW-Stout diskettes or documentation from Computer User Support
Services verifying the validity of the copy);
c. software license agreements and serial numbers; and
d. software manuals.
Disseminating
Information
Complete understanding of the rights and responsibilities of the software contracts is
the key to software license compliance. The Office of Computing and
Telecommunications conducts seminars on the basic requirements of contract
compliance and the proper use of software. The seminars will inform software users
of changes to vendors' software policies as they come into effect. This information
will also be published in the Stout Community News.
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Site Audits
The UW System conducts site audits of individual campus computers. UW-Stout's
Computing and Telecommunications unit also conducts periodic audits to assist
campus departments in complying with the UW System policy. Computing and
Telecommunications assists departments in performing their own audits and provides
instruments that facilitate documentation of the software inventory.
Patent Policy
(GAPP 34, 12/10/85)
Purpose
1. Each university of the UW System, as appropriate to its institutional mission, has
a role in discovering and transmitting knowledge and providing public service.
This creates an environment which is highly conducive to the conception and
development of many forms of intellectual property. There is always the
possibility that these developments may have commercial value, which possibly
may be enhanced through the use of patents. The University of Wisconsin
System has traditionally recognized and continues to foster and support
development of inventions for public use. However, the contractual rights of
extramural sponsors and the System's commitment to the principles of academic
freedom and the tradition of free and open discussion of research must also be
maintained.
It is the purpose, here, to state for faculty and staff and students the relevant
System policies, as well as the nature of faculty, staff and students'
responsibilities, privileges and options when they have made an invention or
discovery.
Background
2. Historically, most universities of the UW System have not claimed proprietary
rights in any invention generated by the faculty, staff, or students. However,
patent agreements between individual faculty, staff, or students and the
institution may be entered into at universities in the UW System. In the absence
of contractual provisions obligating transfer of all or some proprietary rights in
an invention, the inventor traditionally is free to dispose of those rights in the
manner of his or her own choosing.
Much of the research is funded by outside parties through formal grants and
contracts, with various federal agencies constituting the major research funding
source. The University of Wisconsin System Board of Regents is the legal
recipient of all grants and contracts which are accepted on behalf of faculty, staff
and students and, as such, has the legal responsibility for complying with all
contractual obligations. Consequently, when an invention is generated, it is
necessary that the designated authorities at each university review and make
determinations with regard to patent rights as set forth by those funding sources
which contributed to the making of that invention.
To insure that all obligations attaching to contracts and grants will be met,
faculty, staff and students who participate in programs having extramural support
are required to complete a patent agreement which recognizes those obligations.
Policies
a. Federal Agreements. In order to expand public use of inventions and in
recognition of the need for establishing government-wide policies for the
allocation of rights to federally supported inventions, Section 6 of Public
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Law 96-517 dealing with the disposition of rights to inventions made with
federal assistance was adopted and became effective on July 1, 1981. That
section of the law provides, in general, that universities have the first right to
take title to inventions resulting from research supported by federal funding.
The policies and regulations emanating from PL 96-517 are contained in
OMB Circular A-124. The February 19, 1982, Federal Register states "Since
one of the primary purposes of PL 96-517 is to foster cooperative research
arrangements among government, universities and industry in order to more
effectively utilize the productive resources of the nation in the creation and
commercialization of new technology, it is important to remove any doubt as
to the propriety of such cooperative arrangements and the proper application
of the Circular to them." This patent law has been amended by PL 98-620,
but the main thrust and purpose are unchanged. In particular, the
Department of Commerce, which has been given patent authority under the
new law, has proposed implementing regulations which closely follow
Circular A-124.
The most significant aspect of these laws is that a university can use a single
policy document and essentially uniform policies for all federal agencies.
Because these laws require that the staff member and university initiate
appropriate patent action for each invention, it is essential that faculty, staff
and students become familiar with the reporting requirements. The most
relevant of these policies and requirements are summarized here.
(1) These Acts give non-profit organizations, including universities or their
designated patent management organization, a first right to title in
inventions made in performance of federal grants and contracts.
(2) The regulations are applicable to all federal funding agreements,
contracts as well as grants, with domestic nonprofit organizations
(including universities), executed on or after March 1, 1982. They take
precedence over numerous previous conflicting statutory and
administrative policies of individual agencies.
(3) The patent policy does not apply to funding agreements made for
educational purposes. Specifically, no scholarship, fellowship, or
training grant will contain any provision giving the awarding federal
agency any rights to inventions made by the recipient. Thus research
support rather than financial aid will determine the status of inventions
by these fellows and trainees.
(4) The term "invention" means any invention or discovery which is or may
be patentable or otherwise protectable under Title 35 of the United
States Code, or any novel variety of plant protectable under the Plant
Variety Protection Act; the term "subject invention" means any
invention conceived or first actually reduced to practice in the
performance of work under a funding agreement, provided that, in the
case of a plant variety, the "date of determination" must also occur
during the period of the grant or contract; and, the term "practical
application" means to manufacture in the case of a composition or
product, to practice in the case of a process or method, or to operate in
the case of a machine or system.
(5) The federal government shall have a non-exclusive, non-transferable,
irrevocable, paid-up license to practice or have practiced for or on
behalf of the United States the subject invention throughout the world.
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(6) The university must disclose each subject invention to the appropriate
federal agency within two months after the inventor discloses it in
writing to university personnel responsible for patent matters.
(7) The university must elect in writing whether or not to retain title to any
such invention by notifying the federal agency within two years of its
disclosure to the agency. However, publication or public use creates a
one year statutory limit for filing for US patents. An agency may
shorten its deadline for modification to 60 days prior to the expiration
of this one-year period. Publication or public use prior to filing results
in the loss of overseas patents which are the major source of income for
biomedical patents.
(8) The university must secure written agreement from all employees, other
than clerical and nontechnical employees, to disclose promptly in
writing to personnel identified as responsible for the administration of
patent matters and in a format suggested by the university, each subject
invention in order that the university can comply with the disclosure
provisions of paragraph 6 above and execute all papers necessary to file
patent applications on subject inventions and to establish the
Government's rights in the subject inventions.
(9) The university must agree to submit periodic reports no more frequently
than annually on the utilization of a subject invention or on efforts at
obtaining such utilization by its licensees or assignees. Such reports
shall include information regarding the status of development, date of
first commercial sale or use, and gross royalties received by the
university.
As noted earlier, the laws permit a university itself to accept assignment
of these inventions or to designate a nonprofit patent management
organization to act for it. Each university of the UW System is required
to establish procedures which it will use in the event a federally
supported invention or discovery is made. These procedures must
either designate an institutional administrative office which will accept
assignment of the invention and take responsibility for its development,
or designate an external organization to carry out that function. In
either case, the procedure used and the offices and/or external agencies
involved must be reviewed and approved by the Vice President for
Business and Finance. A university of the UW System may establish a
suitable outside organization specifically for this purpose, but such
organizations must meet stringent operating criteria. Alternatively,
organizations such as the Research Corporation may be designated.
[For the UW-Madison, the Wisconsin Alumni Research Foundation
(WARF) has been designated as the organization responsible for
processing patent applications. Certain services in patent evaluation are
available from WARF to other universities in the UW System. If it is
determined that a patent is to be sought, WARF services will be
available on a cost reimbursable basis. Interested parties should contact
the Managing Director of WARF for current information on patent
related services available to System universities other than UWMadison.]
b. Non-Federal Extramural Support
The patent expectations of the many non-federal funding sources of
university research vary. That fact plus the frequent practice of using funds
from more than one source in support of a given research project can place
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an inventor in an ambiguous and even conflicting position with several
sponsors.
In discussions with any extramural research sponsor, principal investigators
must take into consideration existing contractual obligations involving any
personnel or resources to be involved in the proposed research. This is
especially important where the proposed support is for research whose
purpose is the same or similar to research conducted by the principal
investigator with some federal funding, however minimal. Obligations
which exist because of federal or other extramural sponsors must be
recognized in the negotiated agreement. Written agreements between the
employee and the sponsor may be used to designate assignment of inventions
as long as the agreement does not conflict with other existing agreements or
with university policies on the conduct of research.
The disposition of all inventions generated at a UWS institution, regardless
of funding sources, is subject to review by the chancellor or chancellor's
designee. The purpose of the review is to determine if any contractual
obligation exists in connection with and as a result of, the funding leading to
the invention.
c. Institution/Staff Contractual Agreements
Special circumstances may arise where faculty/staff work assignments have
been made with an expectation that patentable materials will be produced. In
such cases, a written agreement between the employee and the institution
may be executed, specifying the disposition of any patents developed in the
course of the work. The normal presumption of faculty/staff ownership and
control of patents developed on non-federally funded projects prevails unless
agreements to the contrary have been executed.
d. Procedures for Reporting an Invention
When any member of the staff or student on appointment makes a discovery
or invention in pursuing his/her university duties, or on university premises,
or with university supplies or equipment, a report of this fact must be made
to the chancellor or his/her designee.
The chancellor (or designee) will judge the relation of the reported discovery
or invention to the purpose of any grant or contract that may be involved.
The chancellor (or designee) has the ultimate responsibility for determining
if an obligation to a grantor does exist and, if so, to insure that such
obligations are fully met.
In the interest of protecting the inventor's patent rights by the prompt filing
of appropriate patent applications, the inventor is urged to pursue patent
filing at the same time that the invention report is in process. As noted
earlier, the opportunity to obtain foreign patent protection on an invention is
generally lost if a publication disclosing that invention is issued prior to
filing.
e. Restricted Inventions (Federal)
All personnel who, having complied with the established reporting
procedure, are advised by the Chancellor's Office that their research was
funded in whole or in part by a federal grant, may choose either of two
options:
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Option 1: Submit the invention to the designated administrative office or
extramural organization which will examine thoroughly the invention and
will, when it considers such action is warranted in the public interest, accept
assignment of the invention, prepare and file patent applications, and
thereafter exercise its best effort to bring the invention quickly and
effectively into public use.
Option 2: Propose to the Chancellor or his or her designee that the
university assign the invention to the federal government to dispose of as it
sees fit. Although the inventor and the Chancellor may recommend whether
the invention ought or ought not be patented, the final decision under this
option will be made by the Government.
f.
Restricted Inventions (Institutional/Staff Contractual Agreements)
When the Chancellor's Office determines that an invention or discovery has
been made under an institutional or contractual agreement (other than a
federal agreement) the inventor will be advised of the options available. It
will be the responsibility of the Chancellor's Office to assure that the
obligations of the contract are carried out.
g. Unrestricted Inventions
When, after review by the Chancellor or his or her designee, it has been
determined that no third party is contractually entitled to exercise control
over the proprietary rights in an invention, or that no contractual agreement
exists with the institution, the inventor will be so advised and will be free to
dispose of the invention. Practically speaking, any one of three options is
available to the inventor:
Option 1: Submit the invention to designated office or organization as in
Option 1 under Restricted Inventions (Federal)
Option 2: Under his/her own initiative and resources, seek patents on the
invention and thereafter administer, dispose of, or license such patents in
whatever manner seems appropriate.
Option 3: Dedicate the invention to the public by publishing findings and
taking no legal action.
It is suggested that the inventor thoroughly weigh the relative advantages and
consequences of these options in terms of which will most likely result in
early public use and greater public benefit.
h. Publication
Regardless of the option elected, the inventor is free, indeed urged, to
establish scientific priorities through publication of research results. It is
recognized, of course, that short delays may be required to establish patent
rights.
Institutional
Reporting
Requirements
All inventions, whether supported by federal or non-federal funds are to be reported
on an Invention Record and Report Form. Patent protection and notification of
sponsors are to be processed as soon as adequate information is in hand.
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Institutions, in addition to being responsible for insuring compliance with the above
policies and procedures, will prepare an annual report for submission to System
Administration. The report should be submitted by December 1 of each year and
include the following information: a listing of patent applications by invention title,
the inventor(s) name and title, identification of funding sources and a brief
description of the invention(s).
Patent Policy
(UW-Stout Policy 86-48)
(7/14/86)
Background
1. The University of Wisconsin System's General Administrative Policy Paper
(GAPP) #34 contains a complete explication of patent policies and reporting
requirements for federal and non-federal extramural support and contractual
agreements. GAPP #34 also discusses the nature of faculty, staff and students'
responsibilities, privileges and options when they have made an invention or
discovery.
Each university of the UW System is required to establish procedures which it
will use in the event a federally supported invention or discovery is made. A
UW-Stout policy on inventions and patents is needed to facilitate university
research and service and to protect the interests of sponsors, employees, and the
university.
Policy
2. It is the policy of the University of Wisconsin-Stout that employees who make
discoveries or inventions have complete ownership and control of any resulting
patents, except in those instances where an employee's normal workload is
reduced in recognition of a developmental project from which inventions or
patentable discoveries may reasonably be expected to occur; where the
university provides other support or involvement for such a project; or where
such inventions or discoveries are produced as a result of agreements between
the university and extramural sponsors. In such cases, the procedures described
below must be followed and university employees must cooperate in honoring all
contractual commitments.
Patents may be produced or developed under at least the following five
conditions:
(1) No university support or involvement,
(2) Minimal university support and involvement, such as the use of laboratories
and/or equipment, but with no release time from assigned duties.
(3) Substantial university support and involvement and/or release time provided
with the expectation that patentable information or products will result,
(4) An assigned duty and/or work-for-hire arrangement, or
(5) Support from an extramural sponsor.
It is the policy of UW-Stout that patentable discoveries or developments
produced as stated in (1) and (2) above shall belong solely to the inventor(s).
a. Invention and Patent Agreements
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Patentable discoveries or developments produced with substantial
institutional support and/or release time as in (3) above shall be the subject
of a written understanding or agreement between the inventor or inventors
and the Chancellor, or his/her designee, which equitably determines patent
and ownership rights. This agreement must clearly define the rights and
responsibilities of all principal parties. Such a written understanding must
precede the initiation of work under such arrangements. If the institution
chooses not to seek patent on such discoveries or developments according to
a time schedule and arrangements which shall be included in the written
understanding, the inventor has the option to do so in his/her own name.
When the production or development of patentable discoveries or inventions
is a primary purpose of employment as in (4) above, a written work-for-hire
agreement shall be executed prior to initiation of the work. Payment shall be
made to the employee and the institution shall receive all rights to the
patentable discoveries or inventions and receive all royalties and fees.
When such inventions or discoveries are produced as an assigned duty, the
institution shall own all rights and receive all royalty or licensing fees except
where contrary agreements have been reached between the inventor and the
Chancellor, or his or her designee, prior to initiation of the work.
Whenever patentable inventions or discoveries are produced with extramural
support as in (5) above, the agreement with the extramural sponsor shall be
considered in determining the ownership rights of the parties.
b. Invention Record and Report
To establish the rights and options of all parties, the following steps should
be taken when an invention is made:
(1) The inventor should:
(a) Prepare a written disclosure in the format prescribed, and
(b) Forward the disclosure through the appropriate department head or
chair and dean, to the Office of Research Promotion Services.
(2) If the invention was made in connection with an extramurally sponsored
research project, the Office of Research Promotion Services will
forward a disclosure to the sponsor.
(3) Following a review of the salary and grant support of the inventor, the
Provost will notify the inventor concerning rights and options.
Inquiries about patents should be directed to the Office of Research Promotion
Services.
Use of Tape
Recorders in
Classroom
(BOR 77-5)
That, upon recommendation of the President of the UW System, Resolution 1326,
dated October 15, 1976, be amended to read as follows:
That the Regents recognized the responsibility of the individual instructor to
determine policy concerning recording of lectures in his or her classroom.
Prohibitions of tape recorders in classrooms may not be imposed upon qualified
handicapped students who must utilize tape recorders because of the nature of their
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handicaps to effectively participate in a class, provided such students have signed
agreements that they will not release the tape recording or transcription to others.
Notwithstanding the above, a teacher may, on certain occasions, for reasons
concerning pedagogical practice or academic freedom, interdict the taking of notes.
At such times, he/she may also forbid the use of tape recorders.
Invited Speaker
Guidelines
UW-Stout believes that a university has the responsibility to provide a forum for the
free expression of controversial social and political philosophies. An essential
function of a university is to expose members of the academic community to the
diverse ideas, attitudes and values to facilitate the development of critical judgment
in the pursuit of truth and knowledge.
UW-Stout reaffirms the right of any registered organization to invite and hear any
speaker it chooses. Those routine procedures required by an institution before a
guest speaker is invited to appear on campus should be designed only to ensure that
there is orderly scheduling of facilities and adequate preparation for the event and
that the occasion is conducted in a manner that safeguards the principle of free
speech as stated in the United States Constitution and as defined by the laws of the
United States and the State of Wisconsin and that protects individual safety and the
property of the university. These events should be planned and conducted so as to
provide orderly presentation and dialogue and to prevent disruption. A reasonable
period of time should be allowed for questions and responses from the audience.
The institutional control of campus facilities should not be used as a device of
censorship. The scheduling procedures are to be determined by the administrative
personnel responsible for scheduling of facilities. Sponsorship of guest speakers
does not imply approval or endorsement, either by the sponsoring group or by the
university. The sponsoring organization bears primary responsibility for the proper
conduct of those events that it sponsors.
CURRICULUM ISSUES
Curriculum
The university has a separate Curriculum Handbook that is the official record of
curriculum policies and procedures. This handbook is developed and maintained by
the Office of the Provost and disseminated by that office to deans, department chairs,
and program directors. For questions relating to the handbook or its use, contact the
associate vice chancellor for curriculum and graduate education.
Class Audit Policy
(BOR Resolution, 6/91)
Audit-Only Enrollees
1.
