Academic Staff: professional and administrative personnel with duties that are primarily associated with the administration of UWM. They are paid a salary and may work 9 month or 12 month appointments. They may teach UWM course(s). Fixed term academic staff employees receive employment contracts for a set amount of time, for example one year, that are not expected to be renewed. Probationary academic staff members receive employment contracts for a set amount of time that are expected to be renewed. Academic staff employees who hold indefinite status automatically receive employment contracts for a set amount of time, but may only be terminated for cause.
Classified Staff: employees of the State of Wisconsin Civil Service in positions classified by the Department of Employment Relations.
Operational Area: for fixed term and probationary appointments, the operational area is the college, school, operating division (or its functional equivalent) or the program unit indicated in the employment contract. The operational area of indefinite appointments is the college, school or operating division of UWM specified in the letter of promotion to indefinite appointment.
Employing Unit: a designation, as approved by the Wisconsin Department of Employment Relations under the authority of §230.30, consisting of a State agency or a functional unit of the agency for use in personnel transactions of the classified staff. UWM consists of five Employing Units.
Faculty: persons who hold the rank of professor, associate professor, assistant professor or instructor in a UWM academic department or its equivalent. They are paid a 9-month salary but may also earn summer salary.
Layoff: the termination of an employee¹s appointment during an appointment period for reasons of budget or program.
Non-renewal: the act of notifying an employee that UWM will not be granting that employee another contract. The employee works to the end of the current contract, and UWM is not terminating the employee for cause.
Termination for cause: ending employment due to employee¹s poor performance or behavior. This action is taken regardless of whether the employee¹s appointment is completed or not.
Seniority: a system whereby employees who have worked for the State the longest have the greatest protection from actions such as a layoff.
Generally for both classified and unclassified employees all seniority in State service counts towards total seniority. For academic staff employees, seniority within the operational area will be the primary consideration for a decision to non-renew or lay off.
A classified employee who is the least senior in his/her classification and Employing Unit will face layoff before those employees with greater overall seniority that work in the same Employing Unit.
An unclassified Fixed Term AS employee who is the least senior in his/her Operational Area (e.g. School or College) will face layoff or non-renewal before those employees with greater overall seniority that work in the same Operational Area.
A. Layoff
1. An academic staff layoff is defined as a "suspension of an academic staff member’s employment by [UWM] . . . during the appointment period for reasons of budget or program."1
2. UWM is not required to declare, or ask the BOR to declare, a financial emergency to layoff academic staff employees.
3. The first step in this process is for the Chancellor to discuss the issue with the Academic Staff Committee at least three months prior to the implementation of any layoffs.2
4. Layoff decisions must be made by seniority and, in general, fixed term employees are selected first, followed by employees who have probationary appointments and then those with indefinite appointments.3
5. Selected employees are generally entitled to the following notice periods:4a. Fixed term Academic Staff employee on grant or short-term funding in first two years: 3 months
b. Fixed term AS on grant or short-term funding after first two years: 6 months
c. Fixed term AS not on grant or short-term funding in first two years: 3 months
d. Fixed term AS not on grant or short-term funding in third through sixth year: 6 months
e. Fixed term AS not on grant or short-term funding after sixth year: 12 months
f. Fixed term AS if the employment contract states that renewal is not intended: No notice
g. Probationary employee in first year: 3 months
h. Probationary employee in second year: 6 months
i. Probationary employee after second year: 12 months
j. Indefinite appointment: 12 months6. Employees who are selected for layoff may appeal the decision to the Academic Staff Hearing and Appeals committee, who makes a recommendation to the Chancellor. The Chancellor’s decision is final except, in cases of indefinite appointments, when the BOR grants a review.5
B. Nonrenewal of a Contract
1. The contracts of academic staff employees who are on fixed term contracts or hold probationary appointments may be non-renewed. Employees who hold indefinite appointment may not be non-renewed.
2. Generally, the notice periods in the layoff section above also govern the nonrenewal of a contract.C. Termination for Cause
1. Indefinite Appointments
a. The standard for termination of an academic staff member with indefinite status is just cause.6
b. Just cause is a high standard to meet, requiring UWM to prove the existence of a number of factors supporting just cause, including notice to the employee of the standards of conduct, a fair investigation, adequate evidence that the employee engaged in the conduct, and that the severity of the conduct is consistent with dismissal.
c. The first thing that happens in dismissal proceedings is that the Chancellor receives a complaint against an academic staff member. If the Chancellor determines that the complaint is substantial, and that it might lead to dismissal if the allegations are true, the Chancellor conducts an investigation. If the investigation appears to support the complaint, the Chancellor offers to discuss the matter with the faculty member. If this discussion does not resolve the matter, the Chancellor prepares written charges and provides them to the employee.7
d. The employee may request a hearing before the Academic Staff Hearing and Appeals Committee.8 In such a hearing, the administration holds the responsibility for proving that the charges warrant a dismissal for just cause.9
e. The hearing resembles a trial in that each side may have lawyers present their case; there are witnesses; and the committee may hear testimony based on the Wisconsin laws that govern admissibility of evidence.
