CHAPTER 4C - PERSONNEL RULES

SECTION 12 OVERVIEW OF THE PROCESS AND PROCEDURES FOR REVIEW HEARING OF LAYOFF/TERMINATION OF FACULTY FOR FINANCIAL EMERGENCY UNDER UWSP 5.12

(See Chapters UWS 5 & UWSP 5)

(To see who has authority to approve changes to this section, please see the Approval of Changes page).

INTRODUCTORY COMMENTS.

Applicable Documents.

A faculty member who has received notification of layoff or who is contemplating a request for hearing on layoff or termination is advised to become familiar with

• Chapters UWSP 1-6 (see 4A.2), the institutional faculty personnel rules;

• departmental personnel rules and procedures;

• appropriate sections of the Wisconsin Administrative Code, the UW System faculty personnel rules;

• Chapters 227.45 and 227.46 of the Wisconsin statutes; and

• related documents in this handbook.

Counsel.

A faculty member who has received notification of layoff or who is contemplating a hearing on layoff or termination may wish to seek advice from senior faculty familiar with the policies and procedures, and is advised to retain legal counsel. The right to be represented at hearings by individuals of the faculty member’s choice is guaranteed under Chapters UWS 5 and UWSP 5 (see 4A.2).

Time Limits.

Termination of Appeal.

Failure to meet any time limits established by these procedures will likely end the proceedings. A faculty member considering an appeal of notification of layoff or termination is urged to review these procedures and to act promptly.

Length of Process.

The time limits are intended to ensure action within a reason-able time period; nevertheless, the appeal process may be lengthy. The deliberative process in particular may take several months to conclude: the issues are significant; there is no limit on the number of deliberative sessions which may be held; and there is no limit on the length of the recesses which may occur between sessions.

Presence at Meetings.

No Exclusions.

Under the provisions of 19.89 of the Open Meetings Law, no member of a governmental body may be excluded from any meeting of the body. In addition, no member may be excluded from meetings of the body’s subunits unless the rules of the body specifically state otherwise.

Personnel Matters.

No faculty member under consideration for any personnel matter may be excluded from a department or unit meeting at which the matter is to be considered, even if the meeting is moved into closed session. No faculty member may be excluded from any departmental or unit committee meeting at which the matter is to be considered unless departmental or unit rules specifically state to the contrary.

Right to Open Meeting.

19.85 Wis. Stats.

Under the provisions of the Open Meetings Law, a faculty member has the right to request and receive an open evidentiary hearing for any meeting of a unit or subunit involving consideration of dismissal for that individual.

NOTE.

1. Although layoff for financial emergency is not considered dismissal under Board rules, it is likely that layoff is dismissal for purposes of the Open Meetings Law.

2. A meeting with an administrator for the purpose of discussion of possible layoff, even where the end result of the discussion may be a recommendation to lay off, is not subject to the provisions of the Open Meetings Law: an individual administrator is not a “formally constituted subunit.”

Under the Open Meetings Law, even when departmental or unit policies provide that subunit or committee meetings be restricted to members of the subunit or committee, any faculty member under consideration has the right to request and receive an open meeting for the portion of the meeting that constitutes an evidentiary hearing involving consideration of dismissal of that individual.

Departmental Policies.

Normally, unit/departmental policies will require a written request for an open meeting reasonably in advance of the meeting.

Declaration of Financial Emergency.

Board.

Before any member of the faculty may receive notification of layoff from the chancellor, the Board, under the provisions of UWSP 5.02 (see 4A.2), shall have declared a state of financial emergency to exist for UWSP.

Chancellor.

Before a declaration of financial emergency by the Board, the chancellor shall have consulted with the Faculty Advisory Committee as specified in UWSP 5.04 and 5.05; shall have met the requirements of 5.04 and 5.05; and shall have made appropriate recommendations to the president and the Board pursuant to UWSP 5.06 (see 4A.2).

