CHAPTER 4B PERSONNEL RULES

SECTION 6: ACADEMIC STAFF APPOINTMENT APPEALS

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

OVERVIEW OF THE PROCESS AND PROCEDURES FOR ACADEMIC STAFF APPEAL OF DENIAL OF REAPPOINTMENT OF FIXED TERM APPOINTMENT UNDER UWSP 10.03

(See Chapters UWS 10 & UWSP 10)

COVERAGE.

These policies and procedures apply to all instances in which an academic staff member on fixed term appointment has not been reappointed.

FIXED TERM CATEGORY A AND C ACADEMIC STAFF.

Reappointment.

Under the provisions of UWSP 10.03 (see 4A.2), a member of the academic staff on fixed term appointment who has served half-time or more for 7 or more years and who is not reappointed has the right to request a written statement of reasons and the right to reconsideration by the decision-maker. If reconsideration affirms the decision not to reappoint and the academic staff member wishes to pursue the matter, the staff member must file a grievance under UWSP 13.02 (see 4A.2).

Indefinite Appointment.

Fixed term academic staff who have undergone review for and been denied indefinite appointment may file a grievance under 13.02 (see 4A.2).

CLASSROOM TEACHING ACADEMIC STAFF.

Classroom teaching academic staff may elect to take grievances under 13.02 (see 4A.2) either to the Academic Staff Mediation Subcommittee or the Faculty Mediation Subcommittee. Regardless of which subcommittee is selected, the hearing procedures to be followed will be those for hearings under 13.02 (see 4A.2).

COUNSEL.

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

DECISIONS AND RECOMMENDATIONS DISTINCT; WHICH MAY BE APPEALED.

Academic Staff Who Are Not Classroom Teachers.

Decisions.

Decisions regarding reappointment or granting of indefinite appointment are made only by the chancellor (or the chancellor’s designee).

Subject to Appeal.

Fixed term academic staff have the right to appeal a decision not to reappoint or not to grant indefinite appointment. 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.

Recommendations regarding reappointment or the granting of indefinite appointment may be made by the administrative heads of the academic staff member’s operational area and unit, the unit’s executive director and vice chancellor, and when appropriate, the provost.

Not Subject to Appeal.

A recommendation not to reappoint or not to grant indefinite appointment is not subject to appeal. However, academic staff who appeal an adverse decision may call as a witness any person who made an adverse recommendation to the chancellor.

Classroom Teaching Academic Staff.

Decisions.

Decision-making Authority.

Decisions regarding reappointment or granting of indefinite appointment 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 10 and UWSP 10 (see 4A.2) talk of departmental recommendations. To be absolutely accurate, one would say that a departmental action supporting reappointment or indefinite appointment is a recommendation, since the chancellor need not accept the department decision. However, an action denying appointment or reappointment for classroom teaching academic staff is always a decision since the chancellor cannot appoint or reappoint absent the affirmative recommendation of the department.

Subject to Appeal.

Fixed term academic staff have the right to appeal a decision not to reappoint or not to grant indefinite appointment, 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 reappointment or the granting of indefinite appointment may be made by the department chairperson, dean, or vice chancellor.

Not Subject to Appeal.

A recommendation not to reappoint or not to grant indefinite appointment is not subject to appeal. However, academic staff who appeal an adverse decision may call as a witness any person who made an adverse recommendation to the individual making the decision.

GRIEVANCES.

Fixed term academic staff contemplating a grievance are advised to refer to the procedures under 13.02 (see 4A.2).

OVERVIEW OF THE PROCESS AND PROCEDURES FOR ACADEMIC STAFF APPEAL OF NONRENEWAL OF PROBATIONARY APPOINTMENT UNDER UWSP 10.04

(See Chapters UWS 10 & UWSP 10)

INTRODUCTORY COMMENTS.

Coverage.

These proceedings apply to all instances in which an academic staff member on probationary appointment has not been retained.

Applicable Documents.

