Provisions of 5.17 through 5.177 apply in all situations where a negative decision may lead to the non-retention of a non-tenured Faculty member, except that provisions 5.172 through 5.174 do not apply to the ad hoc review committee permitted by s. 36.13 (2)(b) Wis. Stats., which is the subject of provisions 5.181 through 5.186. Unless otherwise specified, Executive Committee refers to the departmental Executive Committee or its functional equivalent.
5.171 – Notice of Consideration
The Chair of the appropriate Executive Committee or its functional equivalent must notify a non-tenured Faculty member in writing at least thirty (30) days prior
to Executive Committee consideration of reappointment, promotion, or non-renewal of appointment. The notice invites the Faculty member to review personal vita and supporting materials, and to submit additional written material the Faculty member deems relevant. The notice shall inform the Faculty member that the Faculty member has the option of making a personal presentation to the Executive Committee at the meeting at which the Faculty member is to be considered. The notice shall further inform the Faculty member that the portion of the meeting during which the Faculty member is to be considered may be closed or open as determined by the Executive Committee consistent with the Statutes pertaining thereto.
5.172 – Commencement of Consideration Process
In making a personnel decision that may involve non-retention, the Executive Committee must start the process early enough to allow for a possible reconsideration and to meet the deadlines for notification of non-retention as stated in 5.19.
5.173 – Commencement of Consideration Process
If the Executive Committee decides on non-retention, it must formulate written reasons for the negative recommendation before adjourning. These reasons will be considered binding on the Executive Committee. The reasons will not appear in the minutes of the meeting but shall be entrusted to the Chair who must immediately inform the Faculty member orally of the reasons. No decision shall be forwarded to the Dean until the Faculty member has been given the opportunity to request the written reasons and/or a reconsideration by the Executive Committee according to procedures outlined below. Failure by the Faculty member to meet the deadlines for requesting written reasons and/or a reconsideration is considered a waiver of those procedures, and the Executive Committee shall forward its decision to the Dean. The Faculty member shall have the opportunity, within three (3) working days after notification by the Chair, to request reasons in writing. The Chair will inform the Faculty member of the possible adverse consequences of the existence of written reasons. If the Faculty member persists in the request, the Chair will immediately provide a copy of the Executive Committee’s statement of reasons.
5.174 – Reconsideration of Non-Retention
f the Faculty member wishes a reconsideration of non-retention by the Executive Committee, the request must be made within five (5) working days of the receipt of the oral reasons or within two (2) working days of the receipt of the written reasons. The meeting for reconsideration shall be held within fifteen (15) working days of receipt of the request except that if the last day of this period does not coincide with a regular day of instruction of any academic semester or regular summer session, it shall convene no later than five (5) working days after the next regular day of instruction of any academic semester or regular summer session. Written notice of the meeting must be given to the Faculty member at least seven (7) working days prior to such meeting. The reconsideration is not a hearing, nor an appeal, and shall be non- adversarial in nature. Its only purpose is to allow the Faculty member an opportunity to persuade the Executive Committee to change its negative decision by challenging the stated reasons and/or by offering new evidence not available at the initial consideration. The burden of proof is on the person requesting the reconsideration. The reconsideration meeting shall be closed unless an open meeting is requested by the Faculty member. At the reconsideration meeting, whether open or closed, the Faculty member is entitled to make a personal presentation, to present witnesses, to have counsel present, and to be provided with an audio recording of both the evidentiary and the deliberation phases of the reconsideration meeting. Following reconsideration, the Executive Committee shall forward in writing its decision to the Dean. If the Executive Committee decides to forward a negative decision, the reasons for the recommendation must be included.
5.175 – Dean’s Action on Negative Decision by Executive Committee
If the Executive Committee forwards a negative decision that will result in non-retention for a Faculty member, the Dean must accept that decision, subject to appeal procedures outlined below, and inform the Faculty member of the date when the Faculty member’s appointment is terminated.
5.176 – Dean’s Action on Positive Recommendation
- If the Executive Committee forwards a positive recommendation for tenure, the Dean shall forward that recommendation to the appropriate Divisional Executive Committee with a request for advice.
- If the Dean decides not to accept the Divisional committee’s advice, the Dean shall notify the Chair of the Divisional Executive Committee, and the Executive Committee of the department, with a copy to the individual involved, of the decision within a reasonable time. If the Faculty member, within twenty (20) working days, requests written reasons and/or reconsideration, the Dean shall respond to the request using the same procedures outlined for the departmental Executive Committee within ten (10) working days.
- All departmental Executive Committee positive recommendations received by the Dean shall be forwarded to the Chancellor together with relevant documentation and the advice of the Divisional Executive Committee and the Dean.
- If the Chancellor’s decision concerning tenure is negative, a non-renewal notice is effective upon its issuance by the Dean. The time limits, as stated in 5.19 for issuing a non-renewal notice, are not extended by subsequent hearing or subsequent appeals. The Chancellor shall supply a detailed statement of the reasons that ground the decision, if requested by the candidate.
5.177 – Divisional Committee Action on Recommendation
- In the event that negative advice is rendered by a Divisional Executive Committee which may result in a non-retention of a Faculty member, the following shall occur within seven (7) working days of the formulation of the recommendation before transmittal of such information to the Dean:
- Notice shall be given to the Chair of the departmental Executive Committee of the proposed negative advice. The departmental Executive Committee is required to meet to discuss a request for a reconsideration of the decision within the time period stated in 5.177(2). The Executive Committee is entitled but not required to request reconsideration.
- Notice shall be given to the affected Faculty member that the department has the right to request a reconsideration of the proposed negative advice by the Divisional Executive Committee provided such request is made within the time period stated in 5.177(2). The affected Faculty member has the right to request that the departmental Executive Committee request reconsideration of the proposed negative advice.
- A reconsideration may be requested under this section within ten (10) working days following receipt of notice per 5.177(1) except that if the last day of this ten (10) working day period does not coincide with a regular day of instruction of any academic semester or session, the request may then be given to the Divisional Executive Committee no later than five (5) working days after the next regular day of instruction of any following academic semester or session.
- In the event that a timely request for reconsideration is received by the Divisional Executive Committee, it shall convene within fifteen (15) working days of receipt of such request except that if the last day of this period does not coincide with a regular day of instruction of any academic semester or regular summer session, it shall convene no later than five (5) working days after the next regular day of instruction of any academic semester or regular summer session. Written notice of the meeting must be given to the Faculty member and the Executive Committee at least seven (7) working days prior to such meeting.
- If no reconsideration request is timely submitted, the Divisional Executive Committee shall forward its negative advice with a written statement of reasons to the Dean immediately upon the expiration of the period provided in 5.177(2).
- Advice given by Divisional Executive Committees is not appealable. Complaints alleging improper considerations as enumerated in 5.18(1)(a)-(c) may be filed with the University Committee at any stage of consideration.