AB40: Bill Text

AB40,533,24 (b) Only one sabbatical leave may be granted for each 6 years of full-time instructional service in the university with preference given to those who have been making significant contributions to teaching and have not had a leave of absence except under s. 103.10, regardless of source of funding, in the previous 4 years.

AB40,534,4 (c) Sabbatical leave shall be granted for the purposes of enhancing teaching, course and curriculum development, or conducting research or any other scholarly activities related to instructional programs within the field of expertise of the faculty member taking such leave.

AB40,534,6 (d) Sabbatical leave shall be approved by appropriate faculty and administrative committees.

AB40,534,9 (e) A faculty member shall receive compensation while on sabbatical leave, but such compensation, when combined with outside compensation earned while on leave, shall not exceed the full compensation normally received from the university.

AB40,534,12 (f) The faculty member taking a sabbatical leave shall agree to return to the university for at least one year after the termination of the sabbatical or return any compensation received from the university during the sabbatical.

AB40,534,21 (21) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by the university, that constitutes a violation of ch. 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a university environment that is free from controlled substances, as defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

AB40,534,23 (22) Orientation program; information on sexual assault and sexual harassment. (a) The board shall do all of the following:

AB40,535,2 1. Incorporate in the orientation program for newly entering students oral and written or electronic information on sexual assault and sexual harassment, as defined in s. 111.32 (13), including information on sexual assault by acquaintances of the victims and on all of the following:

AB40,535,5 a. The legal definitions of, and penalties for, sexual assault under ss. 940.225, 948.02, and 948.025, sexual exploitation by a therapist under s. 940.22, and harassment under s. 947.013.

AB40,535,8 b. Generally available national and state statistics, and university statistics as compiled under par. (c) and as reported under par. (d), on sexual assaults and on sexual assaults by acquaintances of the victims.

AB40,535,11 c. The rights of victims under ch. 950 and the services available at the university and in the community to assist a student who is the victim of sexual assault or sexual harassment.

AB40,535,14 d. Protective behaviors, including methods of recognizing and avoiding sexual assault and sexual harassment and locations in the community where courses on protective behaviors are provided.

AB40,535,16 2. Annually supply to all students enrolled in the university printed or electronic material that includes all of the information under subd. 1.

AB40,535,20 (b) Annually, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall indicate the methods the university has used to comply with par. (a).

AB40,535,25 (c) Any person employed at the university who witnesses a sexual assault on campus or receives a report from a student enrolled in the university that the student has been sexually assaulted shall report to the dean of students. The dean of students shall compile reports for the purpose of disseminating statistical information under par. (a) 1. b.

AB40,536,5 (d) Annually, the university shall report to the office of justice assistance in the department of administration statistics on sexual assaults and on sexual assaults by acquaintances of the victims that occurred on campus in the previous year. The office of justice assistance shall include the statistics in appropriate crime reports published by the office.

AB40,536,11 (26) Building program planning and approval. The board shall establish a process for submission of building projects to the building commission for approval. No building project for the university may be submitted by the board to the building commission unless the project is developed and approved by the board in conformity with this subsection. This subsection does not apply to building projects of the University of Wisconsin Hospitals and Clinics Authority.

AB40,536,15 (27) Condition on financial assistance. The board may not provide any state financial assistance under this chapter to any person during the period that the person is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473 if the person has not so registered.

AB40,536,25 (47) Armed forces. If a student who is a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from school after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces for at least 30 days, the board shall reenroll the student beginning in the semester in which he or she is discharged, demobilized, or deactivated from active duty or the next succeeding semester, whichever the student prefers, shall give the student the same priority in registering for courses that the student would have had if he or she had registered for courses at the beginning of the registration period, and, at the student's request, do one of the following for all courses from which the student had to withdraw:

AB40,537,2 (a) Reimburse the student all tuition and fees paid for all the courses and a prorated portion of room and board payments.

AB40,537,5 (b) Grant the student an incomplete in all the courses and permit the student to complete the courses, within 6 months after leaving state service or active service, without paying additional tuition or fees.

AB40,537,7 (50) Reserve officer training corps. The board may not prohibit the reserve officer training corps from operating on its campus.

AB40,537,9 (51) Automobile allowance. The board may not use general purpose revenue, tuition, or academic fees for the chancellors' automobile allowance.

AB40,537,14 37.12 Student discrimination prohibited. (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in any service, program, course, or facility of, the university because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status, or parental status.

AB40,537,17 (2) (a) The board shall establish policies and procedures to protect students from discrimination under sub. (1). The policies and procedures shall do all of the following:

AB40,537,18 1. Provide criteria for determining whether sub. (1) has been violated.