An academic staff member contemplating an appeal after having received notice of nonrenewal is advised to become familiar with:

• Chapters UWSP 9 - 13 (see 4A.2), the institutional academic staff personnel rules;

• departmental/unit personnel rules and procedures;

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

• related documents in this handbook.

Counsel.

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

Decisions and Recommendations Distinct; Which May Be Appealed.

Decisions.

Decisions regarding retention or granting of indefinite appointment are made only by the chancellor (or the chancellor’s designee).

Subject to Appeal.

Probationary academic staff have the right to appeal a decision not to renew or not to grant indefinite appointment. 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.

Recommendations regarding retention or the granting of indefinite appointment may be made by the administrative heads of the academic staff member’s operational area and unit, the unit’s executive director and vice chancellor, and when appropriate, the provost.

Not Subject to Appeal.

A recommendation not to renew or not to grant indefinite appointment is not subject to appeal. However, academic staff 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 is on the academic staff 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 actions consistent with an appropriate professional code of ethics; or

• employment practices proscribed by applicable state or federal law; or

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

o procedures required by the chancellor or the 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 next-to-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. An academic staff member considering an appeal of nonrenewal is urged to review the limits 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 10.05 (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 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.

Right to Open Meeting.

UWSP 10.03.

Under the provisions of UWSP 10.03(2)(a)(4) (see 4A.2), a probationary academic staff member has the right to request and receive an open meeting for any meeting of a unit or subunit involving consideration of indefinite appointment for that individual.

Unit/Departmental Policies.

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

DESCRIPTION OF NONRENEWAL PROCESS.

Chart.

The chart at the end of this subsection delineates the steps which must be taken by the appellant, the relevant university body, the Academic Staff Mediation Subcommittee, and the hearing committee, and gives the time limits for each step. The sequence of steps is mandatory; time limits may be extended by mutual consent of the parties or by order of the hearing committee.

Statement of Reasons.

Request.

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

Time Limit.

The written request for reasons must be made within 10 days of receipt of the non-retention notice. This written statement of reasons, which must be provided within 10 days of the receipt of the request, is required before a reconsideration may be requested or an appeal may be implemented.

File Responses.

Academic staff members have the right to review their own personnel files. Academic staff members also have a 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 academic staff member has the right to request a reconsideration by the decision-maker. The academic staff member also has the right of access to all materials upon which the administration intends to rely for its presentation at the reconsideration.

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.

Mandatory Reconsideration.

The request for reconsideration must be granted if the academic staff member has new and relevant material which was not considered in the original decision.

Optional Reconsideration.

If the academic staff member does not have new and relevant material for consideration but chooses to respond to the statement of reasons and request reconsideration, granting reconsideration is at the discretion of the decision-maker.

• Because an academic staff member has only 20 days from the notice of nonrenewal to request a hearing under the auspices of the Academic Staff Mediation Subcommittee, when the granting reconsideration is at the discretion of the decision-maker, the academic staff member is advised to send the request for hearing simultaneously with the request for reconsideration.

• When the subcommittee receives such a simultaneous request, it will automatically extend the deadline to commence a hearing by 10 days to enable the decision-maker to respond to the request for reconsideration.

Decision Reversed.

If reconsideration results in a decision favorable to the academic staff member, the reconsideration decision supplants the original and the positive recommendation moves to the next decision-maker.

Decision Affirmed.

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

No Reconsideration.

Where new and relevant material does not exist and the decision-maker did not grant reconsideration, the academic staff member may proceed directly to an appeal.

FILING AN APPEAL.

Written Request.

Upon receipt of written notification that non-retention was affirmed in the reconsideration, or receipt of written notification that a request for reconsideration was denied, the academic staff member has 20 days (25 if notice is by first class mail) in which to request a hearing by the Academic Staff 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 appropriate 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 10.04 (3)(b) (see 4A.2) details the acceptable bases for appeal.

Required Action.

Notification.

