36.11(22)(a)2.
2. Annually supply to all students enrolled in the institution or college campus printed or electronic 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 college campus have used to comply with
par. (a).
36.11(22)(c)
(c) Any person employed at an institution who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution that the student has been sexually assaulted shall report to the dean of students of the institution. The dean of students shall compile reports for the purpose of disseminating statistical information under
par. (a) 1. b.
36.11(22)(d)
(d) Annually, each institution 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 each campus of the institution 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(27)
(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.
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 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.
Effective date note
NOTE: Sub. (35) (title) is renumbered s. 36.32 (title) and sub. (35) is renumbered s. 36.32 (2) and amended, all eff. 7-1-06, by
2003 Wis. Act 282.
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 resident of Wisconsin and 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 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(48)
(48) Report on utility charges; assessment of certain utility charges. The board shall ensure that the University of Wisconsin-Madison reports annually to the department of administration on utility charges in the following fiscal year to fund principal and interest costs incurred in purchasing the Walnut Street steam and chilled-water plant enumerated under
2003 Wisconsin Act 33, section 9106 (1) (g) 2., and the methodology used to calculate those charges. The board may not assess the utility charges until the charges are approved by the department of administration.
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;
2003 a. 33,
69,
149,
282.
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.
36.12 Annotation
Student body diversity is a compelling state interest that can justify the use of race in university admissions. A race-conscious admissions program cannot use a quota system, but may consider race or ethnicity as a plus factor for an applicant, without insulating the individual from comparison with all other candidates for the available seats. An admissions program must be flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant, and to place them on the same footing for consideration, although not necessarily according them the same weight. Race-conscious admissions policies must be limited in time. Grutter v. Bollinger, 539 U.S. ___,
123 S. Ct. 2325 (2003). See also Gratz v. Bollinger, 539 U.S. ___,
156 L. Ed. 2d 304,
123 S. Ct. 2411 (2003).
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.
