CHAPTER 4C - PERSONNEL RULES
SECTION 11 OVERVIEW OF THE PROCESS AND PROCEDURES FOR HEARING OF CHARGES AND NOTICE OF DISMISSAL OF FACULTY UNDER UWSP 4.04
(See Chapters UWS 4 & UWSP 4)
(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 allegations, from whatever source, concerning conduct based directly and substantially on a faculty member’s actions in carrying out professional responsibilities where such conduct has resulted in substantial or fundamental harm to the university, and which might provide cause for dismissal.
Rights.
The exercise of rights shall not constitute adequate cause for dismissal or other disciplinary action. These are rights guaranteed by:
• the United States Constitution;
• the Constitution of the state of Wisconsin;
• Board action;
• System rules, policies, or procedures;
• the Constitution of the Common Council;
• UWSP rules, policies, or procedures; or
• principles of academic freedom as they are generally understood in higher education.
Student and Peer Evaluations.
Regardless of their content, including specific allegations of inappropriate behavior, neither student nor peer evaluations are allegations of inappropriate conduct under Chapters UWS 4 and UWSP 4 (see 4A.2) or these policies and procedures.
Applicable Documents.
A faculty member against whom allegations of misconduct which might lead to dismissal have been brought or an individual who is contemplating bringing allegations which might lead to dismissal of a faculty member 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 801.11 (1)(c), 227.45, and 227.46 of the Wisconsin statutes; and
• related documents in this handbook.
Counsel.
A faculty member who has been notified that an allegation of misconduct which might lead to dismissal has been received by the chancellor 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 meetings or hearings by individuals of the faculty member’s choice is guaranteed under Chapters UWS 4 and UWSP 4 (see 4A.2) and these procedures.
Time Limits.
Termination of Hearing.
Failure to meet any time limits established by these procedures will likely end the proceedings. A faculty member against whom allegations of misconduct have been brought 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 hearing process may be lengthy. The deliberative process in particular may take several months to conclude: the issue is significant; there is no limit on the number of deliberative sessions which may be held; and there is no limit on the length of 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 that body. In addition, no member may be excluded from meetings of any of the body’s subunits unless the rules of the parent body specifically state otherwise.
Personnel Matters.
No faculty member under consideration for any personnel matter (including consideration of filing of a complaint or taking action on a complaint) may be excluded from a department 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 committee meeting at which the matter is to be considered unless departmental rules specifically state to the contrary.
Right to Open Meeting.
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 disciplinary action against that individual.
NOTE. A meeting with an administrator for the purpose of discussion or investigation of allegations of charges which might lead to dismissal, even where the end result of the discussion or investigation may be a recommendation for disciplinary action or hearing, 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 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 involving consideration of disciplinary action against that individual.
Departmental Policies.
Normally, departmental policies will require a written request for an open meeting reasonably in advance of the meeting.
Settlement.
Nothing in these procedures or in Chapters UWS 4 or UWSP 4 (see 4A.2) shall be construed to prevent the settlement of allegations against a faculty member at any time in the proceedings prior to a final decision by the Board.
• Any such settlement consists of an appropriate response, which may include disciplinary action, mutually agreed upon by the faculty member and the chancellor.
• Every settlement shall be reduced to writing and signed by the faculty member and the chancellor; no further action shall be taken on the matter.
• One copy of the signed document shall be retained by the chancellor and one given to the faculty member.
PROCEDURES UPON RECEIPT OF A COMPLAINT.
Action on Complaints.
Unless otherwise provided in these procedures, the chancellor shall act on all complaints or allegations which might lead to dismissal, except that the chancellor may assign a designee to conduct investigations of allegations or complaints which might lead to dismissal.
Charges.
Basis for Charges.
Dismissal of a faculty member may be sought only for cause based directly and substantially on a faculty member’s conduct in carrying out professional responsibilities where such conduct has resulted in substantial or fundamental harm to the university.
Complaints to Chancellor.
