FACULTY APPOINTMENTS

UWS 3.01 TYPES OF APPOINTMENTS. (1) Appointments to the faculty are either tenure or probationary appointments. Faculty appointments carry the following titles: professor, associate professor, assistant professor, and instructor.

  1. "Tenure appointment" means an appointment for an unlimited period granted to a ranked faculty member by the board upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution via the president of the system.

  2. "Probationary appointment" means an appointment by the board upon the affirmative recom-mendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution and held by a faculty member during the period which may precede a decision on a tenure appointment.

  3. In accordance with s. 36.05(8), Stats., academic staff appointments may be converted to faculty appointments by the action of the board upon the recommendation of the appropriate faculty body and the chancellor of an institution. Such faculty appointees shall enjoy all the rights and privileges of faculty.

    UWP. The Department Review Body or its functional equivalent shall be designated as the appropriate faculty body called for in UWS 3.01 (c). See Faculty Bylaws, Part II, Article X, Section 1.

  4. In accordance with s. UWS 1.05 members of the academic staff may be given faculty status. Members of the academic staff who have been given faculty status have employment rights under the rules and policies concerning academic staff.

  5. A person holding a faculty appointment under ss. 36.13 and 36.15, Stats., shall not lose that appointment by accepting a limited appointment for a designated administrative position.

UWS 3.02 RECRUITING. The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop procedures relating to recruitment of members of the faculty. The procedure shall be consistent with board policy and state and federal laws with respect to nondiscriminatory and affirmative action recruitment. The procedures shall allow maximum flexibility at the departmental, school and college levels to meet particular needs. In all instances the procedures shall provide for departmental peer review and judgment as the operative step in the recruiting process.

UWP. The faculty shall devise and implement a procedure for recruitment and hiring of new members of the faculty. This procedure is to include the following features.
  1. The faculty of the department or its functional equivalent shall devise and adopt a statement specifying the competencies required in and responsibilities to be assigned to the person filling the vacancy.

  2. The faculty of the department or its functional equivalent shall determine the specific procedures to be used in the search for applicants within the broad departmental search and screen guidelines established by the Faculty Senate.

  3. The faculty of the department or its functional equivalent shall determine the manner in which the faculty shall be involved in the selection process. All search and screen procedures shall provide for full departmental faculty review, advice and consent before a contract is offered.

  4. All recruitment procedures shall be consistent with board policy and state and federal laws with respect to nondiscriminatory hiring and affirmative action goals. See Faculty Bylaws, Part III, Article III.

UWS 3.03 APPOINTMENTS GENERAL. The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop rules relating to faculty appointments. Each person to whom an appointment is offered must receive an appointment letter in which an authorized official of the institution details the terms and conditions of the appointment, including but not limited to, duration of the appointment, salary, starting date, ending date, general position responsibilities, probation, tenure status, and crediting of prior service. Accompanying this letter shall be an attachment detailing institutional and system rules and procedures relating to faculty appointments. If the appointment is subject to the advance approval of the board, a statement to this effect must be included in the letter.

UWP. Each person to whom an appointment is offered must receive an appointment letter in which the chancellor or his designee of the institution details the terms and conditions of the appointment, including but not limited to, duration of the appointment, salary, starting date, ending date, general position responsibilities, rank, probation status, and the crediting of prior service toward the reduction of the normal probationary period. Accompanying this letter there shall be a copy of Personnel Rules for Faculty and Academic Staff. See Faculty Bylaws, Part III, Article III, Section 5.

UWS 3.04 PROBATIONARY APPOINTMENTS. Each institution's rules for faculty appointments shall provide for a maximum 7 year probationary period in a full time position, and may provide for a longer maximum probationary period in a part time position of at least half time. Such rules may permit appointments with shortened probationary periods or appointments to tenure without a probationary period. Provision shall be made for the appropriate counting of prior service at other institutions and at the institution. A leave of absence, sabbatical leave, or teacher improvement assignment shall not constitute a break in continuous service, nor shall it be included in the probationary period. Tenure is not acquired solely because of years of service.

