UWM Chapter 109
DISMISSAL FOR CAUSE
109.01
Dismissal for Cause for Indefinite Academic Staff Appointments
A member of the academic staff holding an indefinite
appointment may be dismissed only for just cause under UWS 11.01 through 11.10.
The burden of proof resides with the University administration.
109.02
Preparation of Charges
Pursuant to UWS 11.02, when the Chancellor receives an
allegation against an academic staff member which appears to be substantial
and, which if true, may lead to dismissal, he/she shall request that the
appropriate dean or division head investigate the allegation. The dean or
division head shall seek to resolve the matter informally with the academic
staff member and report the resolution to the Chancellor. If this discussion
does not result in a resolution, the dean or division head shall prepare a
written statement of specific charges not later than 15 working days of the
request of the Chancellor. This deadline may be extended by written consent of
the parties.
109.03
Hearing
If an academic staff member requests a hearing of the
charges under UWS 11.02, such hearing shall proceed under 11.04-11.07 and UWM
Chapter 109.
109.04
Time Limitations
The time limits stated in UWS 11.04 and 11.10 specified as a
number of days shall be considered to be working days under these policies and
procedures. Failure by the academic staff member to meet the time limits of UWS
11.04 shall constitute a waiver of the right to a hearing.
109.05
Hearing Body
(1) Category A
Pursuant to UWS 11.03, the Academic Staff Hearing and
Appeals Committee shall serve as the hearing body in cases of dismissal for
cause. The Hearing and Appeals Committee may, on the motion of either party,
disqualify any of its members by a majority vote. The vote on such motion shall
be in open session. Any member of the Hearing and Appeals Committee who has
heard a related grievance involving the academic staff member requesting the
hearing shall be disqualified. If any of the members of this hearing body
disqualify themselves or are disqualified, the hearing body shall select, by
majority vote, an equal number of replacements from the list established in
Article I Section 2(F) of the Hearing and Appeals Committee Bylaws. The vote
shall be in open session and results shall be binding.
(2) Category B
Pursuant to UWS 11.03, the hearing body in cases of
dismissal for cause shall consist of three members of the Hearing and Appeals
Committee and two members of the Dismissal Hearing Committee defined in
109.06
Legal Counsel
The Chancellor shall provide legal counsel for the hearing
body. The functions of legal counsel shall be to advise the hearing body and to
consult with them on legal matters.
109.07
Recommendations
The Hearing body shall send a verbatim record (e.g., audio)
of the testimony, and copy of
its report, findings, and recommendations to the Chancellor and to the academic
staff member concerned within 30 working days after the conclusion of a
hearing. After reviewing the matter on
record and considering written arguments if submitted by the parties, the
Chancellor shall issue a written decision pursuant to UWS 11.07 and 11.09
within 20 working days of receipt of the hearing body's recommendations. The
decision of the Chancellor is final unless appealed to the UWS Board of Regents
as provided in UWS 11.07 and 11.10.
109.08
Dismissal for Cause for Fixed-term or Probationary Academic Staff Appointments
A member of the academic staff holding a probationary
appointment or a member of the academic staff holding a fixed-term appointment
and having completed an initial specified period of time as provided for in UWM
104.02, may be dismissed prior to the end of the
contract term only for just cause. Such dismissal shall proceed under UWS
11.11. If the dean or division head's dismissal decision is appealed, the
proceeding shall be conducted in accordance with UWM 109.02-109.07.