The academic fee charge for individuals who register for only non-credit, audittype attendance of credit classes shall be:
Wisconsin Residents - 30% of the normal per credit academic fee
Nonresidents - 50% of the normal per credit academic fee
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Audit fees shall be removed for all disabled Wisconsin residents who are
receiving federal old age survivors and disability insurance benefits (OASDI)
under 42 USC 401 to 433.
Subject to the institution's nonresident tuition remission authorization, the
chancellor may waive the nonresident portion of the per credit charge for
nonresidents.
The ability of a person to register only for non-credit audit-type attendance is
subject to these understandings:
Degree-Seeking
Students
2.
a.
that there be no additional classroom/laboratory space requirements or
increased instructional costs resulting from the implementation of this
policy;
b.
that the approval of the faculty member in charge of the class must be
obtained by the auditor;
c.
that auditors receive only provisional permission to attend classes until
course registration is completed at the end of the add/drop period;
d.
that any special costs for course instruction other than normal tuition
charges be assessed auditors availing themselves of this opportunity.
e.
that a student who opts to enroll on an auditor basis under this policy may
not change to a credit basis during the term of enrollment;
f.
that students who later seek credit by university examination for a course
that they have audited must be enrolled in the university at the time the
examination is taken and are subject to appropriate tuition charge and
special course fees;
g.
that the UW System's general policy on the refund of academic fees will
apply to audit fees;
h.
access for individuals who are auditors-only will be limited to the library
and non-segregated fee funded activities of the student union. A special
identification card would be issued the auditor permitting such access. NO
FEE SHALL BE CHARGED FOR SUCH ACCESS. Except for library and
non-segregated fee funded activities of the student union, auditors-only
shall not be afforded any preferential access to university facilities which is
not afforded to the general public.
i.
that Regent, university and student government regulations applying to
students apply equally to audit enrollees;
j.
that the universities may determine which credit classes are open to auditors
under the terms of this policy.
The ability of degree-seeking students to audit classes is subject to the academic
policies of the institution. The normal per-credit tuition will be assessed audit
credits until the degree and audit credits equal the plateau where academic fees
are level. When the combination of degree and audit credits exceeds the fulltime credit plateau, additional fees shall be assessed.
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Subject to the institution's nonresident tuition remission authorization, the
chancellor may waive the nonresident portion of the per-credit charge for
nonresidents.
Add/Drop of Courses
(Approved 1/13/88-Chancellor)
Careful planning on the part of students and advisors should lead to programs for
students that are appropriate to the student's degree goal; therefore, the majority of
students should not have a need for adding or dropping once classes start. When
there are special reasons that do not permit a student to carry through his or her
course plan, the following policy serves as UW-Stout's procedures for adding or
dropping classes. The Registrar is charged with the implementation of the following
policy:
Faculty-Initiated
Drop
Students who do not attend the first class meeting of a course, and who do not notify
the instructor or department chairperson that they will be absent for special reasons,
may, at the instructor's option, be dropped from the course if and only if other
students are waiting to enroll at that time.
Student-Initiated
Add/Drop
Add Period for Semester Courses - First Two Weeks
Add Period for Quarter Courses - First Week
Students who wish to adjust their class schedules may add or drop classes during the
"Add Period." The dates are listed in the schedule book each term. The instructor
must sign the Program Change Card. The signature indicates that the instructor is
aware of the change and could give the space to another student.
This Program Change Card must then be submitted to the Registration and Records
Office. The change is official when it is processed in the Registration and Records
Office.
Failure to attend class or merely giving notice to instructors will not be considered an
official drop and will result in the student receiving failing grades.
Drops made during the first two weeks of semester courses or first week of quarter
courses will not appear on a student transcript. Drops after this time, but before the
mid-term date will appear on the student's transcript with a "WS" or "WU." A "WS"
or "WU" does not affect GPA calculation.
Lab fees will not be refunded for a drop after the first week.
NOTE: Students will not be allowed to drop the course 229-308, Meal Management,
after the second week of the semester.
Third Week to
Mid-Term Drops
Only
Students are expected to complete courses for which they register. However, if the
student deems it necessary to reduce his/her program after the normal (two weeks)
Add/Drop period, he/she should do so as early as possible.
The student must complete the Program Change Card, obtain the instructor's
signature together with a grade of WS or WU and submit it to the Registrar's Office.
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The student is strongly encouraged to consult with his or her instructor and advisor
prior to dropping a course. Such reductions in load would be allowed until the
midpoint of any term. The registrar will publish official mid-term drop dates in the
Class Schedule Book for each term of enrollment.
A mark of "WS" or "WU" is given by the instructor and recorded on the student
transcript for a course dropped after the add period of a semester or quarter course
but before the mid-term date.
After Mid-Term
Drops Only
After the mid-term date (as indicated on the university calendar) any withdrawal
from a course is recorded as an "F." If extenuating circumstances warrant other
consideration, an appeal may be made to the instructor of the course.
Students who register for a course but do not attend and do not officially withdraw
are given a mark of "F."
Evaluation Week
UW-Stout adopted the current Evaluation Week plan in the mid-1980's. Every
semester class as well as second/fourth quarter class is scheduled for a two-hour
evaluation period during the designated week. The evaluation period for each class
should occur at the time and date scheduled. It is expected that a meaningful
educational experience will take place during the evaluation period. In those rare
instances when a change is necessary for valid educational reasons, the change is to
be pre-approved by the school dean. Instructors are expected to accommodate
students who have three or more scheduled final exams on one day.
Grading Policy
1.
(Approved 5/19/87-Chancellor
Corrected 1/3/95-Associate Vice
Chancellor)
Each faculty member is responsible for providing a mark, based upon the
officially approved marking system, for every student enrolled in his or her
classes at the end of the term of enrollment.
a.
Marking System
(1) The academic achievement of undergraduate students is recorded by
the following system of marks with each mark's equivalent grade point:
A
AB+
B
BC+
C
CD+
D
DF
4.00
3.67
3.33
3.00
2.67
2.33
2.00
1.67
1.33
1.00
0.67
0.00
(2) The academic achievement of graduate students is recorded by the
following system of marks:
A 4.0
A- 3.67
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B+
B
BC+
C
D
F
I
IP
AU
3.33
3.00
2.67
2.33
2.00
1.00
0.00
Satisfactory
Marginal
Unsatisfactory*
Failure*
Incomplete
In Progress
Audit*
*May not be applied toward graduate degree requirements.
(3) Student teaching:
O
S
U
Outstanding
Satisfactory
Unsatisfactory
(a) Credit hours are recorded and apply to the undergraduate degree
program but are not counted in the GPA.
(4) Auditing of courses
AU Audited course
(a) A student auditing a course must receive prior approval from the
instructor of the class and must notify the Registrar's Office using
the approved form.
(b) Auditors must attend class but the taking of quizzes and
examinations is optional.
(c) Courses audited are counted as part of the student load but cannot
be counted toward meeting graduation requirements.
(d) Course that is audited may not be repeated for a mark.
(5) Undergraduate Credit/No Credit Option
CR Credit
NC No Credit
(a) The CR/NC Credit option may be elected by students who wish to
explore content outside their field of study without jeopardizing
their GPA.
(b) The appropriate standards for CR/NC will be determined by the
instructor of the course.
(c) The student may file the approval form for the CR/NC option
with the Registrar any time during the add period.
(d) The program director must sign the approval form for the CR/NC
option. Courses for which the CR/NC option is elected may be
applied to an undergraduate degree at the option of the program
director.
(e) A course for which the student has elected the CR/NC option and
in which the student receives the mark "NC" may not be repeated
with the CR/NC option.
(f) The marks of "CR" and "NC" are not used in calculating the
GPA. For the mark of "CR," credit hours are recorded and apply
to the undergraduate degree if approved by the program director.
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For the mark "NC," no credit hours are calculated into the grade
point average.
(g) A student may elect to receive a mark of "CR" or "NC" for a
maximum of ten percent of the courses in an undergraduate
degree, but for no more than one course in any term.
(h) The choice to receive a mark of "CR" or "NC" for a course, once
approved, is irreversible.
(6) Grade of Incomplete
I Grade of Incomplete
(a) In order to reduce the incidence of incomplete “I” coursework and
to help achieve satisfactory progress towards graduation, the
maximum number of credits of incompletes allowed is twelve (12)
at any one time. When the number of incomplete credits exceeds
this limit, a hold is placed on the student’s record that restricts
registration for future semesters. The hold is removed when
incomplete credits fall below twelve (12). All coursework
included on a student’s degree program must be complete with
grade posted to be eligible for degree conferral.
However,
incomplete courses not included on the degree program do not
need to be completed, but will expire to an “F” grade after one
year. Students are not permitted to withdraw from a course after
the end of the semester in which the course was taken, including
any incomplete course that is not a degree requirement.
Incompletes are not
calculated into a student’s grade point
average (GPA).
1.
Policy and Reasons to Request/Grant an Incomplete
Assignment of an Incomplete, “I” grade will require a
written agreement between the instructor and student
specifying the time and manner in which the student will
complete the course requirements.
Incompletes should only be requested or granted for
extenuating circumstances that are
• beyond the student’s control and/or:
• could not have been anticipated early enough in
the semester to warrant a drop (first 60% of
course).
Examples of acceptable reasons to requests/grant an
incomplete:
• significant or unexpected illness or self or close
family member
• death in the family
• called to active duty in the military
Incompletes should not be requested or granted for:
• personal convenience
• student attended only a few or no class sessions
• student is busy with requirements for other
courses
• student believes they can get a better grade with
additional time
2. Establishing Deadlines for Completion
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It is the course instructor’s right and responsibility to
determine deadlines for completion of all work listed on
the contract.
The University allows up to one year for completion of
the incomplete. The instructor may specify any time
limit from one day to one year. Exception: students
called to active military duty are allowed up to one
calendar year following their discharge from active
duty to complete their incomplete grade. An “I” must
be removed by the student up to one year from the date
the “I” is received. However, on the Incomplete Form
the instructor can assign a due date prior to one year.
When a final grade is assigned by the instructor, it
replaces the “I” and a notation appears on the
transcript. If extenuating circumstances warrant it at
the time of expiration, an additional extension of up to
one year can be requested by the student. If the
instructor approves the request, a Change of Grade
form is used to facilitate the extension. A one year
limit will be assigned unless noted otherwise. The
Department Chair approval is required for this time
extension.
If the student does not meet the instructor’s
requirements for completing the course by the
established time limit, the instruct may issue a grade
based on the coursework already completed.
Instructors are under no obligation to grant additional
time, or to serve as instructor beyond the specified
date. If the student does not complete the course by the
deadline, the student will be required to pay tuition if
the course is retaken.
Important note: In order to complete the “I” grade,
students are not allowed to “sit in” on future offerings
of the same course number without registering. If the
student cannot complete the contract work without
attending further classes, the student will receive the
grade earned and may reregister for the course.
3.
Chapter 4: Instructional and Research Activities
Procedure
• The student must contact the instructor before
the last day of class.
• If the instructor deems that circumstances
warrant an “I”, the instructor and student will
discuss specific guidelines, condition, and/or
time limits for course completion, and the
consequences of failure to complete outstanding
coursework.
• This understanding will be documented through
the use of the “Agreement for Completion of
Incomplete Grades”.
• The student and instructor should each retain a
signed copy, a third copy should be retained in
the department office, and the original copy
forwarded to Registration and Records.
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(7) In-Progress
IP
In-Progress
(a) A grade of "IP" is given for approved courses in which more than
one term is required for completion because of the nature of
course requirement.
1.
An "IP" may be given for graduate research papers, theses,
independent study, field experience, internship, co-op and
other courses for which this alternative has been approved
through the Curriculum and Instruction Committee approval
process. Not all courses may be graded with an “IP.” A list
of eligible courses available for “IP” grading may be found
here:
http://www.uwstout.edu/regree/timetable/0708.approvedcour
ses.pdf.
The Registration and Records Office will not accept grades
of “IP” for courses not formally approved.
(b) If the course requirements are not completed within two years
from the date the "IP" is received, the student must reregister for
the course to remove the "IP." During this process an "IP"
remains on the transcript. When a final grade is assigned by the
instructor, it replaces the “IP” and a notation appears on the
transcript. If extenuating circumstances warrant it at the time of
expiration, an additional extension of up to one year can be
requested by the student. If the instructor approves the request, a
Change of Grade form is used to facilitate the extension. A one
year limit will be assigned unless noted otherwise. The
Department Chair approval is required for this time extension.
(c) Records of “IP" grades are kept in the department offering the
course.
(8) Withdrawal
W Withdrawal from the university
WS Withdrawal from a class in which the student is doing
satisfactory work
WU Withdrawal from a class in which the student is doing
unsatisfactory work
(a) A mark of "W" is recorded for all courses in which a student is
enrolled if the student withdraws from the university prior to the
mid-term date. A mark of "W" is also recorded if the Registrar
corrects a registration after the add period.
(b) Withdrawal from a course during the add period of a semester or
quarter class will not appear on the student transcript.
(c) A mark of "WS" or "WU" is given by the instructor and recorded
on the student transcript for a course dropped after the add period
of a semester or quarter course but before the mid-term date.
(d) After the mid-term date (as indicated in the university calendar),
students who withdraw from a course will normally be assigned a
grade of "F." (Instructors may assign grades of "WS" or "WU" if,
in their judgment, it is warranted in individual cases.)
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(9) Repeat of Course
(a) Undergraduate: A student may repeat a course in which a mark
of "D" or "F" is received. Repeat of a course in which a mark of
"C" or "B" is received requires the prior permission of the
program director.
1.
The mark given when a course is repeated is used when
computing the GPA. However, the original mark remains on
the student transcript.
(b) Graduate: A student may repeat a course in which a mark of "D"
or "F" is received.
1.
Both the mark given when a course is repeated and the
original mark are used when computing the GPA and both
marks remain on the student transcript.
(c) The Registrar's Office must be informed of all courses being
repeated by the completion of a course repeat card at the
beginning of the term in which the course is being repeated.
Grade Changes
(Approved 7/13/94-Chancellor)
Students who feel they have received an incorrectly recorded grade should check
with the Registration and Records Office immediately upon receiving their grade
report.
Students who question the validity of a grade they have received should contact the
instructor directly or file a written request for a grade change with the department
chair. The department chair will try to contact the instructor who then decides
whether to make a change of grade. If it is determined that a mark should be
corrected, it is the responsibility of the instructor to initiate that action. If the
department chair is unable to contact the instructor, the department chair will make
the decision based on grade sheets left by the instructor. A grade correction form
must be submitted to the Director of Student Records and should carry signatures of
both the instructor of record and the department chair. Questions as to the validity of
a grade must be received within one year of the ending date of the semester/term in
which the grade is recorded.
Attendance
2.
a. The attendance policy of each instructor is to be submitted in writing to
each class. It may be discussed with or explained to the students.
b. While attendance is likely to affect the student's achievements, the
instructor of the class is urged not to use attendance as a major percentage
in the calculation of the student's mark for that class.
c. Students who do not attend the first class meeting of a course, or who do
not notify the instructor or department chairperson that they will be absent
for special reasons, may, at the instructor's option, be dropped from the
course if, and only if, other students are waiting to enroll at that time.
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Grade Reports
3.
Grade reports are due in the office of the registrar within three working days
after the end of the term in which the course is offered.
Exceptions
4.
a. Requests for exceptions to the marking system traditionally used in a course
must be submitted to the Curriculum and Instruction Committee for
approval after having been recommended by the appropriate department and
school. Exceptions are approved for two years at which time they are
subject to review either for continuation or revision.
b. Exceptions to the grading policy are submitted to the Faculty Senate
Educational Activities Committee for approval.
Retention of
Gradebooks
(Approved 7/13/94-Chancellor)
Accommodation of
Religious Beliefs
(UWS 22, 9/1/93)
Declaration of Policy
Definitions
Accommodation of
Religious Beliefs
Records of progress/grades, especially record books, are the property of the
university and should not be destroyed by individual instructors. Instructors leaving
the university should turn in record books and leave copies or detailed printouts from
computerized records with their respective department. Departments are to retain
said records for three years.
It is the policy of the Board of Regents that students' sincerely held religious beliefs
shall be reasonably accommodated with respect to all examinations and other
academic requirements. The Board of Regents adopts this chapter in order to ensure
that all institutions of the University of Wisconsin System have in place appropriate
mechanisms for ensuring the reasonable accommodation of students' sincerely held
religious beliefs, and for appeals related to these matters.
1.
"Board of Regents" or "Board" has the meaning given under UWS 1.02.
2.
"Chancellor" means the chief executive officer of a university, the University of
Wisconsin Centers, or the University Extension.
3.
"Examination or other academic requirement" means any course requirement
established by an instructor which will be considered in awarding the student's
grade in the course.
4.
"Institution" has the meaning given under UWS 1.06.
5.
"Instructor" has the meaning given under UWS 14.02(11).
6.
"Student" means any person who is registered for study in an institution of the
University of Wisconsin System for the current academic period.
1.
A student shall be permitted to make up an examination or other academic
requirement at another time or by an alternative method, without any prejudicial
effect, where:
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a. There is a scheduling conflict between the student's sincerely held religious
beliefs and taking the examination or meeting the academic requirements;
and
b. The student has notified the instructor, within the first three weeks of the
beginning of classes (within the first week of summer session and short
courses), of the specific days or dates on which he or she will request relief
from an examination or academic requirement.
Special Course Fees
(GAPP #29, 10/91)
Overview
Policy
2.
Instructors may schedule a make-up examination or other academic requirement
before or after the regularly scheduled examination or other academic
requirement.
