LRB-2428/1
ARG:cdc
2021 - 2022 LEGISLATURE
May 27, 2021 - Introduced by Representatives Hesselbein, Stubbs, Emerson,
Shelton, Hong, Brostoff, Conley, Hebl, Anderson, Snodgrass, Neubauer,
Doyle, Subeck, Pope, Shankland, Spreitzer, Billings, Baldeh, Sinicki,
Hintz, Cabrera and Vining, cosponsored by Senators Smith, Roys, Johnson,
Wirch, Ringhand, Larson and Erpenbach. Referred to Committee on Colleges
and Universities.
AB362,1,3 1An Act to repeal 36.09 (3m); and to amend 36.09 (4), 36.09 (4m) and 36.09 (5)
2of the statutes; relating to: shared governance at University of Wisconsin
3System institutions.
Analysis by the Legislative Reference Bureau
This bill modifies statutory provisions relating to shared governance at
University of Wisconsin System institutions to restore these provisions to their form
just prior to enactment of the 2015-17 biennial budget act (2015 Act 55).
Current law, after 2015 Act 55, specifies the division of responsibilities at UW
System institutions as follows: 1) the chancellors are the executive heads and are
vested with the responsibility of administering the policies of the Board of Regents
and, in consultation with the faculty, carrying out other policy-related
responsibilities such as designing curricula, setting degree requirements,
determining academic standards, establishing standards for faculty appointment
and promotion, and administering institutional funds; 2) the faculty of each
institution has the primary responsibility for advising the chancellor regarding
academic and educational activities and faculty personnel matters; 3) the academic
staff of each institution has the primary responsibility for advising the chancellor
regarding the formulation and review, and must be represented in the development,
of policies and procedures concerning academic staff, including academic staff
personnel matters; and 4) the students of each institution have primary
responsibility for advising the chancellor regarding the formulation and review of
policies concerning student life, services, and interests. However, this authority of

the faculty, academic staff, and students is subordinate to the authority of the Board
of Regents, the UW System president, and the chancellor, and the authority of the
academic staff and students is further subordinate to the authority of the faculty.
Although faculty have the right to determine their own organizational structure and
to select their representatives in institutional governance, they must ensure that
faculty in academic disciplines related to science, technology, engineering, and
mathematics, STEM, are adequately represented in the faculty organizational
structure.
Before 2015 Act 55, the division of responsibilities applicable to faculty,
academic staff, and students at UW System institutions was characterized as
follows: 1) the faculty was vested with responsibility for the immediate governance
of the institution and had to actively participate in institutional policy development,
and as such had the primary responsibility for academic and educational activities
and faculty personnel matters; 2) the academic staff had to be active participants in
the immediate governance of and policy development for the institution and had the
primary responsibility for the formulation and review, and had to be represented in
the development, of all policies and procedures concerning academic staff members,
including academic staff personnel matters; and 3) the students had to be active
participants in the immediate governance of and policy development for the
institution and, as such, had primary responsibility for the formulation and review
of policies concerning student life, services and interests. However, these
responsibilities of the faculty, academic staff, and students were subject to the
responsibilities and powers of the Board of Regents, the UW System president, and
the chancellor, and the responsibilities of the academic staff and students were
further subject to the responsibilities of the faculty. In addition, prior to 2015 Act 55,
there was no statutory requirement that STEM faculty be adequately represented
in the faculty organizational structure.
This bill restores provisions relating to shared governance at UW System
institutions to the form in which they existed just prior to enactment of 2015 Act 55.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB362,1 1Section 1. 36.09 (3m) of the statutes is repealed.
AB362,2 2Section 2. 36.09 (4) of the statutes is amended to read:
AB362,3,73 36.09 (4) Faculty. The faculty of each institution, subject to the responsibilities
4and powers of the board, the president, and the chancellor of such institution, shall
5be vested with responsibility for the immediate governance of such institution and
6shall actively participate in institutional policy development. As such, the faculty


1shall have the primary responsibility for advising the chancellor regarding academic
2and educational activities and faculty personnel matters. The faculty of each
3institution shall have the right to determine their own faculty organizational
4structure and to select representatives to participate in institutional governance,
5except that the faculty of each institution shall ensure that faculty in academic
6disciplines related to science, technology, engineering, and mathematics are
7adequately represented in the faculty organizational structure
.
AB362,3 8Section 3. 36.09 (4m) of the statutes is amended to read:
AB362,3,189 36.09 (4m) Academic staff. The academic staff members of each institution,
10subject to the responsibilities and powers of the board, the president, the chancellor,
11and the faculty of the institution, shall be active participants in the immediate
12governance of and policy development for the institution. The academic staff
13members
have the primary responsibility for advising the chancellor regarding the
14formulation and review, and shall be represented in the development, of all policies
15and procedures concerning academic staff members, including academic staff
16personnel matters. The academic staff members of each institution shall have the
17right to organize themselves in a manner they determine and to select their
18representatives to participate in institutional governance.
AB362,4 19Section 4. 36.09 (5) of the statutes is amended to read:
AB362,4,520 36.09 (5) Students. The students of each institution or campus subject to the
21responsibilities and powers of the board, the president, the chancellor, and the
22faculty shall be active participants in the immediate governance of and policy
23development for such institutions. As such, students
shall have primary
24responsibility for advising the chancellor regarding the formulation and review of
25policies concerning student life, services, and interests. Students in consultation

1with the chancellor and subject to the final confirmation of the board shall have the
2responsibility for the disposition of those student fees which constitute substantial
3support for campus student activities. The students of each institution or campus
4shall have the right to organize themselves in a manner they determine and to select
5their representatives to participate in institutional governance.
AB362,4,66 (End)
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