ASA Document 350. ASPP Changes
Assembly Document #350, April 11, 2005
EXPLANATIONS OF ASPP CHANGES*
Cover page addition: This is the paragraph in the Wisconsin Statutes that establishes governance rights for members of the academic staff.
1.03 Simplifies the language.
2.01 Allows information to be transmitted in any sort of letter or memo; it might not be a letter of reappointment or appointment.
2.04 Removes the requirement for evaluations of staff on terminal appointments. Requires approval of the dean, director, or designee in order to terminate the appointment during the evaluation period.
2.04.1 Retains the 12-month limit on periods of evaluation but introduces the idea of suspension.
2.04.2 Removes the requirement for a midpoint evaluation because of lack of consequences for failure to do one.
2.04.3 Introduces the concept of suspending a period of evaluation and explains when suspension might be appropriate.
2.04.4 and 2.04.5 Only a numbering change.
2.04.6 Requires the approval of the dean, director, or designee before an employee can be terminated during the evaluation period; requires that the employee be given the reasons.
2.04.6 (old number) Deleted because leaves of absence are covered in 2.04.3.
2.05 Allows an employee to receive reasons if new or increased job security is not offered.
2.06 Clarifies the procedure when a new employer is willing to continue a previously granted indefinite appointment.
2.09 Same as 2.06.
3.07 Specifies that the dean or director receives copies of an appeal when it is sent to the Appeals Committee and that the dean or director is obligated to provide copies of the request to the employing department and the employee's supervisor.
Chapter 4 title: Clarifies that the chapter does not apply to employees in their period of evaluation, only to employees with probationary appointments.
7.02 The change makes the language consistent with that in 7.02.3.a.
*New language appears in bold. Strike-outs indicate language to be deleted.
PROPOSED CHANGES IN ACADEMIC STAFF POLICIES AND PROCEDURES
Addition to cover page:
(4m) Academic staff. The academic staff members of each institution, subject to the responsibilities and powers of the board, the president and the chancellor and faculty of the institution, shall be active participants in the immediate governance of and policy development for the institution. The academic staff members have the primary responsibility for the formulation and review, and shall be represented in the development, of all policies and procedures concerning academic staff members, including academic staff personnel matters. The academic staff members of each institution shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance.
"Operational Area" is the organizational level, such as college, division, department or smaller unit, specified in the letter of appointment as having responsibility for supporting a position in cases of layoff or changes in indefinite appointments, such as a school, college, division, department, or smaller unit.
2.01 Types of Appointment
b. Fixed-Term Rolling-Horizon Appointment. A rolling-horizon appointment extends daily for the term specified in the letter of appointment or other document. The term may be for one or more years. For example, a three-year rolling-horizon appointment automatically renews every day and entitles the employee to a full three years' notice of nonrenewal.
2.04 Periods of Evaluation
Initial fixed-term appointments in an operational area shall include a period of evaluation of at least six months, but not more than 12 months (see exception in 2.04.36). However, in the case of a fixed-term terminal appointment of less than six months, an evaluation shall occur prior to the end of the appointment. During the period of evaluation, the appointee may be dismissed at the discretion of the individual making the appointment with the approval of the dean, director, or designee; there is no and without right of appeal. The duration of the period of evaluation shall be specified in the appointment letter. If the appointment letter does not specify the period of evaluation, the evaluation shall be for a period of six months.
1. Extension of Six-Month Evaluation Period. The evaluation period may be extended beyond six months, but the total evaluation period may not exceed 12 months (see exception in 2.04.36). If the evaluation period is to be extended, a written statement of the duration of and the reason for the extension shall be provided to the employee prior to the end of the original evaluation period. A written performance evaluation must be provided to the employee at the same time. An evaluation period of 12 months cannot be extended; however, it may be suspended under certain circumstances (see 2.04.3).
2. Evaluation Period of More than Six Months. When the period of evaluation specified in the appointment letter is longer than six months, a written performance evaluation is strongly recommended must be provided to the employee within 10 working days of at the midpoint of the evaluation period.
3. Suspension of the Evaluation Period. An evaluation period shall be suspended during periods of leave without pay, use of sick leave, or use of other leave for family and medical leave purposes when the leave exceeds 20 working days. The period of suspension shall be equal to the length of time the employee is absent. The employee shall receive written notice that the period of evaluation has been suspended. After an initial suspension is granted, a subsequent suspension will be granted only if an additional leave of 20 or more days is been taken. No more than two suspensions will be granted during an evaluation period.
