36.09(1)(gm)2.
2. For the purposes of this paragraph, a new college or school shall be deemed to have been created if an administrative position of dean or its functional equivalent is established and if a new instructional program, separate and distinct from the programs currently available at that institution, is established.
36.09(1)(gm)3.
3. This paragraph does not apply to the redesignation or reorganization of existing colleges or schools if accomplished through the reclassification of existing positions or the restructuring of existing organizational entities.
36.09(1)(h)
(h) The board shall allocate funds and adopt budgets for the respective institutions giving consideration to the principles of comparable budgetary support for similar programs and equitable compensation for faculty and academic staff with comparable training, experience and responsibilities and recognizing competitive ability to recruit and retain qualified faculty and academic staff. If the board ceases or suspends operation of any institution or college campus, the appropriations to the board for operation of the institution or college campus may be utilized by the board for any other purpose authorized by the appropriations within the period for which the appropriations are made.
36.09(1)(hm)
(hm) The board shall develop policies for the purpose of specifically identifying the general purpose revenue and nongeneral purpose revenue funding sources used for noninstructional student activities and for the purpose of governing the allocation of funds to those noninstructional student activities supported by both general purpose and nongeneral purpose revenue.
36.09(1)(i)
(i) Upon recommendation of the president and the administrator of the division of merit recruitment and selection in the department of employment relations, the board and the secretary of employment relations shall jointly adopt general policies governing the designation of positions to be exempt from the classified service as academic staff as defined in
s. 36.15 (1) (a) and
(b). No position in the classified service may be designated as an academic staff position under the general policies unless the secretary of employment relations approves the designation.
36.09(1)(j)
(j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under
s. 111.91, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and
s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employes specified in
ss. 20.923 (5) and
(6) (m) and
230.08 (2) (d) under this paragraph unless the salary increase conforms to the proposal as approved under
s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under
par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The board may not increase the salary of any position identified in
s. 20.923 (4m) under this paragraph unless the salary increase conforms to the compensation plan for executive salary group positions as approved under
s. 230.12 (3) (b) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in
s. 20.923 (4g) under this paragraph unless the salary increase conforms to the proposal as approved under
s. 230.12 (3) (e) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in
s. 20.923 (4g) to correct a salary inequity that results from the appointment of a person to a position identified in
s. 20.923 (4g) unless the increase is approved by the department of employment relations. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under
s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the departments of administration and employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.
36.09(1)(k)1.1. The board shall, with respect to academic staff, correct pay inequities based on gender or race.
36.09(1)(k)2.a.
a. Establish and maintain job categories in which to place academic staff positions. The job categories shall be described in sufficient detail to enable the board to comply with
subd. 1.
36.09(1)(k)2.b.
b. Establish and maintain pay ranges, each of which has a minimum and a maximum rate of pay and assign the job categories established under
subd. 2. a. to those pay ranges. This
subd. 2. b. does not apply to appointments under
s. 36.13 (4).
36.09(1)(L)
(L) The board shall possess all powers necessary or convenient for the operation of the system except as limited in this chapter.
36.09(2)
(2) The president. The president shall be president of all the faculties and shall be vested with the responsibility of administering the system under board policies and shall direct a central administration which shall assist the board and the president in establishing system-wide policies in monitoring, reviewing and evaluating these policies, in coordinating program development and operation among institutions, in planning the programmatic, financial and physical development of the system, in maintaining fiscal control and compiling and recommending educational programs, operating budgets and building programs for the board. The president shall appoint each vice president, associate vice president and assistant vice president of the system. The president shall fix the term of office for each vice president, associate vice president and assistant vice president of the system.
36.09(3)(a)(a) The chancellors shall be the executive heads of their respective faculties and institutions and shall be vested with the responsibility of administering board policies under the coordinating direction of the president and be accountable and report to the president and the board on the operation and administration of their institutions. Subject to board policy the chancellors of the institutions in consultation with their faculties shall be responsible for designing curricula and setting degree requirements; determining academic standards and establishing grading systems; defining and administering institutional standards for faculty peer evaluation and screening candidates for appointment, promotion and tenure; recommending individual merit increases; administering associated auxiliary services; and administering all funds, from whatever source, allocated, generated or intended for use of their institutions.
36.09(3)(b)
(b) The chancellor may designate a person as provost, to act as chief executive officer of the institution in the chancellor's absence, if the person currently holds a limited appointment as vice chancellor, associate chancellor, assistant chancellor, associate vice chancellor or assistant vice chancellor. The chancellor may not create an additional administrative position for the purpose of this paragraph.
