Skip to Main Content
Navigated to 4B.4: Overview of the Process and Procedures for Faculty Appeal of Nonrenewal of Probationary Appointment (UWSP 3.07 and 3.08) and Denial of Tenure (UWSP 3.07 and UWSP 3.08m).

CHAPTER 4B PERSONNEL RULES

SECTION 4: OVERVIEW OF THE PROCESS AND PROCEDURES FOR FACULTY APPEAL OF NONRENEWAL OF PROBATIONARY APPOINTMENT (UWSP 3.07 and UWSP 3.08) and DENIAL OF TENURE (UWSP 3.07 and UWSP 3.08m)

(See Chapters UWS 3 & UWSP 3)

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

INTRODUCTORY COMMENTS.

Coverage.

These proceedings apply to all instances in which a faculty member on probationary appointment has not been retained or when a faculty member on probationary appointment has not been granted tenure. Nonrenewal and denial of tenure may occur simultaneously or as separate actions.

Applicable Documents.

A faculty member contemplating an appeal after having received notice of nonrenewal or denial of tenure is advised to become familiar with

• Chapters UWSP 1-6, the institutional faculty personnel rules;

• departmental personnel rules and procedures;

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

• related documents in this handbook.

Counsel.

A faculty member contemplating an appeal may wish to seek advice from senior faculty or legal counsel familiar with the policies and procedures. The right to be represented at hearings by an individual (or individuals) of the faculty member’s choice is guaranteed under these procedures.

Decisions and Recommendations Distinct; Which May Be Appealed.

Decisions.

Decision-making Authority.

Decisions regarding retention or granting of tenure are made at only 2 levels, the department and the chancellor (or the chancellor’s designee).

NOTE. This can be very confusing, especially since Chapters UWS 3 and UWSP 3 (see 4A.2) talk of departmental recommendations. To be absolutely accurate, one would say that a departmental action supporting appointment, reappointment, or tenure is a recommendation, since the chancellor need not accept the department’s decision. However, an action denying appointment, reappointment, or tenure is always a decision since the chancellor cannot appoint or reappoint absent the affirmative recommendation of the department, and the Board cannot award tenure without the affirmative recommendation of the department except under extremely narrow circumstances.

If the department says yes, the chairperson, dean, and vice chancellor may all recommend no, and the chancellor will decide. If the department says no, that ends the matter unless there is an appeal. In forwarding the department’s decision to the chancellor via the dean and vice chancellor, the chairperson’s separate recommendation, if different from the decision of the department, would not affect the decision.

Subject to Appeal.

Faculty have the right to appeal a decision not to renew or not to grant tenure, whether at the department level or at the chancellor’s level. The right of appeal of an adverse decision by the chancellor includes the right of appeal of an adverse decision by a chancellor’s designee.

Recommendations.

Recommending Authority.

Recommendations regarding retention or the granting of tenure may be made by a faculty member’s department chairperson or dean, or by the vice chancellor.

Not Subject to Appeal.

A recommendation not to renew or not to grant tenure is not subject to appeal. However, faculty who appeal an adverse decision may call as a witness any person who made an adverse recommendation to the individual making the decision.

Burden of Proof and Scope of Appeals.

Burden of Proof.

The burden of proof in an appeal of nonrenewal or denial of tenure is on the faculty member.

Scope of Appeals.

The scope of the appeal shall be limited to whether material prejudice to the individual resulted because the decision was based in any significant degree upon

• conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom; or

• factors proscribed by applicable state or federal law regarding fair employment practices; or

• improper consideration of qualifications, which shall be deemed to have occurred if material prejudice resulted because

o procedures required by the faculty or Board were not followed; or

o available data bearing materially on the quality of performance were not considered; or

o unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.

Outcomes.

Following a hearing on an appeal, the hearing committee issues its report of findings and recommendations. If the committee finds for the appellant, it recommends an appropriate remedy. Potential remedies are described in some detail on the last page of this explanation of the process and procedure.