AB40,537,19 2. Provide remedies and sanctions for violations of sub. (1).

AB40,537,21 3. Require a complainant to file a complaint with the university within 300 days of the alleged violation of sub. (1).

AB40,537,24 4. Provide periods within which the complainant and the university must act for each procedural step leading to the issuance of a final decision and for appeal of the final decision to the chancellor.

AB40,538,2 (b) The board shall establish policies and procedures for the appeal of the chancellor's decision to the board.

AB40,538,4 37.13 Faculty tenure and probationary appointments. (1) Definitions. In this section:

AB40,538,7 (a) "Probationary appointment" means an appointment by the board held by a faculty member during the period that may precede a decision on a tenure appointment.

AB40,538,9 (b) "Tenure appointment" means an appointment for an unlimited period granted to a faculty member by the board.

AB40,538,14 (2) Appointments. (a) Except as provided under par. (b), the board may grant a tenure appointment only upon the affirmative recommendation of the chancellor and the appropriate academic department or its functional equivalent. Neither the chancellor nor the academic department or its functional equivalent may base a tenure recommendation upon impermissible factors, as defined by the board by rule.

AB40,538,17 (b) The board may grant a tenure appointment without the affirmative recommendation of the appropriate academic department or its functional equivalent if all of the following apply:

AB40,538,18 1. The board has the affirmative recommendation of the chancellor.

AB40,538,22 2. A faculty committee authorized by the board by rule to review the negative recommendation of the academic department or its functional equivalent finds that the decision of the academic department or its functional equivalent was based upon impermissible factors, as defined by the board by rule.

AB40,539,7 3. The board has the affirmative recommendation of a committee appointed according to the policies and procedures of the university to review the individual's record with reference to criteria for tenure published by the university under procedures established by the board by rule. No person may be appointed to the committee under this subdivision unless the person is knowledgeable or experienced in the individual's academic field or in a substantially similar academic field. No member of the committee appointed under this subdivision may be a member of the academic department, or its functional equivalent, that made the negative recommendation. The committee appointed under this subdivision may not base its tenure recommendation upon impermissible factors, as defined by the board by rule.

AB40,539,11 (c) A tenure appointment may be granted to any faculty member who holds or will hold a half-time appointment or more. The proportion of time provided for in the appointment may not be diminished nor increased without the mutual consent of the faculty member and the university subject only to sub. (5) and s. 37.21.

AB40,539,17 (d) A probationary appointment shall not exceed 7 consecutive academic years in a full-time position. A leave of absence, sabbatical or a teacher improvement assignment does not constitute a break in continuous service and shall not be included in the 7-year period. The board may adopt rules specifying additional circumstances that do not constitute a break in continuous service and that shall not be included in the 7-year period.

AB40,539,20 (3) Rules. The board and the faculty shall adopt rules for tenure and probationary appointments, for the review of faculty performance and for the nonretention and dismissal of faculty members.

AB40,540,2 (4) Continuation of appointment. (a) Any person who holds a tenure appointment under ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on July 9, 1974, shall continue to hold tenure as defined under those chapters and related rules. Any person who holds a tenure appointment under sub. (2) (a) or (b) and related rules on the effective date of this paragraph .... [LRB inserts date], shall continue to hold tenure under that subsection and related rules.

AB40,540,6 (b) Any person who holds a probationary appointment under sub. (2) (d) and related rules on the effective date of this paragraph .... [LRB inserts date], shall continue to enjoy the contractual rights and guarantees as defined under that paragraph and related rules.

AB40,540,12 (5) Procedural guarantees. Any person having tenure may be dismissed only for just cause and only after due notice and hearing. Any person having a probationary appointment may be dismissed prior to the end of the person's contract term only for just cause and only after due notice and hearing. The action and decision of the board in such matters shall be final. The board and the faculty shall develop procedures for the notice and hearing that shall be adopted by rule.

AB40,540,14 37.14 Wisconsin distinguished professorships. (1) The board may establish distinguished professorships under this section.

AB40,540,18 (2) The board may pay under this section the salary and fringe benefit costs of the professor holding the distinguished professorship and of any graduate assistant assigned to the professor, and the equipment, supplies, and travel costs of the professor and the graduate assistants assigned to the professor.

AB40,540,23 37.15 Academic staff appointments. A person having an academic staff appointment for a term may be dismissed prior to the end of the appointment term only for just cause and only after due notice and hearing. A person having an academic staff appointment for an indefinite term who has attained permanent status may be dismissed only for just cause and only after due notice and hearing.

