Register September 2016 No. 729
Chapter UWS 11
DISMISSAL OF ACADEMIC STAFF FOR CAUSE
Dismissal for cause-indefinite academic staff appointments.
Responsibility for charges.
Adequate due process.
Recommendations: to the chancellor.
Suspension from duties.
Date of dismissal.
Dismissal for cause in special cases - indefinite academic staff appointments.
Serious criminal misconduct.
Temporary suspension from duties without pay.
Dismissal for cause-fixed term or probationary academic staff appointments.
Dismissal for cause-teaching members of the academic staff.
UWS 11.01 Dismissal for cause-indefinite academic staff appointments. UWS 11.01(1)
A member of the academic staff holding an indefinite appointment may be dismissed only for just cause under ss. UWS 11.02
or for reasons of budget or program under ch. UWS 12
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.
Just cause for dismissal includes, but is not limited to, serious criminal misconduct, as defined in s. UWS 11.102
UWS 11.01 History
Cr. Register, October, 1975, No. 236
, eff. 11-1-75; CR 06-078
: am. (1), cr. (3) Register May 2007, No. 617
, eff. 6-1-07.
UWS 11.015 Definition.
The following terms shall have the meaning given below:
"Clear and convincing evidence" means information that would persuade a reasonable person to have a firm belief that a proposition is more likely true than not true. It is a higher standard of proof than "preponderance of the evidence."
"Complainant" means any individual who is reported to have been subject to sexual harassment, sexual assault, dating violence, domestic violence, or stalking, as defined in subs. (5)
, and (11)
"Complaint" means an allegation against an academic staff member reported to an appropriate university official.
"Consult" or "consulting" means thoroughly reviewing and discussing the relevant facts and discretionary issues.
"Dating violence" means violence committed by an employee against another person with whom they are in a "dating relationship" as defined in s. 813.12 (1) (ag)
"Preponderance of the evidence" means information that would persuade a reasonable person that a proposition is more probably true than not. It is a lower standard of proof than "clear and convincing evidence."
"Reporting Party" means one or more individuals or groups filing a complaint as defined in sub. (3)
. A reporting party may also be a complainant as defined in sub. (2)
UWS 11.015 History
History: CR 06-078
: cr. Register May 2007, No. 617
, eff. 6-1-07; CR 15-059
: r. and recr. Register June 2016 No. 726
, eff. 7-1-16; correction in (2), (8) made under 35.17, Stats., Register June 2016 No. 726
UWS 11.02 Responsibility for charges. UWS 11.02(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 s. UWS 11.01
, the chancellor shall request within a reasonable time that the appropriate dean, director, or designee investigate the allegation. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the chancellor shall direct the Title IX Coordinator, or designee, to initiate an investigation in accordance with applicable policies. The dean, director, or designee shall
offer to discuss it informally with the academic staff member, and, if the allegation involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, with the complainant
and provide information of rights under this chapter. Both the academic staff member and the complainant shall have the right to be accompanied by an advisor of their choice at any meeting or proceeding that is part of the institutional disciplinary process.
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, director, or designee 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 ss. UWS 11.02
, 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.
Any formal statement of specific charges shall be served personally, by electronic means, 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 s. 801.11 (1) (c)
, Stats., 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. If the formal statement of specific charges involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the formal statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law.
UWS 11.02 History
Cr. Register, October, 1975, No. 238
, eff. 11-1-75; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474
; 2015 Wis. Act 330
: am. (2) Register April 2016 No. 724
, eff. 5-1-16; CR 15-059
: am. (1), (2) Register June 2016 No. 726
, eff. 7-1-16; merger of (2) treatments by 2015 Wis. Act 335 and CR 15-059 under s. 13.92 (4) (bm), Stats., Register September 2016 No. 729.
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 s. 227.46 (4)
, 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 s. UWS 11.07
With the concurrence of the faculty and the 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 s. UWS 4.03
. If so provided, the hearing shall be held pursuant to the provisions of ch. UWS 11
UWS 11.03 History
Cr. Register, October, 1975, No. 238
, eff. 11-1-75; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474
; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617
UWS 11.04 Hearing.
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 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 request for a hearing shall be addressed in writing to the hearing body established pursuant to s. UWS 11.03
. Service of written notice of hearing on the specific charges shall be provided at least 10 days prior to the hearing.
UWS 11.04 History
Cr. Register, October, 1975, No. 238
, eff. 11-1-75.
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 s. UWS 11.01
shall include the following:
A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought;
A right to
counsel, or other representative, and to offer witnesses;
A right to confront and cross-examine adverse witnesses. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the hearing committee may reasonably restrict the academic staff member and the complainant from questioning each other
A verbatim record of all hearings, which might be a sound recording, provided at no cost;
Written findings of fact and decision based on the hearing record;