Department.

After a Board declaration of financial emergency and before notification to any faculty, the tenured members of the affected department(s) shall make recommendations for layoff under the provisions of UWSP 5.07 and 5.08 (see 4A.2).

Notification.

A faculty member whose position has been recommended for elimination shall already have received prompt written notification from the chancellor. Written notification of layoff or termination shall include

• a summary of the reasons and evidence supporting the declaration of financial emergency;

• reasons and data leading to the selection of the colleges, schools, departments, or programs selected for reductions;

• the basis on which the individual position was identified, and the criteria, data, and reasons supporting the choice;

• the effective date of the layoff; and

• a copy of Chapter UWSP 5 (see 4A.2) and these policies and procedures.

Effective date of layoff.

Notification of layoff shall be given not less than 12 months prior to the effective date. The effective date shall coincide with the end of the academic year for an academic year appointment and shall be June 30 for an annual appointment.

Termination.

During the notification period and prior to layoff, the chancellor may offer and the faculty member may accept either

• terminal leave and retirement, or

• relocation leave accompanied by resignation.

Acceptance of either ends the faculty member’s association with the UW System at the end of the leave period.

Entitlement to review.

A faculty member who has received notification of layoff is entitled to a review before a hearing committee of the Faculty Mediation Subcommittee on whether the layoff decision is appropriate.

• A faculty member who requests a review may not question the existence of a state of financial emergency or the designation of the area(s) in which faculty positions are to be eliminated.

• If a faculty member does not request a hearing, the chancellor’s recommendation is considered proper and forwarded to the president of the System and the Board.

FILING REVIEW REQUEST.

Written Request.

Upon receipt of notification of designation for layoff, the faculty member has 20 days in which to request a review hearing by the Faculty Mediation Subcommittee.

• Failure to meet the 20 day deadline will likely end the opportunity for a hearing.

• The request shall be in writing and addressed to the chairperson of the subcommittee.

• As the burden of proof is on the faculty member to establish a prima facie case that the decision was improper, the request shall state specifically the grounds upon which the faculty member is seeking to establish the impropriety of the layoff decision.

• The request for review may also include a request for relevant information supplementary to that contained in the letter of notification.

No Request Filed.

If a faculty member notified of layoff does not file a request for hearing with the Faculty Mediation Subcommittee, the Board will take appropriate action under UWSP 5.14 upon receipt of the recommendation of the chancellor.

Required Action.

Notification.

If the chairperson determines that the individual requesting the hearing holds a faculty appointment, the chairperson will:

• contact the faculty member to determine that the written request contains all pertinent facts, and to remind the faculty member of the right of access to all evidence upon which the administration intends to rely to support the decision to lay off;

• provide written notification of the request for hearing to the chancellor so System legal counsel may be advised a case is pending;

• begin a file of all correspondence concerning the hearing, which will be passed on to the chairperson of the hearing committee;

• provide written notification to the faculty member, the faculty member’s department chairperson, the dean, the vice chancellor, the chancellor, and the chairperson of the Common Council that an review hearing is in progress; and

• provide copies of all correspondence to the

o faculty member;

o hearing committee members; and

o chancellor.

Appointment of Hearing Committee.

The chairperson will also appoint a hearing committee composed of a minimum of 5 persons, at least 3 of whom must be members of the Faculty Mediation Subcommittee. There will be broad representation from the university but not necessarily a member from each college.

• Normally, at least 3 of the appointed members shall have had either

o previous experience as a member of a hearing committee under either UWSP 3.08, 3.08m, 4.04, 5.12, 6.01, 6.02, 10.04, 11.04 (see 4A.2), or other similar hearing, or

o orientation and training for a hearing procedure.

• One member, who normally shall have had previous experience as a member of a hearing committee under either UWSP 3.08, 3.08m, 4.04, 5.12, 6.01, 6.02, 10.04, 11.04 (see 4A.2), or other similar hearing, shall be designated as the chairperson of the committee.