3.
Instructors shall accept, at face value, the sincerity of students' religious beliefs.
4.
Student notification of instructors and requests for relief under sub. (1) shall be
kept confidential.
5.
Complaints of failure to provide reasonable accommodation of a student's
sincerely held religious beliefs as required by this rule may be filed under
institutional complaint and grievance procedures adopted pursuant to Chs. UWS
6 and 13.
6.
The chancellor of each institution shall, through appropriate institutional
publications (to include at a minimum the timetable and catalog), provide
notification to students and instructors of the rules for accommodation of
religious beliefs, and of the procedure and appropriate office for filing
complaints.
The Board of Regents of the University of Wisconsin System is empowered to
establish special course fees under the provisions of section 36.27(1) of the
Wisconsin Statutes. The intent of this paper is to formalize the UW System policy
on assessment of special course fees for credit courses.
Special course fees are defined as charges in addition to the regular instructional fee,
segregated fee and tuition. These fees are assessed to all students in a course or are
assessed or directly collected from individual students based on student-exercised
options.
In general, for courses required for degree completion, students should only be
charged a special course fee for those items which would not reasonably be included
in instructional fees. Special course fees, where approved, must be used solely for
support of the courses involved. All institutions must strive to administer the special
course fee funds in ways that provide students paying those fees a reasonable
opportunity to benefit equitably from the expenditure of the fee funds. Difficulty in
securing adequate regular budget support shall not be the determining factor in the
decision to charge selected students a special course fee.
In all instances where special course fees are approved, students must be advised
prior to registration that they will be expected to pay additional costs above
institutional instructional fees. Required special course fees must be clearly
specified in the university catalog/bulletin and/or timetable/class schedule.
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Guidelines
1.
Special course fees MUST be charged in the following situations:
a. When a student exercises an option to participate beyond the minimum
requirements of a course which results in additional supplies and expense
(S&E) costs to the institution.
b. When a student consumes the standard resources provided to all students to
complete course requirements and requires additional resources to complete
the requirements OR upgrades the materials used to complete the
requirements.
2.
Special course fees MAY be charged in the following situations:
a. For private lessons in vocal or instrumental music to all non-music major
students enrolled for private lessons. This fee may also be assessed to
music majors who elect to take additional lessons beyond the major degree
requirements; OR
b. For materials that result in a tangible product that is retained by the student
in a credit course; OR
c. For transportation and admission costs incurred on field trips required in
credit course instruction; OR
d. For extensive instructional handout materials that are clearly a replacement
for a principal textbook or substantial reference material for a course
(applies only to institutions without a Textbook Rental Program); OR
e. For supplementary textbooks and resource materials (applies to institutions
with a Textbook Rental Program); OR
f.
For other special or extraordinary costs of a course:
(1) which is not a requirement for any degree program OR
(2) when an alternative course is offered with no special course fees.
3.
Special course fees MAY NOT be charged in the following situations:
a. For the normal level of breakage or consumption of materials purchased by
the university for direct use by students in activities that are integral to
credit course instruction; OR
Key and similar type deposits may be required in order to insure the return
in reasonable condition (normal wear and tear excepted) of university
equipment and supplies temporarily assigned to the student.
b. For health and/or safety equipment required in carrying out course
activities; OR
c. For typical duplicated instructional handout materials; OR
d. For computer and other laboratory equipment usage, primary software,
maintenance and related supplies; OR
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e. In general, for activities related to required credit-course instruction not
identified in 1. or 2., even though these course activities represent special or
extraordinary costs.
4.
The following items are considered to be PERSONAL expenses of students.
a. Food, lodging and incidentals on all required field trips.
b. Transportation to sites related to student teaching, clinical assignments and
other types of practicums.
c. Personal health, safety and dress requirements related to instruction.
d. Recommended books and incidentals.
e. Required books, publications and instructional software templates for those
institutions without a Textbook Rental Program.
A special course fee may be assessed to students to facilitate the acquisition of
items a., c., and d. above.
Examples of when a special course fee must, may and may not be charged are
outlined in the appendix of GAPP #29.
Procedures
All special course fees must be approved in writing by the chancellor or designee(s).
The chancellor is responsible for insuring that these policies are observed and for
developing procedures at each institution. Exceptions may be authorized by the
chancellor or designee.
Collection of special course fees in the classroom is discouraged. Except in those
instances where payments are more appropriately paid directly to vendors, special
course fees assessed by the university must be deposited to and expended from state
accounts. Special course fees will be reviewed on a regular basis as part of the
Academic Fee Audit.
Students Participation
in UniversitySanctioned Activities
A university-sanctioned activity is defined as an activity that has been verified by the
class instructor or divisional head prior to the activity. Such activities include, but
are not limited to: course-related field trips, intercollegiate athletics, Student
Association conferences, forensics tournaments, and music tours. Student
participation in these events is recognized as an integral part of the educational
experience. To minimize conflict with other instruction, the dates of these scheduled
activities should be provided to participating students and academic departments
early in the semester.
The determination of student qualifications for or participation in these activities is
the responsibility of the class instructor or organizational advisor.
Instructional
Responsibility
Instructional staff must allow the student to make up missed activities/course work at
the convenience of the instructor. Class periods missed by attending a universitysanctioned activity should not be treated as an absence.
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Student
Responsibility
Students are expected to notify their respective instructors in advance of classes
which they will miss due to participation in a university-sanctioned activity and at
the convenience of the class instructor, will assume the responsibility for making up
work missed due to such absence.
Field Trip Fees
All fee charges for participation in field trips must be in compliance with UW
System's Special Course Fee Policy, GAPP #29, located earlier in this section.
Contact the Office of the Provost for current or additional information.
Agent Liability
(Volunteer)
The State of Wisconsin provides liability protection for its officers and employees
when acting within the scope of their employment. With prior approval this
protection can be extended to others such as volunteers, trainees, students in
professional training and the like (agents). For more information, please contact the
Office of Environmental Health and Safety.
Risk and Liability
Issues Concerning
Transportation of
Students
Transportation for student field trips may be provided in several ways. The
following guidelines from the UW System Risk Management manual spell out the
risk and liability issues associated with each type in recognition of the potential for
property damage and personal injury to students, staff and others during field trips.
Contact UW-Stout's Office of Environmental Health and Safety for additional
information.
1.
The first method of transportation recommended is that either university-owned
or chartered buses be used for field trips. This applies irrespective of the time
of day or duration of the trip. If charter buses are used, the university should
assure itself that at least $500,000 bodily injury coverage per individual applies
from the bus company insurance; that the bus is in good mechanical condition,
including tires; and that worker's compensation is in effect for all charter
company employees. The insurance information is obtained by a Certificate of
Insurance request.
2.
A second alternative is for the university employees to drive university-owned
vehicles to transport students on field trips. Important is the protection for the
university, the trip coordinator, and employee driver in the event of a liability
situation with respect to third parties.
3.
A third alternative is for university employees to drive their own automobiles
and carry the students with them. In this situation, the employee's liability
policy on his/her automobile will afford primary coverage in the event of a
mishap. While the university liability coverage is excess, we do not carry any
collision, medical, or uninsured motorists for non-owned vehicles.
4.
The next alternative would be to have university students who are employees as
drivers for the trip to be assigned to drive university-owned vehicles. Our
liability insurance will cover university vehicles in this case while being driven
by students on a payroll, provided an accepted driver authorization form is on
file prior to the trip. The reason it is suggested the student be on a payroll is so
that he/she has the advantage of worker's compensation coverage in the event
that he/she is injured through an accident involving him/her as driver.
University of Wisconsin System non-employee students injured while operating
a university-owned auto while on official university business would have
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medical coverage up to a limit of $5,000 per occurrence which is excess over all
other valid or collectible insurance.
5.
The least desirable alternative, although at times may be necessary, is for
students to drive personal vehicles. If university coverage is to be available as
excess over the owner's personal coverage, an acceptable driver authorization
form is again to be on file. If an incident occurs, the facts of the trip will
determine whether the incident was in fact one coverable by university's
liability coverage.
These guidelines are provided in an attempt to protect the University System, staff,
student driver(s), and field trip participants from as many situations as possible that
might occur during the transportation portion of their trip.
If the trip involves visiting a private industry, wherein inquiries are made about the
university's liability protection, such inquiry should be forwarded to Central Risk
Management.
In the event that an incident occurs, please notify the Security Office to report the
incident.
Contact UW-Stout's Office of Environmental Health and Safety for additional
information.
Unscheduled Courses
Instructional activities conducted on campus utilizing university facilities and the
service of the university personnel and for which fees are collected must be approved
in the same manner as any other learning experience. Fees would be collected in the
same manner as the procedure already existing for other university learning
experiences.
Summer Session
The University of Wisconsin-Stout offers a comprehensive summer session of up to
ten weeks in length. Individual sessions range from weekend courses to one, two,
three, four, six and eight week offerings. Registration is available on Monday of
each week. A student normally may earn no more than ten semester credits in a
summer by completing the precession and regular session. Because many courses
are offered on a rotational basis during the summer, contact the appropriate
department or the Summer Session Office for exact offerings.
The staff for the summer session is appointed from regular university faculty and
academic staff and visiting faculty.
Student Academic
Disciplinary
Procedures
(UWS 14, 2/89)
UWS 14.01 Statement of Principles. The board of regents, administrators, faculty,
academic staff and students of the University of Wisconsin System believe that
academic honesty and integrity are fundamental to the mission of higher education
and of the University of Wisconsin System. The university has a responsibility to
promote academic honesty and integrity and to develop procedures to deal
effectively with instances of academic dishonesty. Students are responsible for the
honest completion and representation of their work, for the appropriate citation of
sources, and for respect of others' academic endeavors. Students who violate these
standards must be confronted and must accept the consequences of their actions.
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Definitions
In this Chapter:
(UWS 14.02)
1.
"Academic misconduct" means an act described in s. UWS 14.03.
2.
"Academic misconduct hearing committee" means the committee or hearing
examiner appointed pursuant to s. UWS 14.15 to conduct hearings under s.
UWS 14.08.
3.
"Chancellor" means the chancellor or designee.
(UW-Stout 14.02 (3))
"Chancellor" means the Dean of Students.
4.
"Days" means calendar days.
5.
"Disciplinary file" means the record maintained by the student affairs officer
responsible for student discipline.
6.
"Disciplinary probation" means a status in which a student may remain enrolled
in the university only upon the condition that the student complies with
specified standards of conduct for a specified period of time, not to exceed 2
semesters.
7.
"Disciplinary sanction" means any action listed in s. UWS 14.04 taken in
response to student academic misconduct.
8.
"Expulsion" means termination of student status with resultant loss of all
student rights and privileges.
9.
"Hearing examiner" means an individual appointed by the chancellor in
accordance with s. UWS 14.15 for the purpose of conducting a hearing under s.
UWS 14.08.
10. "Institution" means any university or center, or organizational equivalent
designated by the board.
11. "Instructor" means the faculty member or instructional academic staff member
who has responsibility for the overall conduct of a course and ultimate
responsibility for the assignment of the grade for the course.
12. "Investigating officer" means an individual, or his or her designee, appointed by
the chancellor of each institution to carry out certain responsibilities in the
course of investigations of academic misconduct under this chapter.
13. "Student" means any person who is registered for study in an institution for the
academic period in which the misconduct occurred.
14. "Student affairs officer" means the dean of students or student affairs officer
designated by the chancellor to carry out duties described in this chapter.
15. "Suspension" means a loss of student status for a specified length of time, not to
exceed 2 years, with resultant loss of all student rights and privileges.
1.
Academic misconduct is an act in which a student:
a. Seeks to claim credit for the work or efforts of another without
authorization or citation;
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b.
c.
d.
e.
Academic Misconduct
Subject to
Disciplinary Action
(UWS 14.03)
f.
2.
Disciplinary Sanctions 1.
(UWS 14.04)
Examples of academic misconduct include, but are not limited to: cheating on
an examination, collaborating with others in work to be presented, contrary to
the stated rules of the course; submitting a paper or assignments as one's work
when a part or all of the paper or assignment is the work of another; submitting
a paper or assignment that contains ideas or research of others without
appropriately identifying the sources of those ideas; stealing examinations or
course materials; submitting, if contrary to the rules of a course, work
previously presented in another course; tampering with the laboratory
experiment or computer program of another student; knowingly and
intentionally assisting another student in any of the above, including assistance
in an arrangement whereby any work, classroom performance, examination or
other activity is submitted or performed by a person other than the student
whose name the work is submitted or performed.
The following are the disciplinary sanctions that may be imposed for academic
misconduct in accordance with the procedures of s. UWS 14.05, 14.06 or 14.07:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Disciplinary Sanction
Imposed at the
Discretion of the
Instructor
Uses unauthorized materials or fabricated data in any academic exercise;
Forges or falsifies academic documents or records;
Intentionally impedes or damages the academic work of others;
Engages in conduct aimed at making false representation of a student's
academic performance; or
Assists other students in any of these acts.
An oral reprimand;
A written reprimand presented only to the student;
An assignment to repeat the work, to be graded on its merits;
A lower or failing grade on the particular assignment or test;
A lower grade in the course;
A failing grade in the course;
Removal of the student from the course in progress;
A written reprimand to be included in the student's disciplinary file;
Disciplinary probation; or
Suspension or expulsion from the university.
2.
One or more of the disciplinary sanctions listed in sub. (1) may be imposed for
an incident of academic misconduct.
1.
Where an instructor concludes that a student enrolled in one of his or her
courses has engaged in academic misconduct in the course, the instructor for
that course may impose one or more of the following disciplinary sanctions as
listed under s. UWS 14.04 (1) (a) through (c):
(UWS 14.05)
a. An oral reprimand;
b. A written reprimand presented only to the student; or
c. An assignment to repeat the work, to be graded on its merits.
2.
No disciplinary sanction may be imposed under this section unless the instructor
promptly offers to discuss the matter with the student. The purpose of this
discussion is to permit the instructor to review with the student the bases for his
or her belief that the student engaged in academic misconduct, and to afford the
student an opportunity to respond.
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3.
A student who receives a disciplinary sanction under this section has the right to
a hearing before the academic misconduct hearing committee under s. UWS
14.08 to contest the determination that academic misconduct occurred, or the
disciplinary sanction imposed, or both. If the student desires such a hearing, he
or she must file a written request with the student affairs officer within 10 days
of imposition of the disciplinary sanction by the instructor.
Disciplinary Sanction
Imposed Following a
Report of Academic
Misconduct by the
Instructor
Where an instructor believes that a student enrolled in one of his or her courses has
engaged in academic misconduct and the sanctions listed under s. UWS 14.04 (1) (a)
through (c) are inadequate or inappropriate, the instructor may proceed in accordance
with this section to impose, subject to hearing rights in s. UWS 14.08, one or more of
the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h).
(UWS 14.06)
1.
Conference with student: When an instructor concludes that proceedings under
this section are warranted, the instructor shall promptly offer to discuss the
matter with the student. The purpose of this discussion is to permit the
instructor to review with the student the bases for his or her belief that the
student engaged in academic misconduct, and to afford the student an
opportunity to respond.
2.
Determination by the instructor that no academic misconduct occurred: If as a
result of a discussion under sub. (1), the instructor determines that academic
misconduct did not in fact, occur or that no disciplinary sanction is warranted
under the circumstances, the matter will be considered resolved without the
necessity for further action or a written report.
3.
Process following determination by the instructor that academic misconduct
occurred:
a. If as a result of a discussion under sub. (1), the instructor determines that
academic misconduct did occur and that one or more of the disciplinary
sanctions listed under s. UWS 14.04 (1) (d) through (h) should be
recommended, the instructor shall prepare a written report so informing the
student, which shall contain the following:
(1) A description of the misconduct;
(2) Specification of the sanction recommended;
(3) Notice of the student's right to request a hearing before the academic
misconduct hearing committee; and
(4) A copy of the institutional procedures adopted to implement this
section.
b. The written report shall be delivered personally to the student or be mailed
to the student by regular first class United States mail at his or her current
address, as maintained at the institution. In addition, copies of the report
shall be provided to the institution's student affairs officers and to others
authorized by institutional procedures.
c. A student who receives a written report under this section has the right to a
hearing before the academic misconduct hearing committee under s. UWS
14.08 to contest the determination that academic misconduct occurred, or
the choice of disciplinary sanction or both. If the student desires the
hearing before the academic misconduct hearing committee, the student
must file a written request with the student affairs officer within 10 days of
personal delivery or mailing of the written report. If the student does not
request a hearing within this period, the determination of academic
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misconduct shall be regarded as final, and the disciplinary sanction
recommended shall be imposed.
4.
Process following determination by the instructor that disciplinary probation,
suspension or expulsion may be warranted:
a. If, as a result of a discussion under sub. (1), the instructor determines that
academic misconduct did occur and that disciplinary probation, suspension
or expulsion under s. UWS 14.04 (1) (i) or (j) should be recommended, the
instructor shall provide a written report to the investigating officer, which
shall contain the following:
(1) A description of the misconduct; and
(2) Specification of the sanction recommended.
b. Upon receipt of a report under this subsection, the investigating officer may
proceed, in accordance with s. UWS 14.07, to impose a disciplinary
sanction.
Disciplinary Sanction
Imposed Following a
Report of Academic
Misconduct by the
Investigating Officer
The investigating officer may proceed in accordance with this section to impose,
subject to hearing and appeal rights, one or more of the disciplinary sanctions listed
in s. UWS 14.04 (1) (g) through (j).
1.