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 nonrenewal or denial of tenure is urged to review these procedures and to act promptly.

Length of Process.

The time limits are intended to ensure action within a reasonable 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.

Action on Nonrenewal.

The university will proceed on a nonrenewal decision even if an appeal is in progress in order to meet obligations to provide adequate notice of nonrenewal as prescribed in UWSP 3.09 (see 4A.2).

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 that body. In addition, no member may be excluded from meetings of the body’s subunits unless the rules of the parent body specifically state otherwise.

Right to Open Meeting.

Under the provisions of UWSP 3.06 (1)(d), a probationary faculty member has the right to request and receive an open meeting for any meeting of a department or unit or subunit involving an evidentiary hearing or final action on consideration of tenure for that individual.

Meetings to consider retention of probationary faculty shall normally be held in closed session.

NOTE. A meeting with an administrator for the purpose of performance evaluation, even where the end result of the discussion will be a recommendation on retention or the granting of tenure, is not subject to the provisions of the Open Meetings Law: an individual administrator is not a “formally constituted subunit.”

19.85 Wis. Stats.

Under the Open Meetings Law, even when departmental policies provide that subunit or committee meetings be restricted to members of the subunit or committee, a 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 or final action on consideration of tenure for that individual.

Departmental Policies.

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

DESCRIPTION OF NONRENEWAL PROCESS.

Outline.

The outline at the end of this subsection gives the steps which must be taken by the appellant, the relevant university body, the Faculty Mediation Subcommittee, and the hearing committee. It also gives the time limits for each step. The sequence of steps is mandatory, but some time limits may be extended by mutual consent of the parties or by order of the hearing committee. The outline deals specifically with appeals of nonrenewal but the process for an appeal of denial of tenure is virtually the same; the possible remedies are different.

Statement of Reasons.

Request.

Once a non-retention notice has been received from the department or chancellor, the faculty member has the right to request and receive a written statement of reasons by the decision-maker.

Time Limit.

The written request for those reasons must be made within 10 days of receipt of the non-retention notice. This written statement of reasons is required before a reconsideration or (subsequent) appeal may be implemented. The statement of reasons also becomes a permanent part of the individual’s personnel file.

File Responses.

Faculty members have the right to review their own personnel files. Faculty members also have the right to make written responses to any statements in the files and to have those responses placed in the files.

Reconsideration.

Request.

Within 10 days of receipt of the written reasons, the faculty member has the right to request a reconsideration by the decision-maker. Any written request for reconsideration must be granted. The faculty member also has the right of access to all materials which may have a direct bearing on a presentation at the reconsideration meeting.

Time Limit.

Any reconsideration must be held within 20 days of receipt of the request for reconsideration, except that this time limit may be extended by mutual consent of the parties.

Decision Reversed.

If reconsideration results in a decision favorable to the faculty member, the reconsideration decision supplants the original and the positive recommendation is sent forward to the next appropriate level.

Decision Affirmed.

If reconsideration affirms the initial decision, the faculty member may either drop the matter or proceed to an appeal.

FILING AN APPEAL.

Written Request.

Upon receipt of written notification that non-retention or denial of tenure was affirmed in the reconsideration, the faculty member has 20 days in which to request a hearing by the Faculty Mediation Subcommittee.

• Failure to meet the 20 day deadline is likely to end the appeal.

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

• The request should provide a historical resume of all actions taken to this point and must state clearly and specifically the precise foundation on which the appeal is to be based.

• UWSP 3.08 and UWSP 3.08m (see 4A.2) detail the acceptable bases for an appeal.

Required Action.

Notification.

If the chairperson determines that the appellant holds a faculty appointment, the chairperson will

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

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

• provide written notification to the chairperson of the appellant’s depart-mental personnel committee, the department chairperson, the dean, the chancellor, and the chairperson of the Common Council that an appeal is in progress; and

• provide copies of all correspondence to the

o appellant;

o hearing committee members; and

o the decision-maker(s).