• The following faculty members may not serve on the hearing committee:

o anyone who is a member of the University Planning Committee or any of its subcommittees which participated in the consultation regarding declaration of financial emergency;

o anyone who is a member of the faculty member’s department;

o anyone who assisted or consulted with the department regarding individual designations for layoff; and

o anyone who is a material witness.

• If qualified, the chairperson of the Faculty Mediation Subcommittee may serve as either a member or as chairperson of the hearing committee.

• Reasonable effort will be made to ensure that the members of the hearing committee are acceptable to both parties in the hearing process.

o Normally, this will be accomplished by informal contact with the proposed members and the parties to the hearing before the formal appointment.

o The decision of whom to appoint is solely that of the chairperson of the subcommittee.

• After the committee is appointed, the faculty member has the unrestricted right to challenge and remove 1 member from the hearing committee.

• The decision on other challenges to committee members shall be made by the committee, excluding the member under challenge.

o If members are disqualified or disqualify themselves, the remaining members consult with the chairperson of the Faculty Affairs Commit-tee and the chairperson of the Faculty Mediation Subcommittee and appoint other members to serve.

Hearing Date.

The hearing committee shall meet to hear the matter within 20 days of receipt of the request for a hearing, except that this time limit may be extended by mutual consent of the parties or by order of the hearing committee. The faculty member requesting a hearing must receive written notice of the hearing at least 10 days prior to the hearing.

Hearing Committee Chairperson’s Responsibilities.

Once the hearing committee is appointed, the chairperson of the hearing committee assumes responsibility for the hearing process. The chairperson shall:

• conduct the hearing under the provisions of UWS 5.11/UWSP 5.11 through 5.14 (see 4A.2) , the provisions of Chapter 227.45 and 227.46, these policies and procedures, and the guidelines for hearings (which may be found in the following subsection or requested from the chairperson of the Faculty Mediation Subcommittee);

• establish appropriate communication with the chancellor, vice chancellor, the faculty member, the appropriate dean and department chairperson, and the chairperson of the Common Council, and keep each informed of the proceedings in the hearing;

• keep records of all correspondence among all the principals from the initiation of the hearing through its conclusion;

• appoint a secretary for the hearing committee (normally an associate vice chancellor), and provide for a verbatim transcript of the hearing (usually a sound recording);

• secure appropriate facilities, schedule evidentiary hearings, and provide notices to conform with the Open Meetings Law;

• secure appropriate facilities and schedule and conduct deliberative sessions in which the committee formulates its findings and recommendations;

• prepare a summary of the evidence and the written report of the committee’s findings and recommendations and transmit these materials and a verbatim record of the hearing to the faculty member and to the chancellor (for transmittal to the Board pursuant to the provisions of UWSP 5.14), and send copies of the summary and the report to the faculty member’s department chairperson and dean, to the chairperson of the Common Council, and to the vice chancellor;

• send a copy of the hearing procedures with each written notification of the hearing, and

• send written notification of the hearing to the faculty member, the chancellor, the vice chancellor, the appropriate dean, the department chairperson, and witnesses asked to appear on behalf of the parties or called by the hearing committee.

Written notification of the hearing shall include statements

o of the date, time, and place of the hearing;

o that all parties may be represented by an individual(s) of their choice, which may include legal counsel;

NOTE. If counsel has been requested by the committee from the chancellor, notice will include a statement that the committee will have legal counsel present at the hearing.

o that normally, by a vote of the committee, the evidentiary hearing and the deliberative sessions will be closed but the faculty member, upon timely written request to the chairperson, has the right to request an open evidentiary hearing and any such request must be honored;

o of whether the faculty member has requested an open evidentiary hearing;

o that both parties have a right to copies of all documentary evidence relevant to the hearing;

o that the faculty member must establish a prima facie case that improper factor(s) enumerated in UWSP 5.12 (2)(a), (b), or (c) (see 4A.2) significantly entered into the decision to lay off or the committee, in deliberative session, must find the decision to have been proper, and adjourn the hearing;