(UWS 14.07)
Authority of investigating officer. The investigating officer may proceed in
accordance with this section, when he or she received information that a student
at the institution has engaged in alleged academic misconduct and;
a. Some or all of the alleged academic misconduct occurred outside the scope
of any course for which the involved student is currently registered;
b. The involved student has previously engaged in academic misconduct
subject to the disciplinary sanctions listed in s. UWS 14.04 (1) (d) through
(j);
c. The alleged misconduct would, if proved to have occurred, warrant a
sanction of disciplinary probation, suspension or expulsion; or
d. The instructor in the course is unable to proceed.
2.
Conference with student. When the investigating officer concludes that
proceedings under this section are warranted, he or she shall promptly offer to
discuss the matter with the student. The purpose of this discussion is to permit
the investigating officer to review with the student the bases of his or her belief
that the student engaged in academic misconduct, and to afford the student an
opportunity to respond.
3.
Conference with instructor. An investigating officer proceeding under this
section shall discuss the matter with an involved instructor. This discussion
may occur either before or after the conference with the student. It may include
consultation with the instructor or the facts underlying the alleged academic
misconduct and on the propriety of the recommended sanction.
4.
Determination by the investigating officer that no academic misconduct
occurred. If, as a result of discussions under subs. (2) and (3), the investigating
officer determines that academic misconduct did not in fact occur or that no
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disciplinary sanction is warranted under the circumstances, the matter will be
considered resolved without the necessity for further action or a written report.
5.
Process following determination by the investigating officer that academic
misconduct occurred.
a. If, as a result of discussions under subs. (2) and (3), the investigating officer
determines that academic misconduct did occur and that one or more of the
disciplinary sanctions listed under s. UWS 14.04 (1) (g) through (j) should
be recommended, the investigating officer shall prepare a written report so
informing the students, which shall contain the following:
(1) A description of the misconduct;
(2) Specification of the sanction recommended;
(3) Notice of the student's right to a hearing before the academic
misconduct hearing committee; and
(4) A copy of the institutional procedures adopted to implement this
section.
b. The written report shall be delivered personally to the student or mailed to
the student by regular first class United States mail at his or her current
address, as maintained at the institution. In addition, a copy of the report
shall be provided to the instructor and to the institution's student affairs
officer.
c. A student who receives a written report under this section has the right to a
hearing before the academic misconduct hearing committee under s. UWS
14.08 to contest the determination that academic misconduct occurred, or
the choice of disciplinary sanction, or both.
(1) Except in cases where the disciplinary sanction recommended is
disciplinary probation, suspension or expulsion, if the student desires
the hearing before the academic misconduct hearing committee, the
student must file a written request with the student affairs officer
within 10 days of personal delivery or mailing of the written report. If
the student does not request a hearing within this period, the
determination of academic misconduct shall be regarded as final, and
the disciplinary sanction recommended shall be imposed.
(2) In cases whereby the disciplinary sanction recommended is
disciplinary probation, suspension or expulsion the student affairs
officer shall upon receipt of the written report under par. (b) proceed
under s. UWS 14.08 to schedule a hearing on the matter. The purpose
of the hearing shall be to review the determination that academic
misconduct occurred and the disciplinary sanction recommended. A
hearing will be conducted unless the student waives, in writing, the
right to such a hearing.
Hearing
(UWS 14.08)
1.
If a student requests a hearing, or a hearing is required to be scheduled under s.
UWS 14.07 (5) (c) (2), the student affairs officer shall take the necessary steps
to convene the academic misconduct hearing committee and shall schedule the
hearing within 10 days of receipt of the request or written report, unless a
different time period is mutually agreed upon by the student, instructor or
investigating officer, and the members of the hearing committee.
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2.
Reasonably in advance of the hearing, the committee shall obtain from the
instructor or investigating officer, in writing, a full explanation of the facts upon
which the determination of misconduct was based, and shall provide a copy of
ch. UWS 14 to the student.
3.
The hearing before the academic misconduct hearing committee shall be
conducted in accordance with the following requirements:
a. The students shall have the right to question adverse witnesses, the right to
present evidence and witnesses, and to be heard in his or her own behalf,
and the right to be accompanied by a representative of his or her choice.
b. The hearing committee 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.
c. The hearing committee shall make a record of the hearing. The record shall
include a verbatim record of the testimony, which may be a sound
recording, and a file of the exhibits offered at the hearing. Any party to the
hearing may obtain copies of the record at his or her own expense. Upon a
showing of indigency and legal need, a party may be provided a copy of the
verbatim record of the testimony without charge.
d. The hearing committee shall prepare written findings of fact and a written
statement of its decision based upon the record of the hearing.
e. The hearing committee may find academic misconduct and impose a
sanction of suspension or expulsion only if the proof of such misconduct is
clear and convincing. In other cases, a finding of misconduct must be based
on a preponderance of the credible evidence.
f.
The committee may impose a disciplinary sanction that differs from the
recommendation of the instructor or investigating officer.
g. The instructor or the investigating officer or both may be witnesses at the
hearing conducted by the committee, but do not have responsibility for
conducting the hearing.
h. The decision of the hearing committee shall be served upon the student
either by personal delivery or by first class United States mail and shall
become final within 10 days of service, unless an appeal is taken under s.
UWS 14.09.
Appeal to the
Chancellor
(UWS 14.09)
1.
Where the sanction prescribed by the hearing committee is suspension or
expulsion, the student may appeal to the chancellor to review the decision of the
hearing committee on the record. In such a case, the chancellor shall sustain the
decision of the academic misconduct hearing committee unless the chancellor
finds:
a. The evidence of record does not support the findings and recommendations
of the hearing committee;
b. Established procedures were not followed by the academic misconduct
hearing committee and material prejudice to the student resulted; or
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c. The decision was based on factors prescribed by state or federal law
regarding equal educational opportunities.
2.
Discretionary Appeal
to the Board of
Regents
If the chancellor makes a finding under sub. (1), the chancellor may remand the
matter for consideration by a different hearing committee, or in the alternative,
may invoke an appropriate remedy of his or her own.
Institutional decisions under s. UWS 14.05 through 14.09 shall be final, except that
the board of regents may, at its discretion, grant a review upon the record.
(UWS 14.10)
Settlement
(UWS 14.11)
Effect of Discipline
Within the University
System
The procedures set forth in this chapter do not preclude a student from agreeing that
academic misconduct occurred and to the imposition of a sanction, after proper
notice has been given. Required written reports, however, may not be waived.
Suspension or expulsion shall be systemwide in effect.
1.
A student who is suspended or expelled from one institution in the University of
Wisconsin System may not enroll in another institution in the system unless the
suspension has expired by its own terms or one year has elapsed after the
student has been suspended or expelled.
2.
Upon completion of a suspension period, a student may re-enroll in the
institution which suspended him or her as if no suspension had been imposed.
(UWS 14.12)
Right to Petition for
Readmission
(UWS 14.13)
(UW-Stout 14.13)
A student who has been expelled may petition for readmission, and a student who
has been suspended may petition for readmission prior to the expiration of the
suspension period. The petition for readmission must be in writing and directed to
the chancellor of the institution from which the student was suspended or expelled.
The petition may not be filed before the expiration of one year from the date of the
final determination in expulsion cases, or before the expiration of one-half of the
suspension period in suspension cases. The chancellor shall, after consultation with
elected representative of the faculty, academic staff, and students, adopt procedures
for determining whether such petitions will be granted or denied.
The petition for readmission must be in writing and directed to the Dean of Students.
A review committee shall be formed to advise the Dean of Students. One member of
the committee shall be drawn at random from each of the following: UW-Stout
Implementation 14.15(1)(a), (b), (c).
The chancellor of each institution, in consultation with faculty and academic staff,
and student representatives, shall designate an investigating officer or officers for
student academic misconduct. The investigating officer shall have responsibility for
investigating student academic misconduct and initiating procedures for academic
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(UWS 14.14)
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misconduct under s. UWS 14.07. An investigating officer may also serve on the
academic misconduct hearing committee for a case, if he or she has not otherwise
been involved in the matter.
(UW-Stout 14.14)
The Chancellor of the University of Wisconsin-Stout, after consultation with the
UW-Stout Faculty Senate, Senate of Academic Staff, and the Stout Student
Association, will designate three investigating officers, one being from the Graduate
College. The investigating officer(s) shall (1) serve as a resource for faculty/staff;
(2) serve to mediate with instructor/student; and (3) have the responsibility for
investigating student academic misconduct and initiating procedures for academic
misconduct under UWS 14.07. An investigating officer may also serve on the
Academic Misconduct Hearing Committee for a case, if he or she has not otherwise
been involved in the matter.
Academic Misconduct
Hearing Committee:
Institutions Option
The chancellor or each institution, in consultation with faculty, academic staff, and
student representatives, shall adopt policies providing for the establishment of a
Student Academic Misconduct Hearing Committee or designation of a hearing
examiner to fulfill the responsibilities of the academic misconduct hearing
committee in this chapter.
(UWS 14.15)
(UW-Stout 14.15)
The Chancellor of the University of Wisconsin-Stout, in consultation with the UWStout Faculty Senate, Senate of Academic Staff, and the Stout Student Association,
has adopted regulations providing for the establishment of a Student Academic
Misconduct Hearing Committee to fulfill the responsibilities of the academic
misconduct hearing committee in this chapter.
1.
A Student Academic Misconduct Hearing Committee shall consist of at least 3
persons, including a student or students, and the presiding officer shall be
appointed by the Chancellor. The presiding officer and at least one other
member shall constitute a quorum at any hearing held pursuant to due notice.
2.
A Student Academic Misconduct Hearing Committee shall consist of at least 3
persons, including a student or students, a classroom teacher, and the committee
chair appointed by the Chancellor. The presiding officer and at least one other
member shall constitute a quorum at any hearing held pursuant to due notice.
a. The legislative division of the Stout Student Association shall after April 1
but prior to May 1 of each calendar year, appoint from among the student
body ten full-time students who will serve as a reservoir of possible Student
Academic Misconduct Hearing Committee members for the following year
commencing July 1 and ending June 30.
b. The Stout Faculty Senate shall, after April 1 but prior to May 1 of each
calendar year, appoint five full-time faculty members who will serve as a
reservoir of possible Student Academic Misconduct Hearing Committee
members for the following year commencing July 1 and ending June 30.
c. The Senate of Academic Staff shall, after April 1 but prior to May 1 of each
calendar year, appoint five full-time academic staff members who will serve
as a reservoir of possible Student Academic Misconduct Hearing
Committee members for the following year commencing July 1 and ending
June 30.
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d. The student under charges shall select from among the students appointed
by the Stout Student Association four (4) members to serve on the Student
Academic Misconduct Hearing Committee.
e. The investigating officer shall select from among the faculty and staff
members appointed by the Stout Faculty Senate and Senate of Academic
Staff, 2 faculty and 2 academic staff members to serve on the Student
Academic Misconduct Hearing Committee.
f.
The student under charges must disqualify two of the investigating officer's
choices.
g. The investigating officer must disqualify two of the student's choices.
h. Either party (student or investigating officer) shall have the right to
challenge for cause either or both of the other party's remaining choices.
The presiding officer shall decide the validity of the challenge for cause. If
the challenge is successful, the presiding officer shall appoint (a) new
member(s) from the appropriate group, e.g. the student challenges for cause
a faculty member chosen by the investigating officer. The presiding officer
decides the cause is valid and appoints from among the original ten (but
excluding the two the student has disqualified) a new member.
i.
3.
Notice to Students
(UWS 14.16)
The above process will result in a Student Academic Misconduct Hearing
Committee of five members each of whom shall have a vote. The
committee will have two full-time students, two full-time staff members,
and a presiding officer appointed by the Chancellor. Hearings will be
adjudicated pursuant to 14.08 of these guidelines and all judicial decisions
shall be by majority vote.
A hearing examiner shall be selected by the Chancellor from the faculty and
staff of the institution.
Each institution shall publish and make freely available to students copies of ch.
UWS 14 and any institution policies implementing ch. UWS 14.
The complete text of UWS 14 is printed in the UW-Stout Student Handbook.
RESEARCH ACTIVITIES
Protection of Human
Subjects
(Summary of UW-Stout 76-2)
Revised 6/86
UW-Stout encourages and supports free and responsible research investigation by
faculty, staff, and students. When research is conducted using university facilities or
otherwise under its sponsorship, the individuals conducting the inquiry act as
university representatives. It is the policy of the university that all research studies,
including those involving human subjects, shall be under the supervision of a
qualified faculty or staff member and carried out so as to safeguard the rights and
welfare of the subjects in compliance with the U.S. Department of Health and
Human Services regulations on the Protection of Human Subjects stated in the Code
of Federal Regulations 45 and 46, as amended and interpreted.
The Federal Code states that "no investigator may involve a human being as a
subject in research covered by these regulations unless the investigator has obtained
the legally effective informed consent of the subject or the subject's legally
authorized representative. An investigation shall seek such consent only under
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circumstances that provide the prospective subject or the representative sufficient
opportunity to consider whether or not to participate and that minimize the
possibility of coercion or undue influence. The information that is given to the
representative or subject shall be in language understandable to the subject or the
representative. No informed consent, whether oral or written, may include any
exculpatory language through which the subject or the representative is made to
waive or appear to waive any of the subject's legal rights, or releases or appears to
release the investigator, the sponsor, the institution, or its agents from liability or
negligence."
The policy also establishes the basic elements of informed consent, contains the
prescribed Informed Consent form, and describes projects requiring review and
approval prior to being initiated.
Inquiries should be directed to the Office of Research Promotion Services.
The Care and Use of
Animals
(Summary of UW-Stout Policy,
7/22/82)
UW-Stout is committed to compliance with federal laws and other applicable laws
and regulations relating to the humane care and use of animals used in research,
experimentation, testing, training, or related purposes. The policy defines terms
associated with use of animals in research and establishes the principles related to the
personnel involved with care of or experiments with animals; research purpose and
procedures; facilities in which laboratory animals are housed; and transportation of
them.
Inquiries should be directed to the Office of Research Promotion Services.
Scientific Misconduct
Policy
(Summary of UW-Stout 93-57)
(2/18/93)
This campus policy defines misconduct as the fabrication or falsification of data,
research procedure or data analysis; plagiarism; or other fraudulent activities in
proposing, conducting, reporting, or reviewing the results of research. Misconduct
does not include honest error or honest differences in interpretations or judgments of
data.
The policy, mandated by the federal government, establishes detailed procedures for
dealing with allegations of scientific misconduct and intellectual dishonesty in ways
that protect the institution as well as the rights and reputations of individuals
involved. Inquiries should be directed to Research Promotion Services which
coordinates implementation of the policy.
Student Nonacademic
Disciplinary
Procedures
(UWS 17)
The complete text of UWS 17 which acknowledges the need to preserve the orderly
processes of the University with regard to its teaching, research and public service
missions, as well as the need to observe the student's procedural and substantive
rights is printed in the UW-Stout Student Handbook. Section 17.06 defines the
situations in which the University may discipline a student in nonacademic matters.
Inquiries should be directed to the Dean of Students.
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CHAPTER V: HUMAN RIGHTS AND RESPONSIBILITIES
Within this Chapter, to distinguish the UW-Stout policies and procedures from other policies and
procedures, the UW-Stout material appears in italics.
Equal Employment
Opportunity /
Affirmative Action
(UW-Stout 86-47, Rev. 5,
8/3/92)
Background
Equal employment opportunity is a legal, social, and economic necessity for the
nation and its institutions, including this university.
The University of Wisconsin-Stout will carry out its Equal Employment
Opportunity/Affirmative Action (EEO/AA) responsibilities in accordance with UW
System EEO policies, Wisconsin Statute Chapter 230, the Wisconsin Fair
Employment Law, Executive Order 28, and the following federal EEO/AA laws and
executive orders, as amended: Equal Pay Act of 1963, Title VII of the Civil Rights
Act of 1964, Age Discrimination in Employment Act of 1967, Sections 503 and 504
of the Rehabilitation Act of 1973, Executive Order 11246, the Vietnam Era Veteran's
Readjustment Assistance Act of 1974 (Section 402), the Americans with Disabilities
Act of 1990, the Civil Rights Act of 1991, and the 1991 Wisconsin Act 101. Other
laws may also apply to the implementation of equal employment opportunity and
affirmative action at UW-Stout.
Statement of Policy
1.
It is the policy of the University of Wisconsin-Stout to ensure the active and
positive implementation of federal, state, University of Wisconsin System, and
local EEO/AA laws, executive orders, policies, guidelines, plans, rules, and
regulations in all aspects of employment and personnel activities and
transactions of the university.
2.
The university is committed to nondiscrimination in its employment practices
and to equal employment opportunity for all persons regardless of race, color,
creed, religion, sex, sexual orientation, national origin or ancestry, age,
disability, marital status, political affiliation, arrest or conviction record, identity
as a veteran, disabled veteran, Vietnam veteran, or the spouse of a veteran or
membership in the national guard, state defense force, or any reserve component
of the military forces of the United States or of this state. Retaliation is also a
form of discrimination and is therefore prohibited.
3.
The university is committed to implementing affirmative action in order to
overcome the effects of past discrimination and to provide equal employment
opportunities. The university recognizes the need to take affirmative action
where underutilization exists for racial/ethnic minorities, females, and/or
persons with disabilities in student, classified, LTE, project, and/or unclassified
positions.
4.
The faculty of the university will undertake good faith efforts for affirmative
action and equal employment opportunity in all personnel actions in which
individual faculty participate in making recommendations and/or decisions.
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Responsibility for
Implementation
Policy
Implementation
5.
