5.50-5.55 – Discontinuation of Probationary Faculty for Programmatic or Budgetary Reasons

5.50 – Discontinuation of Probationary Faculty Employment for Reasons other than Cause or Individual Merit

Determinations to eliminate positions occupied by probationary Faculty members that are based on programmatic or budgetary grounds constitute de facto personnel determinations of non-renewal. Such determinations may be made only if prior written notice has been given that such factors may be invoked in a subsequent reappointment or promotion review. Such determinations may be made by UWM Administrators or by Executive Committees. Determinations made by UWM Administrators require demonstration that they are warranted by extraordinary circumstances. Determinations made by Executive Committees require demonstration of extraordinary circumstances only if the appointment of the affected probationary Faculty member is in the year in which the initial tenure review must occur or in the year immediately preceding such mandatory review. The burden of proof for demonstrating that extraordinary circumstances exist shall rest with the Faculty body or administrative officer invoking programmatic or budgetary considerations. In addition, in all such cases, advice must be sought from the appropriate Faculty body before any determination is made. This Faculty body is the Academic Planning Committee or equivalent of the college of the Faculty member if the determination is made within that unit (cf. 2.03). If the action is taken at the university level, the Faculty body is the Academic Program and Curriculum Committee (Chapter 6 Supplement, A1.2) and/or the Graduate Faculty Committee (Chapter 6 Supplement, A2.7), according to the role the position plays in undergraduate programs, graduate programs, or both.

  1. The procedural rights of probationary Faculty members are presumed to be equally applicable and inviolate under any financial, budgetary, and/or programmatic circumstances.
  2. The provisions of 5.50-5.55 will apply only in cases affecting the reappointment, promotion or non-retention of probationary Faculty members where budgetary or programmatic factors may be involved.

5.51 – Notification

Each Faculty member whose position is designated for elimination under 5.50 shall receive prompt written notification, which shall include at least the following:

  1. A statement of the bases on which the individual position was selected for elimination, including criteria and supporting data and a description of what alternative actions were considered short of the non-retention of the Faculty member, with the reasons that such alternatives were inappropriate.
  2. A statement of the effective date of the proposed action.
  3. A copy of 5.50-5.55 and such other information and/or procedural regulations as may be needed to comply with due process standards.
  4. If applicable, a summary of the reasons and evidence supporting the declaration of extraordinary circumstances invoked in the determination to eliminate the position for programmatic and/or budgetary reasons.

5.52 – Notification Period

Notice of the effective date referred to in 5.51(2) above must be in compliance with the notice periods as defined in 5.19. The effective date cannot occur before the end of the current term of appointment of the Faculty member.

5.53 – Reconsideration

Upon written notification of a determination for the elimination of a position occupied by a probationary Faculty member, the Faculty member may request a reconsideration. The Faculty member must make such a request within twenty (20) working days of receipt of notification, and may present written statements and other data addressing the reasons, supporting data, and other issues included in the written notification.

Upon receipt of such request from the Faculty member, the responsible Faculty body or administrative officer making the determination to eliminate the position, having provided an opportunity for a conference with the Faculty member involved, shall respond in writing within twenty (20) working days, addressing the issues and evidence presented by the Faculty member, and shall state whether the original determination is to stand or is in some way to be changed.

5.54 – Appeals: Faculty Appeals and Grievances Committee

At any time after notification to the Faculty member of the intent to eliminate their position, but no later than twenty (20) working days after written notification of a determination to eliminate the position or, if reconsideration has been requested, no later than twenty (20) working days after notice that the reconsideration has affirmed the determination to eliminate the position, the Faculty member may present an appeal to the University Committee for referral to the Faculty Appeals and Grievances Committee (Chapter 6 Supplement, A2.0). The Faculty Appeals and Grievances Committee may recommend that any action affecting the Faculty member be suspended pending a determination on the appeal.

  1. The determination of the Faculty Appeals and Grievances Committee will be based on a committee finding with respect to the criterion that extraordinary circumstances exist which warrant the elimination of the position, and/or with respect to an appeal by the Faculty member concerned that improper factors were involved in the determination to eliminate the position. “Improper factors” in this section include:
    1. Any of the “improper factors” as specified in 5.18(1) (except (c) (II)).
    2. Available data bearing materially on the role of the Faculty member in the institution were not considered.
  2. The Faculty member involved may present written evidence and data relevant to the case.
  3. If the Faculty Appeals and Grievances Committee finds that the elimination of the position is not warranted, then its determination shall be that further action not to retain the Faculty member under the provisions of 5.50 may not be taken.
  4. If the Faculty Appeals and Grievances Committee finds that the elimination of the position is indeed warranted, then the procedural steps not to retain the Faculty member may continue.
  5. The Faculty Appeals and Grievances Committee shall communicate its findings and final determination in writing both to the Faculty member concerned and to the Faculty body or administrative officer making the original determinations.

5.55 Reemployment Restriction Following Position Elimination

If a position is eliminated for the reasons and following the procedures of 5.50-5.54, no person other than the person whose position has been eliminated shall be employed at this institution within three (3) years of the termination date of that position to perform duties reasonably comparable to those of the Faculty member whose position has been eliminated and who has as a result been non-retained.