AB40,541,2 37.17 Executive appointments. An appointment to an executive position, as determined by the board, shall be at the pleasure of the board. A person holding a tenured or academic staff appointment under s. 37.13 or 37.15 does not lose that appointment by accepting an executive appointment.

AB40,541,6 37.19 Other appointments. (1) The board may make or authorize appointments for former classified service employees, student assistants, and employees in training, such as residents, interns, post-doctoral fellows, or trainees or associates.

AB40,541,10 (2) (a) Beginning July 1, 2012, all board employees in the classified service who have been achieved permanent status in class, and who became board employees before July 1, 2012, may be dismissed only for just cause and only after due notice and hearing.

AB40,541,16 (b) Except for appointments under par. (a), ss. 37.13, 37.15, and 37.17, and except for limited-term employees, project employees, student assistants, employees in training such as residents, interns, post-doctoral fellows, or trainees or associates, all appointments made on or after July 1, 2012, have the procedural guarantees included in the personnel system implemented by the board under s. 37.11 (1g).

AB40,541,23 37.21 Lapse of appointments. Notwithstanding ss. 37.13 (4) and (5), 37.15, and 37.19 (2), the board may, with appropriate notice, terminate any appointment when a financial emergency exists. No person may be employed at the university within 2 years to perform reasonably comparable duties to those of the person whose appointment was terminated without first offering such person a reappointment. The board, after consultation with the faculty and chancellor, shall adopt procedures to be followed in the event of termination under this section.

AB40,542,3 37.23 Conflict of interest. No member of the board, or other person appointed or employed in any position in the university, may at any time act as an agent for any person or organization if the act would create a conflict of interest with the terms of the person's service in the university. The board shall define conflicts of interest and adopt policies related thereto.

AB40,542,11 37.25 Special programs. (2) Wisconsin residents preference in housing. Preference as to rooming, boarding, and apartment facilities in the use of living units operated by the university shall, for the following school year, be given to students who are residents of this state and who apply before March 15, unless a later date is set by the board. Such preference shall be granted in accordance with categories of priority established by the board. Leases or other agreements for occupancy of such living units shall not exceed a term of one calendar year. The board may establish requirements for the execution of this subsection.

AB40,542,13 (3m) Solid waste experiment centers. (a) In this subsection, "solid waste disposal" has the meaning given in s. 289.01 (34).

AB40,542,21 (b) The board may establish one or more solid waste experiment centers for the purpose of developing, demonstrating, promoting, and assessing the costs and environmental effects of alternatives to solid waste disposal. The board shall determine the location of the solid waste experiment centers. In making the determination, the board shall consider the solid waste disposal needs of the various regions of the state. The board may establish, through cooperative agreements, solid waste experiment centers at existing publicly owned or privately owned storage, treatment, or disposal facilities.

AB40,543,7 (c) The board shall conduct research into alternatives to solid waste disposal, including the reuse and recycling of materials, composting, source separation, and the disposal of household hazardous wastes. The board shall also conduct research into the safe disposal of solid waste that cannot be composted or recycled. Research conducted under this paragraph shall include technologies suitable for application to waste streams of less than 50 tons of solid waste per day and shall consider the environmental effects of the technologies being researched and measures that could be taken to mitigate such effects. Research conducted under this paragraph shall be designed for the benefit of all public and private entities responsible for the collection, storage, transportation, treatment, or disposal of solid waste and all persons who generate solid waste.

AB40,543,13 (5) State educational radio and television networks. (a) Except as provided in par. (b), the board may grant the educational communications board the part-time use of equipment and space necessary for the operations of the state educational radio and television networks pursuant to the affiliation agreement between the educational communications board and the Board of Regents required under s. 36.25 (5).

AB40,543,17 (9) Clearing cutover lands. The board through the College of Agricultural and Life Sciences may cause an investigation to be made of methods of clearing cutover lands, perform experiments and demonstrations in conjunction therewith, and provide related services to individual citizens at cost.

AB40,544,2 (14) Graduate student financial aid. The board shall establish a grant program for minority and disadvantaged graduate students enrolled in the university. The grants shall be awarded from the appropriation under s. 20.280 (1) (a). The board shall give preference in awarding grants under this subsection to residents of this state. The board may not make a grant under this subsection to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB40,544,6 (14m) Minority and disadvantaged programs. (a) The board shall allocate funds under s. 20.280 (4) (a) to fund programs for recruiting minority and disadvantaged students and to fund programs for minority and disadvantaged students enrolled in the university.

AB40,544,8 (b) Annually by April 15, the board shall adopt a precollege, recruitment and retention plan for minority and disadvantaged students enrolled in the university.

