36.11(8)(b)
(b) The board shall establish fines for the violation of any rule made under
par. (a). The institutions are authorized to collect such fines together with moneys collected from the sale of parking permits and other fees established under
par. (a) and such moneys shall be paid into the state treasury and credited to
s. 20.285 (1) (h), to be used only for the purpose of developing and operating parking or other transportation facilities at the institution at which collected and for enforcing parking rules under
par. (a).
36.11(8e)
(8e) Parking fees. The board shall direct each institution and center within the system to charge a parking fee for the parking of motor vehicles by students, faculty, academic and classified staff and visitors at campus. The board shall require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require the recovery of the costs of land for parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee. Center campus facilities owned by a county are not required to charge a parking fee.
36.11(8m)
(8m) Transportation planning. The board shall direct the administrative officers of each campus to work with the regional planning commissions and the local authorities of the community in which the campus is located to evaluate the transportation needs of the campus population. The board shall require each campus to develop a transportation plan for the campus to effect energy resource conservation and efficient use of transportation resources. The plan shall include pedestrian walkways, bikeways, bike routes, bicycle storage racks, car and van pools and, to the extent feasible, improved mass transit services. The transportation plans shall detail parking management strategies which provide incentives for the use of mass transit and high occupancy vehicles.
36.11(9)
(9) Condemnation. The board may acquire by condemnation proceedings under
ch. 32 such parcels of land as it deems necessary for the use of any institution whenever the board is unable to agree with the owner upon the compensation therefor, or whenever the absence or legal incapacity of such owner, or other cause, prevents or unreasonably delays, such agreement.
36.11(10)
(10) University fund. The board may expend such portion of the income of the university fund on or at the University of Wisconsin-Madison as is appropriated by the legislature for the erection of buildings and the purchase of equipment or books.
36.11(11)
(11) Surplus money. The board may invest any of the surplus money designated in
s. 20.285 (1) (h) in such securities as are legal for trust fund investments; or invest such funds or any part thereof, in the senior or junior bonds or obligations which may be issued by such nonprofit-sharing corporation as may be contracted with by the board for the construction or equipment of dormitories, commons or field houses, which bonds or obligations shall be secured by a mortgage or pledge of the buildings or improvements erected or to be erected by such corporations and by a mortgage or pledge of its leasehold interest. Any interest on any of such bonds or securities shall when received be added to the revolving funds and may be used for the purposes set forth in this subsection.
36.11(12)(a)(a) The board may participate in the formation and maintenance of a nonprofit-sharing corporation sponsored by participating colleges, universities and libraries for the purpose of providing and operating a central library depository at a location in a midwestern state for the storage of little used books and other library and research materials of participating institutions, and which corporation may also perform other functions for the benefit of participating institutions such as, without limitation because of enumeration, the correlating of library catalogs of the participating institutions, the coordinating and planning of the purchasing by each institution of costly or infrequently used books and research materials in order to avoid unnecessary duplication and facilitating the loaning of library books and other library and research materials between participating institutions. The board shall possess all powers necessary or convenient to accomplish the foregoing, including the authority to designate representatives or members of such corporation in accordance with its articles and bylaws.
36.11(12)(b)
(b) The board may make use of and pay for the use of the facilities and services of such nonprofit-sharing corporation, but the board shall retain title to all books and materials deposited with such corporation for storage or loaned to other participating institutions and the authority of the board to expend funds for the purchase of land, the construction of buildings and additions to buildings and the purchase of equipment for the purpose of providing such facilities shall be limited to funds appropriated under
s. 20.285. Except as hereinbefore provided, the appropriations to the board are to be available for the purposes of this subsection to the extent that such appropriation may be applicable and without reference to whether any particular appropriation is available for expenditure at any institution.
36.11(13)
(13) Auxiliary reserves. Auxiliary enterprise reserve funds established prior to merger of this state's public institutions of higher education for the benefit or support of an institution or group of institutions shall not be utilized for any other purpose.