UWP. The maximum probationary period of a UW-Platteville faculty member whose appointment is full-time shall be seven years. The maximum for a part-time faculty member whose appointment is half-time or more shall be ten years.

Any shortening of the probationary period or counting of prior service must be based upon the recommendation of the department or its functional equivalent and approved by the Chancellor. See Faculty Bylaws, Part III, Article III, Sections 5 and 6.

UWS 3.05 PERIODIC REVIEW. The faculty and chancellor of each institution, after consul-tation with appropriate students, shall establish rules providing for periodic review of faculty performance.

UWP. There shall be periodic review of the performance of all UW-Platteville faculty, and academic staff with faculty status, carried out by appropriate review bodies according to criteria and procedures designed by the faculty within guidelines established by the University Rank, Salary and Tenure Commission and with the approval of the Chancellor. Such periodic review shall include student and peer evaluations. See Faculty Bylaws, Part II, Article XV, Section 4

UWS 3.06 RENEWAL OF APPOINTMENTS AND GRANTING OF TENURE. (1)(a) General. Appointments may be granted only upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of the institution. When specified by the board, the institutional recommendation shall be transmitted by the president of the system with his recommendation to the board for action. Tenure appointments may be granted to any ranked faculty member who holds or will hold a half time appointment or more. The proportion of time provided for in the appointment may not be diminished or increased without the mutual consent of the faculty member and the institution, unless the faculty member is dismissed for just cause, pursuant to s. 36.13(5), Stats., or is terminated or laid off pursuant to s. 36.21, Stats.

(b) Criteria. Decisions relating to renewal of appointments or recommending of tenure shall be made in accordance with institutional rules and procedures which shall require an evaluation of teaching, research, and professional and public service and contribution to the institution. The relative importance of these functions in the evaluation process shall be decided by departmental, school, college, and institutional faculties in accordance with the mission and needs of the particular institution and its component parts. Written criteria for these decisions shall be developed by the appropriate institutional faculty bodies.

UWP. Recommendations and decisions concerning the renewal of a probationary appointment and the granting of tenure shall be based upon an evaluation of the faculty member's performance of those tasks that make up his or her specific assignment.

Recommendations and decisions concerning renewal of a probationary appointment or the granting of tenure shall be made in accordance with university, college and departmental criteria developed at each level by appropriate institutional faculty committees and the Chancellor. The relative importance to be assigned to the functions of teaching and research, service to the institution, and professional and public activities shall also be determined by appropriate faculty committees and the Chancellor. See Faculty Bylaws, Part II, Article X, Article XIV, Sections 3 and 4, and Article XV, Sections 1-4.

(c) Procedures. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules governing the procedures for renewal or probationary appointments and for recommending tenure. These rules shall provide for written notice of the department review to the faculty member at least 20 days prior to the date of the departmental review, and an opportunity to present information on the faculty member's behalf. The probationary faculty member shall be notified in writing within 20 days after each decision at each reviewing level. In the event that a decision is made resulting in nonrenewal, the procedures specified in s. UWS 3.07 shall be followed.

UWP. The personnel review committee (DRB) of each department or its functional equivalent shall develop policies and procedures for recommending renewal of probationary appointments and the granting of tenure within guidelines established by the University Rank, Salary and Tenure Commission. In every case these policies and procedures shall provide for written notice of the department review to the faculty member at least 20 days prior to the date of the departmental review, and an opportunity to present information on his or her behalf. The probationary faculty member shall be notified in writing within 20 days after each decision at each reviewing level. In the event that a decision is made resulting in nonrenewal, the procedures specified in UWS 3.07 shall be followed. See Faculty Bylaws, Part III, Article IV.