Whenever any official receives a complaint which might lead to dismissal, the complainant shall immediately be referred to the chancellor for action.
Filing of Charges.
Charges seeking dismissal of a faculty member shall be filed by the chancellor.
Notification of Complaint Required.
Whenever the chancellor receives or initiates a complaint which might lead to dismissal of a faculty member, the chancellor may consult with appropriate administrative personnel or System legal counsel and shall:
• promptly send written notification of the allegations to the faculty member;
• afford the faculty member the opportunity to meet promptly to discuss the complaint informally; and
• proceed immediately to an investigation of the charges if the faculty member declines to meet.
o Notification normally shall be within 7 working days of the receipt of the complaint;
o The chancellor’s offer of the opportunity for an informal discussion may be in the notification of the allegations or by telephone.
o Normally, no meeting with a faculty member on such allegations shall occur before the faculty member has received written notification of the allegations reasonably in advance of the meeting.
o Normally, the chancellor or a designee shall not proceed with any investigation of allegations before the faculty member has received written notification of the allegations.
o Accompanying the notification of allegations shall be a copy of these procedures and information as to where to locate other rights under UWS 4/UWSP 4 (see 4A.2).
NOTE. A faculty member against whom a complaint is made and who is invited to meet informally on the complaint to respond to the complaint is advised to consult legal counsel.
• Informal discussion with the chancellor may be advisable but a faculty member is not obligated to meet with the chancellor.
• If the faculty member decides to meet informally with the chancellor, the faculty member is advised to bring a representative, which may be legal counsel, to the informal discussion.
Informal Discussion Outcomes.
One of these alternatives will result from the informal discussion–
• the chancellor will determine that the complaint is unjustified: no charges will be filed nor will other action adverse to the faculty member be taken;
If the chancellor determines the complaint is unjustified, a written statement to that effect shall be sent to the faculty member and a copy placed in the faculty member’s personnel file.
• the chancellor will determine that the complaint may be justified and either
o the chancellor and the faculty member will agree to a mutually satisfactory resolution, which will end the matter; or
o the chancellor will proceed to an investigation of the charges; or
o the chancellor will proceed to formal filing of charges, which must be accompanied by a statement of the appeal procedures available to the faculty member.
Request for Hearing.
A faculty member who has received a formal statement of charges seeking dismissal has 20 days from the receipt of the charges to request a hearing conducted under the auspices of the Faculty Mediation Subcommittee.
Hearing Outcomes.
Following a hearing on charges for dismissal, the hearing committee issues its report of findings and recommendations. The committee may find that the charges are without foundation or not proven, that the charges are valid but a sanction less than dismissal is warranted, or that the charges are valid and dismissal is an appropriate response on the part of the university.
Termination of Proceedings.
Probationary Faculty.
If the hearing process for a probationary faculty member is not concluded before the term of appointment expires, the proceedings will automatically end at the expiration of the appointment unless the faculty member sends a written request to the chairperson of the Faculty Mediation Subcommittee that the proceedings continue to their conclusion.
Tenured Faculty.
If the hearing process for a tenured faculty member is not concluded before the faculty member’s retirement or resignation, the proceedings will automatically end at the faculty member’s retirement or resignation unless the faculty member sends a written request to the chairperson of the Faculty Mediation Subcommittee that the proceedings continue to their conclusion.
Discontinuance.
If the university discontinues proceedings for dismissal against a faculty member who has requested a hearing, the charges are deemed to be withdrawn and without merit.
Settlement.
The proceedings may be discontinued by a settlement reached by mutual agreement between the administration and the faculty member. Any settlement must be reached prior to a final decision by the Board.
Continuation of Duties and Salary.
Suspension.
Unless the chancellor, in consultation with the executive committee of the Common Council, specifically finds that substantial harm may result to the institution if a faculty member whose dismissal is sought continues with normal duties, the faculty member shall not be relieved of those duties pending the final decision of the Board.
Salary.
If a faculty member is suspended before the final decision on dismissal by the Board, the faculty member’s salary shall nonetheless be continued until the decision is reached.