36.11(15)
(15) Tax deferred annuities. The board may continue all salary reduction agreements with its employes pursuant to section
403 (b) of the internal revenue code. The board may enter into new salary reduction agreements with its employes pursuant to section
403 (b) of the internal revenue code or other applicable federal law and may purchase annuities for its employes pursuant to these agreements from such annuity providers, both public and private, as the board deems appropriate.
36.11(15m)
(15m) Football coaches pension plan. The board may deduct contributions from the salaries of football coaches employed in the system who are eligible and wish to participate in the qualified pension plan for football coaches established as the American football coaches retirement trust, and remit the deductions to the administrator of that plan, if the American football coaches retirement trust or the administrator or agent of the plan indemnifies the board and its employes against, and holds the board and its employes harmless from, all claims and demands associated with the plan.
36.11(16)
(16) Commencement of fall semester. The board shall ensure that no fall semester classes at any center or institution within the system, except medical school classes and 4th year classes at the school of veterinary medicine, commence until after September 1.
36.11(17)
(17) Sabbatical leave for instructional faculty. The board may grant sabbatical leave of up to one year to instructional faculty, in order to recognize and enhance teaching efforts and excellence, under rules and procedures adopted by the board, subject to the following conditions:
36.11(17)(a)
(a) Sabbatical leave may be granted only to those faculty members who have completed 6 or more years, or the equivalent, of full-time instructional service in the system.
36.11(17)(b)
(b) Only one sabbatical leave may be granted for each 6 years of full-time instructional service in the system 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.
36.11(17)(c)
(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.
36.11(17)(d)
(d) Sabbatical leave shall be approved by appropriate faculty and administrative committees.
36.11(17)(e)
(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 system.
36.11(17)(f)
(f) The faculty member taking a sabbatical leave shall agree to return to the institution from which leave was granted for at least one year after the termination of the sabbatical or return any compensation received from the system during the sabbatical.
36.11(17)(g)
(g) Funding for the sabbatical leave program shall be provided from the existing general operations appropriation for the system.
36.11(18)
(18) Midwest technology development institute. The board may maintain membership of this state in the midwest technology development institute.
36.11(21)
(21) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by a center or institution or by the system, 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 system 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).
36.11(22)
(22) Orientation program; information on sexual assault and sexual harassment. 36.11(22)(a)(a) The board shall direct each institution and center to:
36.11(22)(a)1.
1. Incorporate in its orientation program for newly entering students oral and written 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:
36.11(22)(a)1.b.
b. Generally available national and state statistics, and campus statistics as compiled under
par. (c) and as reported under
par. (d), on sexual assaults and on sexual assaults by acquaintances of the victims.
36.11(22)(a)1.c.
c. The rights of victims under
ch. 950 and the services available at the institution or center and in the community to assist a student who is the victim of sexual assault or sexual harassment.
36.11(22)(a)1.d.
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.
36.11(22)(a)2.
2. Annually supply to all students enrolled in the institution or center printed material that includes all of the information under
par. (a).
36.11(22)(b)
(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 each institution and center have used to comply with
par. (a).
36.11(22)(c)
(c) Any person employed at an institution or center who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution or center that the student has been sexually assaulted shall report to the dean of students of the institution or to the dean of the center. The dean of students or dean shall compile reports for the purpose of disseminating statistical information under
par. (a) 1. b.
36.11(22)(d)
(d) Annually, each institution and center 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 the campus of the institution or center in the previous year. The office of justice assistance shall include the statistics in appropriate crime reports published by the office.
36.11(23)
(23) Board staff. The board shall provide office space, furnishings and supplies for the staff provided by the department of administration under
s. 16.57.
36.11(23m)
(23m) Compliance with environmental laws. The board shall designate 2 positions, funded from the appropriation under
s. 20.285 (3) (a), to coordinate system compliance with state and federal laws relating to the environment.
36.11(24)
(24) State documents. The board shall assure that each campus identifies and collects significant state documents, as defined in
s. 35.81 (3), relating to administration and academic programs of that campus. The board shall provide for the identification and collection of significant state documents, as defined in
s. 35.81 (3), published by the board or the system administration.
36.11(25)
(25) Training of health professionals. The board shall promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
36.11(26)
(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 system 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.