The university prohibits harassment by supervisors or coworkers on the basis of
race, color, creed, religion, sex, sexual orientation, national origin or ancestry,
age, disability, marital status, political affiliation, arrest or conviction record,
identity as a veteran, disabled veteran, Vietnam veteran, or the spouse of a
veteran or membership in the national guard, state defense force, or any reserve
component of the military forces of the United States or of this state.
6.
The university will maintain and support an affirmative action office.
1.
The university vests primary responsibility for affirmative action with the
chancellor, division administrators, and related administrative and supervisory
personnel through the development and implementation of its affirmative action
plan.
2.
The director of affirmative action will report directly to the chancellor for the
purpose of ensuring equal opportunity in employment and affirmative action.
The director will monitor and evaluate the implementation of the EEO/AA plan
and will serve as a resource and support person to university groups concerned
with equal employment opportunity and affirmative action for both classified
and unclassified personnel.
3.
The chancellor will submit an annual EEO/AA progress report to the president
of the University of Wisconsin System and/or the Division of Affirmative
Action, as appropriate. The report will assess institutional progress toward
affirmative action goals and compliance with appropriate laws, regulations, and
policies.
1.
The university will examine periodically all employment policies, practices, and
procedures for evidence of discrimination on the bases listed under Statement of
Policy above, par. 2. and will take remedial action to correct any discrimination
found to exist.
2.
The university will implement affirmative action in all terms, conditions, and
privileges of employment including, but not limited to, recruitment, testing,
certification, hiring, training, transfers, promotions, retention, fringe benefits,
compensation, layoffs, disciplinary actions, terminations, and committee
appointments.
3.
The university will maintain a written affirmative action plan; will make the
plan readily available for reference in division and school offices, the Library
Learning Center, and the Equal Opportunity/Affirmative Action office; and will
make summaries available for distribution and publication.
4.
The university's EEO/AA policy, as well as related policies, such as the Sexual
Harassment policy, will be disseminated throughout the university community
by placing them in the UW-Stout Faculty, Academic Staff and Limited
Appointees Handbook, the Classified Employees Handbook, the Student
Employment Handbook, and the university EEO/AA plan.
5.
The university will maintain an affirmative action committee or committees, as
appropriate, composed of faculty, academic staff, classified employees, and
students to advise the administration on affirmative action needs and concerns
and to assist the affirmative action director in designing and implementing
programs.
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Complaint/Grievance
Procedure
6.
The university will prepare an affirmative action report at least once a year.
This report will include an analysis of affirmative action progress made together
with any specific corrective actions necessary to meet expected goals and
objectives of the university's affirmative action plan.
7.
Upon the request of an employee, the university will provide reasonable
accommodations for persons with disabilities to ensure equal access to
employment.
8.
Upon request of an employee, the university will provide reasonable
accommodations for religious observances and practices.
9.
Performance evaluations of university administrators, supervisory staff, and,
where applicable, faculty will include an assessment of their attention to and
support of affirmative action. Their position descriptions will include EEO/AA
responsibilities.
1.
The university will provide information in the UW-Stout Faculty, Academic
Staff and Limited Appointees Handbook, the Student Handbook, and the
Classified Handbook about the complaint/grievance procedure (Positive Action
Procedure). These procedures provide for prompt and fair resolution of
complaints alleging harassment and discrimination in employment. Complaints
by bargaining unit employees alleging discrimination or harassment are covered
by the specified procedure in the applicable union contract.
2.
Employees who need information about complaint or grievance procedures or
who wish to initiate such action may contact the affirmative action director, the
director of Human Resources, or local union representatives, as appropriate.
Information about equal employment opportunity for AFDC recipients, alternative
work patterns or training is available from the Equal Opportunity/Affirmative Action
Office or the Human Resources Office.
Disability
Accommodation
Policy and Procedures
(UW-Stout 89-50, 7/27/89)
Background
Definitions
1.
Both State and Federal equal opportunity laws include the concept of
"reasonable accommodation" as a key element in providing equal employment
opportunity for persons with disabilities.
2.
The Department of Employment Relations of the State of Wisconsin requires
each state agency, as defined in s.230.03 of the State Statutes, to have written
reasonable accommodation policy and procedures.
1.
Disabled individual is the preferred term although state and federal law use the
term "handicapped individuals." For purposes of this policy the term
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"disability" is used with the understanding that it has the same meaning as
"handicap" in state and federal law.
State Fair Employment Act (s.111.32): "Handicapped individual" means an
individual who:
a.
Has a physical or mental impairment which makes achievement unusually
difficult or limits the capacity to work.
b.
Has a record of such an impairment.
c.
Is perceived as having such an impairment.
Federal Rehabilitation Act (section 504):
a.
Has a mental or physical impairment which substantially limits one or more
of such person's major life activities.
b.
Has a record of such impairment.
c.
Is regarded as having such an impairment.
"Major life activities" include functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
working.
Policy Statement
2.
A qualified disabled individual is one whose experience, education, and/or
training enable the person, with reasonable accommodation, to perform the
essential functions of the job or to participate in the educational opportunities,
programs, and activities of the university.
3.
Reasonable accommodation is the effort made to make adjustments for the
impairment of an employee or applicant by structuring the job or the work
environment in a manner that will enable the disabled individual to perform the
essential functions of the job. Reasonable accommodation includes, but is not
limited to, making facilities accessible, adjusting work schedules, restructuring
jobs, providing assistive devices or equipment, providing readers or interpreters,
and modifying work sites.
1.
It is the policy of the University of Wisconsin-Stout to provide reasonable
accommodations for qualified disabled individuals who are employees or
applicants for employment.
2.
The University of Wisconsin-Stout will adhere to applicable federal and state
laws, regulations, and guidelines with respect to providing reasonable
accommodations as required to afford equal employment opportunity to disabled
individuals.
3.
Reasonable accommodations will be made in a timely manner.
4.
Employment opportunities shall not be denied because of the need to make
reasonable accommodations to an individual's disability.
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Implementation
Procedures to
Request
Accommodations
1.
Applicants for Employment
a.
All applicants who are invited for interviews will be informed of the agency
policy to provide reasonable accommodations for applicants and employees
with disabilities. They will be informed that they can request
accommodation for interviews and be informed how to make the requests.
The following paragraph will be added if a letter is used as part of the
interview scheduling process:
"It is the policy of the University of Wisconsin-Stout to provide reasonable
accommodations for qualified persons with disabilities who are employees
or applicants for employment. If you need assistance or accommodations to
interview because of a disability (physical or mental impairment), please
contact the Human Resources Office. Employment opportunities will not
be denied to anyone because of the need to make reasonable
accommodations to a person's disability."
If all interview arrangements are made by phone, this information will be
given as part of the phone conversation.
b.
If applicants are asked questions regarding their ability to perform required
job duties, all applicants should be asked the same questions. Each question
may be prefaced with a statement regarding the agency's willingness to
provide reasonable accommodations.
Applicants may not be asked whether or not they have a disability.
2.
c.
If an applicant indicates during the interview process that he or she has a
disability, follow-up questions regarding possible accommodations may be
pursued.
d.
Qualified applicants cannot be denied employment solely on the basis of a
need to provide a reasonable accommodation. However, if an applicant
who receives a tentative job offer cannot reasonably be accommodated, the
offer must be rescinded.
e.
Applicants who have received job offers will make accommodation requests
using the Disability Accommodation Request Form (DER-DAA-10).
Employees
a.
Employees will be told about their right to request reasonable
accommodations:
(1) By means of the Disability Self-Identification Survey Form included in
their new hire packet from Human Resources.
(2) During the orientation for all new employees.
(3) At the time of the annual survey to allow employees to self-identify as
persons with disabilities.
In addition, if a supervisor becomes aware of a potential need for an
accommodation because of a performance issue, the supervisor may meet
with the employee to discuss whether or not an accommodation request
might be appropriate.
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b.
Decision-Making
Process
1.
All requests for reasonable accommodations must be in writing using the
Disability Accommodation Request Form (DER-DAA-10). Copies can be
obtained from the Equal Opportunity/Affirmative Action Office.
The Process
a.
An employee who wants to request an accommodation fills out the
Disability Accommodation Request Form (DER-DAA-10) and gives it to
his or her supervisor.
b.
The supervisor reviews the request and discusses it with the university's
affirmative action officer (AAO). If the request is straightforward and does
not involve significant expenses, the AAO approves the request. If the
request involves issues which are not straightforward, the AAO may do any
of the following:
•
•
•
•
c.
The employee will be informed of the agency decision regarding the
accommodation request within 20 working days. If the 20-day limit cannot
be met, the AAO will meet with the employee to agree on a reasonable time
limit. The employee will be informed of the decision regarding the
accommodation request in writing, using the Disability Accommodation
Request Form (DER-DAA-10).
d.
Distribution of the request form is:
•
•
•
•
2.
Meet with the employee and the supervisor to get more information
concerning the request.
Consult with the supervisor and the Human Resources Office to
determine the essential functions of the job.
Consult with agency budget and purchasing specialists.
With the employee's permission, consult with any medical
rehabilitation specialists who may be working with the individual.
Original to employee
Copy 1 to employee personnel file
Copy 2 to agency AAO confidential file
Copy 3 to State Division of Affirmative Action, with the employee's
name, signature, and job title deleted.
Policy and Guidelines
a.
Employees may be asked to provide verification of their disability. Factors
to be considered when deciding whether or not to request verification
include:
•
•
•
•
Is the employee known to have a disability?
Does the applicant or employee have an observable disability?
Does the request expand on an existing accommodation or previously
provided accommodation for which a verification was required?
Example: an employee with a seizure disorder who needs a driver due
to recurring seizures that had previously been under control.
Does the request appear appropriate?
The verification must be provided by an appropriate medical or
rehabilitation professional. Although the employee must bear the initial
cost of verification, this will usually be covered by health insurance. If the
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university requests additional verification of the disability, or the disability's
impact on job requirements, the agency will bear the cost.
b.
Factors which should be considered when determining reasonableness
include:
•
•
•
•
•
Are the job functions for which the accommodation is required
essential to the overall performance of the job?
Is the applicant or employee otherwise qualified to perform the
essential job functions?
Does the accommodation accomplish the desired result, e.g., allowing
the individual to effectively perform the essential functions of the job?
Will the accommodation adversely affect the productivity or work
environment of other employees in the work unit?
Is the cost of the accommodation feasible within the budget of the
agency? If not, can approval be obtained from the Department of
Administration (DOA) to use funds that are statutorily reserved for
reasonable accommodations?
c.
As a general rule, the agency will purchase equipment only if it is
determined that the use of the equipment is necessary in transaction of the
official business of the agency. The equipment may not be of a personal
nature (for example, eyeglasses, hearing aids, etc.) that the employee can
reasonably be expected to provide. In determining whether the purchase of
a device should be authorized, consideration will be given to how well the
employee could perform the job without the equipment and whether the
principal benefit will be better job performance by the employee. NOTE:
Devices may also be available from other sources.
d.
The employee or applicant will always be the primary person consulted with
when determining the most appropriate accommodation.
Employees will be given an opportunity to provide, or arrange for, their
own accommodations; for example, using volunteer drivers or readers or
providing their own adaptive equipment. However, the procedures in these
policies and guidelines must be followed (written request, approval, etc.)
even if employees provide or arrange for their own accommodations. This
gives documentation of accommodations and ensures that the
accommodations are not disruptive to the workplace.
While no legal responsibility exists for alternative placement outside the
university, employees will be counseled regarding their rights to other
positions in state employment. The university affirmative action officers
are a resource for employees as they seek other opportunities.
e.
If an employee of UW-Stout acquires a disability and the university is not
able to make reasonable accommodations that will allow the individual to
continue in his or her current position, the university will explore the
possibilities for placement in other positions within the university. The
movement to another position may be a transfer, a demotion, or change to
part-time employment and must be made in accordance with applicable
collective bargaining agreements, Chapter 2130 of the state statutes, UWS
rules for faculty and academic staff, and Administrative Rules for Chapter
230.
NOTE: Under the Federal Rehabilitation Act, accommodation is only
required to permit an individual to perform his or her particular job. Recent
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court decisions indicate that under the Wisconsin Fair Employment Act
there is some responsibility to explore transfer possibilities. The extent of
the responsibility has yet to be clearly developed by the courts. The
responsibility to look for alternative positions is clear in s.230.37(2), Stats.:
"When an employee becomes physically or mentally incapable of or unfit
for the efficient and effective performance of the duties of his position by
reason of infirmities due to age, disabilities, or otherwise, the appointing
authority shall either transfer the employee to a position which requires less
arduous duties, if necessary demote the employee, place the employee on a
part-time service basis and at a part-time rate of pay or, as last resort,
dismiss the employee from the service. The appointing authority may
require the employee to submit a medical or physical examination to
determine fitness to continue in service. . ."
f.
After accommodations are provided, the employee and his/her supervisor
need to evaluate the effectiveness of the accommodation. The affirmative
action officer will also be involved in this process. If modifications to the
accommodation are needed, they should be requested using the procedures
outlined in this policy.
g.
Resources for technical assistance in identifying the most appropriate
accommodations are:
(1) The employee should be the first resource when a reasonable
accommodation is being considered.
(2) The special assistant to the chancellor, Affirmative Action.
(3) Section 504 Coordinator, Department of Administration
(608-266-0411).
(4) Division of Vocational Rehabilitation Field Office Supervisors or
Placement Coordinators.
(5) Easter Seal Society of Wisconsin (Access Wisconsin). Assistance
regarding persons with physical disabilities (608-257-3411).
(6) Job Accommodation Network (a computerized database of
accommodation information which relates directly to job situations) (1800-526-7234).
(7) Director, Technical Assistance; Federal Department of Health and
Human Services, 300 Wacker Drive, Chicago, Illinois 60606
(312-353-5160).
The Appeal Process
1.
If employees disagree with a decision regarding an accommodation request, they
have a right to appeal the decision using the following procedure. Applicants do
not have access to this procedure. They have the option to follow the usual
discrimination complaint procedure (Personnel Commission, EEOC, etc.).
2.
When an accommodation request is denied, an employee may, within 30
calendar days, appeal the decision to the agency affirmative action officer. The
appeal must be in writing, stating the reason for the disagreement. The
affirmative action officer will reevaluate the decision, considering any additional
information or statements supplied by the employee (including any additional
information from medical or vocational rehabilitation experts). The affirmative
action officer may consult with staff from outside agencies (for example,
DER/DAA, DHSS/DVR or DOA 504 coordinator) in the appeal process--taking
care to provide confidentiality for the employee. The affirmative action officer
then discusses all information regarding the appeal with the chancellor. The
chancellor makes the final decision regarding the appeal in writing within 30
calendar days after the appeal was filed.
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Title IX Compliance
Statement
The University of Wisconsin-Stout does not discriminate on the basis of sex in the
educational programs or activities it operates. The university policy not to
discriminate in education programs and activities extends to employment therein and
to admission thereto. This statement is published in part, to fulfill the requirements
of Title IX of the Higher Education Amendments of 1972 and Section 86.9 of Title
45 of the Code of Federal Regulations, the administrative regulations passed
pursuant to Title IX. Inquiries concerning the application of Title IX and the
administrative regulations may be directed to the Office of Affirmative Action.
Sexual Harassment
(UW-Stout 91-53, 2/4/91)
Background
University of Wisconsin Board of Regents Policy Document 81-2 declares that:
". . . sexual harassment of students and employees in the University of Wisconsin
System is unacceptable and impermissible conduct which will not be tolerated.
Sexual harassment is a form of sex discrimination. It occurs in a variety of situations
which share a common element: the inappropriate introduction of sexual activities
or comments into the work or learning situation. Often sexual harassment involves
relationships of unequal power, and contains elements of coercion--as when
compliance with requests for sexual favors becomes a criterion for granting work,
study or grading benefits. However, sexual harassment may also involve
relationships among equals, as when repeated sexual advances or demeaning verbal
behavior have a harmful effect on a person's ability to study or work in the academic
setting."
University of Wisconsin Board of Regents Policy Document 81-2 and revisions from
Regent Policy Document 87-2 require each institution in the UW System to address
allegations of sexual harassment.
Definitions of Sexual
Harassment Conduct
Subject to
Disciplinary Action at
UW-Stout
1.
2.
Sexual harassment of students is defined as unwelcome expressive behavior or
physical conduct of a sexual nature, such as, but not limited to, sexual advances;
requests for sexual favors; touching, patting, hugging or brushing against a
person's body; jokes, gestures, visual aids, or comments of a sexual nature
addressed to a specific person or group of persons; when:
a.
Submission to such conduct is made either explicitly or implicitly a term or
condition of a student's grades, recommendations, or other factors related to
the student's academic career, or
b.
Such conduct has the purpose or effect of unreasonably interfering with a
student's academic performance or of creating a university learning
environment that is intimidating, hostile, or offensive.
Sexual harassment of employees (including student employees) is defined as
unwelcome expressive behavior or physical conduct of a sexual nature, such as,
but not limited to, sexual advances; requests for sexual favors; touching, patting,
hugging or brushing against a person's body; jokes, gestures, visual aids, or
comments of a sexual nature addressed to a specific person or group of persons;
when:
a.
Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, or
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Policy Statement
Implementation
Statement on
Consensual
Relationships
(2/4/91)
b.
Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual, or
c.
Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or of creating a university work environment
that is intimidating, hostile, or offensive to a reasonable person.
1.
It is the policy of the University of Wisconsin-Stout to seek to protect the
university's employees and students from sexual harassment as defined above
and to attempt to rid the university of such conduct.
2.
Any retaliatory action against a person lodging a sexual harassment complaint
may be considered a violation of the UW-Stout Policy on Sexual Harassment
and is subject to the same complaint grievance procedures and sanctions as the
act of sexual harassment itself.