FILING A REQUEST FOR HEARING.
Written Request.
Upon receipt of a formal statement of specific charges for dismissal, the faculty member has 20 days in which to request a 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.
• The request should provide a historical resume of all actions taken to this point.
No Request Filed.
If a faculty member whose dismissal is sought does not file a request for a hearing with the Faculty Mediation Subcommittee, the Board will take appropriate action upon receipt of the statement of charges and the recommendation of the chancellor.
Required Action.
Notification.
If the chairperson determines that the individual requesting a hearing holds a faculty appointment, the chairperson shall:
• 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 that the hearing procedure is in progress to the faculty member, the faculty member’s department chairperson and dean, the vice chancellor, the chairperson of the Common Council, and the chancellor; 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.
• No individual who participated in the investigation leading to the filing of charges, or in the filing of charges, or who is a material witness, or who is a member of the same department as the faculty member requesting the hearing may serve on the hearing committee.
• The chairperson of the Faculty Mediation Subcommittee, if otherwise qualified, 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 Committee 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.
Notice. The faculty member requesting a hearing shall receive written notice of the specific charges and 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 4/UWSP 4.04 through 4.07 (see 4A.2) , the provisions of Chapter 227.45, 227.46, and 801.11 (1)(c) of the Wisconsin statutes, these policies and procedures, and the guidelines for hearings under 4.04 (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, faculty member, appropriate dean, and department chairperson, 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 commit-tee’s findings and recommendations and transmit these materials to the faculty member and to the chancellor (for transmittal to the Board pursuant to the provisions of UWSP 4.07 - see 4A.2), and send copies of the report to the faculty member’s department chairperson and dean, 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, the individual(s) who brought the complaint leading to the formal charges, 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 shall 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 requesting the hearing, upon timely written request to the chairperson, has the right to request an open evidentiary hearing and any such request shall 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 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 burden of proof of the existence of just cause for dismissal is on the administration or its representative;
o that the faculty member has the right to a verbatim record of the hearing, which may be a sound recording, at no cost;
o that if the faculty member is not tenured and proceedings are not concluded before the expiration of the faculty member’s appointment, the proceedings will terminate at the normal expiration of the appointment unless the faculty member sends a written request to the chair-person of the Faculty Mediation Subcommittee that the proceedings be carried to their conclusion;
o that discontinuance of the proceedings by the university is deemed a withdrawal of the charges and a finding that the charges were with-out merit;
o that nothing shall prevent the settlement of the case by mutual agreement of the parties, provided that such settlement is reached prior to a final decision by the Board;
o that any personal notes made during the procedures and retained by a participant are subject to subpoena if the matter 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 will give a written statement of its findings and recommendations to the chancellor, the vice chancellor, the appropriate dean, the department chairperson, and the faculty member; and
o that the faculty member’s and the chancellor’s copies will 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 will 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 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 on the existence of just cause for dismissal is on the administration. The hearing committee shall make a verbatim record of the hearing.
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 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 must sign the final report or file a dissent. The report shall 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, 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 will 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;
• the individual(s) making the complaint upon which charges were based;
• 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 grievance (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 meeting 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 chancellor’s or the designee’s representative(s), if any.
• Reading of the charges for the record by a member of the administration or its representative.
• Presentation of the administration’s case, including testimony from the individual(s) making the complaint upon which the charges are based, but not the testimony of other witnesses.
• Questions of the administration or the individual making the complaint by the faculty member or the faculty member’s representative.
• Presentation of witnesses on behalf of the administration.
• Questions of the administration’s witnesses by the faculty member or the faculty member’s representative.
• Rebuttal questions of any of these parties by the administration or its representative.
• Presentation of testimony 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 its representative.
• Presentation of witnesses on behalf of the faculty member.
• Questions of faculty member’s witnesses by the administration or its representative.
• Rebuttal questions of any of these parties by the faculty member or the faculty member’s representative.