36.11(28)
(28) Lease agreement with the University of Wisconsin Hospitals and Clinics Authority. Subject to
1995 Wisconsin Act 27, section 9159 (2) (k), the board shall negotiate and enter into a lease agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under
s. 233.04 (7) and shall comply with
s. 233.04 (7g).
36.11(28m)
(28m) Affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority. Subject to
1995 Wisconsin Act 27, section 9159 (2) (k), the board shall negotiate and enter into an affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under
s. 233.04 (7m) and shall comply with
s. 233.04 (7p).
36.11(29)
(29) Other agreements with the University of Wisconsin Hospitals and Clinics Authority. The board may enter into joint purchasing contracts and other contracts, rental agreements and cooperative agreements and other necessary arrangements with the University of Wisconsin Hospitals and Clinics Authority which may be necessary and convenient for the missions, objects and uses of the University of Wisconsin Hospitals and Clinics Authority authorized by law. Purchasing contracts and agreements are subject to
s. 16.73 (5).
36.11(29m)
(29m) Report on expenditures. Beginning in the 1996-97 fiscal year, annually the board shall report to the department of administration and the joint committee on finance the amount of expenditures from the appropriations under
s. 20.285 (1) (h) and
(iz) and
(3) (iz) in the previous fiscal year that were in excess of the dollar amounts shown in the appropriation schedule under
s. 20.005 (3) for those appropriations in the previous fiscal year.
36.11(30)
(30) Information technology reports. The board shall prepare and submit reports to the joint committee on information policy upon request of the committee under
s. 13.58 (5) (b) 3.
36.11(32)
(32) Computer services data collection. The board shall collect and maintain data necessary to calculate numerical measures of the efficiency and effectiveness of the mainframe computer services provided by the board at the University of Wisconsin-Madison.
36.11 History
History: 1973 c. 335;
1975 c. 39,
41,
224,
400;
1977 c. 29,
418;
1979 c. 32 s.
92 (8);
1979 c. 221;
1981 c. 20;
1983 a. 27,
366;
1983 a. 435 s.
7;
1983 a. 484;
1985 a. 62,
120;
1985 a. 332 ss.
47,
49,
50;
1985 a. 332 s.
251 (1);
1987 a. 27,
287;
1989 a. 31,
56,
121,
177,
359;
1991 a. 39,
203,
250,
269,
285,
315;
1993 a. 16,
213,
227,
399;
1995 a. 27 ss.
1757 to
1762y,
9130 (4);
1995 a. 201,
404,
448.
36.11 Annotation
Board of regents has power to make reasonable rules governing student use of automobiles on university property and can enforce them by imposing reasonable monetary penalties and withholding records. Student court can be designated by board of regents as an auxiliary enterprise. Moneys thereby collected must be paid into general fund. By regent action, they may be appropriated therefrom for operation of that activity. 59 Atty. Gen. 82.
36.11 Annotation
The collective bargaining agreement between the University of Wisconsin and the teaching assistants association is valid. 59 Atty. Gen. 200.
36.11 Annotation
A valid collective bargaining contract between the board of regents and union representing unclassified employes may not be impaired, during its term, by the current or a future board of regents or the legislature. 60 Atty. Gen. 64.
36.11 Annotation
Legality of having students and faculty voting participation on board of regents discussed. 60 Atty. Gen. 395.
36.11 Annotation
The University of Wisconsin system may sell a dormitory which no longer is needed for educational purposes upon such terms as are agreeable to the Wisconsin state agencies building corporation and H.U.D. to guarantee the payment of the bonds issued for the initial construction of the building. 63 Atty. Gen. 252.
36.11 Annotation
Campus police have jurisdiction under (2) to arrest only on campus unless deputized by a sheriff. Local ordinances are not applicable on campus. 68 Atty. Gen. 67.
36.12
36.12
Student discrimination prohibited. 36.12(1)
(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 system or its institutions or centers because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.
36.12(2)(a)(a) The board shall direct each institution and center to establish policies and procedures to protect students from discrimination under
sub. (1). The policies and procedures shall do all of the following:
36.12(2)(a)1.
1. Provide criteria for determining whether
sub. (1) has been violated.
36.12(2)(a)3.