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, UWSP 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, UWSP 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.

• No individual who participated in the nonrenewal decision, or who is a material witness, or who is a member of the appellant’s department may sit on the hearing committee.

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

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

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

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

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

• In addition to the appointed members, the chairperson of the Faculty Mediation Subcommittee will be an ex officio member of the hearing committee. However, the subcommittee chairperson will not cast a vote except to break a tie.

Hearing Date.

The hearing committee must meet to hear the matter within 20 days of receipt of the request for an appeal, 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 10 days’ notice of the hearing.

Hearing Committee Chairperson’s Responsibilities.

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

• conduct the hearing under the provisions of UWS/UWSP 3.08 or 3.08m (see 4A.2), as appropriate, these policies and procedures, and the guidelines for appeal hearings (which may be found in the next subsection);

• establish appropriate communication with the chancellor, vice chancellor, appellant, appropriate dean, department chairperson, and departmental personnel committee chairperson, and keep each informed of the proceedings in the appeal;

• keep records of all correspondence among all the principals from the initiation of the appeal 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 the written report of the committee’s findings and recommendations and transmit the committee’s report to the chancellor and other appropriate parties;

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

• send written notification of the hearing to the appellant, the decision-maker(s), other involved individuals, and witnesses asked to appear on behalf of the parties or called by the hearing committee.

Written notification of the hearing must 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;

o that normally, by a vote of the committee, the evidentiary hearing and the deliberative sessions will be closed but the appellant, upon timely written request to the chairperson, has the right to request an open evidentiary meeting. Any such request in the case of an appeal of denial of tenure shall be honored.

o of whether the evidentiary hearing and the deliberative meeting will be closed or open;

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

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 will be granted to enable either party to investigate evidence as to which a valid claim of surprise is made;

o that the appellant has the right to a verbatim record of the hearing, which may be a sound recording, at no cost;

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 burden of proof as to the validity of the appeal is on the appellant; and

o that the hearing committee will give written statements of its findings and recommendations to the chancellor, vice chancellor, appropriate dean, department chairperson, appellant, and decision-maker(s).

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 must be sent to the University Newsletter for publication (without identifying the appellant) and must indicate whether the meetings will be open or closed.

Confidentiality.

Committee.

All matters related to the appellant and the appeal 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 will collect all drafts and other documents related to the appeal from the members of the committee, from any appointed secretary, and from all other parties except the appellant and the appellant’s representative(s). All minutes and materials provided by the parties and not forwarded to the chancellor as a part of the report will be sealed and filed in the office of the chancellor for a period of 5 years, after which they will 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 appeal process consists of two parts, an evidentiary hearing and a deliberative meeting.

Evidentiary Hearing.

The purpose of the evidentiary hearing is to determine the facts of the situation. Both parties may provide evidence at the evidentiary hearing and both parties have 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 burden of proof is on the appellant.

Deliberative Meeting.

The purpose of the deliberative meeting is for the hearing committee to reach its conclusions, after which the chairperson of the hearing committee will write a draft report of the findings and recommendations of the hearing committee. Each member of the hearing committee must sign the final report or file a dissent. The report will be distributed within 10 days of 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 except the evidentiary meeting on an appeal of a tenure denial will be open if requested by the appellant. 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 appeal may attend. Those permitted to attend, who may speak when recognized by the chairperson for that purpose, are

• members of the hearing committee;

• the appellant;

• the maker(s) of the decision under appeal;

• 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 appeal 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.

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 meeting has been requested, or

o a request for a motion to close the meeting 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 appellant, and the appellant’s representative(s), if any.

• Introduction of the decision-maker(s), and the decision-maker’s representative(s), if any.

• Presentation of the appeal by the appellant or the appellant’s representative but not the testimony of witnesses.

• Questions by the decision-maker or by the decision-maker’s representative.

• Presentation of witnesses on behalf of the appellant.