36.09(4)
(4) Faculty. The faculty of each institution, subject to the responsibilities and powers of the board, the president and the chancellor of such institution, shall be vested with responsibility for the immediate governance of such institution and shall actively participate in institutional policy development. As such, the faculty shall have the primary responsibility for academic and educational activities and faculty personnel matters. The faculty of each institution shall have the right to determine their own faculty organizational structure and to select representatives to participate in institutional governance.
36.09(4m)
(4m) Academic staff. The academic staff members of each institution, subject to the responsibilities and powers of the board, the president and the chancellor and faculty of the institution, shall be active participants in the immediate governance of and policy development for the institution. The academic staff members have the primary responsibility for the formulation and review, and shall be represented in the development, of all policies and procedures concerning academic staff members, including academic staff personnel matters. The academic staff members of each institution shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance.
36.09(5)
(5) Students. The students of each institution or campus subject to the responsibilities and powers of the board, the president, the chancellor and the faculty shall be active participants in the immediate governance of and policy development for such institutions. As such, students shall have primary responsibility for the formulation and review of policies concerning student life, services and interests. Students in consultation with the chancellor and subject to the final confirmation of the board shall have the responsibility for the disposition of those student fees which constitute substantial support for campus student activities. The students of each institution or campus shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance.
36.09 History
History: 1973 c. 335;
1975 c. 39,
224;
1977 c. 196 ss.
130 (1), (2),
131;
1977 c. 418;
1979 c. 34 s.
2102 (29) (a);
1981 c. 20 s.
2202 (1) (a);
1983 a. 27 s.
2200 (15);
1983 a. 366;
1985 a. 29,
42,
45,
332;
1987 a. 4,
27,
340;
1989 a. 31,
336,
359;
1991 a. 39;
1997 a. 27,
35,
237,
307.
36.09 Annotation
Sub. (5) construed to give student organization, rather than student body, the right to select representatives to participate in institutional governance. Student Asso., U.W.-Milw. v. Baum, 74 W (2d) 283, 246 NW (2d) 622.
36.09 Annotation
The board of regents has no authority to provide a deferred salary plan for employes other than through the state teachers retirement system or the Wisconsin retirement fund. 61 Atty. Gen. 6.
36.09 Annotation
Ruling by chancellor of University of Wisconsin-Eau Claire denying request to conduct door-to-door solicitation in residence halls did not violate constitutional rights. 61 Atty. Gen. 373.
36.09 Annotation
Classified audit fee structure may be established by university regents using age for classification purposes. 62 Atty. Gen. 1.
36.09 Annotation
See note to art. I, sec. 18, citing 63 Atty. Gen. 374, concerning lease of space to church.
36.09 Annotation
Regents should identify how compulsory fees will be used to necessarily and conveniently further the objects of the university before approving a segregated fee, under 37.11 (8) (1971 Stats.), to finance a legal services program for Oshkosh student association. Regent's duties are unchanged under (5). 63 Atty. Gen. 385.
36.09 Annotation
Board of Regents' proposed one percent raise of the pay range minima and maxima of academic staff required prior approval of secretary of employment relations.
80 Atty. Gen. 138.
36.11
36.11
Powers and duties of the board of regents. 36.11(1)(1)
Protection of people; custody and management of property. 36.11(1)(a)(a) The board may promulgate rules under
ch. 227 to protect the lives, health and safety of persons on property under its jurisdiction and to protect such property and to prevent obstruction of the functions of the system. Any person who violates any rule promulgated under this paragraph may be fined not more than $500 or imprisoned not more than 90 days or both.
36.11(1)(b)
(b) Except as provided in this paragraph, the board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law. Any lease is subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under
s. 233.03 (13) and the rights of the authority under any lease agreement, as defined in
s. 233.01 (6). The board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under
s. 13.48 (12). The board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state. All purchases and sales of real property shall be subject to the approval of the building commission. The provision of all leases of real property to be occupied by the board shall be the responsibility of the department of administration under
s. 16.84 (5).
36.11(1)(c)
(c) The board may promulgate rules under
ch. 227 for the management of all property under its jurisdiction, for the care and preservation thereof and for the promotion and preservation of the orderly operation of the system in any or all of its authorized activities and in any or all of its institutions with forfeitures for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. Forfeitures shall not exceed $500.
36.11(1)(cm)
(cm) The board shall promulgate rules under
ch. 227 prescribing the times, places and manner in which political literature may be distributed and political campaigning may be conducted in state-owned residence halls. No such rule may authorize any activity prohibited under
s. 11.36 (3) or
(4).
36.11(1)(d)
(d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with
s. 59.25 (3) (f) and
(j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with
ss. 778.13 and
778.17.
36.11(1)(e)
(e) The board, with the approval of the building commission, may sell or lease state-owned residence halls to another state agency or nonstate nonprofit agency for purposes of alternate use.
