Faculty and Academic Staff Handbook

19th Edition, 2008

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Chapter VI:  Academic Staff Personnel Policies and Procedures

6.9 Dismissal of Academic Staff for Cause: UWRF 9

6.9.1 Dismissal for Cause for Indefinite Academic Staff Appointments

A member of the academic staff holding an indefinite appointment may be dismissed only for just cause under sections UWS 11.01 through 11.10 or for reasons of budget or program under UWS 12.

6.9.2 Constitutional Rights and Professional Responsibilities

The rights of an academic staff member as a U.S. citizen and his or her responsibilities in accordance with appropriate professional codes of ethics shall be considered in determining whether or not just cause for dismissal exists.

6.9.3 Responsibility for Dismissals

A. Allegations concerning the conduct of an academic staff member holding an indefinite appointment which would be grounds for dismissal if verified should be brought to the attention of the Chancellor or designated appointment authority.

B. Upon receiving allegations of misconduct, the Chancellor or designee may direct an informal investigation of the allegations. The affected staff member shall be informed of allegations immediately, and every effort should be made to resolve the allegations formally within a period not to exceed three (3) weeks. During this period of informal investigation and discussion, the salary of the affected staff member shall not be reduced
or discontinued and duties of the affected staff member shall not be modified unless continuation represents substantial harm to the University.

C. If informal investigation and discussion do not resolve the matter and the allegations are supported by substantial evidence, the appointing authority shall prepare a statement of specific charges and notify the affected staff member immediately according to the procedures under UWS 11.02(2). Dismissal of an academic staff member with an indefinite term may not become effective until after the opportunity for hearing has been waived or the hearing process has been completed or otherwise terminated.

6.9.4 Opportunity for Hearing on Dismissal

A. As provided under UWS 11.04, a staff member may request, in writing, a hearing on dismissal charges within twenty (20) days if notice was delivered personally or within twenty-five (25) days if notice was made by mail and publication.

B. Requests for hearing shall be made to the Chancellor, who shall provide for a hearing by the Academic Staff Council.

C. All requests for hearing will be honored. Hearings shall commence not later than twenty (20) days after the staff member has made a request for review.

D. Failure of the academic staff member to meet time limitations in paragraph A. of this section shall constitute waiver of the right involved.

6.9.5 Hearing Body

A. The Academic Staff Council shall serve as the hearing body for dismissal cases, as required under UWS 11.03(1).

B. In the consideration of individual dismissal cases, Academic Staff Council members must be disqualified if they participated in the investigation of allegations leading to the filing of a statement of charges or in the filing of charges or if they are material witnesses in the case.

C. On the motion of either party in a case, any additional member of the Academic Staff Council may be disqualified by majority vote of the members, for cause.

D. If any Academic Staff Council member(s) is disqualified, the remaining members shall select by majority vote a replacement(s) from among the academic staff if needed to achieve a quorum of the Council.

E. The academic staff member under charge may request and be granted the service of an impartial hearing examiner to serve as the hearing body rather than the Academic Staff Council. The Chancellor shall secure a hearing examiner according to procedures consistent with state law and policy. If the academic staff member chooses, he or she may file an affidavit of prejudice against the appointed hearing examiner prior to commencement of the hearing.

6.9.6 Conduct of Hearings

A. The burden of proof of the existence of just cause is on the appointing authority.

B. The hearing shall be closed unless the staff member under charge requests an open hearing.

C. The hearing body shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonably probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony.

D. The hearing body shall give effect to recognized legal privileges and grant adequate due process to the staff member under charge, including provisions of UWS 11.05.

E. The hearing body shall be provided by the Chancellor with legal counsel and other assistance if it makes a request for assistance through majority vote.

F. Discontinuation of the proceeding by the Chancellor's order is deemed a withdrawal of charges and a finding that the charges are without merit.

6.9.7 Decision by the Chancellor

A. As soon as is practicable after conclusion of the hearing, but not exceeding three (3) weeks, the hearing body shall send to the Chancellor and to the academic staff member concerned a verbatim record of testimony and a copy of its report, findings, and recommendations.

