Chapter 36

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 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.

36.112 36.112 Performance funding; innovation fund.

36.112(1) (1) Definition. In this section, “institution” includes the extension.

36.112(2) (2) Goals; metrics.

36.112(2)(a) (a) The legislature hereby establishes the following goals for the system:

36.112(2)(a)1. 1. Growing and ensuring student access.

36.112(2)(a)2. 2. Improving and excelling at student progress and completion.

36.112(2)(a)3. 3. Expanding contributions to the workforce.

36.112(2)(a)4. 4. Enhancing operational efficiency and effectiveness.

36.112(2)(b) (b) For each goal specified in par. (a), the Board of Regents shall identify at least 4 metrics to measure an institution’s progress toward meeting the goal. As the Board of Regents determines is appropriate, the board may specify different metrics for the extension.

36.112(3) (3) Outcomes-based funding formula.

36.112(3)(a) (a) The Board of Regents shall develop a formula for distributing under par. (b) the amount allocated under sub. (4) among the institutions based on each institution’s performance with respect to the metrics under sub. (2) (b).

36.112(3)(b) (b) By no later than February 15, 2018, the Board of Regents shall submit the formula developed under par. (a) to the joint committee on finance. The Board of Regents may use the formula to distribute the amount allocated under sub. (4) among the institutions only as modified or approved by the committee. The joint committee on finance shall consult with the appropriate standing committee in each house before modifying or approving the formula.

36.112(4) (4) Allocation. In each fiscal year beginning in fiscal year 2018-19, the Board of Regents shall allocate $26,250,000 of the amount appropriated under s. 20.285 (1) (a) to distribute to institutions under the formula under sub. (3) (b).

36.112(5) (5) Report.

36.112(5)(a) (a) Beginning in fiscal year 2018-19, the Board of Regents shall submit an annual report to the joint committee on finance that describes how the Board of Regents distributed in the fiscal year the amount allocated under sub. (4) to the institutions under the formula under sub. (3) (b). The report shall describe all of the following:

36.112(5)(a)1. 1. The amount distributed to each institution under the formula in the fiscal year.

36.112(5)(a)2. 2. The performance of each institution with respect to all the metrics identified by the Board of Regents under sub. (2) (b).

36.112(5)(a)3. 3. The methodology used to make the distributions based on each institution’s performance with respect to the metrics.

36.112(5)(a)4. 4. The performance of the system as a whole with respect to all the metrics identified by the Board of Regents under sub. (2) (b).

36.112(5)(a)5. 5. Any other information used to administer the requirements of this section.

36.112(5)(b) (b) The Board of Regents shall make the report required under par. (a) available to the public, and each institution shall post the report on its Internet site.

36.112(6) (6) Innovation fund. In fiscal year 2017-18, the Board of Regents shall allocate $5,000,000 of the amount appropriated under s. 20.285 (1) (a) for the board to distribute to institutions to increase enrollments in high-demand degree programs. The Board of Regents shall make the distribution through a competitive process involving a request for proposals from the institutions.

36.112(7) (7) Other duties. The Board of Regents shall do all of the following:

36.112(7)(a) (a) Identify baseline data sets for the goals specified in sub. (2) (a).

36.112(7)(c) (c) Approve a peer group for each institution that includes institutions of higher education with comparable missions and service populations.

36.112 History History: 2017 a. 59; 2017 a. 364 s. 49.

36.115 36.115 Personnel systems.

36.115(1) (1) In this section:

36.115(1)(a) (a) “Chancellor” means the chancellor of the University of Wisconsin-Madison.

36.115(1)(b) (b) “State specialists” means faculty or academic staff at the University of Wisconsin-Platteville, University of Wisconsin-River Falls, University of Wisconsin-Stevens Point, or University of Wisconsin-Madison College of Agricultural and Life Sciences with appointments partially or fully funded through the division of extension at the University of Wisconsin-Madison in the field of applied agricultural research.

36.115(2) (2) Except as provided in sub. (8), 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) Except as provided in sub. (8), 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) (5) 

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. This paragraph does not apply to revisions made under sub. (8) (b) or (d).

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. This paragraph does not apply to revisions made under sub. (8) (b) or (d).

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(7) (7) Except as provided in sub. (8), the board shall establish and maintain consistent employment relations policies and practices for all system employees except system employees assigned to the University of Wisconsin-Madison, and the chancellor shall establish and maintain consistent employment relations policies and practices for all system employees assigned to the University of Wisconsin-Madison.

36.115(8) (8) 

36.115(8)(a) (a) No later than January 1, 2018, the board shall develop and implement a plan that includes all of the following for each institution within the system, including the University of Wisconsin-Madison:

36.115(8)(a)1. 1. Policies for monitoring teaching workloads of faculty and instructional academic staff, including requirements for individual faculty and instructional academic staff members to report the number of hours spent teaching to the system administration.

36.115(8)(a)2. 2. Policies for rewarding faculty and instructional academic staff who teach more than a standard academic load.

36.115(8)(b) (b) The board and the chancellor shall revise the personnel systems developed under subs. (2) and (3) and the employment relations policies and practices established under sub. (7) as necessary to ensure that the systems, policies, and practices are consistent with the plan required under par. (a).

36.115(8)(c) (c) No later than September 1, 2021, the board shall develop and implement a plan that includes policies for monitoring extension and outreach workloads of state specialists, including requirements for individual state specialists to report their extension and outreach hours to the system administration.

36.115(8)(d) (d) The board and the chancellor shall revise the personnel systems developed under subs. (2) and (3) and the employment relations policies and practices established under sub. (7) as necessary to ensure that the systems, policies, and practices are consistent with the plan required under par. (c).

36.115 History History: 2011 a. 32; 2013 a. 20; 2015 a. 55; 2017 a. 59; 2021 a. 11.

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) (2) 

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)2. 2. Provide remedies and sanctions for violations of sub. (1).

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 History History: 1989 a. 186; 1997 a. 237; 2015 a. 55.

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, 156 L. Ed. 2d 304 (2003). See also Gratz v. Bollinger, 539 U.S. 244, 123 S. Ct. 2411, 156 L. Ed. 2d 257 (2003). But see Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. ___, 143 S. Ct. 2141, 216 L. Ed. 2d 857 (2023).

36.12 Annotation Under Grutter, 539 U.S. 306 (2003), 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. 297, 133 S. Ct. 2411, 186 L. Ed. 2d 474 (2013). See also Fisher v. University of Texas at Austin, 579 U.S. 365, 136 S. Ct. 2198, 195 L. Ed. 2d 511 (2016). But see Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. ___, 143 S. Ct. 2141, 216 L. Ed. 2d 857 (2023).

36.12 Annotation The Court has permitted race-based admissions only within the confines of narrow restrictions. University programs must comply with strict scrutiny, they may never use race as a stereotype or negative, and at some point they must end. In this case, the respondents’ admissions systems, however well-intentioned and implemented in good faith, failed each of those criteria and must therefore be invalidated under the equal protection clause of the 14th amendment to the U.S. Constitution. Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. ___, 143 S. Ct. 2141, 216 L. Ed. 2d 857 (2023).

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.

36.14 History History: 1987 a. 27; 1989 a. 31; 2011 a. 32.

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. 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(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.