3.
This policy does not address consensual relationships that do not involve sexual
harassment. However, the university discourages consensual relationships
between an instructor and student or a supervisor and employee because of the
inherent differences in power and authority. A statement which further defines
and discusses Consensual Relationships appears below.
1.
Hearing procedures are consistent with the due process requirements,
constitutional rights, and academic freedom. Informal and formal procedures
are identified later in this section.
a.
The procedures for dealing with alleged discrimination allow several
options. The options range from informal procedures that allow for
resolution by mutual consent to the full-fledged investigation, filing of a
grievance, and formal hearing procedures in accordance with due process
requirements.
b.
Options may be pursued in a sequential fashion, beginning with informal
procedures and moving through formal procedures until a satisfactory
resolution has been achieved. On the other hand, a formal complaint may
be initiated at any stage individuals involved in alleged discrimination deem
appropriate.
c.
It is recommended that individuals who feel they have been the victims of
sexual harassment try to resolve the issue as expeditiously as possible.
They should be aware that complaint grievance time limits may apply.
2.
The chancellor and all administrative personnel are responsible for the
successful implementation of this policy.
1.
Rationale
Codes of ethics for most professional associations forbid professional-client
sexual relationships; the relationships of instructor to student and supervisor to
employee should also uphold this concept. Professionalism is fostered by an
atmosphere of respect and trust and is undermined when those in positions of
authority abuse, or appear to abuse, their power.
a.
Ethical Considerations
(1) The respect and trust accorded an instructor/supervisor by a
student/employee, as well as the power exercised by the
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instructor/supervisor in giving praise or blame, conducting evaluations,
or making recommendations for further study or future employment
greatly diminish the student's or employee's actual freedom of choice
concerning an amorous or sexual relationship. Voluntary consent by
the student/employee in such a relationship is suspect, given the
fundamentally asymmetric nature of the relationship.
(2) A romantic or sexual relationship between instructor/supervisor and
student/employee may also have an adverse effect on other students and
employees because it places the instructor/supervisor in a position to
favor or advance one individual's interest at the expense of others and
implicitly makes obtaining benefits contingent on amorous or sexual
favors.
(3) An intimate relationship with an individual, combined with a
responsibility for evaluation of such individual, creates a conflict of
interest. In such situations, an instructor/supervisor in the relationship
must be careful to distance himself or herself from any decisions that
may reward or penalize the student or employee involved. Failure to do
so will be deemed to be a violation of the instructor's/supervisor's
member's ethical obligation to the individual involved, to other
students/employees, to colleagues, and to the university.
b.
Implications for the Individual
All instructors, supervisors, and other employees should, therefore,
understand that there are substantial risks in even an apparently consenting
relationship where a power differential exists. Even when both parties have
initially consented to an amorous, romantic, sexual relationship, charges of
sexual harassment may subsequently develop. In each instance, it is the
instructor, supervisor, or other employee who, by virtue of his or her special
power and responsibility, bears a greater burden of accountability.
In addition, supervisors should be aware that s. UWS 8.03(3) and s. ER-Pers
24.04(f), Wisconsin Administrative Code, prohibit giving preferential
treatment in employment situations to "immediate family" members.
"Immediate family" is defined to include relationships of the kind described
in this consensual relationships statement.
2.
Definition of Consensual Relationships
Consenting romantic and sexual relationships addressed by this statement are
those between instructor (meaning all who teach at the university--faculty
members, academic staff, graduate students with teaching or tutorial
responsibilities, and other instructional personnel) and student (meaning any
person studying with the instructor); between supervisor (meaning any person in
a position of authority over another--to hire and fire, to grant raises and oversee
task performance) and employee (meaning any person working for the
supervisor); and between employee and student (where there is an instructional
or an employment relationship between them).
3.
Statement
a.
Consensual relationships in the instructional/supervisory context.
Such relationships have the potential for extremely serious consequences
and are, therefore, especially discouraged.
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b.
Consensual relationships currently outside the instructional/supervisory
context.
Such relationships may also lead to difficulties and are, therefore, also
discouraged. In particular, when the parties are in the same academic or
work unit or in units that are closely related, relationships that the parties
view as consensual may appear to others to be exploitive.
Informal Options for
Addressing
Allegations of
Discrimination,
Including Sexual
Harassment at UWStout (2/4/91)
Individuals who believe they have been sexually harassed may strive for satisfactory
resolution through the following options:
1.
Option 1
Approach the individual allegedly responsible for the sexual harassment for the
purpose of discussing and clarifying the offensive experience. It is
recommended that this discussion be a private opportunity for persons involved
to share their points of view and potentially reach a satisfactory resolution.
2.
Option 2
Write a confidential letter to the individual allegedly responsible for the sexual
harassment, identifying what happened and when; sharing the feelings
experienced; and stating the resolution desired.
3.
Option 3
Consult in a strictly confidential manner with the sexual harassment advisor
appointed by the chancellor.
a.
Responsibilities of the sexual harassment advisor include:
(1) Helping individuals who claim sexual harassment to clarify their
perceptions of the offensive behavior/act;
(2) Delineating the various courses of action available to individuals who
may have been sexually harassed;
(3) Referring individuals to professional counseling for additional
guidance/support;
(4) Assisting individuals who claim sexual harassment in communicating
with the individual allegedly responsible for the sexually harassing
act(s), either in writing or in person, where either one or both seems
warranted;
(5) Providing follow-up with individual who claims sexual harassment if
the individual has taken the initiative in attempting resolution of the
incident(s); and
(6) Maintaining communication with the Equal Opportunity/Affirmative
Action Office so a developing pattern may be recognized and so recordkeeping can be maintained.
b.
4.
No sanctions or disciplinary action against the accused may be established
by the sexual harassment advisor.
Option 4
Bring an allegation of sexual harassment to the Equal Opportunity/Affirmative
Action Office for investigation and review. A representative of the Equal
Opportunity/Affirmative Action Office will investigate the allegation within the
following limits:
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Complaint
Procedures Sexual
Harassment at UWStout
(2/4/91)
a.
A member of the Equal Opportunity/Affirmative Action Office staff will be
present, at the request of the individual making the allegation, in all
meetings involving that individual.
b.
At the option of the individual making the allegation, his/her identity will be
kept confidential to the extent possible in an investigation.
c.
In the attempt to achieve resolution, the affirmative action officer may talk
to the individual against whom the allegation is made. The purpose of this
discussion will be to allow the individual to respond to the allegation.
Should he/she respond that the allegation is based on fact, the affirmative
action officer will inform him/her of the implications of the behavior and
attempt to resolve the issue to the mutual satisfaction of both parties and to
the university.
d.
If a resolution has not been effected and the merits of the issue warrant
further consideration, a representative of the Equal Opportunity/Affirmative
Action office will serve as mediator in attempting to achieve resolution,
which may include discussions with the complainant, the alleged harasser,
his/her supervisor, other line supervisors, the chancellor, System Legal
Counsel and, depending upon the division(s) housing the complainant and
the alleged harasser, the Provost or the Vice Chancellor for Administrative
and Student Life Services. At this point, strict confidentiality will no longer
be possible.
e.
If the matter has been resolved, a written record of the resolution will be
shown to both parties and kept in a confidential file in the Equal
Opportunity/Affirmative Action Office for three (3) years commencing on
the date the form is filed. The content of the confidential file will be
available only to the director of affirmative action, chancellor, complainant,
alleged harasser, and, depending upon the division(s) housing the grievant
and respondent, the Provost or Vice Chancellor for Administrative and
Student Life Services.
If a satisfactory resolution cannot be achieved using the informal procedures or if
anyone involved in a sexual harassment situation wishes to bypass the informal
procedures, the following formal procedures are available: those identified as
Positive Action Procedures in the University of Wisconsin-Stout Faculty/Academic
Staff/Limited Appointees Handbook and those identified as the Student Disciplinary
Procedures in the UW-Stout Student Handbook. The status of the alleged harasser
determines the choice of hearing procedure.
1.
There are procedures for requesting a hearing by the appropriate existing faculty
committee (UWS and UW-Stout 6), academic staff committee (UWS and UWStout 13), or student committee (UWS 17). Complaints and grievances should
be made in accordance with the guidelines, including the time lines, specified in
the sources cited above.
2.
If the person(s) accused of discrimination is/are classified staff, either
represented or nonrepresented, there is no provision for a formal hearing. If an
investigation uncovers sufficient grounds, management may discipline the
harasser, who may, of course, appeal the discipline using the union grievance
procedure.
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Racist and
Discriminatory
Conduct Policy
(UW-Stout Policy, 2/20/90)
Policy Statement
It is the policy of the University of Wisconsin-Stout and the University of Wisconsin
System, consistent with efforts to foster an environment of respect for the dignity
and worth of all members of the university community, that racist and discriminatory
conduct toward students, employees, officials, or guests at the University of
Wisconsin-Stout is unacceptable and impermissible conduct which will not be
tolerated. Discrimination, discriminatory attitudes, and expressions, both verbal and
nonverbal, that reflect discrimination are inconsistent with the efforts of University
of Wisconsin-Stout to eliminate all manifestations of discrimination within the
university.
Racist and discriminatory conduct encompasses harassing conduct based upon the
race, sex, religion, color, creed, disability, sexual orientation, national origin,
ancestry, or age of any individual(s). Harassment of this kind is a form of
discrimination. It occurs in a variety of situations that share a common element: the
inappropriate introduction of comments or actions into the living, learning, and/or
work situation. No university employee or student shall behave toward another
university employee, student, prospective employee, official, or guest in a manner
that creates an intimidating, hostile, or demeaning environment.
Retaliatory action against a person lodging a racist or discriminatory conduct
complaint/grievance may be considered a violation of the policy on racist and
discriminatory conduct and is subject to the same complaint/grievance procedure and
sanctions as the act of racism or discrimination itself.
Definition of Racist
and Discriminatory
Conduct
At the University of Wisconsin-Stout racist and discriminatory conduct is defined as
intentional conduct, either verbal, nonverbal, physical, printed or written material,
that explicitly demeans the race, sex, religion, color, creed, disability, sexual
orientation, national origin, ancestry or age of any individual(s) and
1.
has the purpose or effect of interfering with the education, university-related
work, or other university-authorized activity of a university student, employee,
official or guest, or
2.
creates an intimidating, hostile or demeaning environment for education,
university-related work or other university authorized activity.
Racist and discriminatory conduct may be, but is not limited to:
1.
physical contact or attacks;
2.
intimidation through the threat of force or violence on a person's body,
possessions or residence;
3.
verbal assaults, including derogatory comments; based on ethnicity, such as
name calling, racial slurs or "jokes" that demean a victim's color, culture or
history;
4.
nonverbal assaults which create an intimidating, hostile or offensive
environment.
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Procedures for
Disciplinary Action
for Racist and
Discriminatory
Conduct
Intentional conduct viewed as racist and discriminatory conduct may be subject to
discipline in accordance with established university policies and procedures. The
following procedures are established to protect UW-Stout employees, students,
officials, or guests from racist and discriminatory conduct and to provide clear
courses of action to those experiencing harassment, consistent with due process
requirements, constitutional rights, and academic freedom.
Several options for achieving resolution of racial and discriminatory conduct
complaints/grievances are available at UW-Stout. These options may be pursued in
a sequential fashion, or complaints/grievances may be initiated at any stage
individuals who may have been harassed deem appropriate. It is recommended that
individuals who feel they have been harassed try to resolve the issue as expeditiously
as possible and should be aware that complaint/grievance time limits may apply.
An individual who believes he/she has been the victim of intentional racist or
discriminatory conduct may strive for satisfactory resolution through the following
options:
1.
Approaching the individual allegedly responsible for the discriminatory or
harassing act(s) for the purpose of discussion to clarify the offensive experience.
It is recommended that this discussion be a private opportunity for persons
involved to share their points of view and potentially reach a satisfactory
resolution.
2.
Consulting in a strictly confidential manner with a neutral harassment advisor
(appointed by the chancellor). Responsibilities of the neutral harassment advisor
include helping individuals claiming discrimination or harassment to clarify
their perceptions of the offensive behavior/act, delineating the various courses of
action available to individuals who may have been harassed, or referring
individuals to professional counseling. Although resolution of a
complaint/grievance between an individual claiming harassment and the accused
may be sought through the advisor, and in many instances resolution may be
possible, no sanctions or disciplinary actions against the accused may be
established by the advisor. The advisor may accompany or assist the
complainant/grievant in reporting the incident to the appropriate management
authorities or advise the complainant/grievant to initiate the appropriate
complaint/grievance procedures. The advisor or appropriate supervisor may
intervene or mediate between the individual who may have been harassed and
the alleged harasser, where warranted, in an effort to achieve resolution of the
complaint/grievance. The advisor is expected to treat alleged harassment
complaints or grievances as expeditiously as possible. The advisor or
appropriate supervisor will investigate and document the facts surrounding the
complaint/grievance.
3.
Initiating complaint/grievance procedures according to the status of the alleged
harasser, as separate procedures exist for faculty, academic staff, classified staff,
and students.
Nondiscrimination on
Basis of Disability
(BOR 88-9, adopted 7/8/88)
Introduction
The mission of the University of Wisconsin System is to develop human resources,
to discover and disseminate knowledge, to extend knowledge and its application
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beyond the boundaries of its campuses, and to serve and stimulate society by
developing in students heightened intellectual, cultural, and humane sensitivities;
scientific, professional, and technological expertise; and a sense of purpose.
Students with disabilities must be fully enfranchised members of the educational
community. The Board of Regents recognizes that traditional methods, programs,
and services are not always appropriate or sufficient to accommodate the limitations
experienced by some qualified persons with disabilities.
Policy Statement
It shall be the policy of the Board of Regents of the University of Wisconsin System
to ensure that no qualified person shall, solely by reason of disability, be denied
access to, participation in, or the benefits of, any program or activity operated by the
University of Wisconsin System. Each qualified person shall receive the
accommodations needed to ensure equal access to educational opportunities,
programs, and activities in the most integrated setting appropriate.
Guidelines for Policy
Implementation Procedures
UW System
Administration
UW Institutions
1.
The president of the University of Wisconsin System shall establish and appoint
an Advisory Committee to provide information and recommendations relating to
the needs and concerns of persons with disabilities.
2.
The president of the University of Wisconsin System shall identify a person
within System Administration to serve as a coordinator of accommodations for
students with disabilities, to act as a resource person and as staff to the
President's Advisory Committee, and a liaison to other funding agencies.
1.
Each chancellor shall identify an individual or office to coordinate and advocate
for the needs of qualified applicants and students with disabilities.
2.
Each chancellor shall establish and appoint an Advisory Committee to provide
information and recommendations relating to the needs and concerns of persons
with disabilities.
3.
Each institution shall have or develop the following:
a.
procedures by which a student or applicant may disclose the presence of a
handicapping condition and request the accommodations or auxiliary aids
he/she believes are requisite for obtaining equal access to, participation in,
or the benefits of university programs and activities when necessary;
b.
procedures by which confirmation of the student's disability and assessment
of the appropriateness of the requested accommodations or auxiliary aids
will be made;
c.
procedures by which approved accommodations or auxiliary aids can be
arranged or obtained;
d.
procedures by which the provision of interim funding for auxiliary aids may
be considered while the student's application is being reviewed by the
Division of Vocational Rehabilitation;
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e.
procedures by which denied requests may be appealed.
These procedures shall be provided to the student or applicant in the most
appropriate format, i.e., written, Braille, audiotaped.
Students with
Disabilities
4.
Each institution shall have or establish such record keeping procedures as are
necessary to document institutional responses to requests for accommodation
and auxiliary aids and shall document the enrollment of students with disabilities
receiving accommodations or auxiliary aids and report in a standard format to
the Board of Regents annually on their nature and extent. Data from these
reports will be used to project future funding requirements.
5.
Each institution shall provide reasonable accommodations to qualified students
with disabilities to ensure access to educational opportunities, programs and
activities in the most integrated setting.
6.
Each institution shall provide access to regular in-service training for faculty and
staff to develop fuller awareness and understanding of the needs of students with
disabilities.
1.
Each student shall be expected to make timely and appropriate disclosures and
requests (at least 8 weeks in advance of a course, workshop, program, or activity
for which accommodation is requested) and to engage in appropriate and
responsible levels of self-help in obtaining and arranging for accommodations or
auxiliary aids, including applying for funding for specialized support services
from the Division of Vocational Rehabilitation.
2.
Each student may be required to submit medical or other diagnostic
documentation of disability and limitations and may be required to participate in
such additional evaluation of limitations as may appropriately be required prior
to receiving requested accommodations.
3.
Each student shall first seek the funding for specialized support services through
the Division of Vocational Rehabilitation.
Guidelines for Policy
Implementation Program Accessibility
Qualified persons may not be denied the benefits of or be excluded from
participation in any university program or activity because university facilities are
inaccessible to, or unusable by, persons with disabilities.
Existing Facilities
Each program or activity should be operated so that, when reviewed in its entirety, it
is readily accessible to qualified persons with disabilities, through means such as:
•
•
•
•
Redesign of equipment/facility after individual case review.
Providing appropriate signage.
Reassignment of classes, staff, or services to accessible buildings.
Delivery of health, advisory, and support services at accessible sites.
Providing one or two accessible outside entries to a building make entrance to the
building itself accessible; it is not required that every outside entry be accessible.
Structural changes in existing facilities are not required where other methods provide
program accessibility.
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Priority should be given to methods that offer programs and activities to persons with
disabilities in the most integrated setting appropriate. Evacuation procedures should
be developed by each institution for persons with disabilities.
