September 18, 2019 - Introduced by Representatives Hesselbein, Emerson,
Stubbs, Vining, Hebl, Zamarripa, Anderson, Sargent, Bowen, Sinicki,
Shankland, Spreitzer, Subeck, Considine, Billings, Neubauer, Vruwink, L.
Myers
, Ohnstad, Fields, C. Taylor, Pope and Brostoff, cosponsored by
Senators Risser, Erpenbach, Hansen, Bewley, Ringhand and L. Taylor.
Referred to Committee on Colleges and Universities.
AB463,1,4 1An Act to amend 36.17 (1), 36.19, 36.21, 111.81 (7) (ar) and 111.81 (7) (at); and
2to create 36.13 of the statutes; relating to: faculty tenure and probationary
3appointments at University of Wisconsin System institutions and granting
4rule-making authority.
Analysis by the Legislative Reference Bureau
This bill restores the tenure and probationary appointment provisions for
faculty of the University of Wisconsin System that were in effect just prior to
enactment of the 2015-17 biennial budget act (2015 Act 55).
Prior to 2015 Act 55, the statutes specifically authorized the Board of Regents
of the UW System to grant to a ranked faculty member a tenure appointment for an
unlimited period if certain conditions were met, including that the chancellor of the
applicable UW institution and, with an exception, the faculty member's academic
department both affirmatively recommended the tenure appointment. A tenured
faculty member could be dismissed only for just cause. The statutes also specifically
authorized the Board of Regents to make faculty probationary appointments for a
period preceding a decision on tenure. A faculty member having a probationary
appointment could be dismissed prior to the end of the contract term only for just
cause.
This bill restores the tenure and probationary appointment provisions for UW
System faculty that existed just prior to enactment of 2015 Act 55.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB463,1 1Section 1. 36.13 of the statutes is created to read:
AB463,2,3 236.13 Faculty tenure and probationary appointments. (1) Definitions.
3In this section:
AB463,2,64 (a) “Probationary appointment" means an appointment by the board held by
5a faculty member during the period which may precede a decision on a tenure
6appointment.
AB463,2,87 (b) “Tenure appointment" means an appointment for an unlimited period
8granted to a ranked faculty member by the board.
AB463,2,14 9(2) Appointments. (a) Except as provided under par. (b), the board may grant
10a tenure appointment only upon the affirmative recommendation of the appropriate
11chancellor and the appropriate academic department or its functional equivalent.
12Neither the chancellor nor the academic department or its functional equivalent may
13base a tenure recommendation upon impermissible factors, as defined by the board
14by rule.
AB463,2,1715 (b) The board may grant a tenure appointment without the affirmative
16recommendation of the appropriate academic department or its functional
17equivalent if all of the following apply:
AB463,2,1918 1. The board has the affirmative recommendation of the appropriate
19chancellor.
AB463,3,220 2. A faculty committee authorized by the board by rule to review the negative
21recommendation of the academic department or its functional equivalent finds that