• Questions of the faculty member’s and the administration’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 administration or its representative.
• Questions of committee witnesses by the faculty member or the faculty member’s representative.
• Additional questions, if any, of witnesses by members of the hearing committee.
• Rebuttal or closing comments by the administration or its representative.
• Rebuttal or closing comments by the faculty member or the faculty member’s representative.
• Questions of the faculty member by members of the hearing committee.
• Questions of the administration by members of the hearing committee.
• Additional questions, if any, of the faculty member or the administration 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 hearing and writes a summary of the evidence and a report which includes the findings and recommendations of the committee.
Findings.
A finding that the facts are as described by the administration is not in itself enough to recommend dismissal or a lesser sanction.
Cause for Dismissal.
To warrant a finding for dismissal, the committee must be convinced by the evidence that substantial or fundamental harm to the institution has resulted directly and substantially from the faculty member’s actions in carrying out professional responsibilities, and that dismissal is the most appropriate response by the university.
Burden of Proof.
The burden of proof is on the administration to show that cause exists for dismissal or a lesser sanction.
Validity of Charges.
Decisions on the validity of the charges shall be determined by a majority of the members of the hearing committee. The vote(s) shall be a roll call vote, which shall be recorded.
Recommendations.
The committee’s report and recommendations, which includes support for the recommendations, are sent to the chancellor as soon as feasible following the conclusion of the deliberative session(s).
• If the committee finds that the administration has not met the burden of proof or that cause for discipline does not exist, it shall recommend that the charges be found without merit and withdrawn.
• If the committee finds that the administration has met the burden of proof and that dismissal is the most appropriate response, it shall recommend dismissal.
• If the committee finds that the administration has met the burden of proof for cause for discipline but for a sanction less than dismissal, it shall recommend an appropriate sanction other than dismissal.
o To warrant a finding for a severe sanction but less than dismissal, the committee must be convinced by the evidence that significant or grievous harm to the institution has resulted directly and substantially from the faculty member’s actions in carrying out professional responsibilities, and that a severe sanction but less than dismissal is the most appropriate response by the university.
o Severe sanctions less than dismissal include but are not limited to
• suspension without pay for a specified period;
• a freeze in salary for a specified period;
• a reduction in salary;
• a reduction in rank;
• reassignment;
• counseling or other similar rehabilitation; and
• appropriate compensation and/or service.
Report.
At an appropriate time in the deliberations, the chairperson recesses the meeting and prepares a summary of the evidence and 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, 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, and the faculty member’s department chairperson.
Chancellor’s Action.
The chancellor shall afford the faculty member an opportunity to discuss the report within 20 days after receiving it from the committee. Within 20 days of the meeting with the faculty member (or 30 days from the receipt of the report if the faculty member declines to meet), the chancellor prepares written recommendations for the Board unless the chancellor’s proposed recommendations differ substantially from those of the committee or the chancellor decides on a sanction less severe than dismissal.
Substantial Differences.
If the chancellor’s proposed recommendations differ substantially from those of the hearing committee, the chancellor promptly consults the committee and provides it a reasonable opportunity for a written response prior to forwarding the recommendations to the Board.
Dismissal Recommended.
If the recommendation is for dismissal, the chancellor submits it through the president of the System to the Board, along with a copy of the subcommittee’s report and recommendations. A copy of the chancellor’s recommendation is also sent to the faculty member.
Lesser Sanction.
If the chancellor determines that disciplinary action less severe than dismissal is appropriate, the chancellor may take such action after having met with the faculty member to discuss the record. However, upon written request of the faculty member, the chancellor shall submit the proposed course of action as a recommendation to the Board through the president. Any such recommendation shall also be accompanied by a copy of the hearing committee’s report and recommendations.
Possible Board Action.
Refer to UWSP 4.08 (see 4A.2) for options available to the Board.
No Double Jeopardy.
After notification to the faculty member of the final decision by the chancellor or the board, the faculty member may not again be placed in jeopardy for the same incident(s) of alleged behavior.