106.02 – Appeal of Non-Renewal for Probationary Academic Staff

A. Right of Appeal 

  1. Non-renewal decisions may be appealed consistent with UWS 10.04. 
  2. A pending appeal of the non-renewal decision does not in and of itself extend the appointment if appropriate notice has been given. 

B. Hearing Body 

  1. The Academic Staff Hearing and Appeals Committee shall constitute the Hearing Body. 
    1. The Hearing Body may, on motion of either party, disqualify any of its members by a majority vote. 
    2. Any member of the Hearing Body who has had any involvement in the non-renewal action of the academic staff member requesting the hearing shall be disqualified. 
    3. If any 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 of academic staff established in the committee bylaws. 

C. Appeal Process 

  1. Initiation of Appeal 
    1. Appeals for non-renewal decisions shall be brought to the Hearing Body within 20 working days after the date of written notification of non-renewal to the academic staff member (25 working days if notice is by first-class mail). 
    2. A hearing for the appeal shall be held no later than 15 working days after the request. This time limit may be extended by mutual written consent of the parties or by written order of the Hearing Body. 
    3. Parties to the hearing shall be given at least five working days’ notice of the scheduled time and place of the hearing. 
  2. Scope – The scope and procedures of the hearing for the appeal shall be limited under UWS 10.04. The burden of persuasion in such a review shall be on the non-renewed appointee and the scope of the review shall be limited to the question of whether the decision was based in any significant degree upon one or more of the following factors, with material prejudice to the individual: 
    1. Conduct, expressions, or beliefs which are constitutionally protected, or actions which are consistent with an appropriate professional code of ethics. 
    2. Employment practices proscribed by applicable state or federal law, or 
    3. Improper consideration of qualifications for reappointment or renewal. For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a staff member in question if material prejudice resulted because of any of the following: 
      1. The procedures required by the chancellor or board were not followed, or 
      2. Available data bearing materially on the quality of performance were not considered, or 
      3. Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct. 
  3. Hearing 
    1. Counsel and Witnesses. At the hearing, the academic staff member may have counsel present, present witnesses, and will be provided with a recording of the proceedings. While the parties to the hearing may have advisors or counsel of their choice present at the hearing for the purpose of providing advice, such advisors or counsel may not participate directly in the hearing. 
    2. Open or closed meeting. The hearing shall be closed unless the academic staff member requests an open meeting. 
    3. The hearing shall proceed according to the processes of the Hearing Body. 
  4. Report and Remedies 
    1. A written report shall be forwarded by the Hearing Body to the chancellor and dean or division head, with a copy to the academic staff member, within 15 working days of the conclusion of the hearing. Remedies may include but are not limited to reconsideration by the dean or division head, reconsideration by the dean or division head under instructions from the Hearing Body, or a recommendation to the next higher administrative level. See 106.03 below. 
    2. Cases in which the Hearing Body finds that a decision was in violation of UWS 10.04, as noted in 106.02.C. 2 above, shall be remanded and the Hearing Body shall retain jurisdiction during the reconsideration process. 
    3. Except as noted in 106.03 below in regard to reconsiderations, the dean or division head shall accept or reject the report, in full or in part, and shall so notify the academic staff member, the chancellor, and the Hearing Body in writing of their decision within ten working days of the receipt of the report. 
      1. The dean or division head shall send a copy of the Hearing Body’s report to the chancellor along with their response to the report. 
      2. The chancellor shall accept or reject the dean or division head’s decision and notify the dean or division head, the Hearing Body, and the academic staff member, in writing, within ten working days of the receipt of the dean or division head’s response. 
      3. The Chancellor’s decision shall be final. 
    4. If the chancellor’s decision directs that a reconsideration take place, the dean or division head shall order a reconsideration under 106.03, Reconsideration of Non-Renewal for Probationary Employees, unless the academic staff member states in writing within ten working days of the receipt of the report that they do not wish reconsideration. Where reconsideration takes place, the dean or division head’s response to the Hearing Body’s report shall be incorporated into their report of findings prepared in accordance with III.