36.11(2)(a)(a) The board shall have concurrent police power, with other authorized peace officers, over all property subject to its jurisdiction, and all property contiguous to such property at the University of Wisconsin-Parkside if owned by a nonprofit corporation the primary purpose of which, as determined by the board, is to benefit the system. Such concurrent police authority shall not be construed to reduce or lessen the authority of the police power of the community or communities in which a campus may be located. All campus police officers shall cooperate with and be responsive to the local police authorities as they meet and exercise their statutory responsibilities. The designated agents of the board may arrest, with or without warrant, any person on such property who they have reasonable grounds to believe has violated a state law or any rule promulgated under this chapter and deliver such person to any court having jurisdiction over the violation and execute a complaint charging such person with the violation. This subsection does not impair the duty of any other peace officers within their jurisdictions to arrest and take before the proper court persons found violating any state law on such property.
36.11(2)(b)
(b) The board may employ police for the institutions and chiefs to head such police, or contract for police, all of whom shall be deemed peace officers under
s. 939.22 (22) under the supervision and control of the appropriate chancellor or the chancellor's designees. Such police officers shall meet the minimum standards established for other police officers by the law enforcement standards board or a comparable agency. Such police shall preserve the peace on all property described under
par. (a), enforce all rules promulgated under this chapter and all other laws, and for that purpose the chancellor or the chancellor's designee may call for aid from such other persons as is deemed necessary.
36.11(3)(a)(a) The board shall establish the policies for admission within the system and within these policies each institution shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests or any tests based upon race, religion, national origin of U.S. citizens or sex shall ever be allowed in the admission of students thereto.
36.11(3)(b)
(b) The board shall establish policies for the appropriate transfer of credits between institutions within the system, including the designation of those courses which shall be transferable between and within institutions without loss of credit toward graduation or toward completion of a specific course of study.
36.11(3)(c)
(c) The board may establish policies for the appropriate transfer of credits with other educational institutions outside the system.
36.11(3)(cm)
(cm) The board shall establish and maintain a computer-based credit transfer system that shall include, but not be limited to, the following:
36.11(3)(cm)1.
1. All transfers of credit between institutions within the system.
36.11(3)(cm)4.
4. Other courses for which the transfer of credits is accepted under
par. (b) or
(c).
36.11(3)(d)1.1. Except as provided in
subd. 2., the board shall require that a $35 fee accompany each application for admittance from persons seeking admittance to any school within the system as new freshmen or as transfer students from outside the system. The board may exempt from the fee under this subdivision, on the basis of financial need, a maximum of 5% of the applications in any school year.
36.11(3)(d)2.
2. The board shall require that a $45 fee accompany each application for admittance to a graduate school, law school or medical school within the system.
36.11(3)(d)3.
3. Of the fee received with each application under
subds. 1. and
2., the board shall provide $3 for the support of the higher education location program under
s. 36.25 (36).
36.11(4)
(4) Injunctive relief. The board may obtain injunctive relief to enforce this chapter or any rules promulgated under this chapter.
36.11(5)(a)(a) The board may procure liability insurance covering the members of the board, any officer, employe or such students whose activities may constitute an obligation or responsibility of the system.
36.11(5)(b)
(b) The board may procure insurance to cover injuries sustained by students as a result of their participation in intercollegiate athletics. The board may not use general purpose revenue to pay for such insurance. With respect to any of the risks to be covered by the insurance, the board may contract for the services of a claims administrator and may obtain coverage by any combination of self-insurance, excess or stop-loss insurance or blanket insurance.
36.11(6)(a)1.
1. Make grants to students from funds budgeted to or controlled by the system and formulate policies and promulgate rules for the grants.
36.11(6)(a)2.
2. Make grants equivalent in value to the payment of incidental fees to disabled residents of the state who are recommended and supervised by the department of workforce development under
s. 47.02.
36.11(6)(b)
(b) The board may not make a grant under
par. (a) to a person if it receives a certification under
s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
36.11(6)(c)
(c) By April 10, 1998, and annually thereafter, the board shall develop and submit to the higher educational aids board for its review under
s. 39.285 (1) a proposed formula for the awarding of grants under
s. 39.435, except for grants awarded under
s. 39.435 (2) or
(5), for the upcoming academic year to students enrolled in the system.
36.11(7)
(7) Confer degrees. The board may confer such degrees and grant such diplomas as are usual in universities or as it deems appropriate.
36.11(8)(a)(a) The board may make general policies and shall authorize the chancellors to adopt rules regulating the parking of motor vehicles on property under their jurisdiction. Such rules shall not be subject to
ch. 227.
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 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. College 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 institution, 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 college campus 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 college campus to:
