5.40-5.48 – Faculty Rights and Responsibilities Committee

5.40 – Authorization of Faculty Rights and Responsibilities Committee

The Faculty shall elect, in conformity with 5.44, a Faculty Rights and Responsibilities Committee.

5.41 – Faculty Rights and Responsibilities

  1. Members of the Faculty as defined in 5.01 individually enjoy and exercise all rights secured to them by the Constitutions of the United States and the State of Wisconsin, and by the principles of academic freedom as they are generally understood in higher education, including professional behavior standards and the expectation of academic due process and just cause, as well as rights specifically granted to them by: regent action, University of Wisconsin System rules, these policies and procedures, and relevant practices or established custom of their colleges and departments.
  2. Faculty members shall be subject to discipline only for conduct which: (a) Violates a UWM policy or rule or (b) violates state or federal law which directly, substantially, and adversely affects the ability of a Faculty member to perform the Faculty member’s responsibilities to the University.
  3. Faculty are responsible for teaching, research and other scholarly activity appropriate to the discipline, and public service. Furthermore, every Faculty member has an obligation to maintain professional honesty and integrity, to seek knowledge and to share that knowledge freely with others. It is the responsibility of Faculty members to share in the governance of the institution as a whole.

5.42 – Disciplinary Procedure Exclusive

Discipline shall be imposed on any Faculty member pursuant to the procedure hereinafter provided, except that dismissal charges are subject to the provisions of 5.21 through 5.29.

5.43 – Discipline Defined

Discipline may include, but is not limited to, the following proposed actions by an appropriate official of the University. Such actions shall be commensurate with the nature of the complaint:

  1. An oral reprimand;
  2. A written reprimand;
  3. Temporary reassignment or other restrictions on duties for a period to be determined;
  4. Temporary or permanent restriction of access to University property or services;
  5. Reimbursement for damages to, destruction, or misappropriation of University property of services;
  6. Reduction in salary or reduction of an increase in salary recommended by the department, other than for budgetary reasons;
  7. Suspension without pay for a specified period of time.

Counseling and/or other rehabilitative intervention may be considered as an alternative or supplement to discipline.

5.44 – Faculty Rights and Responsibilities Committee

  1. Membership. Seven (7) tenured members of the Faculty with at 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, or equivalent academic unit, and no more than one (1) member shall be from a single department. 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.
  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 April 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. All allegations of misconduct, which may include alleged human rights violations, made against one or more Faculty members or against a Faculty body are received through the University Committee, care of the Secretary of the University’s office. Upon referral by the University Committee, pursuant to the provisions of s. UWS 6.01, Wis. Admin. Code, the Committee conducts fact-finding concerning the allegations of misconduct and makes recommendations to the Provost concerning disciplinary action or appropriate corrective non-disciplinary action. The Committee may consult informally with individuals concerning questions which may lead to allegations of misconduct prior to the filing of formal complaints with the University Committee.
  5. Powers
    1. The committee conducts fact-finding concerning allegations of misconduct and makes recommendations to the Provost concerning disciplinary action or appropriate corrective non-disciplinary action.
    2. The committee may recommend dismissal of the complaint, or referral to the department or other equivalent administrative unit, or to the Faculty member for disposition if the committee does not judge the allegation to be serious enough to warrant its further action.
    3. Upon determination by the committee that misconduct of sufficient magnitude to warrant consideration of dismissal for cause might have occurred, the committee shall refer the matter without further consideration to the Provost.
    4. When the Provost has brought dismissal charges against a Faculty member against whom a complaint has been filed under 5.23, the provisions of 5.21 through 5.29 supersede, and any proceedings under 5.40 through 5.46 shall be suspended immediately.

5.445 – Committee Procedures

  1. Notification – The committee shall examine all complaints to determine whether a prima facie case exists. When a written complaint is lodged with the committee, the Faculty member involved shall be notified. If the committee decides on any action other than dismissal of the complaint, the Faculty member concerned shall be informed at once.
  2. Legal Counsel – At the request of the committee the University shall provide it with legal counsel.
  3. Findings – A finding of misconduct and recommendations for disciplinary action or a finding of no misconduct shall be reported only when at least five (5) members of the committee concur. When this condition is not met, no finding shall be reported. The vote shall be recorded in the minutes in any case.
  4. Transmittal of Findings – The committee shall transmit its findings and recommendations in writing to the Provost and the Faculty member involved within ten (10) working days after the conclusion of its proceedings.

5.45 – Objection(s) and Decision

  1. Filing of Objections – Within ten (10) working days after receipt of the findings and recommendation of the committee, the Faculty member or the complainant may file written objection(s) with the Provost.
  2. Provost’s Decision – The Provost shall, as soon as practicable after the expiration of this 10-day period, render a decision and transmit such decision to the Faculty member, the complainant and the committee.

5.46 – Fair Hearing

  1. Within 10 days of the Provost’s decision, the Faculty member may request a hearing pursuant to Wis. Admin. Code sec. UWS 6.01(2).
  2. The matter shall be heard by the Faculty Dismissal/Discipline Hearing Committee under 5.25.

5.465 – Recommendations: To the Chancellor

  1. The Faculty Dismissal/Discipline Hearing Committee shall transmit its findings of the fact and recommendations in writing to the Chancellor, with copies to the Provost, to the Faculty member concerned, and to the complainant within ten days of the conclusion of its proceedings.
  2. Within ten days of the transmittal of the committee’s findings and recommendations to the Chancellor, the Faculty member concerned or the original complainant may file written objections with the Chancellor.
  3. The Chancellor shall, as soon as practicable after the expiration of this ten-day period, render their decision and transmit such decision to the committee, the Provost, the Faculty member concerned, the original complainant, and the University Committee.

5.47 – Right of Appeal

The decision by the Chancellor on the committee recommendation or on the complaint in the absence of committee recommendation shall be final, except that the Board of Regents, at its option, may grant a review on the record.

5.48 – Committee Reports to the Faculty

The committee shall report to the Faculty Senate at appropriate times, but at least annually.