- Written appeal may be made within twenty (20) working days of notice (25 days if notice is by first class mail) of a decision that results in non-retention. Such appeals are filed with the University Committee, care of the Secretary of the University’s office, for referral to the Faculty Appeals and Grievances Committee. The Faculty Appeals and Grievances Committee reviews the case not later than twenty (20) working days after it receives the request, except that the time limit can be enlarged by mutual consent of the parties or by order of the Faculty Appeals and Grievances Committee.
The Faculty member shall be given at least ten (10) working days notice of the review. The burden of proof in such an appeal shall be on the Faculty member, 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.- Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, or
- Factors proscribed by applicable state or federal law regarding fair employment practices, or
- Improper consideration of qualifications. For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a Faculty member in question if material prejudice resulted because of any of the following:
- The procedures required by rules of the Faculty or Board of Regents were not followed, or
- Available data bearing materially on the quality of performance were not considered, or
- Unfounded, arbitrary or irrelevant assumptions of fact were made about work or conduct.
- The Faculty Appeals and Grievances Committee reports its findings to the individual filing the appeal, the University Committee, the body or official making the non-renewal recommendation or decision, the appropriate Dean, and the Chancellor. Such a report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration of the decision, reconsideration under instructions from the Committee, or a recommendation to the next higher-level authority. Cases shall be remanded unless the Faculty Appeals and Grievances Committee specifically finds that such a remand would serve no useful purpose. If the Committee concludes that the decision by a Executive Committee was based on impermissible factors and that remand to the Executive Committee will not serve or has not served a useful purpose, then the Committee’s report shall indicate that the appellant may request a de novo review by an ad hoc committee in accordance with the provisions of s. 36.13 (2)(b) Wis. Stats. and 5.181 – 5.186, UWM Policies and Procedures. The Faculty Appeals and Grievances Committee shall retain jurisdiction during the pendency of any reconsideration, the University Committee shall retain jurisdiction during a de novo review by an ad hoc committee. The decision of the Chancellor will be final on such matters.
5.181 – Request for Tenure Review by ad hoc Committee
When a candidate for promotion or tenure receives notice from the Faculty Appeals and Grievances Committee that impermissible factors were used by the Executive Committee in making the decision and that remand has not or will not serve a useful purpose, the candidate may request a review by an ad hoc committee. The request must be made to the University Committee within two weeks of the date on which the notice is received. Upon such request and as soon as practicable, an ad hoc committee shell be established by the University Committee for the purpose of providing a de novo review of the candidate’s accomplishments and department criteria for tenure. The University Committee retains jurisdiction until the Dean has concluded action concerning the candidate’s appointment.
5.182 – Composition of the ad hoc Review Committee
The ad hoc review committee shall be composed of no fewer than 3 and no more than 5 members, who are knowledgeable in the candidate’s area of expertise, and impartial with respect to the outcome of the decision. Ad hoc review committee members are not restricted to UWM Faculty. No member of the candidate’s department may serve as a member of the ad hoc review committee.
5.183 – Selection of Members of the ad hoc Review Committee
The selection and appointment of members to the ad hoc review committee shall be at the sole discretion of the University Committee. Both the Executive Committee and the candidate may submit a list of individuals for the University Committee to consider for possible appointment to the ad hoc review committee. The University Committee may consult other sources, such as other Faculty members in the UW system or at other universities, or professional or academic societies, in order to identify suitable individuals for possible appointment to the ad hoc review committee. The University Committee shall select the Chair of the ad hoc review committee.
5.184 – Procedures for ad hoc Review Committee
- Any and all communication with the ad hoc review committee, or any of its individual members, shall be conducted exclusively by the University Committee, except as provided in 5.184(2), below.
- The ad hoc review committee shall hold a meeting within six weeks of the date by which time all members have received the candidate’s materials for review. The University Committee may extend this time period if fairness warrants an extension. The candidate shall be given notice of this meeting. The meeting may be held in closed session per s. 19.85, Wis. Stats., unless the candidate requests an open meeting, per s. 19.85(1)(b), Wis. Stats. The purpose of the meeting of the ad hoc review committee is two-fold:
- to allow clarification concerning the candidate’s record and the criteria for promotion or tenure in the department, for which purpose the ad hoc review committee may interview (a) the candidate, and (b) others as the Committee sees fit, provided the Committee has the explicit permission of the University Committee; and
- to facilitate discussion among the committee members on the issue of the Faculty member’s qualifications for promotion or tenure, based on the record, for which purpose all members of the ad hoc review committee shall be present, either in person or via telephone, during all phases of the meeting.
- Votes must be recorded, signed, and dated. Mailed ballots must be postmarked within two working days of adjournment, and mailed to the University Committee office. Other ballots must be hand-delivered to the University Committee office within two working days of adjournment. Ballots will be tallied by two members of the University Committee. A simple majority vote is required for a positive recommendation. The University Committee reports the ad hoc review committee’s recommendation to the Dean, with copies to the appellant, the appellant’s Executive Committee, and the Faculty Appeals and Grievances Committee.
- Upon receipt of written notification of a negative decision by the ad hoc review committee, the Faculty member may file a written appeal within two weeks to the University Committee for referral to the Faculty Appeals and Grievances Committee. Only impermissible factors listed in 5.18 (a-c) above may be cited in the written appeal.
5.185 – Dean’s Action on Negative Decision
If the decision of the ad hoc review committee will result in non-retention, the Dean must accept that decision and inform the Faculty member of the date when the Faculty member’s appointment is terminated.
5.186 – Dean’s Action on Positive Recommendation
If the recommendation of the ad hoc review committee is positive, the provisions in 5.176, 5.177, and 5.18 or in 5.20 will apply.