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ASA Document 317. Proposed changes to ASPP - May 2003
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.