PROPOSED CHANGES IN ACADEMIC STAFF POLICIES AND PROCEDURES (9-17-02)

 

 

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 2.04.6),. 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, during which the appointee may be dismissed at the discretion of the individual making the appointment 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.

 

 

2.05       Annual Review of Appointment Status for Increased Job Security

All fixed‑term renewable appointees academic staff members not holding terminal appointments shall be eligible for consideration for increased job security in the form of fixed‑term  multiple-year or rolling-horizon, or indefinite appointments at any time during their appointment. No minimum period of appointment at UW‑Madison is required.

 

Consideration of an academic staff member’s appointment status can be initiated with a request by the academic staff member or by his or her unit at any time. Academic staff members of a unit shall have the right to participate in establishing or changing the procedures and criteria by which academic staff of the unit are considered for additional job security.

 

Academic staff with seven or more years of service at UW‑Madison shall be reviewed annually to determine whether a rolling‑horizon or indefinite appointment should be proposed.  Deans and directors shall review these academic staff employees to identify individuals to be considered for increased job security when the following three conditions are met: 1) the quality of their performance warrants acknowledgment through increased job security, 2) their role is an integral part of their department's or program's continuing mission, and 3) a funding source can be identified that can permit rolling‑horizon or indefinite appointments.  No presumption is made that an individual must have had seven years of service before being considered for rolling‑horizon or indefinite appointments.   Individuals who currently hold rolling‑horizon appointments shall be reviewed and a determination made about their eligibility for an indefinite appointment.  Academic staff with seven years or more of service whose appointments do not provide at least two‑year terms shall be given written reasons upon request.

 

Employing units shall annually review academic staff members who have five or more years of academic staff service at UW-Madison to determine whether a new or increased multiple-year appointment or rolling-horizon appointment or indefinite appointment shall be proposed.  Individuals who currently hold rolling‑horizon appointments shall be reviewed and a determination made about their eligibility for an indefinite appointment. 

 

Academic staff members who are supported by grant funding and who have at least five years of service at UW-Madison shall be reviewed annually to determine whether a multiple-year appointment with a term equal to the duration of the grant shall be proposed.

Following review by employing units, deans and directors shall review the academic staff members for whom longer-term appointments have been proposed to identify individuals to be granted increased job security.  Increased job security shall be granted to academic staff members when the following criteria are met:  1) the quality of their performance warrants increased job security, 2) their role is an integral part of their department’s or unit’s continuing mission, and 3) a funding source can be identified that can permit multiple‑year, rolling‑horizon, or indefinite appointments. 

 

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 at least a two‑year multiple-year or a two-year rolling-horizon appointment shall be given written reasons upon request.

 

 

3.07     Appeal Process

1.         Review by the Dean or Director.  To be entitled to a review, the academic staff member must submit a written request to the dean, director or designee within 20 working days of receipt of the nonrenewal notice. A written statement of facts and circumstances supporting the appeal must be presented by the academic staff member as a part of the request for review. The academic staff member is entitled to request a meeting with the dean, director or designee, who shall meet with the academic staff member, if requested to do so, and shall conduct an objective review of all pertinent facts and circumstances. The academic staff member, the department or unit, and the Academic Personnel Office shall be notified of the decision in writing within 15 working days of receipt of the written request for review. If there is no response by the dean or director to the written request for a review within the designated time period, the employee can appeal to the Academic Staff Appeals Committee within 10 15 working days of the expiration of the designated period.

 

2.         Review by the Academic Staff Appeals Committee.  The academic staff member shall have 10  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 within five working days. The Academic Staff Appeals Committee shall conduct a review in accordance with ASPP 9.

 

4.03     Appeal of Nonretention

1.         Review by the Dean or Director.  The academic staff member may, within 20 working days after receipt of notice of the decision in 4.02 above, submit a written appeal of the nonretention decision to the appropriate dean or director. Upon receipt of such an appeal, the dean, director, or designee shall review the issue on the record and shall provide a decision in writing to the academic staff member, the department chair or unit head, and the Academic Personnel Office within 15 working days of receipt of the written request for review. If there is no response by the dean or director to the initial appeal within the designated time period, the employee can appeal to the Academic Staff Appeals Committee within 10 15 working days of the expiration of the designated period.

 

2.         Review by the Academic Staff Appeals Committee.  Upon receipt of the dean or director’s decision, the academic staff member shall have 10 15 working days to file an appeal with the Academic Personnel Office, which will forward the files to the Academic Staff Appeals Committee within five working days. The Academic Staff Appeals Committee shall conduct a review in accordance with ASPP 9.

 

5.05     Appeal Process for Layoffs

 

3.         Review by the Dean or Director. When a review is requested, the dean, director, or designee shall meet with the academic staff member, who shall have an opportunity to present facts and circumstances concerning the layoff. The dean, director, or designee shall make an objective review of all pertinent facts and circumstances and inform the employee, the department chair or unit head, and the Academic Personnel Office of the decision in writing within 15 working days following the meeting. If there is no response by the dean or director to the written request for review within the designated time period, the employee can appeal to the Academic Staff Appeals Committee within 10 15 working days of the expiration of the designated period.

 

 

6.03     Dismissal

1.         Dismissal for Cause of Academic Staff with Fixed-Term and Probationary Appointments (see also UWS 11.11 and 11.12)

 

a.         Grounds for Dismissal. No academic staff member shall be subject to dismissal except for just cause based upon a determination that the academic staff member=s conduct or performance affects adversely the ability to carry out satisfactorily his or her responsibilities to the University of either unsatisfactory performance or misconduct (see 6.01.1 and 6.01.2).  Layoffs (ASPP 5) and nonrenewals (ASPP 3) are not dismissals for cause.

 

e.         Review by Dean or Director. Upon receipt of dismissal notification the employee shall have 20 working days to submit a written request to the dean or director for a review, including a summary of the facts and circumstances concerning the allegations. The academic staff member shall have the opportunity to make a personal presentation to the dean, director, or designee. The dean, director, or designee shall make a determination of just cause for dismissal and notify the employee of the decision in writing within 15 working days. If the dismissal is upheld by the dean, director, or designee, the notification shall inform the employee of his or her right to appeal to the Academic Staff Appeals Committee under 6.03.3. If there is no response by the dean or director to the written request for a review within the designated time period, the employee may appeal to the Academic Staff Appeals Committee within 10 15 working days of the expiration of the designated period.

 

 

7.02     Grievance Procedure

3. Burden.

 

                                                a.         Grievances Other Than Those Involving Discipline Resulting in a Loss of Pay.  The burden is on the employee to support the substance of the grievance by a preponderance of the evidence employee has the burden to show by a preponderance of the evidence that the action being grieved is arbitrary, capricious, for reasons prohibited by law, or in violation of ASPP.