36.11(30)
(30) Information technology reports. The board shall prepare and submit reports to the joint committee on information policy and technology 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(33)
(33) Report on management and staff positions. 36.11(33)(a)(a) The board shall categorize each position in the system as either a management position or a staff position. The board shall define "management" and "staff" for the purposes of this paragraph.
36.11(33)(b)
(b) By January 1, 1998, and annually thereafter by January 1, the board shall submit a report to the joint committee on finance that includes all of the following:
36.11(33)(b)1.
1. The definitions of "management" and "staff" used by the board under
par. (a).
36.11(33)(b)3.
3. The criteria used by the board to categorize the positions.
36.11(33)(b)4.
4. The current number of authorized positions in each category at each campus.
36.11(34)
(34) Mathematics programs evaluation. From the appropriation under
s. 20.285 (1) (a), annually the board shall allocate $25,000 to the University of Wisconsin-Milwaukee for the purpose of evaluating a pilot mathematics program conducted by the school district operating under
ch. 119. This subsection does not apply after June 30, 2003.
36.11(35)
(35) Student identification numbers. The board may assign to each student enrolled in the system a unique identification number. The board shall not assign to any student an identification number that is identical to or incorporates the student's social security number. This subsection does not prohibit the board from requiring a student to disclose his or her social security number, nor from using a student's social security number if such use is required by a federal or state agency or private organization in order for the system or the student to participate in a particular program.
36.11(36)
(36) Aquaculture demonstration facility. The board, in consultation with representatives of the aquaculture industry, shall operate the aquaculture demonstration facility authorized under
1999 Wisconsin Act 9, section 9107 (1) (i) 3.
36.11(36m)
(36m) School safety research. The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under
s. 38.04 (27), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.
36.11(37)
(37) Extension local planning program. The board shall offer a local planning program through the extension to educate local policymakers about local planning and the grant program under
s. 16.965.
36.11(39)
(39) Gaylord Nelson chair of integrated environmental studies. The board shall establish the Gaylord Nelson chair of integrated environmental studies and seek private funding for this chair.
36.11(40)
(40) Center for cooperatives. The board shall maintain a center for cooperatives at the University of Wisconsin-Madison.
36.11(43)
(43) Programming at University of Wisconsin-Green Bay. The board shall ensure that the University of Wisconsin-Green Bay implements programming that is jointly developed by the University of Wisconsin-Green Bay and the Oneida Tribe.
36.11(44)
(44) Report on courses. By October 31, 2001, and annually by October 31 thereafter, the board shall submit a report to the cochairpersons of the joint committee on finance that contains the number and type of, and the number of students enrolled in, each course offered by the system for which the academic fees or tuition charged equals at least 100% of the cost of offering the course.
36.11(46)
(46) Fond du Lac Avenue corridor study. The board shall ensure that the Center for Economic Development at the University of Wisconsin-Milwaukee completes an economic development study of the Fond du Lac Avenue corridor from North Avenue to Capitol Drive in Milwaukee.
36.11(47)
(47) Armed forces. If a student who is a member of the Wisconsin 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 under
ch. 21 or into active service with the U.S. armed forces for at least 30 days, the board shall, at the student's request, do one of the following for all courses from which the student had to withdraw:
36.11(47)(a)
(a) Reimburse the student all tuition and fees paid for all the courses and a prorated portion of room and board payments.
36.11(47)(b)
(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.
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;
1997 a. 3,
27,
128,
237;
1999 a. 9,
29;
1999 a. 150 ss.
7,
351;
2001 a. 16,
22.
36.11 Annotation
The Board of Regents has the 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. A student court can be designated by the board of regents as an auxiliary enterprise. Moneys collected must be paid into the 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 the union representing unclassified employees 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
The legality of student and faculty voting participation on the Board of Regents is discussed. 60 Atty. Gen. 395.
36.11 Annotation
The University of Wisconsin System may sell a dormitory that no longer is needed for educational purposes upon terms that 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 sub. (2) to arrest only on campuses 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 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 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 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 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.
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 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;
1997 a. 237.
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 Cross-reference
Cross Reference: See also chs.
UWS 3,
4,
5,
6, and
19, Wis. adm. code.