B. After reviewing the report and testimony, the Chancellor shall issue a decision which may be dismissal, a lesser disciplinary action, or exoneration of the staff member. This decision shall be final unless the Board of Regents grants a review based on the record, pursuant to UWS 11.10.

6.9.8 Suspension from Duties

Pending the final decision as to dismissal, the academic staff member with an indefinite appointment shall not be relieved of duties except where, after consultation with the appropriate administrative officer, the Chancellor finds that substantial harm may result if the staff member is continued in his or her position. Where such determination is made, the staff member may be relieved of his or her position immediately, or be assigned to another administrative unit, but his or her salary shall continue until the Chancellor makes a decision as to dismissal.

6.9.9 Date of Dismissal

A decision by the Chancellor ordering dismissal shall specify the effective date of the dismissal.

6.9.10 Board of Regents Review

A member of the academic staff on indefinite appointment who has been dismissed for cause by the Chancellor following a hearing may appeal this action to the Board of Regents. Any appeal must be made within thirty (30) days of the date of the decision of the Chancellor to dismiss. Upon receiving an appeal, the Board of Regents shall review the case on the record. Following such review, the Board of Regents may confirm the Chancellor's decision or direct a different decision or approve a further hearing before the Board of Regents with an opportunity for filing exceptions to the hearing body's recommendations or the Chancellor's decision and for oral argument on the record. If further review with opportunity for oral argument on the record is provided, this review shall be closed unless the staff member requests an open hearing. (See subchapter V, chapter 19, Wis. Statutes, Open Meeting Law.) All decisions of the Board of Regents, whether after review on the record or after oral argument, shall be expressed in writing and shall indicate the basis for such decision.

6.9.11 Dismissal for Cause, Fixed Term or Probationary Academic Staff Appointments

A member of the academic staff holding a probationary appointment or a member of the academic staff holding a fixed term appointment may be dismissed prior to the end of the contract term only for just cause or for reasons of budget or program under UWS 12. A nonrenewal of such an appointment is not a dismissal under this section. A dismissal shall not become effective until the individual concerned has received a written notification of specific charges and has been offered an opportunity for a hearing before the appropriate Dean or division head or his or her designee.

If such hearing is requested, a determination of just cause and notification of dismissal shall be made by the Dean or division head or designee. If no hearing is requested, the dismissal is effected by the specifications in the original notification of charges. The hearing before the Dean or designee shall provide the academic staff member with an opportunity to present evidence and argument concerning the allegations. Dismissal shall be effective immediately on receipt of written notification of the decision of the Dean or division head or designee unless a different dismissal date is specified by the Dean or division head. Dismissals for cause shall be appealable by filing an appeal with the Academic Staff Council as established in Sections 6.9.4 and 6.9.5 of this chapter. The burden of proof as to the existence of just cause on appeal shall be on the administration or the authorized official. The provisions of UWS 11.04, due process and procedural guarantees contained in UWS 11.05 and UWS 11.06, and the review provisions of UWS 11.07 shall be applicable to the appeal proceeding. In no event, however, shall a decision favorable to the appellant extend the term of the original appointment. If a proceeding on appeal is not concluded before the appointment expiration date, the academic staff member concerned may elect that such proceeding be carried to a final decision. Unless such election is made in writing, the proceeding shall be discontinued at the expiration of the appointment. If the Chancellor ultimately decides in favor of the appellant, salary lost during the interim period between the effective date of dismissal and the date of the Chancellor's decision or the end of the contract period, whichever is earlier, shall be restored. In those cases where the immediate supervisor of the academic staff member concerned is a Dean or division head, the Chancellor shall, to avoid potential prejudice, designate an appropriate administrative officer to act for the Dean or division head under this section.

6.9.12 Dismissal for Cause for Instructional Members of the Academic Staff

Dismissal for cause for Instructional Title Members of the academic staff having probationary or fixed term appointments shall be made pursuant to Section 6.9.11 of this chapter.