AB40,537,2422
4. Provide periods within which the complainant and the university must act
23for each procedural step leading to the issuance of a final decision and for appeal of
24the final decision to the chancellor.
AB40,538,2
1(b) The board shall establish policies and procedures for the appeal of the
2chancellor's decision to the board.
AB40,538,4
337.13 Faculty tenure and probationary appointments. (1) Definitions. 4In this section:
AB40,538,75
(a) "Probationary appointment" means an appointment by the board held by
6a faculty member during the period that may precede a decision on a tenure
7appointment.
AB40,538,98
(b) "Tenure appointment" means an appointment for an unlimited period
9granted to a faculty member by the board.
AB40,538,14
10(2) Appointments. (a) Except as provided under par. (b), the board may grant
11a tenure appointment only upon the affirmative recommendation of the chancellor
12and the appropriate academic department or its functional equivalent. Neither the
13chancellor nor the academic department or its functional equivalent may base a
14tenure recommendation upon impermissible factors, as defined by the board by rule.
AB40,538,1715
(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:
AB40,538,1818
1. The board has the affirmative recommendation of the chancellor.
AB40,538,2219
2. A faculty committee authorized by the board by rule to review the negative
20recommendation of the academic department or its functional equivalent finds that
21the decision of the academic department or its functional equivalent was based upon
22impermissible factors, as defined by the board by rule.
AB40,539,723
3. The board has the affirmative recommendation of a committee appointed
24according to the policies and procedures of the university to review the individual's
25record with reference to criteria for tenure published by the university under
1procedures established by the board by rule. No person may be appointed to the
2committee under this subdivision unless the person is knowledgeable or experienced
3in the individual's academic field or in a substantially similar academic field. No
4member of the committee appointed under this subdivision may be a member of the
5academic department, or its functional equivalent, that made the negative
6recommendation. The committee appointed under this subdivision may not base its
7tenure recommendation upon impermissible factors, as defined by the board by rule.
AB40,539,118
(c) A tenure appointment may be granted to any faculty member who holds or
9will hold a half-time appointment or more. The proportion of time provided for in the
10appointment may not be diminished nor increased without the mutual consent of the
11faculty member and the university subject only to sub. (5) and s. 37.21.
AB40,539,1712
(d) A probationary appointment shall not exceed 7 consecutive academic years
13in a full-time position. A leave of absence, sabbatical or a teacher improvement
14assignment does not constitute a break in continuous service and shall not be
15included in the 7-year period. The board may adopt rules specifying additional
16circumstances that do not constitute a break in continuous service and that shall not
17be included in the 7-year period.
AB40,539,20
18(3) Rules. The board and the faculty shall adopt rules for tenure and
19probationary appointments, for the review of faculty performance and for the
20nonretention and dismissal of faculty members.
AB40,540,2
21(4) Continuation of appointment. (a) Any person who holds a tenure
22appointment under ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on
23July 9, 1974, shall continue to hold tenure as defined under those chapters and
24related rules. Any person who holds a tenure appointment under sub. (2) (a) or (b)
1and related rules on the effective date of this paragraph .... [LRB inserts date], shall
2continue to hold tenure under that subsection and related rules.
AB40,540,63
(b) Any person who holds a probationary appointment under sub. (2) (d) and
4related rules on the effective date of this paragraph .... [LRB inserts date], shall
5continue to enjoy the contractual rights and guarantees as defined under that
6paragraph and related rules.
AB40,540,12
7(5) Procedural guarantees. Any person having tenure may be dismissed only
8for just cause and only after due notice and hearing. Any person having a
9probationary appointment may be dismissed prior to the end of the person's contract
10term only for just cause and only after due notice and hearing. The action and
11decision of the board in such matters shall be final. The board and the faculty shall
12develop procedures for the notice and hearing that shall be adopted by rule.
AB40,540,14
1337.14 Wisconsin distinguished professorships. (1) The board may
14establish distinguished professorships under this section.
AB40,540,18
15(2) The board may pay under this section the salary and fringe benefit costs
16of the professor holding the distinguished professorship and of any graduate
17assistant assigned to the professor, and the equipment, supplies, and travel costs of
18the professor and the graduate assistants assigned to the professor.
AB40,540,23
1937.15 Academic staff appointments. A person having an academic staff
20appointment for a term may be dismissed prior to the end of the appointment term
21only for just cause and only after due notice and hearing. A person having an
22academic staff appointment for an indefinite term who has attained permanent
23status may be dismissed only for just cause and only after due notice and hearing.
