5.21-5.29 – Dismissal for Cause

5.21 – Dismissal for Cause: Tenure Appointments

A Faculty member who holds a tenure appointment as defined in 5.03(2) may be dismissed only by the Board of Regents for just cause and only after due notice and, if requested by the Faculty member, a hearing.

5.22 – Dismissal for Cause: Non-Tenure Appointments

  1. A Faculty member having a probationary appointment as defined in 5.03(1) may be dismissed prior to the end of the term of appointment only by the Board of Regents for just cause and only after due notice and, if requested by the Faculty member, a hearing.
  2. Non-renewal of a probationary appointment is not a dismissal for cause under the provisions of this section.

5.225 – Authorization of Faculty Dismissal/Discipline Hearing Committee

The Faculty shall elect, in conformity with 5.26, a Faculty Dismissal/Discipline Hearing Committee.

5.23 – Dismissal for Cause Procedures

Dismissal proceedings are initiated by the Chancellor or the Chancellor’s designee. The Chancellor has designated the Provost for these purposes. Within a reasonable time after receipt by the Provost of a complaint against a Faculty member, verified by the complainant, which the Provost deems substantial and which, if true, might lead to dismissal under 5.21 or 5.22, the Provost conducts an investigation. If the investigation appears to support the complaint, the Provost offers to discuss the matter informally with the Faculty member. If the Faculty member refuses to discuss the matter or it is not resolved by discussion, the Provost prepares written charges, and causes the same to be served upon the Faculty member personally or by certified mail.

The Faculty member may request a hearing on the charges within 20 days under 5.25 and Wis. Admin. Code sec. UWS 4.04.

If the Faculty member does not request a hearing, the matter proceeds per 5.28(3).

5.24 – Just Cause

A Faculty member is entitled to enjoy and exercise all rights and privileges of a United States citizen, and the rights and privileges of academic freedom as they are generally understood in the academic community. This policy shall be observed in determining whether just cause for dismissal exists. The burden of proof of the existence of just cause for dismissal is on the UWM Administration.

5.25 – Fair Hearing

The Faculty member addresses a written request for a hearing to the Chair of the Faculty Dismissal/Discipline Hearing Committee. A fair hearing includes:

  1. Service of notice of hearing with a specific charge in writing at least ten (10) working days prior to the hearing.
  2. A right to the names of witnesses and of access to documentary evidence upon the basis on which dismissal is sought.
  3. A right to be heard in the Faculty member’s defense.
  4. A right to an advisor, counsel or other representative, and to offer witnesses.
  5. A right to confront and cross-examine adverse witnesses. If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the hearing committee may reasonably direct the manner of questioning consistent with applicable Title IX regulations.
  6. A verbatim record of all hearings, which might be a sound recording, provided at no cost.
  7. Written findings of fact and a decision based on the hearing record.
  8. Admissibility of evidence governed by Wis. Stats. 227.45 (1) to (4).

5.26 – Dismissal/Discipline Hearing Committee

  1. Membership. Seven (7) tenured members of the Faculty with a least one representative from each Faculty Division, no more than two (2) of whom shall be from a single Faculty Division. No more than three (3) members shall be from a single college and no more than one (1) member shall be from a single department in a departmentalized school or college. Members who have been elected to and have served a full three-year term are not eligible for re-election until two (2) years have elapsed. Members who are elected to a partial term are eligible for reelection. If a member is disqualified in a particular case, the University Committee shall name a replacement except when the disqualification occurs after the hearing has commenced.
  2. Nominations and Elections. Nominations for election to the committee shall be by the Nominations Committee and by the Faculty in accordance with the regular procedures for elected Faculty committees. Elections shall be conducted in the same manner as for other Faculty committees.
  3. Chair. In the spring semester, the committee shall elect a Chair for the following year from among its continuing members. The decision shall be communicated to the Secretary of the University by May 15. The duties of the new Chair will commence on the first day of the fall semester, except that the new Chair may serve over the summer by agreement of the committee in the event that the incumbent Chair is unable to serve.
  4. Functions. The committee conducts the hearing in compliance with Sections 5.25 and 5.46. Per UWS 4.06(1)(c), the hearing shall be closed unless the Faculty member concerned requests an open hearing, in which case it shall be open.

5.27 – Recommendations: To the Chancellor: To the Board of Regents

  1. The Dismissal/Discipline Hearing Committee shall send to the Chancellor and to the Faculty member concerned, as soon as practicable after conclusion of the hearing, a verbatim record of the testimony and a copy of its report, findings, and recommendations. The committee may determine that, while just cause for discipline exists, some sanction less severe than dismissal is more appropriate.
  2. Within twenty (20) working days after receipt of this material, the Chancellor shall review it and afford the Faculty member an opportunity to discuss it. The Chancellor shall prepare a written recommendation within twenty (20) working days following the meeting with the Faculty member, unless the proposed recommendation differs substantially from that of the committee.
  3. If the Chancellor’s proposed recommendations differ substantially from those of the Dismissal/Discipline Hearing Committee, the Chancellor shall promptly consult the Dismissal/Discipline Hearing Committee and provide the committee with a reasonable opportunity for a written response prior to forwarding the recommendation.
  4. If the recommendation is for dismissal, the recommendations shall be submitted through the President of the University of Wisconsin System to the Board of Regents.
  5. A copy of the Dismissal/Discipline Hearing Committee’s report and the recommendations shall be forwarded through the President of the System to the Board of Regents along with the Chancellor’s recommendation. A copy of the Chancellor’s recommendation shall also be sent to the Faculty member concerned and to the Dismissal/Discipline Hearing Committee.
  6. Disciplinary action other than dismissal may be taken by the Chancellor, after affording the Faculty member opportunity to be heard on the record, except that, upon written request by the Faculty member, such action shall be submitted as a recommendation through the President of the System to the Board of Regents, together with a copy of the Dismissal/Discipline Hearing Committee’s report and recommendation.

5.28 – Board of Regents Review

  1. If the Chancellor recommends dismissal, the Board of Regents shall review the record before the Dismissal/Discipline Hearing Committee and provide an opportunity for filing exceptions to the recommendations of the Dismissal/Discipline Hearing Committee or Chancellor, and for oral arguments, unless the Board of Regents decides to drop the charges against the Faculty member without a hearing, or the Faculty member elects to waive a hearing. This hearing shall be closed unless the Faculty member requests an open hearing.
  2. If, after the hearing, the Board of Regents decides to take action different from the recommendations of the Dismissal/Discipline Hearing Committee and/or the Chancellor, then before taking final action, the Board of Regents shall consult with the Dismissal/Discipline Hearing Committee and/or the Chancellor, as appropriate.
  3. If the Faculty member whose dismissal is sought does not request a hearing, the Board of Regents shall take appropriate action upon receipt of the statement of charges and recommendation of the Chancellor.

5.285 – Further Jeopardy Prohibited

Following the recommendations of the committee, the Faculty member involved shall not be charged again for the same misconduct.

5.29 – Suspension from Duties

Pending final decision as to dismissal, the Faculty member shall not normally be relieved of duties; but if, after consultation with appropriate Faculty committees, the Chancellor finds that substantial harm to the University may result if the Faculty member continues in the position, the Faculty member may be relieved immediately of duties, but on salary until the Board of Regents makes its decision as to dismissal. A decision by the Board of Regents ordering dismissal shall specify the effective date of dismissal.