• Questions of appellant’s witnesses by the decision-maker or by the decision-maker’s representative.

• Presentation of all relevant materials by the decision-maker or by the decision-maker’s representative but not the testimony of witnesses.

• Questions by the appellant or the appellant’s representative.

• Presentation of witnesses on behalf of the decision-maker.

• Questions of decision-maker’s witnesses by the appellant or the appellant’s representative.

• Questions of appellant’s and decision-maker’s witnesses by members of the hearing committee.

• Presentation by any witnesses who may have been called by the hearing committee and questions of these witnesses by members of the hearing committee.

• Questions of committee witnesses by the decision-maker or the decision-maker’s representative.

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

• Additional questions, if any, of witnesses by members of the hearing committee.

• Rebuttal or closing comments by the decision-maker or the decision-maker’s representative.

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

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

• Questions of the decision-maker by members of the hearing committee.

• Conclusion 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 will conduct a roll call vote on the motion.

Deliberative Meeting.

The hearing committee deliberates on the appeal and writes a report which includes the findings and recommendations of the committee.

Findings.

Basis.

A finding that the facts are as described by the appellant is not, by itself, enough to find that the appeal is valid. The facts must support the contention that at least 1 of the factors described under UWSP 3.08 (1) or UWSP 3.08m (2) (see 4A.2), as appropriate to the appeal, entered into the decision to a significant degree and with material prejudice to the appellant.

Burden of Proof.

The burden of proof is on the appellant to provide evidence that at least one impermissible factor entered into the decision to a significant degree and with material prejudice to the appellant.

Decision Upheld.

If the committee finds for the decision-maker, it recommends the appeal be denied. If the recommendation is accepted by the chancellor, the appeal is ended.

Decision Rejected.

If the committee finds for the appellant, it makes its recommendations to remedy the inappropriate behavior.

Recommendations.

Remand Required.

All cases under UWSP 3.08 and UWSP 3.08m (see 4A.2) must be remanded for reconsideration by the decision-maker(s) unless the hearing committee specifically finds that a remand would serve no useful purpose.

• Even if it remands the matter, the hearing committee retains jurisdiction until it is satisfied that appellant’s rights have not been violated.

Possible Remedies, UWSP 3.08.

If the committee finds that an appeal under UWSP 3.08 (see 4A.2) is valid, possible remedies include, but are not limited to

• reconsideration by the decision-maker(s);

• reconsideration by the decision-maker(s) under instructions from the committee; or

• a recommendation to the next higher decision-making level.

Possible Remedies, UWSP 3.08m.

If the committee finds that an appeal under UWSP 3.08m (see 4A.2) is valid, possible remedies include, but are not limited to

• reconsideration by the decision-maker(s);

• reconsideration by the decision-maker(s) under instructions from the committee; or

• where the committee specifically finds that impermissible factors were used as a basis for denial and that no useful purpose would be served by a remand for reconsideration, a recommendation that a special committee be convened under the provisions of UWSP 3.08 (5) (see 4A.2) to provide an independent recommendation for tenure.

Report.

At an appropriate time in the deliberations, the chairperson recesses the meeting and prepares a draft report. The draft is circulated among the members, after which the committee reconvenes to review the draft and make appropriate modifications. After the report has been adopted by the hearing committee, each member of the committee signs the report or files a dissent.

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

• The report shall be distributed not later than 10 days following the close of deliberations.

• The chairperson provides a verbatim record of the hearing and a copy of the report to the faculty member, and a copy each of the report to the chancellor, the vice chancellor, the appropriate dean, the department chairperson, the chairperson of the departmental personnel committee, and the decision-maker(s).

Chancellor’s Action.

The recommendations of the hearing committee become the decision of the chancellor within 30 days of the receipt of the committee’s report by the chancellor unless the chancellor modifies the recommendations.

• If the chancellor contemplates a decision substantially different from the recommendations of the committee, the chancellor shall afford the committee an opportunity to discuss the report and the chancellor’s proposed decision before written notification of decision to the appellant.