AB40,541,2
2437.17 Executive appointments. An appointment to an executive position,
25as determined by the board, shall be at the pleasure of the board. A person holding
1a tenured or academic staff appointment under s. 37.13 or 37.15 does not lose that
2appointment by accepting an executive appointment.
AB40,541,6
337.19 Other appointments. (1) The board may make or authorize
4appointments for former classified service employees, student assistants, and
5employees in training, such as residents, interns, post-doctoral fellows, or trainees
6or associates.
AB40,541,10
7(2) (a) Beginning July 1, 2012, all board employees in the classified service who
8have been achieved permanent status in class, and who became board employees
9before July 1, 2012, may be dismissed only for just cause and only after due notice
10and hearing.
AB40,541,1611
(b) Except for appointments under par. (a), ss. 37.13, 37.15, and 37.17, and
12except for limited-term employees, project employees, student assistants,
13employees in training such as residents, interns, post-doctoral fellows, or trainees
14or associates, all appointments made on or after July 1, 2012, have the procedural
15guarantees included in the personnel system implemented by the board under s.
1637.11 (1g).
AB40,541,23
1737.21 Lapse of appointments. Notwithstanding ss. 37.13 (4) and (5), 37.15,
18and 37.19 (2), the board may, with appropriate notice, terminate any appointment
19when a financial emergency exists. No person may be employed at the university
20within 2 years to perform reasonably comparable duties to those of the person whose
21appointment was terminated without first offering such person a reappointment.
22The board, after consultation with the faculty and chancellor, shall adopt procedures
23to be followed in the event of termination under this section.
AB40,542,3
2437.23 Conflict of interest. No member of the board, or other person
25appointed or employed in any position in the university, may at any time act as an
1agent for any person or organization if the act would create a conflict of interest with
2the terms of the person's service in the university. The board shall define conflicts
3of interest and adopt policies related thereto.
AB40,542,11
437.25 Special programs. (2) Wisconsin residents preference in housing. 5Preference as to rooming, boarding, and apartment facilities in the use of living units
6operated by the university shall, for the following school year, be given to students
7who are residents of this state and who apply before March 15, unless a later date
8is set by the board. Such preference shall be granted in accordance with categories
9of priority established by the board. Leases or other agreements for occupancy of
10such living units shall not exceed a term of one calendar year. The board may
11establish requirements for the execution of this subsection.
AB40,542,13
12(3m) Solid waste experiment centers. (a) In this subsection, "solid waste
13disposal" has the meaning given in s. 289.01 (34).
AB40,542,2114
(b) The board may establish one or more solid waste experiment centers for the
15purpose of developing, demonstrating, promoting, and assessing the costs and
16environmental effects of alternatives to solid waste disposal. The board shall
17determine the location of the solid waste experiment centers. In making the
18determination, the board shall consider the solid waste disposal needs of the various
19regions of the state. The board may establish, through cooperative agreements, solid
20waste experiment centers at existing publicly owned or privately owned storage,
21treatment, or disposal facilities.
AB40,543,722
(c) The board shall conduct research into alternatives to solid waste disposal,
23including the reuse and recycling of materials, composting, source separation, and
24the disposal of household hazardous wastes. The board shall also conduct research
25into the safe disposal of solid waste that cannot be composted or recycled. Research
1conducted under this paragraph shall include technologies suitable for application
2to waste streams of less than 50 tons of solid waste per day and shall consider the
3environmental effects of the technologies being researched and measures that could
4be taken to mitigate such effects. Research conducted under this paragraph shall be
5designed for the benefit of all public and private entities responsible for the
6collection, storage, transportation, treatment, or disposal of solid waste and all
7persons who generate solid waste.
AB40,543,13
8(5) State educational radio and television networks. (a) Except as provided
9in par. (b), the board may grant the educational communications board the part-time
10use of equipment and space necessary for the operations of the state educational
11radio and television networks pursuant to the affiliation agreement between the
12educational communications board and the Board of Regents required under s. 36.25
13(5).
AB40,543,17
14(9) Clearing cutover lands. The board through the College of Agricultural
15and Life Sciences may cause an investigation to be made of methods of clearing
16cutover lands, perform experiments and demonstrations in conjunction therewith,
17and provide related services to individual citizens at cost.
AB40,544,2
18(14) Graduate student financial aid. The board shall establish a grant
19program for minority and disadvantaged graduate students enrolled in the
20university. The grants shall be awarded from the appropriation under s. 20.280 (1)
21(a). The board shall give preference in awarding grants under this subsection to
22residents of this state. The board may not make a grant under this subsection to a
23person whose name appears on the statewide support lien docket under s. 49.854 (2)
24(b), unless the person provides to the board a payment agreement that has been
1approved by the county child support agency under s. 59.53 (5) and that is consistent
2with rules promulgated under s. 49.858 (2) (a).
