Dismissal for Cause

INTRODUCTION
Just cause for dismissal includes, but is not limited to, serious criminal misconduct, as defined in UWS 11.102. The burden of proof for just cause shall be on the administration.

Chapter 109 of the UWM Academic Staff Personnel Policies and Procedures (ASPPP) contains the full text of the dismissal for cause policy.

Other relevant policy is found in the Wisconsin Administrative Code UWS 11.

FOR THOSE WITH INDEFINITE STATUS APPOINTMENTS
Steps that occur prior to a request for a hearing of charges:

  1. The Chancellor receives an allegation against an academic staff member which appears to be substantial and, which if true, may lead to dismissal.
  2. The Chancellor shall request that the appropriate dean, division head, or designee investigate the allegation.
  3. The dean, division head, or designee shall seek to resolve the matter informally with the academic staff member and report the resolution to the Chancellor.
  4. The academic staff member and the complainant shall have the right to be accompanied by an advisor of their choice at any meeting or proceeding that is part of the institutional disciplinary process.
  5. If this discussion does not result in a resolution, the dean, division head, or designee shall prepare a written statement of specific charges within 15 working days of the request of the Chancellor. This deadline may be extended by written consent of the parties.
  6. A member of the academic staff may be dismissed only after receipt of a statement of specific charges. If a hearing is requested, the academic staff member cannot be dismissed until after the hearing in accordance with the provisions of UWS11 and the procedures of UWM. If the staff member does not request a hearing, dismissal action shall proceed along normal administrative lines but the provisions of ss. UWS 11.02, 11.08, and 11.09 shall apply.

Hearing Process Summary

  1. If an academic staff member requests a hearing of the charges under UWS 11.02, such hearing shall proceed under UWS 11.04-11.07 and UWM ASPPP Chapter 109.
  2. Inform the Secretary of the University’s Office at secofunv@uwm.edu that you will be requesting a hearing.
  3. Complete and submit an electronic copy of the Dismissal for Cause Intake Form along with supporting documentation to the Secretary of the University’s Office at secofunv@uwm.edu.
  4. Time Limitations. The academic staff member has 20 working days from the service of the statement of charges (25 working days if notice is by first class mail and publication) to request a hearing and the hearing must be held not later than 20 working days after the request. The time limit may be extended by mutual consent of the parties or by order of the hearing body.
  5. Pre-hearing procedures are listed here.
  6. General hearing protocol is listed here.
  7. 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.

FOR THOSE WITH PROBATIONARY OR FIXED TERM APPOINTMENTS
Steps that occur prior to an Appeal of Dismissal:

  1. A dismissal shall not become effective until the individual concerned has received a written notification of specific charges and has been offered an opportunity for a hearing before the appropriate dean or director or their designee.
  2. If such hearing is requested, a determination of just cause and notification of dismissal shall be made by the dean or director or designee. The hearing before the dean, director, or designee shall provide the academic staff member with an opportunity to present evidence and argument concerning the allegations. If no hearing is requested, the dismissal will proceed along normal administrative lines if not otherwise specified in the notification of charges.
  3. Dismissal shall be effective immediately on receipt of written notification of the decision of the dean or director or designee unless a different dismissal date is specified by the dean or director.
  4. Dismissals for cause shall be appealable by filing a request with ASHAC.

Appeal Process Summary

  1. The provisions of s. UWS 11.04, procedural guarantees, contained in ss. UWS 11.05 and 11.06 and the review provisions of s. UWS 11.07, shall be applicable to the appeal proceeding.
  2. Inform the Secretary of the University’s Office at secofunv@uwm.edu that you will be appealing a dismissal decision.
  3. Complete and submit an electronic copy of the Dismissal for Cause Intake Form along with supporting documentation to the Secretary of the University’s Office at secofunv@uwm.edu.
  4. Time Limitations. The academic staff member has 20 working days from the receipt of the notice of dismissal (25 working days if notice is by first class mail and publication) and the appeal hearing must be held not later than 20 working days after the request. The time limit may be extended by mutual consent of the parties or by order of the hearing body.
  5. Pre-hearing procedures are listed here.
  6. Hearing protocol is listed here.
  7. 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.
  8. In no event shall a decision favorable to the appellant extend the term of the original appointment. If a proceeding on appeal is not concluded before the appointment expiration date, the academic staff member concerned may elect that such proceeding be carried to a final decision. Unless such election is made in writing, the proceeding shall be discontinued at the expiration of the appointment.