Approved by the Assembly 5-12-03

Assembly Document #317

PROPOSED CHANGES IN ACADEMIC STAFF POLICIES AND PROCEDURES

  (4-15-03)

 

2.01     Types of Appointment

 

3.         Indefinite Appointment. This appointment type is used to recognize academic staff for outstanding performance and importance to the continuing mission of the unit. This appointment type can be considered only when the dean or director can assure long-term funding. The indefinite appointment grants the appointee permanent employment status. An indefinite appointee can only be dismissed and can be ended only for cause under ASPP 6 or laid off for reasons of budget or program under ASPP 5; nonrenewal does not apply to indefinite appointees. The percentage of appointment provided for in the indefinite appointment cannot be changed without the mutual consent of the academic staff member and the institution unless the appointment is ended or diminished under ASPP 6 or 5.

 

2.09     Indefinite Appointment

An indefinite appointment is an academic staff appointment with permanent status and for an unlimited term in a specified operational area. Indefinite appointments confer the greatest job security of any academic staff appointment.Indefinite appointments are neither limited to nor specific to any academic staff title series or position. The rights conferred by an indefinite appointment are limited to the operational area in which the appointment is made. However, if an individual=s operational area moves to another unit, the indefinite appointment shall be retained.

 

3.01     Grounds for Nonrenewal

 

A member of the academic staff holding a fixed-term renewable appointment may be nonrenewed at the end of the appointment because of

 

 $         a funding loss,

 

 $         a budget or program decision that requires a program to be discontinued, curtailed, modified or redirected, or

 

 $         unsatisfactory performance.

 

Termination during an initial period of evaluation is not a nonrenewal and is not subject to the provisions of this chapter.

 

Note:    Nonrenewal does not apply to employees holding indefinite appointments.  See ASPP 2.01.3.

3.02     Employer's Consideration Responsibility in Cases of Nonrenewal for Funding Loss or a Budget or Program Decision

 

Whenever a nonrenewal decision will result in reduction of the academic staff work force in an operational area, such nonrenewal should shall normally be implemented on the basis of years of UW-Madison service (see 1.03), except as follows. The presumption in favor of years of service shall not apply in cases where program needs dictate other considerations such as the need to maintain specific expertise, responsibility levels, or productivity levels within a program or operational area. In addition, for purposes of maintaining diversity, an employee may be exempt from the strict application of years of service as a criterion to the extent allowed by law and subject to the approval of the Academic Personnel Office in consultation with the Equity and Diversity Resource Center.

 

 

3.04     Notice [footnote following table of notice periods]

                                                                 

*Academic staff service is defined as continuous years of paid UW-Madison academic staff employment without regard to percent of appointment. For purposes of determining the required notice periods, an appointment of one or both semesters of an academic year shall count as one year of service. A leave of absence of any length or a break in academic staff service of three years or less shall not result in loss of prior years= employment credit.

 

 

5.02     Considerations in Making a Layoff Decision

If a layoff will result in reduction of the academic staff work force in an operational area, it shall normally be implemented on the basis of years of UW-Madison service (see 1.03) except as follows. The presumption in favor of years of service shall not apply when program needs dictate other considerations such as the need to maintain specific expertise, responsibility levels, or productivity levels within a program or operational area. In addition, for purposes of maintaining diversity, an employee may be exempt from the strict application of years of service as a criterion to the extent allowed by law and subject to the approval of the Academic Personnel Office in consultation with the Equity and Diversity Resource Center.When layoffs occur within an operational area in which academic staff members do the same or similar work, employees holding fixed-term and probationary appointments shall be laid off before employees holding indefinite appointments. Years of service shall determine the order of layoff within each of these three groups.

 

 

 

5.04     Notification Notice

 

2.         Minimum Notice Period.  Academic staff with fixed-term or probationary appointments shall be given the standard nonrenewal notice periods specified in ASPP 3.04 unless there are compelling reasons to the contrary (e.g., almost immediate cutoff of funds). Even if these compelling reasons exist, employees shall be given at least the minimum layoff notice, depending upon the reason for the layoff.

 

Minimum Notice Period for Layoff

of Fixed-Term and Probationary Appointees

     

Years of Academic       Period in Months                      Budget or Program

Staff Service*               for Funding Loss                      Decision                     

Fewer than 2                                    1                                              2

At least 2 but fewer than 6             2                                              3

At least 6 but fewer than 10           3                                              5

10 or more                                       4                                              6

 

*Academic staff service is defined as continuous years of paid UW-Madison academic staff employment without regard to percent of appointment. For purposes of determining the required notice periods, an appointment of one or both semesters of an academic year shall count as one year of service. A leave of absence of any length or a break in academic staff service of three years or less shall not result in loss of prior years= employment credit.

 

 

 

 

Minimum Notice Period for Layoff

of Rolling-Horizon and Indefinite Appointees

 

 

Type of                              Period in Months                         Budget or Program

Appointment                      for Funding Loss                          Decision                     

 

Rolling-Horizon*                            6                                                   12

 

Indefinite                                        24                                                  24

 

* When more than the minimum required layoff notice periods can be given, employees holding longer-term rolling-horizon appointments shall receive notice periods equal to or longer than those given to employees with shorter-term rolling-horizon appointments.

 

3.                  Exception in the Case of a Declared Financial Emergency.  In the case of a financial emergencyunder as defined in Chapter UWS 5.02, which can be declared only by the Board of Regents, the minimum layoff notice period for indefinite appointees may be reduced to 12 months and the minimum layoff notice period for fixed-term rolling-horizon appointees being laid off for budget or program reasons may be reduced to six months.

 

 

5.08     Reappointment and Referral Rights

 

Pursuant to Wis. Stats. 36.21 and UWS 12.09, 12.10 and 12.11, in an operational area where layoffs have occurred in the past three years, no person may be employed to perform reasonably comparable duties to those of the staff member laid off without first offering an appointment to the staff member on layoff status without loss of rights or status including salary rate. The head of each operational area is responsible for notifying laid-off academic staff members of their right to reappointment within that operational area. To ensure compliance, a record of laid-off academic staff members by operational area shall be kept in the Academic Personnel Office.