AB40,544,6
3(14m) Minority and disadvantaged programs. (a) The board shall allocate
4funds under s. 20.280 (4) (a) to fund programs for recruiting minority and
5disadvantaged students and to fund programs for minority and disadvantaged
6students enrolled in the university.
AB40,544,87
(b) Annually by April 15, the board shall adopt a precollege, recruitment and
8retention plan for minority and disadvantaged students enrolled in the university.
AB40,544,119
(c) Annually by April 15, the board shall submit a report to the governor and
10to the chief clerk of each house of the legislature for distribution to the appropriate
11standing committees under s. 13.172 (3). The report shall include all of the following:
AB40,544,1212
1. The plan adopted under par. (b).
AB40,544,1613
2. All financial aid distributed to students, categorized by ethnic group, class
14level, and dependency status. The report shall include information on financial need,
15percentage of need satisfied by loan, percentage of need satisfied by grant, and the
16percentage remaining unsatisfied.
AB40,544,18
17(15) Military instruction. The board may provide courses in military science
18and tactics.
AB40,544,20
19(27) Integrated agriculture program. The board shall establish an integrated
20agriculture program.
AB40,544,24
21(28) Schools of business. The board shall use the funds appropriated under
22s. 20.280 (1) (a) to support improvements in master's level business programs. The
23board may spend funds in that appropriation for this purpose only if it receives
24matching funds for the same purpose from private contributions.
AB40,545,2
1(46) Meningococcal disease and hepatitis B. (a) The board shall do all of the
2following:
AB40,545,63
1. Annually, provide detailed information on the risks associated with
4meningococcal disease and hepatitis B and the availability and effectiveness of
5vaccines against the diseases to each enrolled student, if he or she is at least 18 years
6old, or to the student's parent or guardian, if the student is a minor.
AB40,545,97
2. Require a student who resides in a dormitory or residence hall, or the
8student's parent or guardian if the student is a minor, to affirm that the student
9received the information under subd. 1.
AB40,545,1210
3. Require a student who resides in a dormitory or residence hall to affirm
11whether he or she has received the vaccination against meningococcal disease and
12to provide the date of the vaccination, if any.
AB40,545,1513
4. Require a student who resides in a dormitory or residence hall to affirm
14whether he or she has received the vaccination against hepatitis B and to provide the
15date of the vaccination, if any.
AB40,545,1716
5. Maintain a confidential record of the affirmations and the dates of the
17vaccinations of each student under subds. 3. and 4.
AB40,545,1918
(b) Nothing in this subsection requires the board to provide or pay for
19vaccinations against meningococcal disease or hepatitis B.
AB40,546,2
2037.27 Tuition and fees. (1) Board to establish. (a) Subject to par. (b), the
21board may establish for different classes of students differing tuition and fees
22incidental to enrollment in educational programs or use of facilities in the university.
23Except as otherwise provided in this section, the board may charge any student who
24is not exempted by this section a nonresident tuition. The board may establish
1special rates of tuition and fees for summer sessions and such other studies or
2courses of instruction as the board deems advisable.
AB40,546,63
(b) The board shall permit a person who is 60 years of age or older to audit a
4course without paying an auditor's fee if the person is a resident of this state, as
5determined under sub. (2) (e), space is available in the course, and the instructor
6approves.
AB40,546,9
7(2) Nonresident tuition exceptions. (a) Students qualifying under any of the
8following categories, while they continue to be residents of this state, are entitled to
9exemption from nonresident tuition but not from incidental or other fees:
AB40,546,1210
1. Any adult student who has been a bona fide resident of the state for 12
11months next preceding the beginning of any semester or session for which such
12student registers at the university.
AB40,546,1513
2. Any minor student, if one or both of the student's parents have been bona fide
14residents of this state for at least 12 months next preceding the beginning of any
15semester or session for which the student registers at the university.
AB40,546,19163. Any adult student who is a dependent of his or her parents under
26 USC
17152 (a), if one or both of the student's parents have been bona fide residents of this
18state for at least 12 months next preceding the beginning of any semester or session
19for which the student registers at the university.
AB40,546,2220
4. Any minor student who has resided substantially in this state during the
21years of minority and at least 12 months next preceding the beginning of any
22semester or session for which such student registers at the university.
AB40,547,223
5. Any minor student under guardianship in this state whose legal guardian
24has been a bona fide resident of this state for at least 12 months next preceding the
1beginning of any semester or session for which such student registers at the
2university.
