Register June 2016 No. 726
Chapter UWS 4
PROCEDURES FOR DISMISSAL
UWS 4.01   Dismissal for cause.
UWS 4.015   Definitions.
UWS 4.02   Responsibility for charges.
UWS 4.03   Standing faculty committee.
UWS 4.04   Hearing.
UWS 4.05   Adequate due process.
UWS 4.06   Procedural guarantees.
UWS 4.07   Recommendations: to the chancellor: to the regents.
UWS 4.08   Board review.
UWS 4.09   Suspension from duties.
UWS 4.10   Date of dismissal.
UWS 4.01 UWS 4.01 Dismissal for cause.
UWS 4.01(1)(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.
UWS 4.01(2) (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 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.
UWS 4.015 UWS 4.015 Definitions. The following terms shall have the meaning given below:
UWS 4.015(1) (1) "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."
UWS 4.015(2) (2) "Complainant" means any individual who is reported to have been subjected to sexual harassment, sexual assault, dating violence, domestic violence, or stalking as defined in subs. (5), (6), (9), (10), and (11).
UWS 4.015(3) (3) "Complaint" means an allegation against a faculty member reported to an appropriate university official.
UWS 4.015(4) (4) "Consult" or "consulting" means thoroughly reviewing and discussing the relevant facts and discretionary issues.
UWS 4.015(5) (5) "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), Stats.
UWS 4.015(6) (6) "Domestic violence" means conduct defined as "domestic abuse" in ss. 813.12 (1) (am) and 968.075, Stats.
UWS 4.015(7) (7) "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."
UWS 4.015(8) (8) "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 4.015(9) (9) "Sexual harassment" means conduct defined in s. 111.32, Stats.
UWS 4.015(10) (10) "Sexual assault" means conduct defined in s. 940.225, Stats.
UWS 4.015(11) (11) "Stalking" means conduct defined in s. 940.32, Stats.
UWS 4.015 History History: CR 15-061: cr. Register June 2016 No. 726, eff. 7-1-16; correction in (2) and (8) under 35.17, Stats., Register June 2016 No. 726.
UWS 4.02 UWS 4.02 Responsibility for charges.
UWS 4.02(1) (1) W henever the chancellor of an institution within the University of Wisconsin system receives a complaint against a faculty member which he or she deems substantial and which, if true, might lead to dismissal under s. UWS 4.01, the chancellor, or designee, 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. For complaints of sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the chancellor, or designee, shall appoint the Title IX Coordinator, or designee, to initiate an investigation in accordance with applicable policies. The chancellor, or designee, shall also offer to discuss the matter informally with the complainant, and provide information regarding rights under this chapter. Both the faculty 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. 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 ss. UWS 4.02, 4.09, and 4.10 shall still apply.
UWS 4.02(2) (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.
UWS 4.02(3) (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 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 statement of charges includes sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law.
UWS 4.02 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; 2015 Wis. Act 330 ss. 6, 20: am. (1), (3) Register April 2016 No. 724, eff. 5-1-16; CR 15-061: am. (1), (3) Register June 2016 No. 726, eff. 7-1-16.
UWS 4.03 UWS 4.03 Standing faculty committee. 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 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 law and decision to the board according to s. UWS 4.07.
UWS 4.03 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617.
UWS 4.04 UWS 4.04 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 s. UWS 4.03.
UWS 4.04 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75.
UWS 4.05 UWS 4.05 Adequate due process.
UWS 4.05(1) (1) A fair hearing for a faculty member whose dismissal is sought under s. UWS 4.01 shall include the following:
UWS 4.05(1)(a) (a) Service of written notice of hearing on the specific charges at least 10 days prior to the hearing;
UWS 4.05(1)(b) (b) A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought;
UWS 4.05(1)(c) (c) A right to be heard in his/her defense;
UWS 4.05(1)(d) (d) A right to an advisor, counsel, or other representatives, and to offer witnesses;
UWS 4.05(1)(e) (e) A right to confront and cross-examine adverse witnesses. If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the hearing committee may reasonably restrict the faculty member or the complainant from questioning each other;
UWS 4.05(1)(f) (f) A verbatim record of all hearings, which might be a sound recording, provided at no cost;
UWS 4.05(1)(g) (g) Written findings of fact and decision based on the hearing record;
UWS 4.05(1)(h) (h) Admissibility of evidence governed by s. 227.45 (1) to (4), Stats.
UWS 4.05(2) (2) If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the complainant shall have all the rights provided to the faculty member in sub. (1) (a) to (h), except as may be precluded by applicable state or federal law.
UWS 4.05 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; CR 15-061: am. (1) (d), (e), cr. (2) Register June 2016 No. 726, eff. 7-1-16; correction in (2) under 35.17, Stats., Register June 2016 No. 726.
UWS 4.06 UWS 4.06 Procedural guarantees.
UWS 4.06(1) (1) Any hearing held shall comply with the requirements set forth in s. UWS 4.05. The following requirements shall also be observed:
UWS 4.06(1)(a) (a) The burden of proof of the existence of just cause is on the administration or its representatives;
UWS 4.06(1)(am) (am) For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the standard of proof shall be a preponderance of the evidence;
UWS 4.06(1)(b) (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;
UWS 4.06(1)(c) (c) The hearing shall be closed unless the faculty member under charges requests an open hearing, in which case it shall be open (see subch. V of ch. 19, Stats., Open Meeting Law);
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.