36.11(55m)(b)
(b) The educational interests of all participating students are adequately protected.
36.11(55m)(c)
(c) Appropriate facilities, infrastructure, and administrative resources are available for the research, either on campus or at off-campus locations.
36.11(55m)(d)
(d) The sponsors of the research cover all additional costs associated with the security requirements of the research.
36.11(55m)(e)
(e) The conditions for accepting the contracts and conducting the research are established pursuant to a process approved by the chancellor, in consultation with the faculty, of the institution at which the research is to be conducted.
36.11(56)
(56) Travel policies. Effective July 1, 2013, the board shall establish travel policies for system employees and a schedule for the reimbursement of system employees for travel expenses.
36.11(57)
(57) General purpose revenue block grants. The board shall allocate moneys appropriated to the board under
s. 20.285 (1) (a) to the institutions, college campuses, and extension as block grants.
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;
2005 a. 25,
253,
324,
470;
2007 a. 20,
85,
125;
2009 a. 28,
59,
302;
2011 a. 32,
175;
2013 a. 20,
56,
289.
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 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.
36.115
36.115
Personnel systems. 36.115(1)(1) In this section, "chancellor" means the chancellor of the University of Wisconsin-Madison.
36.115(2)
(2) The board shall develop a personnel system that is separate and distinct from the personnel system under
ch. 230 for all system employees except system employees assigned to the University of Wisconsin-Madison.
36.115(3)
(3) The chancellor shall develop a personnel system that is separate and distinct from the personnel system under
ch. 230 for all system employees assigned to the University of Wisconsin-Madison.
36.115(3m)
(3m) The board shall set the salary ranges for all of the following positions:
36.115(3m)(ae)
(ae) Each of the vice chancellors who is serving as deputy at the University of Wisconsin System campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior, and Whitewater and each of the vice chancellors who is serving as deputy at the University of Wisconsin Colleges and the University of Wisconsin-Extension.
36.115(3m)(am)
(am) The vice presidents of the University of Wisconsin System.
36.115(3m)(ar)
(ar) The chancellors at the University of Wisconsin System campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior, and Whitewater and the chancellors of the University of Wisconsin Colleges and the University of Wisconsin-Extension.
36.115(3m)(b)
(b) The vice chancellor who is serving as deputy at the University of Wisconsin-Milwaukee.
36.115(3m)(bm)
(bm) The senior vice presidents of the University of Wisconsin System.
36.115(3m)(c)
(c) The vice chancellor who is serving as deputy at the University of Wisconsin-Madison.
36.115(3m)(d)
(d) The chancellor at the University of Wisconsin-Milwaukee.
36.115(3m)(e)
(e) The chancellor at the University of Wisconsin-Madison.
36.115(3m)(f)
(f) The president of the University of Wisconsin System.
36.115(3m)(g)
(g) The associate and assistant vice presidents, vice chancellors not identified in
pars. (ae),
(b), or
(c), assistant chancellors, associate and assistant vice chancellors, and administrative directors and associate directors of physical plant, general operations and services, and auxiliary enterprises activities or their equivalent, of each University of Wisconsin institution, the University of Wisconsin-Extension, and the University of Wisconsin System administration.
36.115(4)
(4) The personnel systems developed under
subs. (2) and
(3) shall include a civil service system, a grievance procedure that addresses employee terminations, and provisions that address employee discipline and workplace safety. The grievance procedure shall include all of the following elements:
36.115(4)(a)
(a) A written document specifying the process that a grievant and an employer must follow.
36.115(4)(b)
(b) A hearing before an impartial hearing officer.
36.115(4)(c)
(c) An appeal process in which the highest level of appeal is the board.
36.115(5)(a)(a) The personnel systems developed under
subs. (2) and
(3) shall be implemented on July 1, 2015.
36.115(5)(b)
(b) The board may not implement the personnel system developed under
sub. (2) unless it has been approved by the joint committee on employment relations.
36.115(5)(c)
(c) The chancellor may not implement the personnel system developed under
sub. (3) unless it has been approved by the joint committee on employment relations.
36.115(6)
(6) All system employees holding positions in the classified or unclassified service of the civil service system under
ch. 230 on June 30, 2015, shall be included in the personnel systems developed under
subs. (2) and
(3). System employees holding positions in the classified service on June 30, 2015, who have achieved permanent status in class on that date, shall retain, while serving in the positions in the system, those protections afforded employees in the classified service under
ss. 230.34 (1) (a) and
230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay. Such employees shall also have reinstatement privileges to the classified service as provided under
s. 230.31 (1). System employees holding positions in the classified service on June 30, 2015, who have not achieved permanent status in class on that date are eligible to receive the protections, privileges, and rights preserved under this subsection if they successfully complete service equivalent to the probationary period required in the classified service for the positions which they hold on that date.
36.115 History
History: 2011 a. 32;
2013 a. 20.
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
The exclusion of contraceptives from an employer or college or university sponsored benefits program that otherwise provides prescription drug coverage violates Wisconsin law prohibiting sex discrimination in employment and in higher education, ss. 111.31 to 111.395, 36.12, and 38.23.
OAG 1-04.
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. 306,
123 S. Ct. 2325 (2003). See also Gratz v. Bollinger,
539 U.S. 244,
156 L. Ed. 2d 304,
123 S. Ct. 2411 (2003).
36.12 Annotation
Under
Grutter, strict scrutiny must be applied to any university admissions program using racial categories or classifications. Once the university has established that its goal of diversity is consistent with strict scrutiny, however, there must still be a further judicial determination that the admissions process meets strict scrutiny in its implementation. The university must prove that the means chosen by the university to attain diversity are narrowly tailored to that goal. Strict scrutiny imposes on the university the ultimate burden of demonstrating, before turning to racial classifications, that available, workable race-neutral alternatives do not suffice.
Grutter did not hold that good faith would forgive an impermissible consideration of race. Fisher v. University of Texas at Austin,
570 U.S. ___, 133 S. Ct. 2411, 186 L. Ed. 2d 474 (2013).
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,
7, 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
This section specifically authorizes the board to adopt termination procedures and the board has adopted administrative rules that lay out the process to be applied in faculty dismissal cases. While sub. (5) provides that dismissal decisions are reviewed under ch. 227, other provisions of ch. 227 do not apply to faculty dismissal cases and the administrative rules do. Marder v. Board of Regents of the University of Wisconsin System,
2005 WI 159,
286 Wis. 2d 252,
706 N.W.2d 110,
03-2755.
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(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.
36.15
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.