NOTE. Hearings under 5.12 may require 2 evidentiary sessions and 2 deliberative sessions. These are explained later, under “Procedure for Evidentiary Hearing and Deliberative Meeting.”

o that if a prima facie case is established, the hearing shall be reconvened and the chancellor or a designee afforded an opportunity to present evidence to support the decision, after which the faculty member may present evidence in rebuttal;

o that after hearing all the evidence, the committee must make its determination as follows–

 The committee first determines whether 1 or more improper factors entered into the decision to lay off. Unless the committee is convinced that an improper factor entered significantly into the decision, it must find the decision to have been proper.

 If the committee finds 1 or more improper factors may have entered into the decision but is nonetheless convinced that the same decision would have been reached had the error(s) not occurred, it must find the decision to have been proper.

 If the committee is convinced that 1 or more improper factors entered significantly into and affected the decision, it must find the decision to have been improper.

o that all parties, including witnesses, are expected to provide to the hearing committee chairperson sufficient copies of their testimony for all other parties, and that these materials should be provided in sufficient time prior to the hearing for distribution to all parties, but that failure to provide such copies will not preclude an individual from giving testimony;

o that either party may call persons to offer evidence or testimony;

o that both parties will be sent a list of the names of any persons to be called by either party, or by the hearing committee;

o that either party may offer testimony from any source;

o that the hearing committee is not bound by statutory rules of evidence but may hear testimony having reasonable probative value;

o that both parties have the right, under guidelines established by the chairperson, to question persons offering testimony;

o that adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made;

o that any personal notes made during the procedures and retained by a participant are subject to subpoena if the appeal is not resolved at the institutional or System level and becomes a legal matter;

o that a quorum for the evidentiary hearing consists of 4 members of the hearing committee;

o that a quorum for the deliberative sessions consists of 4 members of the hearing committee, except that in an emergency, the chairperson may declare a quorum when only 3 members are present;

o that the hearing committee shall give a report of its findings and decision to the chancellor, the vice chancellor, the appropriate dean, the faculty member’s department chairperson, the chairperson of the Common Council, and the faculty member; and

o that the faculty member’s and the chancellor’s copies shall be accompanied by both a verbatim record of the hearing and a summary of the evidence, unless the faculty member is represented by counsel, in which case the verbatim record and summary shall be sent to counsel.

GUIDELINES FOR HEARINGS.

Quorum, Notice, and Confidentiality.

Quorum.

While all 5 members will be present whenever possible, a quorum for the hearing and for meetings of the hearing committee consists of 4 members of the committee.

In an emergency, the chairperson of the hearing committee has the discretion to declare a quorum for deliberative sessions when only 3 members of the hearing committee are present.

Notice.

Notices of meetings shall be sent to the University Newsletter for publication (without identifying the faculty member) and shall indicate whether the meetings will be open or closed.

Confidentiality.

Committee.

All matters related to the faculty member and the hearing are maintained in the strictest confidentiality by hearing committee members, except as may be necessary to meet provisions of the Open Meetings Law or other similar statutory, administrative rule, or faculty governance requirements.

Documents.

Following the conclusion of all deliberations and the submittal of the hearing committee’s report, the chairperson shall collect all drafts and other documents related to the hearing from the members of the committee, from any appointed secretary, and from all other parties except the faculty member and faculty member’s representative(s). All minutes and materials provided by the parties and not forwarded to the chancellor as a part of the report shall be sealed and filed in the office of the chancellor for a period of 5 years, after which they shall be destroyed as permitted under the Public Records Law.

NOTE. Participants are reminded that any personal notes made during the procedures and retained after the hearing are subject to subpoena if the appeal is not resolved at the institutional or System level and becomes a legal matter.