AB40,547,103
6. Any adult student who has been employed as a migrant worker for at least
42 months each year for 3 of the 5 years next preceding the beginning of any semester
5or session for which the student registers at the university, or for at least 3 months
6each year for 2 of the 5 years next preceding the beginning of any semester or session
7for which the student registers at the university, any adult student whose parent or
8legal guardian has been so employed while the student was a minor and any minor
9student whose parent or legal guardian has been so employed. In this subdivision,
10"migrant worker" has the meaning specified in s. 103.90 (5).
AB40,547,1511(am) Any person who is a refugee, as defined under
8 USC 1101 (a) (42), who
12moved to this state immediately upon arrival in the United States and who has
13resided in this state continuously since then is entitled to the exemption under par.
14(a) if he or she demonstrates an intent to establish and maintain a permanent home
15in Wisconsin according to the criteria under par. (e).
AB40,547,1916
(b) 1. Nonresident members of the armed forces and persons engaged in
17alternative service who are stationed in this state on active duty and their spouses
18and children are entitled to the exemption under par. (a) during the period that such
19persons are stationed in this state.
AB40,547,2220
2. Members of the armed forces who reside in this state and are stationed at
21a federal military installation located within 90 miles of the borders of this state, and
22their spouses and children, are entitled to the exemption under par. (a).
AB40,548,223
3. Nonresident persons who served in active duty in the U.S. armed forces for
24at least 10 years, who were honorably discharged from such service within 4 years
25before applying at the university, and who filed state income tax returns for at least
18 of the last 10 years of active duty in the U.S. armed forces, and their spouses and
2children are entitled to the exemption under par. (a).
AB40,548,63
4. A person who was a resident of this state at the time of entry into active duty,
4who is a resident of and living in this state at the time of registering at the university,
5and who is a veteran, as defined in s. 45.01 (12), is entitled to the exemption under
6par. (a).
AB40,548,117
(c) Any student who is a graduate of a Wisconsin high school and whose parents
8are bona fide residents of this state for 12 months next preceding the beginning of
9any semester or session for which the student registers at the university or whose
10last surviving parent was a bona fide resident of this state for the 12 months
11preceding death is entitled to the exemption under par. (a).
AB40,548,1912
(cm) Any person continuously employed full time in this state, who was
13relocated to this state by his or her current employer or who moved to this state for
14employment purposes and accepted his or her current employment before applying
15for admission to the university and before moving, and the spouse and dependents
16of any such person, are entitled to the exemption under par. (a) if the student
17demonstrates an intent to establish and maintain a permanent home in Wisconsin
18according to the criteria under par. (e). In this paragraph, "dependents" has the
19meaning given in
26 USC 152 (a).
AB40,548,2320
(d) Any person who has not been a bona fide resident of the state for 12 months
21next preceding the beginning of any semester or session for which such person
22registers at the university, except as provided in this subsection, is not exempt from
23the payment of the nonresident tuition.
AB40,549,1324
(e) In determining bona fide residence at the time of the beginning of any
25semester or session and for the preceding 12 months the intent of the person to
1establish and maintain a permanent home in Wisconsin is determinative. In
2addition to representations by the student, intent may be demonstrated or disproved
3by factors including, but not limited to, timely filing of a Wisconsin income tax return
4of a type that only full-year Wisconsin residents may file, voter registration in
5Wisconsin, motor vehicle registration in Wisconsin, possession of a Wisconsin
6operator's license, place of employment, self-support, involvement in community
7activities in Wisconsin, physical presence in Wisconsin for at least 12 months
8preceding the beginning of the semester or session for which the student registers,
9and, if the student is not a U.S. citizen, possession of a visa that permits indefinite
10residence in the United States. Notwithstanding par. (a), a student who enters and
11remains in this state principally to obtain an education is presumed to continue to
12reside outside this state and such presumption continues in effect until rebutted by
13clear and convincing evidence of bona fide residence.
AB40,549,18
14(2m) Appeals. Any body designated by the board to determine nonresident
15tuition exemptions under sub. (2) may require a student who has been granted such
16an exemption to submit information from which the body may determine the
17student's eligibility for the exemption, the student's eligibility for a different
18exemption, or the student's residency status.
AB40,549,20
19(3) Tuition remissions. (a) The board may remit nonresident tuition either in
20whole or in part at the university, but not other fees:
AB40,549,2321
1. To a number of needy and worthy nonresident students upon the basis of
22merit, to be shown by suitable tests, examinations, or scholastic records and
23continued high standards of scholastic attainment.
AB40,550,3
12. To additional individual students who, in the judgment of the board, are
2deserving of relief from the assessment of nonresident tuition because of
3extraordinary circumstances.