UWS 3.07 NONRENEWAL OF PROBATIONARY APPOINTMENTS. (1)(a) Rules and procedures. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules and procedures for dealing with instances in which probationary faculty appointments are not renewed. These rules and procedures shall provide that, upon the timely written request of the faculty members concerned, the department or administrative officer making the decision shall, within a reasonable time, give him or her written reasons for nonrenewal. Such reasons shall become a part of the personnel file of the individual. Further, the rules and procedures shall provide for reconsideration of the initial nonrenewal decision upon timely written request.

(b) Reconsideration. The purpose of reconsideration of a nonrenewal decision shall be to provide an opportunity to a fair and full reconsideration of the nonrenewal decision, and to insure that all relevant material is considered.

  1. Such reconsideration shall be undertaken by the individual or body making the nonrenewal decision and shall include, but not be limited to, adequate notice of the time of reconsideration of the decision, an opportunity to respond to the written reasons and to present any written or oral evidence or arguments relevant to the decision, and written notification of the decision resulting from the reconsideration.

  2. Reconsideration is not a hearing or an appeal, and shall be nonadversary in nature.

  3. In the event that a reconsideration affirms the nonrenewal decision, the procedures specified in s. UWS 3.08 shall be followed.
UWP. Upon receiving notice of nonrenewal a probationary faculty member may request written reasons for the nonrenewal decision and reconsideration of that decision according to the following procedures:
  1. Within 5 working days of receipt of the nonrenewal notice the faculty member may submit a written request to the review body or administrative officer making the nonrenewal decision, asking for a written statement of reasons.

  2. The body or administrative officer shall reply within 5 days of the receipt of such a request. Such a request results in the written reasons becoming a part of the personnel file of the individual. In the absence of such a request the reasons for nonrenewal shall be confidential and not become part of the personnel file.

  3. Within 20 days after receipt of the letter giving reasons for nonrenewal the probationary faculty member may submit a written request to the review body or administrative officer making the decision, asking for reconsideration.

  4. If the affected probationary faculty member requests reconsideration he or she shall receive at least 10 days advance notice of the reconsideration meeting in order to provide opportunity for the faculty member to prepare written or oral evidence and arguments relevant to the adverse decision. This is an informal meeting, not a formal appeal or hearing. It is to be understood that the purpose of the reconsideration shall be to provide an opportunity for a fair and full re-examination of all the relevant factors and circumstances, so that every reasonable effort shall have been made to assure that the decision was a sound one.

  5. The review body or individual conducting the reconsideration meeting shall inform the faculty member of the outcome of the reconsideration, in writing, within 5 days of the decision.
In the event that reconsideration at all appropriate levels affirms the nonrenewal decision the probationary faculty member may request an appeal following the procedures and notification periods specified in UWS 3.08. See Faculty Bylaws, Part III, Article VIII, Section 2.

UWS 3.08 APPEAL OF NONRENEWAL DECISION. (1) The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules and procedures for the appeal of a nonrenewal decision. Such rules and procedures shall provide for the review of a nonrenewal decision by an appropriate standing faculty committee upon written appeal by the faculty member concerned within 20 days of notice that the reconsideration has affirmed the nonrenewal decision (25 days if notice is by first class mail and publication). Such review shall be held not later than 20 days after the request, except that this time limit may be enlarged by mutual consent of the parties, or by order of the review committee. The faculty member shall be given at least 10 days notice of such review. The burden of proof in such an appeal shall be on the faculty member, and the scope of the review shall be limited to the question of whether the decision was based in any significant degree upon one or more of the following factors, with material prejudice to the individual:

  1. Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, or

  2. Factors proscribed by applicable state or federal law regarding fair employment practices, or

  3. Improper consideration of qualifications for reappointment or renewal. For purposes of this section, "improper consideration" shall be deemed to have been given to the qualifications of a faculty member in question if material prejudice resulted because of any of the following

    1. The procedures required by rules of the faculty or board were not followed, or

    2. Available data bearing materially on the quality of performance were not considered, or

    3. Unfounded, arbitrary or irrelevant assumptions of fact were made about work or conduct.
UWP. The standing faculty committee called for in UWS 3.08 shall be The Appeals Commission. It shall be the duty of this commission to conduct reviews of appeals on nonrenewal decisions according to UWS 3.08. The Appeals Commission shall report its findings on the validity of the appeal to the body or official making the nonrenewal decision, the appropriate dean, and to the Chancellor. See Faculty Bylaws, Part II, Article XII, Section 3, and Part III, Article VIII.