Evidentiary and Deliberative Sessions.

The hearing process consists of an evidentiary hearing and a deliberative meeting.

Evidentiary Hearing.

The purpose of the initial session of the evidentiary hearing is to provide an opportunity for the faculty member to present evidence that 1 or more improper factors in UWSP 5.12 (2)(a), (b), or (c) (see 4A.2) entered into the decision to lay off. The faculty member has the right to be represented by another individual(s), which may be legal counsel. The hearing committee is not bound by legal rules of evidence. The committee must make a verbatim record of the hearing.

Deliberative Session.

After the faculty member has presented evidence, the hearing committee deliberates on whether the evidence presented constitutes a prima facie case that 1 or more improper factors entered into the decision to lay off.

• If the hearing committee finds no case established, it finds the decision to have been proper, reports its findings to the faculty member and the chancellor, and adjourns.

• If the hearing committee finds that improper factors entered into the decision, it reconvenes in a second evidentiary hearing.

Second Evidentiary Hearing Session.

If the committee finds that a prima facie case was established, the chancellor or a designee is entitled to present evidence to support the layoff decision.

• Following the administration’s presentation, the faculty member may present evidence in rebuttal.

• Following the faculty member’s rebuttal presentation, if any, the committee reconvenes in a second deliberative session.

Second Deliberative Session.

The purpose of the second deliberative meeting is for the hearing committee to reach its conclusions, after which the chairperson of the hearing committee shall prepare a summary of the evidence and write a draft report of the findings and recommendations of the hearing committee. Each member of the hearing committee shall sign the final report or file a dissent. The report shall be distributed as soon as feasible following the close of deliberations.

Closed and Open Sessions.

General Guideline.

Evidentiary hearings and deliberative meetings will normally be closed, as permitted by the Open Meetings Law, unless the chairperson of the hearing committee receives from the faculty member a written request for an open evidentiary hearing, in which case all evidentiary sessions shall be open. Closed meetings require a majority vote of the hearing committee, by a roll call vote.

Evidentiary Hearings: Who May Attend/Speak.

Closed Hearings.

If the evidentiary hearing is closed, only parties directly involved in the hearing may attend. Those permitted to attend, who may speak when recognized by the chairperson for that purpose, are

• members of the hearing committee;

• the faculty member;

• the chancellor or a designee;

• representatives for the parties;

• witnesses for the parties;

• individuals specifically called or designated by the hearing committee, which may include legal counsel; and

• an appointed secretary, who need not be a member of the committee.

Open Hearings.

If the evidentiary hearing is open, anyone may attend but only those parties directly concerned with the hearing (delineated above) and recognized for the purpose of speaking by the chairperson of the hearing committee are permitted to speak.

Deliberative Meetings: Who May Attend/Speak.

Only members of the hearing committee, an appointed secretary (who need not be a member of the committee), and the committee’s legal counsel (if any) are permitted to attend, and may speak when recognized by the chairperson for that purpose. Only members of the hearing committee participate in determining findings of fact and decision.

Procedure for Evidentiary Hearing and Deliberative Meeting.

Introduction.

A copy of these procedures may be requested from the chairperson of the Faculty Mediation Subcommittee or the Associate Vice Chancellor for Personnel, Budget, and Grants.

Presiding Officer.

The chairperson of the hearing committee convenes the hearing and serves as presiding officer. The chairperson assumes all the normal responsibilities of a committee chairperson and rules on such questions as may arise on the procedure of the hearing, admissibility of evidence, and all other matters related to the hearing.

If the committee has legal counsel, the chairperson may request the advice of counsel on all matters pertaining to the hearing.

Evidentiary Hearing.

The evidentiary hearing normally proceeds in the order described here, but the chairperson may change the order as circumstances may require.

• Call to order; introduction of members of the committee and of the secretary.