f. The committee sends recommendations to the Chancellor, who prepares her own recommendation. If the recommendation is for dismissal, the Chancellor sends a copy to the BOR, who will review the matter and whose decision is final.102. Fixed term or Probationary Appointments
a. There is a procedure for terminating academic staff members who hold fixed term or probationary appointments for cause, however, it may be preferable to not renew the employee’s contract.
b. In the event that termination for cause is appropriate, the process is identical to that for employees with indefinite appointments.11
A. Layoff
1. Threshold Considerations
a. Because there can be so many variables to account for in the layoff process, it will be nearly impossible to accurately predict the exact impact of staffing changes on each and every employee. Make your decisions based upon the operational needs of your School, College or Division and not upon where you want each employee to “end up.”
b. Layoff procedures are not to be avoided or bypassed in order to “do a good deed” for an individual employee. Layoff procedures afford employees the greatest protections available in State service and are very likely to result in the employee(s) finding another position in State service.
c. Layoff procedures are presumptively fair and open and to be used in the event that a State employer decides to eliminate a position or a program. Their use gives affected employees the greatest rights and protections available in State service, and creates an administrative trail by which the employer can show that no corners were cut, no impermissible favoritism was shown and no discrimination was committed in the elimination of the position or the program.
d. “Layoff” is not synonymous with “Separation from State Service” or being out of work. Employees rarely “hit the street”. Use of layoff procedures most often results in reassignment or transfer of the employee whose job has been eliminated.
e. Layoff is used to meet economic or programmatic need. Layoff is not a substitute for the discipline of bad behavior or for the negative evaluation of nonperformance. If those situations are more truly the case, do not use layoff instead of the proper procedure.
A layoff accomplished as a subterfuge for some other procedure can be challenged or even overturned.2. Plan Ahead--Your Layoff Will Involve Employees in Other Schools and Colleges12
a. Layoff procedures apply only to the least senior employee in a classification, within the Employing Unit. What is not immediately apparent from a reading of any of the layoff procedures is that the procedure itself applies only to the least senior employee(s) in a given classification in that Employing Unit.13 Effectively this means:
(1) When a position is eliminated, the more-senior employee in a classification (e.g. the employee who held the eliminated position) can be involuntarily transferred to the job held by the least senior, and
(2) The layoff procedures are then applied to the least senior employee, who might be in an entirely different department, School or College.b. Layoff procedures are accomplished by Employing Unit. Layoff procedures apply only to the least senior employee in a classification, and Employing Unit.
(1) UWM is divided into five employing units for the purposes of layoff (and transfer) rights. All of the Schools and Colleges (but not Academic Affairs itself) are in the same Employing Unit. For example, a job elimination in one College can easily mean that layoff procedures will be applied to an employee in another School or College.
c. Layoff procedures vary somewhat among the unions and between represented and non-represented classified employees. Some procedures may take a little longer to plan than others, so check to make sure you know which set of rules applies to the particular job elimination you may be planning.
d. Layoff of a permanent classified employee requires the release of all LTEs in the Employing Unit in that same classification. Layoff of a permanent nonrepresented classified employee requires the release of all employees on original probation in that layoff group.3. Layoff procedures
Employees receive a preliminary “At-Risk” letter to announce the employer’s intentions. This is a preliminary notification of the employer’s plans and confers rights to use the Wisconsin Employee Referral Service (WISCERS) state job posting system (http://wiscers.state.wi.us/public/indexers.asp) and to apply for counterpart positions. It should be given to both the employee whose job is being eliminated and to the least senior employee who may actually be facing the layoff procedure. The At-Risk letter can be sent anytime from about 45 days to six months in advance of the actual elimination event.
b. An actual Letter of Layoff rights is sent to the to-be-laid-off employee and to his/her union at least 30 days in advance of the actual elimination event. The employee is sent a letter detailing his or her rights to transfer or demote under the layoff procedure, and the union is sent official notice of the intended layoff.
c. An employee who is laid off and separates from State service has a five-year right to reinstate.4. Nonrenewals are not available for classified staff.
5. Terminations for permanent classified staff require just cause.
A. Layoff
1. UWM may only lay off faculty in the event of a “financial emergency.”14
2. The Board of Regents (“BOR”) has the authority to declare a financial emergency if the institution’s general program operations budget has been reduced; the reduced budget requires a reduction in faculty positions through layoffs; and there is a consultative period.15
3. The consultative period requires the following:a. At least three months before requesting that the BOR declare a financial emergency, the Chancellor and a faculty committee meet to decide:
(1) If there are methods other than faculty layoffs to reduce the budget;
(2) Which reductions in faculty positions least affect the University’s ability to fulfill its mission;
(3) Identify the colleges or departments in which the cuts would occur; and
(4) Consult with affected departments and Individuals.16b. The faculty are primarily responsible for establishing criteria that the Chancellor and committee may use to evaluate the situation.
