Chapter 36

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(9) (9) 

36.115(9)(a) (a) Notwithstanding s. 16.505 (2m) and (2p), the board shall continue to maintain, across the entire system, the number of positions for system employees that are funded by either general purpose revenue or program revenue at the level in effect on January 1, 2024, as set forth in, and subject to all of the terms of, the resolution adopted by the board on December 13, 2023, except that this paragraph applies through and after December 31, 2026.

36.115(9)(b) (b) The chancellor may not create or abolish any position under s. 16.505 (2m) or (2p) for any system employee assigned to the University of Wisconsin-Madison that would be inconsistent with par. (a).

36.115(10) (10) 

36.115(10)(a) (a) In this subsection:

36.115(10)(a)1. 1. “Credit hour,” with respect to a course, means a period of not less than 50 consecutive minutes per week of instructional time for each week of the semester or session that the course is offered, excluding the week of or the week immediately preceding final examinations for the course.

36.115(10)(a)2. 2. “Faculty” has the meaning given in s. 36.05 (8) except that faculty does not include the chancellor or provost of an institution.

36.115(10)(b) (b) Notwithstanding sub. (8) and any provision of the personnel systems under subs. (2) and (3), the provisions of this subsection apply with respect to each institution within the system, including the University of Wisconsin-Madison.

36.115(10)(c) (c)

36.115(10)(c)1. 1. Except as provided in subd. 2. and pars. (d) to (f), beginning on September 1, 2026, each full-time faculty member and each full-time member of the instructional academic staff shall teach no fewer than 24 credit hours per academic year and, if the faculty member or instructional academic staff member is employed on a 12-month contract, an additional 6 credit hours during the summer.

36.115(10)(c)2. 2. Except as provided in pars. (d) to (f), beginning on September 1, 2026, each full-time faculty member and each full-time member of the instructional academic staff assigned to an institution that is classified as Research 1 by the Carnegie Classification of Institutions of Higher Education shall teach no fewer than 12 credit hours per academic year and, if the faculty member or instructional academic staff member is employed on a 12-month contract, an additional 3 credit hours during the summer.

36.115(10)(c)3. 3. Beginning on September 1, 2026, an instructional employee who has less than a full-time appointment shall teach a minimum number of credit hours in the proportion that the appointment bears to the required credit hours for a full-time instructional employee.

36.115(10)(c)4. 4. Beginning on September 1, 2026, except as provided in par. (f), an instructional employee shall teach not fewer than one course during any semester or summer session.

36.115(10)(d) (d)

36.115(10)(d)1. 1. Each academic department in an institution may designate one individual to serve as the chairperson of the department. The duties of the chairperson shall be determined by the chancellor of the institution to which the individual is assigned. The teaching responsibilities under par. (c) may be reduced for the department chairperson commensurate with the individual’s duties as chairperson.

36.115(10)(d)2. 2. An institution may assign administrative duties to instructional employees other than the chairperson of a department and may designate these instructional employees as having these administrative duties, but the institution may not designate more than 10 percent of either faculty or instructional academic staff as having administrative duties. The teaching responsibilities under par. (c) may be reduced for instructional employees designated as having administrative duties to the extent a policy governing the reduction is approved by the joint committee on employment relations no later than January 31, 2026.

36.115(10)(e) (e) The board shall develop a buyout plan that, if approved as provided in par. (f) 3., allows for the reduction of the number of credit hours an instructional employee is required to teach under par. (c).

36.115(10)(f) (f)

36.115(10)(f)1. 1. Subject to subds. 2. to 4., the board may adopt guidelines, consistent with the provisions of this subsection that provide additional details relevant to the requirements under this subsection, or that present exceptions for reasonably justified circumstances, but only if, no later than December 1, 2025, the board submits to the joint committee on employment relations the proposed guidelines for legislative review.

36.115(10)(f)2. 2. In the proposed guidelines submitted under subd. 1., the board may propose exceptions to the requirements under par. (c) or other requirements under this subsection. If the joint committee on employment relations approves these exceptions prior to January 31, 2026, the board may adopt and implement the exceptions and incorporate the approved exceptions into its guidelines.

36.115(10)(f)3. 3. If the joint committee on employment relations approves the buyout plan under par. (e) prior to January 31, 2026, the board may implement the buyout plan.

