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Chapter VII: Nonrenewal of Probationary Academic Staff
7.01 Position Security
A probationary employee who has served for five (5) years or more should not be placed on nonrenewal status for the purpose of providing a position opening for a faculty or classified staff member facing a potential or realized layoff, unless the faculty or classified staff member facing a potential or realized layoff has seniority and has clearly demonstrated competency. This does not preclude any provisions in UWS 12.03.
Written notice that a probationary academic staff appointment will not be renewed shall be provided by an authorized university official as outlined in UWS 10.05 (b).
7.03 Commencement of Reconsideration Process
A member of the academic staff who has a probationary appointment and who receives a written notice of nonrenewal has the right to receive reasons as specified in UWP 7.04 and reconsideration as specified in UWP 7.05.
7.04 Statement of Reasons for Nonrenewal
Within five (5) working days of receipt of the nonreappointment notice, the nonreappointed academic staff member may request in writing the reasons for nonreappointment from his/her supervisor. The supervisor must inform the academic staff member in writing the reasons for nonreappointment and the procedures for reconsideration under UWP 7.05 within five (5) working days of receipt of this request.
7.05 Reconsideration of Nonrenewal
If the academic staff member wishes a reconsideration, a written request to the supervisor shall be made within five (5) working days of the receipt of the reasons for nonrenewal. The meeting with the supervisor for reconsideration shall be held within ten (10) working days of the receipt of the request, and the academic staff member shall be notified a minimum of three (3) working days prior to the meeting. The time limits may be extended by mutual consent of all parties involved. The reconsideration meeting shall be closed. Upon the request of either party, the supervisor's supervisor shall be present. The purpose of the reconsideration meeting is to allow the academic staff member an opportunity to persuade the supervisor to change his/her recommendation of nonrenewal by challenging the stated reasons and/or by offering additional evidence. Following the reconsideration, the supervisor forwards his/her recommendation with reasons to the Chancellor or designee.
7.06 Chancellor or Designee Action on Recommendation for Nonrenewal
If the supervisor forwards a recommendation of nonrenewal for an academic staff member and the Chancellor or designee accepts that recommendation, within ten (10) working days of receipt of the recommendation, the Chancellor or his/her designee shall inform the academic staff member in writing of the date the academic staff member's appointment is terminated and of his/her rights to written reasons and review. If within five (5) working days of receiving the termination notice, the academic staff member requests written reasons and/or review, the Chancellor or designee must respond to the request for written reasons and/or review. The Chancellor or designee shall respond to the request for written reasons within five (5) days and shall inform the academic staff member of the procedures of review (appeal) in UWP 7.07.
7.07 Review of Nonrenewal Decisions
The Academic Staff Personnel Commission shall serve as the hearing body for review on nonrenewal of probationary staff members. The nonrenewed probationary academic staff member shall have the opportunity to receive a review of the decision of nonrenewal upon written request to the Academic Staff Personnel Commission within 20 days of notice on nonrenewal from the Chancellor or designee. The burden of persuasion in such a review shall be on the academic staff member requesting the review. Such review shall be held not later than 20 days after the request, except that this time limit may be extended by written mutual consent of the parties or by order of the Academic Staff Personnel Commission. The scope and procedures of the hearing on the review shall be limited under UWS 10.04.
Failure by the academic staff member to meet the deadlines in UWP 7.07 shall be considered a waiver of those procedures, and the supervisor will continue the procedures as outlined, except where the deadlines have been extended by mutual consent of both parties or by order of the Academic Staff Personnel Commission.