43. Completion of the Evaluation Period. The employee shall be notified in writing of the successful completion of the evaluation period. If the evaluation period lapses without such notification, the employee shall be considered to have completed the evaluation period successfully.
54. Early Completion of the Evaluation Period. The evaluation period may be concluded whenever the individual making the appointment determines that the employee's performance is satisfactory. The employee shall be notified in writing of the successful completion of the evaluation period.
65. Termination During the Evaluation Period. During the evaluation period, the appointment may be terminated by the employing unit appointee may be dismissed at any time at the discretion of the individual making the appointment. Before issuing a termination notice, the employing unit shall obtain the approval of the dean, director, or designee. If employment is terminated, the academic staff member shall be informed in writing a letter that includes the reasons for termination. Termination does not require review by the dean or director, and tThere is no right of appeal. No notice period prior to termination is necessary, as long as the period of evaluation is specified in the appointment letter; however, if the appointment letter does not specify the period of evaluation, the employee shall be given at least 10 working days' notice. An employee who is given written notice of termination during the evaluation period shall be considered to have been dismissed during the evaluation period even if the last day of employment falls after the end of the evaluation period. Termination during an evaluation period is neither a nonrenewal nor a dismissal for cause and is not subject to the provisions of ASPP 3 or 6, or UWS 11.
6. Leaves of Absence During the Evaluation Period. The evaluation period may be suspended by the supervisor during periods of leave without pay, use of sick leave, or use of other leave for family and medical leave purposes. Employee requests for suspending the evaluation period must be made in writing to the supervisor prior to the end of the evaluation period. The academic staff member shall be informed in writing of the supervisor's decision.
2.05 Review of Appointment Status
No presumption is made that individuals must have had five years of service before being considered for multiple-year or rolling-horizon appointments. Academic staff with five years or more of service at UW-Madison whose appointments do not provide receive a new or increased multiple-year or rolling-horizon appointment or an indefinite at least a two-year multiple-year or a two-year rolling-horizon appointment as a result of this review shall be given written reasons upon request.
2.06 Continuance of Employment Rights and Privileges
Members of the academic staff who hold the employment rights and privileges provided by a rolling-horizon, multiple-year, or indefinite appointment may negotiate continuance of these rights and privileges when accepting another academic staff position or appointment. Such appointments, however, are granted at the discretion of the new employer. If continuance of an indefinite appointment is negotiated, review by an Area Review Committee is not required.
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. An individual who is selected for an academic staff position in a different operational area may negotiate a continuance of indefinite appointment status with the new employer. The new employer shall decide continuance of the indefinite appointment in the new position; no further review is required.
1. Procedure. Each department or its functional equivalent, with the participation of its academic staff, shall develop appropriate procedures for initiating the review process.
i. Continuance of Employment Rights and Privileges. Members of the academic staff who hold the employment rights and privileges provided by an indefinite appointment may negotiate continuance of these rights and privileges when accepting another academic staff appointment. Continuance of an indefinite appointment is granted at the discretion of the new employer and does not require review by an Area Review Committee.
3.07 Appeal Process
2. Review by the Academic Staff Appeals Committee. The academic staff member shall have 15 working days from receipt of the dean or director's decision to file an appeal with the Academic Personnel Office, which will forward the files to the Academic Staff Appeals Committee and the dean or director within five working days. The dean or director shall provide the employing department and employee's supervisor with a copy of the academic staff member's request for a review or a hearing by the Academic Staff Appeals Committee. The Academic Staff Appeals Committee shall conduct a review in accordance with ASPP 9.
Similar insertions in 4.03.2 Appeal of Nonretention, 5.05.4 Appeal Process for Layoffs, 6.03.3.a. Dismissal, and 7.02.1.c Grievance.
NONRETENTION OF EMPLOYEES HOLDING PROBATIONARY EMPLOYEES APPOINTMENTS
This chapter applies only to probationary appointments, which lead to review for indefinite status. See 2.01.2 and 2.08.
[Note: Table of Contents must be changed also.]
7.02 Grievance Procedure
b. Grievances of Disciplinary Actions Resulting in athe Loss of Pay. The burden is on the employer to show the existence of just cause (see the seven tests of just cause stated in ASPP 6.03.3.b).