36.115(10)(f)4. 4. To the extent applicable, the board’s submission under subd. 1. shall include any request for a reduction in teaching responsibilities for instructional employees designated as having administrative duties under par. (d) 2.

36.115(10)(g) (g) Annually, the board shall report to the appropriate standing committees of the legislature under s. 13.172 (3) all of the following information:

36.115(10)(g)1. 1. The total credit hours taught by faculty and instructional academic staff, grouped according to the following factors:

36.115(10)(g)1.a. a. Classification as faculty or instructional academic staff.

36.115(10)(g)1.b. b. Institution to which the employee is assigned.

36.115(10)(g)1.c. c. Whether the employee has a full-time appointment and, if not, the extent of the part-time appointment.

36.115(10)(g)1.d. d. Each funding source and the amount of funding from each source.

36.115(10)(g)2. 2. The percentage of teaching staff at each institution meeting the full workload requirements under this subsection.

36.115(10)(h) (h) In its report under s. 13.94 (1) (t), the legislative audit bureau shall evaluate the board’s compliance with the requirements under this subsection.

36.115 History History: 2011 a. 32; 2013 a. 20; 2015 a. 55; 2017 a. 59; 2021 a. 11; 2025 a. 15.

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 under this section and ss. 38.23 and 111.31 to 111.395. 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.

36.15 History History: 1973 c. 335 and Supp; 1985 a. 332; 1989 a. 31; 2011 a. 32; 2013 a. 20 ss. 2365m, 9448; 2015 a. 55.

36.15 Cross-reference Cross-reference: See also chs. 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 faculty member who has been granted tenure or a person holding an academic staff appointment under s. 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; 2015 a. 55.

36.17 Cross-reference Cross-reference: See also chs. UWS 15 and 19, Wis. adm. code.

36.19 36.19 Other appointments. The board may make or authorize fixed term appointments for student assistants and employees in training, such as residents, interns, post-doctoral fellows or trainees or associates. Appointments made under this section shall not be subject to s. 36.15.

36.19 History History: 1973 c. 335; 2015 a. 55.

36.19 Cross-reference Cross-reference: See also ch. UWS 16, Wis. adm. code.

36.21 36.21 Termination due to certain budget or program changes. Notwithstanding s. 36.15, the board may, with appropriate notice, terminate any faculty or academic staff appointment when such an action is deemed necessary due to a budget or program decision requiring program discontinuance, curtailment, modification, or redirection. No person may be employed at the institution within 2 years to perform reasonably comparable duties to those of the person whose appointment was terminated without first offering such person a reappointment. The board, after consultation with the faculty and chancellor of each institution, shall adopt procedures to be followed in the event of termination of academic staff under this section and the board may adopt procedures, consistent with s. 36.22, to be followed in the event of termination of faculty under this section and s. 36.22.

36.21 History History: 1973 c. 335; 2015 a. 55.

36.22 36.22 Layoff or termination of faculty member due to certain budget or program changes.

36.22(1) (1) Definitions. In this section:

36.22(1)(a) (a) “Layoff” means an indefinite suspension or involuntary reduction in services and compensation of a faculty member’s employment by the system.

36.22(1)(b) (b) “Program change” means program discontinuance, curtailment, modification, or redirection.

36.22(1)(c) (c) “Termination” means the permanent elimination of a faculty member’s employment by the system.

36.22(2) (2) Layoff or termination due to certain circumstances.

36.22(2)(a) (a) The board may, under this section and s. 36.21, with appropriate notice, lay off or terminate any faculty member when such an action is deemed necessary due to a budget or program decision requiring a program change.

36.22(2)(b) (b) Any layoff or termination of a faculty member under par. (a) may be made only in accordance with the provisions of this section and implies the retention of rights indicated in this section. A faculty member who is laid off retains the rights specified in subs. (11) to (16) and a faculty member who is terminated retains the rights specified in subs. (13) and (14).

36.22(2)(c) (c) Nonrenewal of an appointment, regardless of the reason, is not a layoff or termination under this section.

36.22(3) (3) Seniority.

36.22(3)(a) (a) In the case of layoffs of faculty members due to a budget or program decision requiring a program change, layoffs shall follow seniority unless a clear and convincing case is made that program or budget needs dictate other considerations such as the need to maintain diversity of specializations within a department.