AB40,550,74
(b) The board may remit nonresident tuition, in whole or in part, but no other
5fees, except in special circumstances as approved by the chancellor, to worthy and
6needy foreign students and to students who are United States citizens but whose
7residence is not in the United States.
AB40,550,118
(c) In addition to the remissions of nonresident tuition under this subsection,
9the board may, as athletic scholarships, grant full remission of fees and nonresident
10tuition, up to the maximum number allowed by the appropriate athletic conference
11as recommended by the chancellor.
AB40,550,1512
(d) The board shall remit nonresident tuition and fees, in whole or part, to
13resident and nonresident graduate students who are fellows or who are employed
14within the university as faculty, instructional staff, or assistants with an
15appointment equal to at least 33 percent of a full-time equivalent position.
AB40,550,16
16(3m) Fee remissions for survivors. (a) In this subsection:
AB40,550,1717
1. "Correctional officer" has the meaning given in s. 102.475 (8) (a).
AB40,550,1918
1g. "Emergency medical services technician" means an individual under s.
19256.01 (5) or (9).
AB40,550,2320
1m. "Fire fighter" means any person employed by this state or any political
21subdivision of this state as a member or officer of a fire department whose duties
22include fire fighting or fire fighting training or a member of a volunteer fire
23department whose duties include fire fighting or fire fighting training.
AB40,550,2524
2. "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and
25includes a person appointed as a conservation warden under s. 23.10.
AB40,551,3
1(b) The board shall grant full remission of fees to any resident undergraduate
2student who is enrolled in a bachelor's degree program and who is any of the
3following:
AB40,551,134
1. The child of an ambulance driver, correctional officer, fire fighter, emergency
5medical services technician, or law enforcement officer who was killed in the line of
6duty in this state or who qualified for a duty disability benefit, as defined in s. 40.65
7(4), under the Wisconsin Retirement System, the Employees' Retirement System of
8the city of Milwaukee, or the Milwaukee County Employee's Retirement System and
9died as a result of the qualifying disability. The student must be the child of an
10ambulance driver, correctional officer, fire fighter, emergency medical services
11technician, or law enforcement officer who was so killed or who died as a result of the
12qualifying disability when the child was under the age of 21 or before the child was
13born.
AB40,551,1914
2. The surviving spouse of an ambulance driver, correctional officer, fire fighter,
15emergency medical services technician, or law enforcement officer who was killed in
16the line of duty in this state or who qualified for a duty disability benefit, as defined
17in s. 40.65 (4), under the Wisconsin Retirement System, the Employees' Retirement
18System of the city of Milwaukee, or the Milwaukee County Employee's Retirement
19System and died as a result of the qualifying disability.
AB40,551,2420
(c) The fee remission under par. (b) shall remain in effect until completion of
21a sufficient number of credits to be awarded a bachelor's degree in the student's
22major field of study, except that a student must be in good academic standing to
23receive the remission for the next semester and may not receive a remission for more
24than 5 consecutive years.
AB40,552,3
1(3n) Fee remission for spouse, surviving spouse, and children of certain
2veterans. (a) In this subsection, "eligible veteran" means a person verified by the
3department of veterans affairs to be either of the following:
AB40,552,94
1. A person who has served on active duty under honorable conditions in the
5U.S. armed forces, in forces incorporated as part of the U.S. armed forces, in the
6national guard, or in a reserve component of the U.S. armed forces; who was a
7resident of this state at the time of entry into that service; and who, while a resident
8of this state, died on active duty, died as the result of a service-connected disability,
9or died in the line of duty while on active or inactive duty for training purposes.
AB40,552,1210
2. A person who was a resident of this state at the time of entry into service
11described in subd. 1. and who the U.S. department of veteran affairs has awarded
12at least a 30 percent service-connected disability rating under
38 USC 1114 or
1134.
AB40,552,1813
(b) Except as provided in subds. 1. to 3. and par. (bg), the board shall grant full
14remission of academic fees and segregated fees for 128 credits or 8 semesters,
15whichever is longer, less the number of credits or semesters for which the person
16received remission of fees under ss. 36.27 (3n) (b) and 38.24 (7), but not less the
17amount of any academic fees or segregated fees paid under
38 USC 3319, to any
18resident student who is also any of the following:
AB40,552,2119
1. A spouse of an eligible veteran. The remission under this subdivision applies
20only during the first 10 years after the eligible veteran received the
21service-connected disability rating.
AB40,552,2422
2. Except as provided in subd. 2m., an unremarried surviving spouse of an
23eligible veteran. The remission under this subdivision applies only during the first
2410 years after the veteran died.