36.22(4)(b)1. 1. A summary of the reasons supporting the need for the layoff.

36.22(4)(b)2. 2. A statement of the basis on which the individual position was selected for elimination and one of the following:

36.22(4)(b)2.a. a. If the position was selected for elimination on the basis of seniority, the criterion used and data supporting the choice.

36.22(4)(b)2.b. b. If the position was selected for elimination on a basis other than seniority, the data and reasons supporting that choice.

36.22(4)(b)3. 3. A statement of the date on which the layoff is to be effective.

36.22(4)(b)4. 4. A copy of the statutes regarding layoff of faculty due to a budget or program decision requiring a program change and such other information or procedural regulations as the chancellor deems appropriate.

36.22(5) (5) Notification period.

36.22(5)(a) (a) In the case of the layoff of faculty due to a budget or program decision requiring a program change, notification must be given at least 12 months in advance of the effective date.

36.22(5)(b) (b) During the 12-month period under par. (a), and prior to entering layoff status, the chancellor may offer as appropriate, and the faculty member may accept, any of the following:

36.22(5)(b)1. 1. Terminal leave and early retirement.

36.22(5)(b)2. 2. Relocation leave accompanied by resignation.

36.22(5)(c) (c) Acceptance of either option under par. (b) terminates the faculty member’s association with the system at the end of the leave period.

36.22(6) (6) Faculty hearing committee. The faculty of each institution shall establish a committee or designate an existing committee to serve as a hearing committee for the purposes of this section. The committee shall consist of faculty members of the institution chosen by the faculty in a manner to be determined by the faculty. This standing faculty committee shall conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence, and transmit the record and summary along with its recommended findings of law and decision to the board.

36.22(7) (7) Review hearing.

36.22(7)(a) (a) A faculty member who has been notified of layoff is entitled to a hearing before the faculty hearing committee as to the appropriateness of the decision to lay off that particular individual. The budget or program decisions made to discontinue, curtail, modify, or redirect a program are not subject to review in the hearing.

36.22(7)(b) (b) A hearing must be requested within 20 days of the receipt by the faculty member of notification of layoff. The request shall state with particularity the grounds to be relied upon in establishing the impropriety of the decision. Relevant information supplementary to that contained in the notification statement may be requested. The question to be considered in the review is whether one or more of the following improper factors entered into the decision to lay off:

36.22(7)(b)1. 1. Conduct, expressions, or beliefs on the faculty member’s part that are constitutionally protected, or protected by the principles of academic freedom.

36.22(7)(b)2. 2. Factors proscribed by applicable state or federal law regarding fair employment practices.

36.22(7)(b)3. 3. Improper selection of the individual to be laid off.

36.22(7)(c) (c) For purposes of par. (b), “improper selection” has occurred if material prejudice resulted from any of the following:

36.22(7)(c)1. 1. The procedures required by the board were not followed.

36.22(7)(c)2. 2. Available data bearing materially on the role of the faculty member in the institution were not considered.

36.22(7)(c)3. 3. Unfounded or arbitrary assumptions of fact were made.

36.22(7)(c)4. 4. Immaterial or improper factors other than those specified in par. (b) entered into the decision.

36.22(7)(d) (d) The committee shall determine whether one or more of the improper factors under par. (b) entered significantly into and affected the layoff decision on the basis of the evidence presented. If the committee believes that one or more improper factors may have entered into the layoff decision but is convinced that the same decision would have been reached had the error or errors not occurred, the committee shall find the layoff decision to have been proper. The committee shall report its findings and recommendations to the chancellor and the faculty member.

36.22(8) (8) Hearing procedure.

36.22(8)(a) (a) If the faculty hearing committee requests, the chancellor shall provide legal counsel to the committee for a hearing under sub. (7). The hearing shall be closed unless the faculty member who has been notified of layoff requests an open hearing, in which case it shall be open.

36.22(8)(b) (b) The faculty hearing committee may, on motion of either party, disqualify any one of its members for cause by a majority vote. If one or more of the faculty hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the faculty equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the faculty establishing the hearing committee under sub. (6). No faculty member who participated in the decision to lay off or who is a material witness may sit in on the faculty hearing committee.

36.22(8)(c) (c) The faculty member shall be given at least 10 days’ notice of the hearing. The hearing shall be held not later than 20 days after the request for hearing except that this time limit may be extended by mutual consent of the parties or by order of the faculty hearing committee.