If sufficient relocation of classes, programs or activities is not possible using existing
facilities, structural alterations to ensure program accessibility should be made.
Students may not be excluded from a specifically requested course offering, program
or other activity because it is not offered in an accessible location. Every section of a
specifically requested course or program, however, need not be made accessible.
Remodeling projects must be consistent with the State of Wisconsin's "Survey
Guideline for Determining Building Accessibility" or the Uniform Federal
Accessibility Standards, whichever promotes greater accessibility, and Federal and
State codes.
New Construction
Facilities, or parts of facilities, constructed for the use of the university must be
designed and built so that they and their parts are readily accessible to and usable by
persons with disabilities. New construction must be planned in accordance with the
State of Wisconsin's "Survey Guideline for Determining Building Accessibility" or
the Uniform Federal Accessibility Standards, whichever promotes greater
accessibility.
Off-Campus
Programming
Since UW Extension and university outreach frequently hold classes, programs or
activities in private facilities, they should take steps to use facilities which are
accessible. Contractual or lease agreements should reflect efforts to ensure
accessibility. It is the responsibility of the prospective enrollee to make known the
need for any special accommodation or auxiliary aids. All registration forms should
provide a place for the applicant to identify special needs (e.g., physical accessibility,
interpreter, large print), so that notification takes place before the enrollment
deadline and facilitates the needed accommodations.
Guidelines for Policy
Implementation Educational
Programs and
Activities
Recruitment,
Admissions and
Registration
Qualified persons may not, on the basis of disability, be denied admission to,
enrollment in, or participation in university programs or activities, or be
discriminated against in admissions or recruitment.
Admissions or
Enrollment
1.
The number or proportion of persons with disabilities who will be admitted or
enrolled may not be limited solely on the basis of disability.
2.
Before admissions/placement tests are selected and administered, campuses first
should assure that:
a.
Tests are selected and administered so as best to ensure that the test results
reflect the applicant's aptitude or achievement level, or whatever other
factor the test purports to measure, rather than reflecting the applicant's
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disability (except where those skills are the factors that the test purports to
measure).
3.
Treatment of
Students and
Participants in
University Programs
or Activities
b.
Those tests designed for persons with a disability are available as regularly
and in as timely a manner as are other admissions tests. It is the
responsibility of the individual taking the test to make special needs known
before the specified test registration deadline.
c.
Tests are administered in facilities that, on the whole, are accessible to
persons with disabilities.
Inquiries as to whether applicants for admission/registration are disabled may
not be made except for purposes of providing appropriate accommodation. It is
the responsibility of the enrollee to make special needs known at least 8 weeks
in advance of a course, workshop, program or activity for which accommodation
is sought. Confidential post-admission inquiries regarding disabilities that may
require accommodation are permissible.
In implementing the policy to ensure access to extracurricular or educational
programs or activities offered by the university, all programs and activities will be
conducted in the most integrated setting appropriate. Programs not wholly operated
by the university that require student participation in education activities or
internships (for example, in connection with student teaching assignments) should
assure that these activities, as a whole, provide an equal opportunity for the
participation of qualified persons with disabilities.
Nondiscriminatory insurance plans and health services should be provided to
qualified students with disabilities. A student health center must provide the same
types and levels of service for all students, nondisabled and disabled. In addition,
student health centers should be prepared to provide students with disabilities with
information about where specialized health services may be obtained if the services
are not provided at the center.
Academic Adjustment Academic requirements should be modified, as necessary, to ensure that they do not
discriminate against qualified applicants or students with disabilities. These
modifications should not affect the substance of the educational programs or
compromise educational standards, nor should they intrude upon legitimate academic
freedom. Modifications may include changes in the length of time permitted for the
completion of degree requirements (including credit load), substitution of specific
courses required for the completion of degrees, and adaptation of the manner in
which specific courses are conducted. For example, a campus may permit an
otherwise qualified student who is deaf to request a program change that would
substitute an appropriate history, international education, literature in translation, or
cultural studies class for a foreign language requirement.
Academic requirements that are essential to programs of instruction (e.g., a French
major or minor) or to any directly related licensing requirement (e.g., licensing for
nursing) are not regarded as discriminatory.
Program
Examinations and
Evaluations
Examinations or other procedures for evaluating students' academic achievement
should be adapted to permit evaluating the achievement of students who have a
disability; the results of the evaluation must represent the students' achievement in
the program or activity, rather than reflecting the students' disability. It is the
student's responsibility to request test accommodation at enrollment time or at the
beginning of the program/course according to the procedures outlined by the
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institution. Testing accommodation may include but need not be limited to:
enlarged materials, oral test, taped test, extended time, reader, environment free of
distractions, preferential seating (front, etc.), alternate format (black/white copy),
writer, computer-assisted, brailed material.
Academic Support
Services
No qualified student or participant in a university program or activity should be
denied the benefits of, be excluded from participation in, or be otherwise
discriminated against because of the absence of educational support services. Some
student services are available through academic deans' offices, dean of student
offices, or centers or persons designated to provide them for all students. These may
include such services as academic and career advising, counseling, and remedial or
tutorial programs. All students can avail themselves of these services when needed.
In addition, accommodations and educational auxiliary aids should be available for
qualified students with disabilities; they include, but need not be limited to: special
parking; registration assistance; referral to appropriate on- or off-campus resources,
services, or agencies; reader services; notetaker services; interpreter services for the
deaf, including assistance in arranging DVR funded interpreter; arrangements for
specialized auxiliary aids, including tapes and brailed materials; assistance in
funding needed attendants; supplemental orientation; mobility assistance referrals.
As long as no qualified person with a disability is excluded from a program because
of the lack of an appropriate service, such support need not be on hand at all times.
It is the responsibility of the individual to request the necessary accommodation or
auxiliary aid at least 8 weeks before classes, programs, or activities begin. If a
different time period is needed to arrange accommodations, this will be stated in
admission/registration materials.
Prohibitions against the use of tape recorders (see Regent Resolution 1556) or
brailers in classrooms, or dog guides in campus buildings, or other rules that have the
effect of limiting the participation of qualified students in education programs or
activities, may not be imposed.
Students or participants in university programs or activities may be required to sign
an agreement that they will not release tape recordings or transcriptions of lectures,
or otherwise hinder the ability of a professor to obtain a copyright (Regent
Resolution 1556).
Physical Education,
Athletics, and Similar
Activities
Institutions may not discriminate on the basis of disability in physical education,
athletics, and similar programs and activities. Qualified disabled students or
participants in university programs or activities should be provided with an equal
opportunity to participate in physical education courses, intercollegiate and
intramural athletics or similar activities. For example, a student in a wheelchair
could not be denied the opportunity to enroll in a regular archery course, nor could a
deaf student be excluded from participating in a wrestling course.
Students who cannot participate in regularly offered physical education courses or
who cannot compete in athletic programs due to disability may be offered physical
education and athletic activities that are separate or different, provided that the
programs and activities are operated in the most integrated setting appropriate. If
accommodation is not possible in a required course, a procedure for obtaining a
substitution should be available.
Housing
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On-Campus Housing
If a university provides on-campus housing/food service for nondisabled students,
comparable, convenient, and accessible on-campus housing/food service should be
provided at the same cost to qualified students with disabilities.
Off-Campus Housing
If a listing of off-campus housing is provided by any university office, it should
identify units that are accessible.
Financial Aid
The university may not provide less financial assistance to students with disabilities
than is provided to nondisabled students, limit their eligibility for assistance, or
otherwise discriminate against them. Financial aid awards should recognize the
special needs of students with disabilities, including the possible need for reducing
credit loads or extending the time allowed to complete graduation requirements. The
university may not assist any entity or person that provides financial assistance to
any students in a manner that discriminates against qualified students on the basis of
disability.
The university may administer financial aids which are established under wills, or
other legal instruments that require awards to be made on the basis of factors that
discriminate only if the overall effect of the award of the financial assistance is not
discriminatory on the basis of disability.
Student Employment
Employment through university programs should not discriminate against qualified
students solely on the basis of disability.
Advising, Counseling
and Placement
Services
Personal, academic, or career counseling, guidance, and placement services should
be provided in an accessible setting without discrimination on the basis of disability.
Social Organizations
Before providing official recognition or significant assistance to fraternities,
sororities, or other campus organizations, campuses should receive assurance that the
organization does not permit actions prohibited by these guidelines.
Guidelines for Policy
Implementation Funding for Auxiliary
Aids
In addition to providing accommodations needed to ensure equal access to
educational opportunities by disabled students, UW institutions are responsible,
under 34 C.F.R. 104.44, for ensuring that no disabled student is denied benefits or
excluded from participation in a program because of the absence of auxiliary aids.
"Auxiliary aids" include such items as taped texts, interpreters or other effective
methods of making orally delivered materials available to students with hearing
impairments, readers in libraries for students with visual impairments, classroom
equipment adapted for use by students with manual impairments, and other similar
services and actions.
Institutions should ensure that qualified students with disabilities are not
counseled/advised toward more restrictive career objectives than are non-disabled
students with similar interests and abilities. This does not preclude providing factual
information about licensing and certification requirements that may present obstacles
to disabled persons in their pursuit of particular careers.
While funding for accommodations to ensure equal access (to educational
opportunities) is provided by institutions through the usual budget processes, the
funding for auxiliary aids is primarily the responsibility of state vocational
rehabilitation agencies. There may, however, be situations where a student is not
eligible to be a client of the vocational rehabilitation agency. This often occurs when
a student goes on to graduate school, or seeks a second baccalaureate degree. In
such cases, the primary responsibility for ensuring that the student is provided with
auxiliary aids shifts to the institution.
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Current data are inadequate for making accurate projections of the institutional costs
of providing auxiliary aids in those instances where vocational rehabilitation support
is unavailable. As a result, institutions occasionally encounter situations in which
there is a responsibility to provide auxiliary aids, but the budget is insufficient for
this purpose. To resolve this problem, institutions will, in the future, maintain
records of the numbers of persons requiring auxiliary aids, types of disabilities for
which such aids were provided, the specific aids actually given, and associated costs
(see above, at Guidelines for Policy Implementation - Procedures, UW Institutions,
Number 4). Accumulation of these data will enable the institutions to budget
appropriately for anticipated needs.
To deal with immediate problems, however, a temporary contingency fund should be
created in UW System Administration to assist institutions in providing auxiliary
aids in those unusual circumstances where the vocational rehabilitation agency will
not do so, and the institution has demonstrated exceptional need. The fund would be
administered by System Administration, with the advice and consultation of the UW
System Advisory Committee established under Guidelines for Policy
Implementation - Procedures of this policy. Because it is anticipated that the need to
draw on the fund would occur infrequently, approximately $30,000 would appear
adequate for the purposes described. This amount would be generated from set
asides from each institution's GPR/fees allocations.
Definition of "learning disabled."
'Specific learning disability' means a disorder in one or more of the basic
psychological processes involved in understanding or in using language, spoken
or written, which may manifest itself in an imperfect ability to listen, think,
speak, read, write, spell, or to do mathematical calculations. The term includes
such conditions as perceptual handicaps, brain injury, minimal brain
dysfunction, dyslexia, and developmental aphasia. The term does not include
children who have learning problems which are primarily the result of visual,
hearing or motor handicaps, of mental retardation, of emotional disturbance or
of environmental, cultural or economic disadvantage.
Equal Opportunities
in Education
(BOR 83-5,
adopted 4/12/74,
amended 10/7/83)
Policy Statement
Whereas, Title IX of the Higher Education Act states: "No person in the United
States shall, on the basis of sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any education program or activity
receiving Federal financial assistance..."
and Whereas, a resolution passed by the University of Wisconsin System Board of
Regents on April 6, 1973 indicates in part that System policy:
"...Prohibits participation in, support for, or sanction of activities which discriminate
on the basis of sex, when in fact, no exception can be allowed except on the basis of
a bona fide physical dichotomy..."
The Board of Regents Now Further Resolves:
That the University of Wisconsin System is an equal opportunity educational
institution;
That all the University of Wisconsin System funded or sponsored functions and/or
activities shall be generally available to all students without regard to gender;
Consequently, each institution in the University of Wisconsin System is directed to:
1.
Review all educational functions and activities for discrimination on the basis of
gender;
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2.
Prescribe corrective actions where gender discrimination is identified; and
3.
Act affirmatively to eliminate gender stereotypes through leadership in such
areas as student support services, public service, instruction/instructional
support, and research.
Each institution will make a yearly report to the President of the University of
Wisconsin System, summarizing the results of efforts to identify and eliminate any
existing discriminatory practices.
Guidelines
Introduction: Implementation of the Regents policy on Equal Opportunities in
Education is desirably a matter for institution/unit initiative. Problems and problem
areas will vary, and the methods used to resolve any identified problems for
resolution will also vary. The following guidelines are offered to assist
institutions/units as they identify and resolve problems.
The institution/unit program for eliminating discrimination based on gender will be
strengthened if students, faculty, and administrators are involved in the identification
of problem areas and the development of solutions.
1.
Recruitment: Occupational stereotyping by gender unduly restricts equal
employment opportunities. Such stereotyping probably will continue as long as
certain professions are heavily dominated by members of a single gender.
Departments or divisions in which most students are of one gender should exert
leadership in modifying stereotypes by striving to attract students of the
underrepresented gender into the discipline. Institutions/units should evaluate
their recruitment procedures to insure that occupational stereotypes are not
reinforced.
2.
Admissions: Admission at the undergraduate level is currently open to all
resident and most nonresident students who meet the prescribed criteria.
If any admissions policy or practice appears to have the effect of favoring one
gender, it should be examined by the faculty to insure that it does not contain
gender bias. Faculties should give consideration to nontraditional prior learning
in assessing qualifications for admission and placement of non-traditional
students.
At the graduate and professional school level, standards and criteria for
admission should be well publicized and uniformly applied to all applicants
without consideration of gender.
3.
Financial Aids: All forms of student financial aid (fellowships, scholarships,
work-study, loans, graduate grants such as teaching assistantships, etc.) should
be administered uniformly on the basis of demonstrated individual need and
ability, without regard to gender. Application and eligibility information, as
well as criteria for granting each type of award, should be well publicized.
Supplementary awards such as dependency allowances should also be granted
without regard to gender. If the institution finds that current financial aid
statistics show:
a.
The proportion of students of one gender who receive financial aid is
smaller than the proportion of that gender who request financial aid, or
b.
The average dollar amount of financial aid is higher for recipients of one
gender than the other, a study should be made to determine whether policies
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or practices which have the effect of being discriminatory have caused the
discrepancies. When discrimination has been determined to exist,
corrective action should be taken to ensure that all financial aid in the
subsequent school year and thereafter will be granted equitably.
Each institution should devise a flexible and fair means by which students
eligible for financial aid can continue to qualify and receive such aid after
temporary interruption of progress toward a degree. Eligible part-time
students should be able to receive financial assistance on a prorated basis.
Because many types of grants are restricted to full-time students only, it
may be advisable to solicit aid for part-time students. Each institution
should have a method of recording the number and percent of applicants
and those granted financial aid by gender, level, type of award and dollar
amount.
4.
Counseling: Each institution should ensure that academic and nonacademic
counseling is free from prejudgments or assumptions based on the gender of the
student.
Career counseling should be based on the individual student's aptitude and
interests, and vocational aptitude testing should likewise be unbiased. Those
who counsel women should be aware of patterns which show growing numbers
of women joining the work force for substantial periods of years, and otherwise
increasing their participation in the leadership of society. Faculty and other staff
members who do academic counseling of students should keep current with new
research and scholarship on changing roles and expectations of women and men
in society.
In-service training programs, developed or sponsored by the university for
counselors, should include up-to-date information and techniques to deal with
the unique problems and expectations that both men and women face in college
and after.
5.
Housing: There should be university-owned and/or listed housing available to
men and women. Each university should have an equity code to be adhered to
by those who wish to list housing with the university.
6.
Child Care: As an alternative to community child care when it does not meet the
needs of the institution/unit, each university should set a goal of seeing that top
quality, low cost child care and extended child care services, preferably campus
based, are available to the children of students, faculty, and staff.
7.
Women's Studies: Sex-role stereotyping can be eliminated, in part, through
education. In its role of shaping educational policy, the faculty of each
institution/unit is encouraged to:
a.
b.
c.
d.
e.
8.
Give support to women's studies courses,
Recruit faculty with an interest in women's studies,
Support research in women's studies,
Integrate the results of women's studies research into existing curricula, and
Evaluate and recommend for purchase library holdings, including periodical
literature, books, and other instructional materials, in the area of women's
studies.
Physical Education: Physical education facilities and courses should be open to
all students without regard to gender, except where bona fide reasons for
separation can be documented.
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9.
Complaints/Grievances: The university mechanism for hearing student
complaints/grievances should provide for consideration of matters related to
gender discrimination and should be well publicized. An appropriate
institutional officer should be designated to oversee investigation of such
complaints/grievances.
10. Placement Service: The placement service should guarantee that all services,
listings, and interview proceedings are free of discrimination based on gender.
11. Co-curricular Activities: Institution/unit support for co-curricular activities,
including recreation and intercollegiate athletics, should be equitable for all
students. Facilities for co-curricular activities shall be open to recognized
student groups without regard to gender. Men and women should be included
on university committees which make recommendations on allocation of student
segregated fees. Such committees should scrutinize carefully organization
requests to assure equitable funding.
Committees planning lecture series or forums, arts festivals, performing arts
series, and related events should assure that women are included.
12. Health Services: There should be on-going evaluation of health service policies
to guarantee quality treatment for both men and women. Gynecological services
are an integral part of a quality health program for women.