• Explanation of the Open Meetings Law and either

o explanation of limitations of open meetings, if an open hearing has been requested, or

o a request for a motion to close the hearing under the appropriate section(s) of 19.85 Wis. Stats. [19.85 (a), (b), (c), or (f)], and a roll call vote on the motion.

• Introduction of the faculty member, and the faculty member’s representative(s), if any.

• Introduction of the chancellor or the chancellor’s designee, and the administration’s representative(s), if any.

• Announcement that

o the initial session affords the faculty member the opportunity to establish a prima facie case that 1 or more improper factors entered into the decision to lay off;

o following the faculty member’s presentation of evidence and testimony, the hearing will be recessed to a deliberative session; and

o depending upon the committee’s findings, the hearing will either be

 reconvened and adjourned following an announcement that no prima facie case was established, or

 reconvened to permit the chancellor or a designee to present evidence in support of the decision.

• Presentation of the faculty member’s case by the faculty member or the faculty member’s representative, but not the testimony of witnesses.

• Questions of the faculty member by the administration or the administration’s representative.

• Presentation of witnesses on behalf of the faculty member.

• Questions of witnesses by the administration or the administration’s representative.

• Rebuttal questions of witnesses by the faculty member or the faculty member’s representative.

• Presentation by any witnesses who may have been called by the hearing committee.

• Questions of committee witnesses by the administration or the administration’s representative.

• Questions of committee witnesses by the faculty member or the faculty member’s representative.

• Questions of all witnesses by members of the hearing committee.

• Recess of the evidentiary hearing.

If the deliberative meeting does not follow immediately after the evidentiary hearing, the chairperson will request a motion to recess the hearing and to reconvene at the deliberative meeting [if possible, the date and time of the session will be included in the motion to recess], and shall conduct a roll call vote on the motion.

Deliberative Meeting: Issue for Determination.

The committee’s sole determination at this point is whether the faculty member established a prima facie case that 1 or more improper factors entered into the decision to lay off.

No Prima Facie Case Established.

If the committee finds that no prima facie case was established, the hearing shall be reconvened and the chairperson will announce the decision, indicate that the committee’s report of findings will be forthcoming to the faculty member and the chancellor as soon as feasible, and adjourn the hearing.

The committee will reconvene in deliberative meeting to prepare its report of its findings and recommendation prepared as described below.

Prima Facie Case Established.

If the committee finds that a prima facie case was established, the hearing shall be reconvened, the chairperson will announce the decision, and proceed with the second part of the evidentiary hearing.

Determination by Vote.

Decisions on the establishment of a prima facie case shall be determined by a majority of the members of the hearing committee. The vote shall be a roll call vote, which shall be recorded.

Second Evidentiary Hearing Session.

• Presentation of the administration’s case in support of the layoff decision, but not the testimony of witnesses other than the faculty member (if the faculty member is called by the administration).

• Questions of the administration by the faculty member or the faculty member’s representative.

• Presentation of witnesses on behalf of the administration.

• Questions of the witnesses by the faculty member or the faculty member’s representative.

• Rebuttal questions of witnesses by the administration or its representative.

• Presentation by any witnesses who may have been called by the hearing committee.

• Questions of committee witnesses by the administration or the administration’s representative.

• Questions of committee witnesses by the faculty member or the faculty member’s representative.

• Questions of all witnesses by members of the hearing committee.

• Rebuttal or closing comments by the administration or the administration’s representative.

• Rebuttal evidence by the faculty member or the faculty member’s representative, which may include the calling of additional witnesses or the recall of witnesses previously called.

• If the faculty member calls any witnesses in rebuttal, the administration and then the committee have the opportunity to question those witnesses.

• Rebuttal or closing comments by the faculty member or the faculty member’s representative.

• Questions of the administration by members of the hearing committee.

• Questions of the faculty member by members of the hearing committee.

• Rebuttal questions of the administration by members of the hearing committee, if any.