(2) The appeals committee shall report on the validity of the appeal to the body or official making the nonrenewal decision and to the appropriate dean and the chancellor.

UWP. If a department cannot satisfactorily justify the denial of tenure to a candidate after the Appeals Commission finds that "impermissible factors" (age, race, sex, disability, etc.) as described in Wisconsin Statutes 3.08, were used in arriving at the decision, an ad hoc committee will be appointed by the Faculty Senate to evaluate the candidate's qualifications and to present its findings to the Chancellor. The committee will be constituted as follows:
  1. 5 or 7 tenured members of the UWP faculty knowledgeable or experienced in the faculty member's academic discipline or in similar fields who are not members of the faculty member's academic department(s) or of any committee which has been involved in the nonrenewal appeal process for that faculty member. In the event that UW-Platteville does not have a sufficient number of faculty in an area closely related to the faculty member's academic discipline, members from peer universities will be appointed.

  2. With the assistance of the Office of the Provost and the Dean of the College, a non-voting consultant in the probationary faculty member's academic discipline, but from another comprehensive college or university will be appointed.
The ad hoc review committee shall conduct its review of the candidate's record with reference to the criteria for tenure contained in the University of Wisconsin-Platteville Handbook for Unclassified Staff and in the probationary faculty member's RST file. Both written records and verbal testimony may be used to review the record.

The Chancellor may recommend to the Board of Regents that a tenure appointment be granted without the concurrence of the appropriate department personnel committee or its functional equivalent if the ad hoc committee, following the customary decision rules of the department or its functional equivalent, has recommended that tenure be granted.

If the ad hoc committee's decision is adverse, the faculty member may request a statement of reasons and a reconsideration by that committee. An adverse decision by the ad hoc committee, following such reconsideration, shall be final.

(3) Such a report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration by the decision maker, a reconsideration by the decision maker under instructions from the committee, or a recommendation to the next higher appointing level. Cases shall be remanded for reconsideration by the decision maker in all instances unless the appeals committee specifically finds that such a remand would serve no useful purpose. The appeals committee shall retain jurisdiction during the pendency of any reconsideration. The decision of the chancellor will be final on such matters.

UWS 3.09 NOTICE PERIODS. (1) A faculty member who is employed on probationary appointment pursuant to s. 36.13, Stats., shall be given written notice of reappointment or nonre-appointment for another academic year in advance of the expiration of the current appointment as follows:

  1. When the appointment expires at the end of an academic year, not later than March 1 of the first academic year and not later than December 15 of the second consecutive academic year of service;

  2. If the initial appointment expires during an academic year, at least 3 months prior to its expiration; if a second consecutive appointment terminates during the academic year, at least 6 months prior to its expiration;

  3. After 2 or more years of continuous service at an institution of the university of Wisconsin system, such notice shall be given at least 12 months before the expiration of the appoint-ment.

UWS 3.10 ABSENCE OF PROPER NOTIFICATION. If proper notice is not given in accordance with s. UWS 3.09, the aggrieved faculty member shall be entitled to a one year terminal appointment. Such appointments, however, shall not result in the achievement of tenure.

UWS 3.11 LIMITATION. Tenure and probationary appointments are in a particular institution; a tenure appointment is limited to the institution in which the appointment is held, unless another institution has, through normal procedures and explicit agreement, undertaken to share in the appointment. The explicit agreement shall specify both the tenure responsibility and the budget responsibility.