13. Class Hours: Institutions/units are urged to make or to continue to make courses
available in the evening, early morning and on weekends as well as during the
day.
Faculty members should continue providing outreach courses for credit and
non-credit, off-campus scheduling of classes including those in general
education, independent study, ETN and televised course offerings, and other
kinds of continuing education programs consistent with institutional missions.
Faculty members should be encouraged to experiment with innovative
programs, delivery systems and teaching strategies to accommodate
non-traditional students.
14. Security: Institutions/units should assure that maximal efforts are made to
promote a secure university environment.
15. Appointment of Students to University Committees: Men and women should be
represented equitably among student appointments to university committees.
16. Publications: Continued effort should be made to include women and men in
text and illustrations of catalogs, brochures, and other institution/unit
publications.
17. Monitoring Institution Progress: An appropriate member of the university
administration should be responsible for coordinating efforts to eliminate gender
discrimination affecting students. The identification and solution of problems of
discriminatory practices should be effected through the cooperative efforts of
students, faculty/staff and administration.
This coordinator should direct compilation of all special reports which analyze
university practices to determine whether any discrimination based on gender
exists and what solutions are proposed, when such practices are identified. The
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university should maintain an official file which includes a plan for and results
of efforts to provide leadership in eradicating gender stereotypes.
This statement of policy and guidelines on Equal Opportunities in Education should
be available to students, faculty, staff and administrators in all institutions and units.
UW-Stout
Implementation
Procedures for Equal
Opportunities in
Education
Statement of
Commitment
The University of Wisconsin-Stout, as an institution of the University of Wisconsin
System, is an equal opportunity educational institution and is committed to ensuring
the availability of university funded or sponsored functions and/or activities to all
students without regard to gender by complying with Board of Regents Policy 83-5,
Equal Opportunities in Education.
Statement of Purpose
This document establishes implementation procedures which address the Regent
policy guidelines.
Responsibility for
Implementation
UW-Stout will designate an appropriate member of the administration to coordinate
efforts to eliminate gender discrimination affecting students. The equal opportunities
in education coordinator will be assisted and advised by a committee in order to
ensure that the identification and solution of problems of discriminatory practices
will be effected through the cooperative efforts of students, faculty/staff, and
administration.
Implementation
Procedures
UW-Stout will:
1.
Review all educational functions and activities for discrimination on the basis of
gender.
2.
Prescribe corrective actions where gender discrimination is identified.
3.
Act affirmatively to eliminate gender stereotypes through leadership in such
areas as student support services, public service, instruction/instructional
support, and research.
A report summarizing the results of efforts to identify and eliminate any existing
discriminatory practices will be submitted annually to the president of the University
of Wisconsin System.
Wisconsin Public
Records Law
(s.19.31-19.39 Wis. Stats)
Public Policy
The complete text of Wisconsin's Public Records law (s. 19.31-19.39 Wisc. Statutes)
is available in the Reference area of the Library Learning Center. Contact the
University Relations Office for additional interpretation or information about the
law. The following text is a summary of the law's content.
The law states that denial of public access to records generally is contrary to the
public interest and only in an exceptional case may access be denied.
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Record
Anything recorded or preserved that has been created and is being kept by an agency
is considered public record. This includes tapes, films, charts, photographs,
computer printouts and other items.
Exceptions include drafts and preliminary documents when they are limited to the
preparer's level of authority; purely personal property; material covered by copyright,
patent or bequest; and published material available for sale or at a library.
Request
A request must be reasonably specific for subject matter and length of time involved.
An agency is not required to create a new record by compiling information from
existing records. Requests do not have to be in writing. However, if a request is in
writing, a denial also must be in writing and this denial must inform the requester
that the decision is subject to review either through a mandamus proceeding in the
courts or by appeal to the district attorney or attorney general.
Responding to the
Request
Governing bodies must designate a legal custodian, post information on procedures
for obtaining records and respond to requests "as soon as practicable and without
delay." Department of justice policy states that a reply should be given within 10
days or the requester should be informed of the reason for the delay.
Arbitrary and capricious delay or denial subject the custodian to punitive damages
and forfeiture. Request for records should be given high priority and motives of the
requester are not a factor.
Analysis of Request
and Response
When a request is received, it must first be determined whether or not the document
exists. When a document does exist, the presumption is in favor of access.
Access to a public record may be denied when the record is protected by specific
state or federal laws. In addition, exceptions to the state open meeting law under
s.19.85 may be used as indicators of public policy. However, these exceptions are
not automatic and must be considered on a case-by-case basis. Further, the custodian
of the record must present a balancing test to determine if disclosure of the record is
good or harmful to the public. When the balance is about equal, the presumption
should be for disclosure.
Inspection, Copying
and Fees
A requester must be given facilities comparable to those used by employees and is
entitled to use these facilities to make copies of records including audiotapes,
videotapes and computer tapes. In the case of computer tapes, there is a right to have
this information printed out in a readable format.
Copy fees are limited to "the actual, necessary and direct costs of reproduction."
Costs associated with locating records may not be charged unless they exceed $50.
Enforcement and
Penalties
The mandamus proceeding attorneys have the right of in-camera inspection of
records.
Punitive damages and civil forfeitures are available if denial of access to a record is
arbitrary and capricious or excessive fees are charged.
There are also related criminal penalties for destruction or concealment of public
records with intent to injure or defraud; or for deliberately altering public records.
Criminal penalties are covered under separate statue.
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Employee Protection
(Wisc. Stat. s. 230.80-89, "Whistle
Blower Law"
The complete text of Wisconsin's Employee Protection law (s. 230.80-89 Wisc.
Statutes) is available in the Reference area of the Library Learning Center. The
following text merely summarizes the law's content.
All Wisconsin employees are free to disclose information that is not protected by
state or federal law, rule or regulation. In addition, most employees can receive
added protection under s.230.80 Wis. Stats., the so-called "Whistle Blower Law."
The law is intended to prevent retaliation by employers and supervisors against an
employee who attempts to share information that the employee reasonably believes
demonstrates a violation of any state or federal law, rule or regulation; or shows
mismanagement or abuse of authority by state government, a substantial waste of
public funds or a danger to public health and safety.
Employees are protected under this statute if they disclose this information in writing
to the employee's immediate supervisor; or if they provide this information to an
appropriate government unit after consulting with the State Personnel Commission.
This protection also applies to employees who disclose this information to an
appropriate law enforcement agency or appropriate state or federal district attorney;
or to the employee's attorney, collective bargaining representative, legislator, a
legislative committee or legislative service agency.
The law sets forth a process and time frame to investigate information about an
employee's disclosure as it applies to this statute. If reasonably possible, employee
confidentiality is maintained.
No appointing authority, agent of an appointing authority or supervisor may initiate
or administer or threaten to retaliate against an employee who discloses information
protected by this statute. However, this protection does not extend to employees
who disclose information for personal gain (except in the case of an award offered
by government); employees who knowingly make an untrue statement; or employees
who disclose information protected by state or federal law.
Employees who believe their rights have been violated under this law may file a
complaint with the State Personnel Commission. The commission is authorized by
law to apply specific remedies, if it determines that an employee's rights have been
violated. At the same time, if the commission finds that an employee's complaint is
frivolous, it may assess legally defined penalties against the employee or the
employee's attorney.
Alcohol and Other
Drug Policy
(UW-Stout 93-58, 9/7/93)
Background
The abuse of alcohol and other drugs interferes with the education and development
of students. It affects the overall campus environment in a negative way and reduces
the effectiveness and performance of students, faculty, and staff.
This policy seeks to minimize the disruptive influence of alcohol and other drugs
through a campus-wide approach that includes education, prevention, intervention,
and counseling activities. The policy is part of a federal mandate to establish alcohol
and other drug prevention efforts that are reviewed biennially. Receiving funds or
financial assistance from any federal program is dependent on adherence to the
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guidelines of the Drug Free Schools and Communities Act and Drug Free Workplace
Act.
Wisconsin Law and
Definitions
Statement of Policy
1.
"Illicit Drugs." The unlawful use, possession, distribution, manufacture or
dispensing of illicit drugs ("controlled substances") is prohibited in accordance
with UWS 18.10, Wis. Adm. Code. Controlled substances as defined in Ch.
161, Wis Stats., means a drug, substance, or precursor, including but not limited
to, opiates, hallucinogenic substances, depressants, and stimulants.
2.
"Alcohol." In accordance with UWS 18.06(13)(a), Wis Adm. Code: The use or
possession of alcohol beverages is prohibited on all university premises, except
in faculty and staff housing and as permitted by the chief administrative officer,
subject to statutory age restrictions. The legal drinking age in Wisconsin is 21,
and alcohol beverages are defined as fermented malt beverages and intoxicating
liquors containing 0.5% or more of alcohol by weight.
1.
It is the policy of the University of Wisconsin-Stout to take an active and
assertive stance in dealing with alcohol and other drug abuse that diminishes the
quality of the learning environment or that creates a threat to personal safety.
2.
The unlawful possession, use, distribution, manufacture, or dispensing of illicit
drugs and alcohol by students, employees, or organizations is prohibited on
university property or as part of university activities.
3.
This policy applies to all on-campus and off-campus activities that are
considered to be school activities, such as officially sanctioned field trips. These
standards of conduct also apply to student-sponsored social activities or, for
employees, professional meetings, if these activities or meetings are considered
UW-Stout-sponsored activities.
Disciplinary Sanctions 1. Violation of the provisions of this policy by a student may lead to the imposition
of a disciplinary sanction, up to and including suspension or expulsion, under
UWS 17.06(1)(c), Wis. Adm. Code. University employees are also subject to
disciplinary sanctions for violation of these provisions occurring on university
property or the worksite or during work time, up to and including termination
from employment.
Disciplinary sanctions are initiated and imposed in accordance with applicable
procedural requirements and work rules, as set forth in Wisconsin statutes,
administrative rules, faculty and academic staff policies, and collective
bargaining agreements. Referral for prosecution under criminal law is also
possible. Violations of UWS 18.06(13) and 18.10, Wis. Adm. Code, may result
in additional penalties as allowed under ch. UWS 18, Wis. Adm. Code.
Drug-Free Workplace
Act Provisions
(abridged from the DrugFree Workplace Act: PL
2.
All individuals engaged in activities funded by federal grants, contracts, or
cooperative agreements are required, as a condition of continued involvement, to
comply with the university's policy on illicit drugs. Within five working days of
being convicted for any federal or state criminal drug-statute violation occurring
in the workplace, an individual employed with federal funds must provide
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100-690, Title V, Subtitle
D)
information of the conviction to his or her dean, director, or department chair
and the Associate Dean for Research. Failure to notify the appropriate
individuals of conviction for such a violation in the workplace may result in
disciplinary action up to and including termination.
For the purposes of this action, "workplace" is defined as any place, on or off
campus, that an individual is performing duties within the scope of his/her
employment for UW-Stout, and/or within the scope of activities performed
under a federally-funded research grant, contract, or cooperative agreement even
if the individual performing the research is a student and not an employee of the
university.
Any employee receiving federal funds who engages in any prohibited behavior
involving alcohol or illicit drugs on university property or the worksite or during
work time may be referred to counseling or treatment, may be required to
satisfactorily participate in a drug abuse assistance or rehabilitation program,
may have current and future grant funding rescinded or denied, and may be
subject to disciplinary action up to and including discharge. For a complete
copy of the most recent edition of the Drug-Free Workplace provisions, contact
the office of Research Promotion Services.
Pell Grant Recipient
Provisions
3.
Federal law requires Pell Grant recipients to certify to the university that he or
she will not engage in the above unlawful activities related to controlled
substances during the period covered by the Pell Grant.
The statute provides that if an individual is convicted of certain drug-related
federal or state offenses, a court may suspend his or her eligibility for federal
benefit, including federal student financial aid. If an individual is convicted
three or more times for drug distribution, he or she may become permanently
ineligible to receive additional Title IV financial aid. The statute also provides
for a separate schedule of suspension of eligibility for drug possession.
Legal Sanctions
Wisconsin and federal laws governing alcohol and illicit drugs to which students,
faculty and staff are subject, include, but are not limited to those listed below.
Specific information about each, including penalties for violation are published
annually in the UW-Stout Student Handbook. Penalties associated with violations of
each are subject to change.
1.
Alcohol
a.
b.
c.
2.
Wisconsin's Not A Drop Law, Wis. Stat. 346.63(2m), which states that a
person who has not attained the age of 19 may not drive with a blood
alcohol concentration of more than 0.0%.
Wisconsin's Drinking Age laws.
Wisconsin's Operating While Under the Influence (OWI) laws.
Illicit Drug Laws
a.
b.
Wisconsin Illicit Drug Laws, the Uniform Controlled Substances Act, Wis.
Stat. 161.
Federal Illicit Drug Laws dealing with trafficking, possession, crack
cocaine, and penalties for violation.
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University Counseling
and Referral
Resources
1.
University Counseling Center. The Counseling Center provides counseling and
other educational programming and support services designed to enhance the
quality of student life and promote good mental health and academic success.
2.
Alcohol and Other Drug Education Program (AODEP). The Alcohol and Other
Drug Education Program is part of the University Counseling Center and
provides a variety of services for students and UW-Stout employees. It assists
with interventions and provides consultation, assessment, counseling, and
referral services. It provides and distributes guidelines and information about
the university's alcohol and other drug use policy, state and federal laws and
penalties for violation, and information about risks from abusing alcohol and
other drugs.
3.
Clinical Services Center. The Clinical Services Center within UW-Stout's
School of Education and Human Services provides diagnostic/evaluation and
treatment/intervention services for the campus and Menomonie area community.
Nonsmoking Policy
(UW-Stout 92-55, 4/1/92)
Introduction
UW-Stout is committed to providing a safe and healthy environment for its students,
staff, and visitors. Tobacco products create health and environmental hazards to
those who use them as well as to persons exposed to the by-products of their use.
Definitions
"Smokefree" is an environment in which there is no use of lighted cigarettes, cigars,
pipes, or other smoking materials. For this document, the term also includes
smokeless tobacco products which result in expectorant.
"General Purpose Revenue" (GPR) facilities are those constructed and/or supported
by Wisconsin tax funds.
"Program Revenue" (PR) facilities are those constructed and/or supported by user
fees.
Statement of Policy
It is the policy of UW-Stout that:
1.
All General Purpose Revenue buildings, as well as vehicles owned or leased by
the university, shall be smokefree.
2.
Program Revenue-supported buildings will be smokefree except in specific areas
designated by Auxiliary Services' staff in consultation with each building's
advisory council. Decisions on designated areas must include review by
Physical Plant staff to advise on air distribution.
3.
All UW-Stout staff and students are responsible for compliance and for advising
sponsored visitors of the policy.
4.
Violations will be handled like other work rule or policy violations.
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Communicable
Diseases
(State Policy-1/13/89)
It is the State of Wisconsin's policy to continue the employment of employees and to
provide employment opportunities to qualified applicants who have communicable
diseases and/or life-threatening medical conditions so long as such persons remain
able to perform their assigned duties safely and efficiently and the employee's health
condition does not present a significant health and/or safety risk to other employees,
clients served, or the public.
State agencies shall provide reasonable accommodation in accordance with federal
and state laws and policies. Discussions of accommodation requests must include
the Agency Affirmative Action Officer or Designee.
Supervisors must consider employees' requests for accommodation. Employees who
recognize a need for accommodation are encouraged to report their medical
conditions to their supervisors so that their requests for accommodations can be
appropriately considered.
Supervisors must counsel employees who feel threatened by a co-worker's illness
concerning matters involving their employment. There is no requirement to provide
alternate accommodations.
Agency and university heads shall develop procedures to be followed by managers
and supervisors when they are made aware that an employee has a communicable
disease and/or a life-threatening medical condition. If a taskforce is appointed, it
should include the Employee Assistance Director/Coordinator, Affirmative Action
Officer or Designee, Personnel Director, Employment Relations Specialist, and other
appropriate employees. Agency and university heads shall require all managers and
supervisors to attend training on the policies and procedures.
Agency and university heads are responsible for the implementation of this policy in
their agencies and universities and for ensuring that the following services are
included in any procedures developed:
•
•
•
•
Referral to community medical, education and support resources as appropriate.
Provision of updated information on communicable diseases and/or lifethreatening medical conditions in the workplace.
Training for employees, managers and supervisors on the agency's and
university's policy, the agency and university expectations of its managers and
supervisors, and relevant information on specific conditions.
Referral to the personnel or payroll office for information and assistance on
benefits including sick leave, life and health insurance, alternative work patterns,
disability leave and other benefits.
All complaints alleging violation of this policy will be referred to the Affirmative
Action Officer or designee and will be investigated in accordance with
agency/university complaint policies.
(UW-Stout Policy)
To prevent and/or limit the transmission of communicable diseases on the UW-Stout
campus and in the community, all patients known to have or suspected of having a
communicable disease will be interviewed to obtain the information necessary to
allow the Student Health Services to implement appropriate public health
precautions.
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Bloodborne
Pathogens Exposure
Control Plan
(1/5/94)
To eliminate or minimize employee occupational exposure to blood or certain other
body fluids and to comply with the OSHA Bloodborne Pathogens Standard, UWStout has developed a bloodborne pathogens exposure control plan. This plan
includes universal precautions, work practice controls, use of personal protective
equipment, housekeeping procedures, and regulated waste disposal procedures.
The hepatitis B vaccine and vaccination series are available to all employees who
have occupational exposure.
The Office of Risk Management, Environmental Health, and Safety is responsible
for all aspects of this plan. This office shall ensure that appropriate training is
provided, review this program annually for its effectiveness, and update the program
as needed.
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