36.13 Annotation
The due process rights of a tenured professor who was alleged to have resigned were not protected by a hearing to determine eligibility for unemployment compensation. Patterson v. University Board of Regents,
119 Wis. 2d 570,
350 N.W.2d 612 (1984).
36.13 Annotation
The Board did not have authority to grant tenure without the affirmative recommendation of the appropriate academic department. Trojan v. Board of Regents,
128 Wis. 2d 270,
382 N.W.2d 75 (Ct. App. 1985).
36.13 Annotation
Under s. 37.31, Stats. 1971, the faculty acquires tenure in the system as distinct from tenure at one particular institution within the system. 60 Atty. Gen. 116.
36.13 Annotation
A nontenured teacher who is not rehired has no constitutional right to a statement of the reason for not renewing his or her contract nor to a hearing on the matter. Board of Regents v. Roth,
408 U.S. 564.
36.14
36.14
Wisconsin distinguished professorships. 36.14(1)(1) The board may establish distinguished professorships under this section.
36.14(2)
(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.
36.14(3)
(3) The board may pay the costs specified under
sub. (2) only from the appropriations under
s. 20.285 (1) (a),
(am) and
(jm). The board may pay any of the costs specified under
sub. (2) from the appropriation under
s. 20.285 (1) (jm). The board may pay from the appropriation under
s. 20.285 (1) (am) only the salary and fringe benefit costs of the professor but may not pay more than 50% of those costs from that appropriation. Annually the board shall report to the department of administration all expenditures from the appropriation under
s. 20.285 (1) (a) made for the purposes of this section.
36.14(4)
(4) The board shall ensure that at least 3 of the professors awarded distinguished professorships under this section after August 9, 1989, are not employed by the board when they are awarded the professorships.
36.14 History
History: 1987 a. 27;
1989 a. 31.
36.15
36.15
Academic staff appointments. 36.15(1)
(1)
Definitions. In this section:
36.15(1)(a)
(a) "Administrative appointment" means an academic staff appointment for a fixed or indefinite term granted to a system, campus, college, school or other divisional officer involved in policy development or execution and to persons involved in directing, organizing or supervising higher education related activities.
36.15(1)(b)
(b) "Professional appointment" means an academic staff appointment for a fixed or indefinite term granted to a professional employee who is involved in the guidance or counseling of students, assisting the faculty in research, public service or in the instruction of students or who is involved in other professional duties which are primarily associated with institutions of higher education; including, but not limited to, such employment titles as visiting faculty, clinical staff, lecturer, scientist, specialist and such other equivalent titles as the board approves.
36.15(2)
(2) Appointments. Appointments under this section shall be made by the board, or by an appropriate official authorized by the board, under policies and procedures established by the board and subject to
s. 36.09 (1) (i). The policies for indefinite appointments shall provide for a probationary period, permanent status and such other conditions of appointment as the board establishes.
36.15(2m)
(2m) Librarian appointments. If in any institution all professional librarians with appropriate graduate degrees as determined in accordance with that institution's policies, have formerly been ranked faculty, all present and future appointments of professional librarians with appropriate graduate degrees in such institution shall be as ranked faculty, except in those institutions where the chancellor and faculty designate that such appointments shall be as academic staff.
36.15(3)
(3) Procedural guarantees. 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. In such matters the action and decision of the board, or the appropriate official authorized by the board, shall be final, subject to judicial review under
ch. 227. The board shall develop procedures for notice and hearing which shall be promulgated as rules under
ch. 227.
36.15 History
History: 1973 c. 335 and Supp;
1985 a. 332;
1989 a. 31.
36.15 Cross-reference
Cross Reference: See also ch.
UWS 3,
9,
10,
11,
12, and
19, Wis. adm. code.
36.17
36.17
Limited appointments. 36.17(1)
(1) An appointment to a position listed in
sub. (2) shall be a limited appointment and the appointment shall be at the pleasure of the board. A person holding a tenured or academic staff appointment under
ss. 36.13 and
36.15 shall not lose that appointment by accepting a limited appointment.
36.17(2)
(2) Limited appointments apply to the following positions: president, provost, vice president, associate vice president, assistant vice president, chancellor, vice chancellor, associate chancellor, assistant chancellor, associate vice chancellor, assistant vice chancellor, college campus dean, secretary of the board, associate secretary of the board, assistant secretary of the board, trust officer and assistant trust officer and such other administrative positions as the board determines at the time of the appointment.
36.17 History
History: 1973 c. 335;
1997 a. 237.
36.17 Cross-reference
Cross Reference: See also chs.
UWS 15 and
19, Wis. adm. code.