c. Any decision resulting in the reduction of an academic program must be made “with the best interests of students and the overall ability of the institution to fulfill its mission.”17
d. If the BOR declares a financial emergency, the tenured faculty members of the affected departments recommend which individual faculty members are laid off, by a seniority system developed by the faculty.184. Once a faculty member’s position is recommended for layoff, the Chancellor must provide written notice at least 12 months before the effective date and must either coincide with the end of the academic year (for academic year appointments) or June 30 (for annual appointments).19
5. A faculty member identified for layoff is entitled to a hearing before a faculty committee, which may only consider the appropriateness of the layoff decision (not the declaration of a financial emergency or identification of particular departments).20 If the faculty committee found that the decision was proper, the BOR may hear an appeal. On the other hand, if the faculty committee found that the decision was improper, the BOR shall hear an appeal.21 The BOR’s decision is final.
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C. Termination for Cause
1. Both tenured and non-tenured faculty may be terminated for cause only by the BOR and only for just cause after due notice and a hearing.28
2. Just cause is a high standard to meet, requiring UWM to prove the existence of a number of factors supporting just cause, including notice to the employee of the standards of conduct, a fair investigation, adequate evidence that the employee engaged in the conduct, and that the severity of the conduct is consistent with dismissal.
3. The first thing that happens in dismissal proceedings is that the Chancellor receives a complaint against a faculty member. If the Chancellor determines that the complaint is substantial, and that it might lead to dismissal if the allegations are true, the Chancellor conducts an investigation. If the investigation appears to support the complaint, the Chancellor offers to discuss the matter with the faculty member. If this discussion does not resolve the matter, the Chancellor prepares written charges and provides them to the faculty member.29
4. The faculty member may request a hearing before the Faculty Dismissal Hearing Committee.30 In such a hearing, the administration holds the responsibility for proving that the charges warrant a dismissal for just cause.31
5. The hearing resembles a trial in that each side may have lawyers present their case; there are witnesses; and the committee may hear testimony based on the Wisconsin laws that govern admissibility of evidence.
6. The committee sends recommendations to the Chancellor, who prepares her own recommendation. If the recommendation is for dismissal, the Chancellor sends a copy to the BOR, who will review the matter and whose decision is final.32
For the University of Wisconsin-Milwaukee After March 1, 2003
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1 UWS 12.02, Wis. Admin. Code.
2 Academic Staff Policies and Procedures 110.01.
3 UWS 12.03, Wis. Admin. Code and Academic Staff
Policies and Procedures 110.04, 110.05.
4 UWS 10.05, Wis. Admin. Code and Academic Staff
Policies and Procedures 108.01.
5 UWS 12.05, Wis. Admin. Code and Academic Staff
Policies and Procedures 110.06 110.10.
6 UWS 11.01, Wis. Admin. Code and Academic Staff
Policies and Procedures 109.01.
7 UWS 11.02, Wis. Admin. Code and Academic Staff
Policies and Procedures 109.02.
8 UWS 11.04, Wis. Admin. Code and Academic Staff
Policies and Procedures 109.03.
9 UWS 11.01(2), Wis. Admin. Code and Academic Staff
Policies and Procedures 109.01
10 UWS 11.07 and 11.10, Wis. Admin. Code and
Academic Staff Policies and Procedures 109.07.
11 UWS 11.11 and 11.10, Wis. Admin. Code and
Academic Staff Policies and Procedures 109.08.
12 Layoff Procedures for represented classified
employees are found in Article VIII of each labor agreement. Layoff Procedures
for nonrepresented classified employees are found at ER-MRS 22, Wis. Admin.
Code., and Ch. 232, Wis. Human Resources Handbook.
13 See Attachment A for the Employing Units that
govern the classified staff.
14 Section 36.21, Wis. Stats., UWS 5.01, Wis.
Admin Code.
15 UWS 5.02, Wis. Admin. Code.
16 UWS 5.05, Wis. Admin. Code.
17 UWS 5.05, Wis. Admin Code.
18 UWS 5.07 and 5.08, Wis. Admin. Code.
19 UWS 5.09, Wis. Admin. Code.
20 UWS 5.12, Wis. Admin. Code.. UWM Policies
and Procedures 5.60.
21 UWS 5.14, Wis. Admin Code.
22 This boxed section is based on UWM 5.50 -
5.51. The interpretation is preliminary and may require further clarification.
23 UWM 5.50
24 UWM 5.50
25 UWM 5.53
26 UWM 5.54
27 UWM 5.55
28 UWS 4.01, UWM Policies and Procedures 5.21,
5.22.
29 UWS 4.02(1), Wis. Admin. Code and UWM Policies
and Procedures 5.23.
30 UWS 4.02(1), Wis. Admin. Code and UWM Policies
and Procedures 5.25.
31 UWS 4.02(2), Wis. Admin. Code and UWM Policies
and Procedures 5.24.
32 UWS 4.07 and 4.08, Wis. Admin. Code and UWM
Policies and Procedures 5.27 and 5.28.
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Last modified: June 10, 2003