3. Require a complainant to file a complaint with the institution or center within 300 days of the alleged violation of
sub. (1).
36.12(2)(a)4.
4. Provide periods within which the complainant and the institution or center must act for each procedural step leading to the issuance of a final decision and for appeal of the final decision to the chancellor of the institution or dean of the center.
36.12(2)(b)
(b) The board shall establish policies and procedures for the appeal of the chancellor's or dean's decision to the board.
36.12(3)
(3) By September 1, 1991, 1992, 1993, and 1994, 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 specify all of the following for the previous academic year:
36.12(3)(a)
(a) The number of complaints received at each institution and center alleging a violation of
sub. (1) and the disposition of each such complaint.
36.12(3)(b)
(b) The number of requests for review received by the board and the disposition of each such request.
36.12 History
History: 1989 a. 186.
36.13
36.13
Faculty tenure and probationary appointments. 36.13(1)(1)
Definitions. In this section:
36.13(1)(a)
(a) "Probationary appointment" means an appointment by the board held by a faculty member during the period which may precede a decision on a tenure appointment.
36.13(1)(b)
(b) "Tenure appointment" means an appointment for an unlimited period granted to a ranked faculty member by the board.
36.13(2)(a)(a) Except as provided under
par. (b), the board may grant a tenure appointment only upon the affirmative recommendation of the appropriate 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.
36.13(2)(b)
(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:
36.13(2)(b)1.
1. The board has the affirmative recommendation of the appropriate chancellor.
36.13(2)(b)2.
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.
36.13(2)(b)3.
3. The board has the affirmative recommendation of a committee appointed according to the policies and procedures of the appropriate institution to review the individual's record with reference to criteria for tenure published by the institution 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.
36.13(2)(c)
(c) A tenure appointment may be granted to any ranked 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 institution subject only to
sub. (5) and
s. 36.21.
36.13(2)(d)
(d) A probationary appointment shall not exceed 7 consecutive academic years in a full-time position in an institution. 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 promulgate rules specifying additional circumstances that do not constitute a break in continuous service and that shall not be included in the 7-year period.
36.13(3)
(3) Rules. The board and its several faculties after consultation with appropriate students shall promulgate rules for tenure and probationary appointments, for the review of faculty performance and for the nonretention and dismissal of faculty members. Such rules shall be promulgated under
ch. 227.
36.13(4)
(4) Continuation of appointment. 36.13(4)(a)(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.
36.13(4)(b)
(b) Any person who holds the equivalent of a probationary appointment under ch.
36, 1971 stats., and ch.
37, 1971 stats., and related rules on July 9, 1974 shall continue to enjoy the contractual rights and guarantees as defined under those chapters and related rules, and may elect to be considered for tenure according to the procedures existing under that appointment or under
sub. (2).
36.13(4)(c)
(c) Any person who is not a ranked faculty member on August 15, 1991, and who is also described under
subd. 1. or
2. shall be treated as a faculty member with the rank of associate professor for all purposes:
36.13(4)(c)1.
1. Any person who held an unranked faculty tenure appointment or unranked faculty concurrent tenure appointment under ch.
37, 1971 stats., prior to July 10, 1974.
36.13(4)(c)2.
2. Any person who held an unranked probationary appointment under ch.
37, 1971 stats., prior to July 10, 1974, and who subsequently received an unranked faculty tenure appointment or unranked faculty concurrent tenure appointment.
36.13(5)
(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, subject to judicial review under
ch. 227. The board and its several faculties shall develop procedures for the notice and hearing which shall be promulgated by rule under
ch. 227.
36.13(6)
(6) Limitation. Tenure and probationary appointments are in a particular institution. A tenure appointment is limited to the institution in which the appointment is held.
36.13 Annotation
See note to Art. I, sec. 1, citing Patterson v. University Board of Regents, 119 W (2d) 570, 350 NW (2d) 612 (1984).
36.13 Annotation
Board did not have authority to grant tenure without affirmative recommendation of academic department under (1) (b). Trojan v. Univ. Wis. Regents Bd. 128 W (2d) 270, 382 NW (2d) 75 (Ct. App. 1985).