AB40,544,11 (c) Annually by April 15, the board shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall include all of the following:

AB40,544,12 1. The plan adopted under par. (b).

AB40,544,16 2. All financial aid distributed to students, categorized by ethnic group, class level, and dependency status. The report shall include information on financial need, percentage of need satisfied by loan, percentage of need satisfied by grant, and the percentage remaining unsatisfied.

AB40,544,18 (15) Military instruction. The board may provide courses in military science and tactics.

AB40,544,20 (27) Integrated agriculture program. The board shall establish an integrated agriculture program.

AB40,544,24 (28) Schools of business. The board shall use the funds appropriated under s. 20.280 (1) (a) to support improvements in master's level business programs. The board may spend funds in that appropriation for this purpose only if it receives matching funds for the same purpose from private contributions.

AB40,545,2 (46) Meningococcal disease and hepatitis B. (a) The board shall do all of the following:

AB40,545,6 1. Annually, provide detailed information on the risks associated with meningococcal disease and hepatitis B and the availability and effectiveness of vaccines against the diseases to each enrolled student, if he or she is at least 18 years old, or to the student's parent or guardian, if the student is a minor.

AB40,545,9 2. Require a student who resides in a dormitory or residence hall, or the student's parent or guardian if the student is a minor, to affirm that the student received the information under subd. 1.

AB40,545,12 3. Require a student who resides in a dormitory or residence hall to affirm whether he or she has received the vaccination against meningococcal disease and to provide the date of the vaccination, if any.

AB40,545,15 4. Require a student who resides in a dormitory or residence hall to affirm whether he or she has received the vaccination against hepatitis B and to provide the date of the vaccination, if any.

AB40,545,17 5. Maintain a confidential record of the affirmations and the dates of the vaccinations of each student under subds. 3. and 4.

AB40,545,19 (b) Nothing in this subsection requires the board to provide or pay for vaccinations against meningococcal disease or hepatitis B.

AB40,546,2 37.27 Tuition and fees. (1) Board to establish. (a) Subject to par. (b), the board may establish for different classes of students differing tuition and fees incidental to enrollment in educational programs or use of facilities in the university. Except as otherwise provided in this section, the board may charge any student who is not exempted by this section a nonresident tuition. The board may establish special rates of tuition and fees for summer sessions and such other studies or courses of instruction as the board deems advisable.

AB40,546,6 (b) The board shall permit a person who is 60 years of age or older to audit a course without paying an auditor's fee if the person is a resident of this state, as determined under sub. (2) (e), space is available in the course, and the instructor approves.

AB40,546,9 (2) Nonresident tuition exceptions. (a) Students qualifying under any of the following categories, while they continue to be residents of this state, are entitled to exemption from nonresident tuition but not from incidental or other fees:

AB40,546,12 1. Any adult student who has been a bona fide resident of the state for 12 months next preceding the beginning of any semester or session for which such student registers at the university.

AB40,546,15 2. Any minor student, if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at the university.

AB40,546,19 3. Any adult student who is a dependent of his or her parents under 26 USC 152 (a), if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at the university.

AB40,546,22 4. Any minor student who has resided substantially in this state during the years of minority and at least 12 months next preceding the beginning of any semester or session for which such student registers at the university.

AB40,547,2 5. Any minor student under guardianship in this state whose legal guardian has been a bona fide resident of this state for at least 12 months next preceding the beginning of any semester or session for which such student registers at the university.

AB40,547,10 6. Any adult student who has been employed as a migrant worker for at least 2 months each year for 3 of the 5 years next preceding the beginning of any semester or session for which the student registers at the university, or for at least 3 months each year for 2 of the 5 years next preceding the beginning of any semester or session for which the student registers at the university, any adult student whose parent or legal guardian has been so employed while the student was a minor and any minor student whose parent or legal guardian has been so employed. In this subdivision, "migrant worker" has the meaning specified in s. 103.90 (5).

AB40,547,15 (am) Any person who is a refugee, as defined under 8 USC 1101 (a) (42), who moved to this state immediately upon arrival in the United States and who has resided in this state continuously since then is entitled to the exemption under par. (a) if he or she demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under par. (e).

AB40,547,19 (b) 1. Nonresident members of the armed forces and persons engaged in alternative service who are stationed in this state on active duty and their spouses and children are entitled to the exemption under par. (a) during the period that such persons are stationed in this state.

AB40,547,22 2. Members of the armed forces who reside in this state and are stationed at a federal military installation located within 90 miles of the borders of this state, and their spouses and children, are entitled to the exemption under par. (a).