104.02 – Fixed-term Appointments

Fixed-term appointments should not be used for positions that have been probationary. 

Fixed-term appointments are renewable, rolling horizon, or terminal. An initial fixed-term appointment may include a period of up to two months during which the appointee may be dismissed without appeal at the discretion of the appointing authority. If such a period of evaluation is used the employment contract must so state. A dismissal during this period is not subject to the provisions of UWS 11. Once the evaluation period has been successfully completed, the employment of an academic staff member holding a fixed-term renewable or fixed-term rolling-horizon appointment may be ended only for reasons of (1) funding loss, (2) a budget or program decision that requires a program to be discontinued, curtailed, modified or redirected, (3) unsatisfactory performance, or (4) misconduct, according to the procedures outlined in Chapter 106, 109, and 110. 

  1. Fixed-Term Renewable Appointment. This appointment is for the initial term specified in the letter of appointment and is renewable so long as the appointee renders satisfactory service, funds are available, and the directions or needs of the program do not change. 

Appointments for terms up to and including one year renew for the same term unless the academic staff member receives a written notice to the contrary. A letter of reappointment is not required. If the term of appointment is increased, a letter of reappointment is required. 

Appointments for terms of longer than one year, including multiple-year appointments, do not require a letter of reappointment during the original term. To renew the appointment for more than one year requires a reappointment letter. If a reappointment letter or nonrenewal notice is not issued before the end of the original term, then the appointment becomes a one-year fixed-term renewable appointment. 

  1. Fixed-Term Rolling Horizon Appointment. A rolling-horizon appointment extends daily for the term specified in the letter of appointment. The term may be for one or more years. For example, a three-year rolling-horizon appointment automatically renews every day and entitles the employee to a full three years’ notice of nonrenewal. 

The term of a rolling-horizon appointment may be increased or decreased at any time. If the term is increased, the new term shall take effect upon written notification. If the term is reduced, written notification is required and shall include the reasons for the change, i.e., funding loss, budget or program decision as defined in UWS 36.22, or unsatisfactory performance. The appointment will cease rolling until the period by which the appointment is being reduced has elapsed. For example, if a three-year rolling-horizon appointment is reduced to a two-year rolling-horizon appointment, the appointment will cease rolling until one year has elapsed, then resume as a two-year rolling-horizon appointment. 

A rolling-horizon appointment may be changed to a fixed-term renewable appointment upon written notice to the employee with copies to the dean or director and the academic personnel office. The notice shall include the reasons for the change, i.e., funding loss, budget or program decision as defined in UWS 36.22, or unsatisfactory performance. The initial length of the new fixed-term renewable appointment shall equal the term of the former rolling-horizon appointment. 

A decrease in the term of a rolling-horizon appointment or a change to a fixed-term renewable appointment may be grieved in accordance with Chapter 112 when the employee believes the action to be arbitrary, capricious, for reasons prohibited by law, or in violation of University of Wisconsin-Milwaukee Academic Staff Personnel Policies and Procedures. 

  1. Fixed-Term Terminal Appointment. Fixed-term terminal appointments are made when the appointment is for a period of three years or less, with no anticipation of renewal. The appointment letter will specify the appointment termination date. For academic staff members who have held a 50% or greater appointment in a given department, the following applies: 
    1. For academic staff holding annual appointments, fixed-term terminal appointments may be offered repeatedly, but the total period of appointment may not exceed three years. Continuation of the position beyond the three years shall be as a fixed-term renewable, rolling horizon, multi-year, or probationary appointment. 
    2. For academic staff holding appointments for either or both semesters in each of the last three successive academic years, reappointment shall be as a fixed-term renewable, rolling horizon, multi-year, or probationary appointment on a similar basis, e.g., one-semester or two-semester appointment. 

Reappointment to a fixed-term terminal position beyond the periods specified above may be made with the approval of the dean/division head or designee if there is cause to do so. In no case, however, shall fixed-term terminal appointments be used repeatedly to avoid granting the increased job security provided by fixed-term renewable and fixed-term rolling-horizon appointments. 

  1. For academic staff holding fixed-term appointments sustained, supported or underwritten by a grant, contract or short-term funding, appointments may be renewed for an unlimited period of time to the extent that full funding is available from such source(s) and the appointee satisfies the requirements of the position (including but not limited to Athletic Coaches). Such appointments, however, do not imply a commitment of employment beyond the duration of the sources of funding. 

Fixed-term appointments supported by extramural funding or other short-term funding are ineligible for probationary and indefinite status regardless of the number of times such appointments are renewed. Each document evidencing an appointment under this policy must carry the notation “contingent on availability of funds.” 

Those with service of three or more years at 50% time or greater in the same fixed-term position in the same operational area should be considered for a multi-year, renewable, or rolling horizon fixed term appointment or a probationary appointment. 

Those with service of three or more years at 50% time or greater in the same position in the same operational area who are not given at least a two-year fixed-term or a probationary appointment shall be given written reasons. Those with service of seven or more years at 50% time or greater in the same position in the same operational area who are not given at least a three-year fixed-term or a probationary appointment shall be given written reasons.