• Conclusion of the evidentiary hearing.

Second Deliberative Session.

The hearing committee shall deliberate on the hearing and shall write a summary of the evidence and a report which includes the findings of law and decision, and the recommendations of the committee.

Findings.

No Case Established.

If the faculty member did not establish a prima facie case in the initial part of the hearing, the committee shall find the decision to have been proper and reports this finding to the chancellor, to the faculty member, and the other parties receiving copies of the report (enumerated below).

Case Established.

If the faculty member did establish a prima facie case and the hearing moved into the second part of the hearing, the hearing commit-tee shall make its determination as follows:

• The committee shall first consider whether 1 or more improper factors in UWSP 5.12 (2)(a), (b), or (c) (see 4A.2) entered into the decision to lay off.

Unless the committee is convinced that 1 or more improper factors did enter significantly into the decision, it shall find the decision to have been proper.

• If the committee believes that improper factors may have entered into the decision but is nonetheless convinced that the same decision would have been reached had the error(s) not occurred, it shall find the decision to have been proper.

• If the committee is convinced that improper factors entered significantly into and affected the decision to lay off, it shall find the decision to have been improper.

Determination of Findings.

Decisions on the validity of the layoff and on any recommendations shall be determined by a majority of the members of the hearing committee. The vote shall be a roll call vote, which shall be recorded.

Decision and Recommendations.

The committee shall send its report of findings, decision, and recommendations, if any, to the chancellor as soon as feasible following the conclusion of the deliberative session(s).

• If the committee finds the decision to lay off to have been proper, it shall so report, normally without recommendation.

• If the committee finds the decision to have been improper, it shall so report and may elect to make a recommendation, not limited because of enumeration, to

• discontinue layoff proceedings entirely; or

• rescind the notification of layoff for the individual and begin the layoff process anew.

Report.

At an appropriate time in the deliberations, the chairperson shall recess the meeting and shall prepare a summary of the evidence and a draft report. The draft shall be circulated among the members, after which the committee shall reconvene to review the draft and make appropriate modifications. After the report has been adopted by the hearing committee, each member of the committee shall sign the report or file a dissent.

• The report shall be adopted by a majority of the members of the hearing committee. The vote shall be a roll call, which shall be recorded.

• The report shall be distributed as soon as feasible after the close of deliberations but not later than 20 days following adjournment.

• The chairperson provides a verbatim record of the hearing, a summary of the evidence, and a copy of the report to both the faculty member and the chancellor, and a copy each of the report to the vice chancellor, the appropriate dean, the faculty member’s department chairperson, and the chairperson of the Common Council.

Chancellor’s Action.

Decision Found Proper.

If the committee has found the decision to have been proper, the chancellor forwards the committee’s report to the president of the system and to the Board with a recommendation, and provides a copy of the recommendation to the faculty member.

Board Review.

The faculty member may request a review by the Board. The Board decides whether to grant the review. (Refer to UWSP 5.15 for Board review process.)

Review Not Granted.

If the Board chooses not to grant a review, the recommended findings of fact and decision of the committee must be the decision of the Board.

Decision Found Improper.

If the committee has found the decision to have been improper, the chancellor shall review and give careful consideration to the commit-tee’s findings.

Recommendation Accepted.

If the chancellor accepts the committee’s findings, the chancellor’s decision is final.

Recommendation Not Accepted.

If the chancellor contests the committee’s finding that the decision was improper, the chancellor shall forward the verbatim record, the summary of the evidence, and the committee’s report of findings and recommendations to the Board review panel (refer to UWSP 5.15).

• The faculty member and chancellor also receive copies of the materials forwarded to the Board and shall have a reasonable opportunity to file written exceptions to the summary, findings, and proposed decision.

• The faculty member and the chancellor are afforded the opportunity to argue orally and in writing before the Board review panel.

• The decision of the Board review panel is final.