• The chancellor sends written notification of decision to the appellant and the chairperson of the hearing committee within 30 days of receipt of the report of the committee.

• The decision of the chancellor is final on such matters.

OUTLINE OF APPEAL PROCESS

Abbreviations used:

D=Dean;
VC=Vice Chancellor;
C=Chancellor;
PF=Personnel Files;
DC=Department Chair;
DPC=Department Personnel Committee;
FMS=Faculty Mediation Subcommittee;
HC=Hearing Committee

Step

initiated by/date

notify/copies to

references adm code uwsp pr (see 4A.2)

comments

  1. Non-retention notice

DC or C/varies

Faculty Member

3.09

Notice to be sent as soon as feasible following decision

  1. Written request for reasons for non-retention

DC or C

Faculty Member/10 days of receipt of notice from Step 1

3.07

  1. Written statement of reasons

DC or C/10 days

Faculty Member, PF, D, VC

3.07

Reasons are permanently filed in personnel files

  1. Written request for reconsideration of decision by department or C. This reconsideration must be within 20 days of this request

Faculty Members/10 days of receipt in Step 3

DC or C/PF

3.07

See departmental personnel rules; Faculty member has unimpeded, direct access to to all materials at any level (unless it is confidential at request begin of the faculty member) which have a bearing on reconsideration

  1. Written notification that non-retention was reaffirmed in the reconsideration process

DC or C

Faculty Member/PF, D, VC, C

3.07

  1. Written request for appeal under UWSP 3.08 (non-renewal) UWSP 3.08m (denial of tenure)

Faculty Member/20 days of receipt in Step 5

APPEAL

FMS Chair/DC, DPC Chair

UWSP 3.08 or UWSP 3.08m

Request should provide historical resume of actions to this point, must state specifically and clearly the precise foundation on which the appeal is being made

  1. Written acknowledgment of receipt of request in 6; appointment of 5 individuals (at least 3 are elected members of FMS) to HC

FMS Chair/Varies (but must allow sufficient time for Steps 8 and 9)

Faculty Member/DC, D, VC, C

UWSP 3.08 or UWSP 3.08m

FMS Chair will appoint HC and its own chairperson

  1. FMS chair determines if FMS has jurisdiction; if so, convenes HC to review procedures: HC sets hearing date

FMS Chair/10 days of receipt in Step 6 (to allow proper notice for Step 9)

Faculty Member/DC, D, VC,C

UWSP 3.08 or UWSP 3.08m

If FMS has jurisdiction, see Step 9; if not, FMS chair notifies faculty member

  1. Conduct appeal hearing; meeting normally closed by HC roll call vote unless appellant requests an open meeting

HC Chair/20 days (but faculty member must have 10 days’ notice of the hearing)

UWSP 3.08 or UWSP 3.08m

Both parties may provide evidence. Faculty members may want to have own legal counsel present*

  1. HC makes recommendations; meeting may be closed by majority roll call vote

HC Chair/within 7 days of end of Step 9

UWSP 3.08 or UWSP 3.08m

Wis. Stats. 19.85 (1) a allows for the closed meeting. There may be recesses during the deliberations

  1. Distribution of HC report

HC Chair/within 10 days of the end of Step 10

Faculty Member/C, VC, D, DC, decision maker(s)

UWSP 3.08 or UWSP 3.08m

NOTES :

Time limits in steps 2, 3, and 4 may be extended by mutual consent of the faculty member and DC (or appropriate administrative officer). Time limits in steps 6 through 9 may be extended by mutual consent of the faculty member and the HC or by order of the HC. Prior to step 7, the FMS may act for the HC in this regard.

*Legal counsel, at the time hired by the faculty member, should inform the FMS chairperson of counsel’s interest in the proceedings. From the time of receipt of that notice, counsel will automatically receive copies of all correspondence, memos, and any other pertinent material, whether initiated by the faculty member or by other employees of the university.