1the decision of the academic department or its functional equivalent was based upon
2impermissible factors, as defined by the board by rule.
AB463,3,133 3. The board has the affirmative recommendation of a committee appointed
4according to the policies and procedures of the appropriate institution to review the
5individual's record with reference to criteria for tenure published by the institution
6under procedures established by the board by rule. No person may be appointed to
7the committee under this subdivision unless the person is knowledgeable or
8experienced in the individual's academic field or in a substantially similar academic
9field. No member of the committee appointed under this subdivision may be a
10member of the academic department, or its functional equivalent, that made the
11negative recommendation. The committee appointed under this subdivision may not
12base its tenure recommendation upon impermissible factors, as defined by the board
13by rule.
AB463,3,1814 (c) A tenure appointment may be granted to any ranked faculty member who
15holds or will hold a half-time appointment or more. The proportion of time provided
16for in the appointment may not be diminished nor increased without the mutual
17consent of the faculty member and the institution subject only to sub. (5) and ss. 36.21
18and 36.22.
AB463,3,2419 (d) A probationary appointment shall not exceed 7 consecutive academic years
20in a full-time position in an institution. A leave of absence, sabbatical, or a teacher
21improvement assignment does not constitute a break in continuous service and shall
22not be included in the 7-year period. The board may promulgate rules specifying
23additional circumstances that do not constitute a break in continuous service and
24that shall not be included in the 7-year period.
AB463,4,4
1(3) Rules. The board and its several faculties, after consultation with
2appropriate students, shall promulgate rules for tenure and probationary
3appointments, for the review of faculty performance, and for the nonretention and
4dismissal of faculty members. Such rules shall be promulgated under ch. 227.
AB463,4,8 5(4) Continuation of appointment. (a) Any person who holds a tenure
6appointment under ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on
7July 9, 1974, shall continue to hold tenure as defined under those chapters and
8related rules.
AB463,4,139 (b) Any person who holds the equivalent of a probationary appointment under
10ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on July 9, 1974, shall
11continue to enjoy the contractual rights and guarantees as defined under those
12chapters and related rules, and may elect to be considered for tenure according to the
13procedures existing under that appointment or under sub. (2).
AB463,4,1614 (c) Any person who is not a ranked faculty member on August 15, 1991, and who
15is also described under subd. 1. or 2. shall be treated as a faculty member with the
16rank of associate professor for all purposes:
AB463,4,1917 1. Any person who held an unranked faculty tenure appointment or unranked
18faculty concurrent tenure appointment under ch. 37, 1971 stats., prior to July 10,
191974.
AB463,4,2220 2. Any person who held an unranked probationary appointment under ch. 37,
211971 stats., prior to July 10, 1974, and who subsequently received an unranked
22faculty tenure appointment or unranked faculty concurrent tenure appointment.
AB463,5,4 23(5) Procedural guarantees. Any person having tenure may be dismissed only
24for just cause and only after due notice and hearing. Any person having a
25probationary appointment may be dismissed prior to the end of the person's contract

1term only for just cause and only after due notice and hearing. The action and
2decision of the board in such matters shall be final, subject to judicial review under
3ch. 227. The board and its several faculties shall develop procedures for the notice
4and hearing that shall be promulgated by rule under ch. 227.
AB463,5,7 5(6) Limitation. Tenure and probationary appointments are in a particular
6institution. A tenure appointment is limited to the institution in which the
7appointment is held.
AB463,2 8Section 2. 36.17 (1) of the statutes is amended to read:
AB463,5,139 36.17 (1) An appointment to a position listed in sub. (2) shall be a limited
10appointment and the appointment shall be at the pleasure of the board. A faculty
11member who has been granted tenure or a
person holding an a tenured or academic
12staff appointment under s. ss. 36.13 and 36.15 shall not lose that appointment by
13accepting a limited appointment.
AB463,3 14Section 3. 36.19 of the statutes is amended to read:
AB463,5,18 1536.19 Other appointments. The board may make or authorize fixed term
16appointments for student assistants and employees in training, such as residents,
17interns, post-doctoral fellows or trainees or associates. Appointments made under
18this section shall not be subject to s. ss. 36.13 and 36.15.
AB463,4 19Section 4. 36.21 of the statutes is amended to read:
AB463,6,6 2036.21 Termination due to certain budget or program changes.
21Notwithstanding s. ss. 36.13 (4) and 36.15, the board may, with appropriate notice,
22terminate any faculty or academic staff appointment when such an action is deemed
23necessary due to a budget or program decision requiring program discontinuance,
24curtailment, modification, or redirection. No person may be employed at the
25institution within 2 years to perform reasonably comparable duties to those of the

1person whose appointment was terminated without first offering such person a
2reappointment. The board, after consultation with the faculty and chancellor of each
3institution, shall adopt procedures to be followed in the event of termination of
4academic staff under this section and the board may adopt procedures, consistent
5with s. 36.22, to be followed in the event of termination of faculty under this section
6and s. 36.22.
AB463,5 7Section 5. 111.81 (7) (ar) of the statutes is amended to read:
AB463,6,118 111.81 (7) (ar) Any employee who is employed by the University of Wisconsin
9System, except an employee who is assigned to the University of
10Wisconsin-Madison, and except faculty, under s. 36.13 and except academic staff
11under s. 36.15.
AB463,6 12Section 6. 111.81 (7) (at) of the statutes is amended to read:
AB463,6,1513 111.81 (7) (at) Any employee who is employed by the University of Wisconsin
14System and assigned to the University of Wisconsin-Madison except faculty under
15s. 36.13
and except academic staff under s. 36.15.
AB463,6,1616 (End)
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