If the chairperson of the subcommittee to which the appeal is addressed finds the appeal within the jurisdiction of the subcommittee, 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 that an appeal is in progress to

o the administrative heads of the appellant’s operational area and unit, the chairperson of the unit’s personnel committee, and the appropriate executive director and vice chancellor (or the chairperson of the appellant’s departmental personnel committee, department chairperson, and dean); and

o the chancellor and chairperson of the Common Council; and

• provide copies of all correspondence to the

o appellant;

o hearing committee members; and

o the decision-maker.

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 Academic Staff Mediation Subcommittee. There will be broad representation from the university but not necessarily a member from each division or 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 10.04, 11.04, 12.05, 13.01, 13.02 (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 10.04, 11.04, 12.05, 13.01, 13.02 (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 unit or 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 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.

• In addition to the appointed members, the chairperson of the Academic Staff 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 hearing, except that this time limit may be extended by mutual consent of the parties or by order of the hearing committee. The academic staff member requesting a hearing must receive 10 days’ notice of the hearing.

Automatic Extension.

Where an academic staff member has simultaneously requested a hearing by the subcommittee and reconsideration by the decision-maker in the absence of new material, the chairperson of the subcommittee shall extend the deadline for the beginning of the hearing by 10 days to allow the decision-maker adequate time for a response.

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 shall:

• conduct the hearing under the provisions of UWS 10/UWSP 10.04 (see 4A.2), these policies and procedures, and the guidelines for appeal hearings (which may be found in the following subsection or requested from the chairperson of the Academic Staff Mediation Subcommittee;

• establish appropriate communication with, and keep informed of the proceedings in the appeal, the

o appellant;

o administrative heads of the appellant’s operational area and unit,

o the chairperson of the unit’s personnel committee, and the appropriate executive director and vice chancellor (or the chairperson of the appellant’s departmental personnel committee, department chairperson, and dean);

o provost; and

o chancellor;

• 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, other involved individuals, and witnesses asked to appear on behalf of the parties or called by the hearing committee.

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 in an appeal of the denial of indefinite appointment, the appellant, upon timely written request to the chairperson, has the right to an open meeting;

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, provost, appropriate executive director and vice chancellor, or dean, administrative head of the unit, the administrative head of the operational area or department chairperson, appellant, and decision-maker.

NOTE. A hearing committee may request legal advice from the UW System legal office; such requests shall be made through the vice chancellor.

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 appellant), and shall 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 2 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 an indefinite appointment 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 decision-maker;

• 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 by the chairperson of the hearing committee for the purpose of speaking 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 Academic Staff 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 provided 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 an open meeting, 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, 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.

• 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-makers’ 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 to 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 10.04 (3)(b) (see 4A.2) 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 recommendations to remedy the inappropriate behavior.

Recommendations.

Remand Required.

• All cases under 10.04 (see 4A.2) must be remanded for reconsideration by the decision-maker 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.

If the committee finds that an appeal under 10.04 (see 4A.2) is valid, possible remedies include, but are not limited to:

• reconsideration by the decision-maker;

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

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

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 the deliberations.

• The chairperson provides a verbatim record of the hearing and a copy of the report to the academic staff member, and a copy each of the report to the

o chancellor;

o provost;

o appropriate vice chancellor and executive director, or dean;

o administrative heads of the appellant’s operational area and unit, or department chairperson and chairperson of the departmental personnel committee; and

o the decision-maker.

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.

No Double Jeopardy.

After notification to the academic staff member of a final decision, the academic staff member may not again be placed in jeopardy for the same incident(s) of alleged misconduct.

OUTLINE OF APPEAL PROCESS

Abbreviations used:

D=Dean or Director;

VC=Vice Chancellor;

C=Chancellor;

PF=Personnel Files;

DM=Decision Maker (supervisor);

DPC=Department personnel committee;

AMS=Academic Staff Mediation Subcommittee;

HC=Hearing Committee

NOTES:

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

*Legal counsel, at the time hired by the academic staff member, should inform the AMS 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 academic staff member or by other employees.