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.  

  1. 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.  
  2. 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.  
  3. 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.  
  4. Hearing Body. Pursuant to UWS 11.03, the Academic Staff Hearing and Appeals Committee (ASHAC) shall serve as the hearing body in cases of dismissal for cause. The ASHAC will act as the impartial hearing officer as required by Wisconsin Statute 36.115 (4) The hearing body 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 body who has heard a related grievance involving the academic staff member requesting the hearing shall be disqualified. If any of the members of the hearing body disqualify themselves or are disqualified, the committee shall select, by majority vote, an equal number of replacements from the list established in Article I, Section 2 (F) of the bylaws. The vote shall be in open session and results shall be binding.  
  5. 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.  
  6. Recommendations. The hearing body shall send a verbatim record (e.g., audio) of the testimony, a 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.