Appeal of Non-Renewal of Probationary Academic Staff

Introduction

Non-renewal is termination of employment at the end of the current term of appointment. Non-renewal is not a dismissal, as described under UWS 11. In making a decision that may involve non-renewal, the Dean or Division Head and Supervisor shall start the process early enough to allow time for an appeal and possible reconsideration and to abide by policy deadlines for notification of non-renewal for Academic Staff, per UWM Academic Staff Personnel Policies and Procedures (ASPPP) Chapter 108 (Notice Periods).

Differences by appointment type:

  • Probationary academic staff may appeal a non-renewal decision under specific circumstances (see Grounds for Appeal below). The act of filing an appeal will not in itself extend the duration of an appointment if appropriate notice has been given.
  • Fixed-Term staff may request reconsideration of non-renewal. This process has very short timelines (see Chapter 106). Reconsideration does not involve a hearing by ASHAC.

Chapter 106 of the UWM ASPPP contains the full text of the non-renewal policy.

Other relevant policy is found in the Wisconsin Administrative Code UWS 10.04.

Academic Staff Member’s Right to Written Reasons for Non-Renewal

  1. Fixed-term and probationary academic staff who are not renewed for reasons of budget or program decision shall be provided reasons in the notice of non-renewal.
  2. If non-renewal is issued for reasons other than budget or program decision, the Academic Staff member may request, in writing, written reasons within five working days of receipt of notification of non-renewal.
  3. The Dean or Division Head must respond, in writing, within five working days of receipt of the request.
  4. The Academic Staff member may then submit their response to the non-renewal and written reasons within five working days.
  5. All of the correspondence above becomes part of the employee’s official personnel file.

Grounds for Appeal

An appeal of a non-renewal decision must be based on one or more of the following factors, with material prejudice to the individual:

  • Non-renewal was improperly based on conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom.
  • Non-renewal was improperly based on factors proscribed by applicable state or federal laws regarding fair employment practices.
  • Non-renewal was based on improper consideration of qualifications for reappointment or renewal. Improper consideration shall be deemed to have been given to the qualifications of an academic staff member if material prejudice resulted because of any of the following:
    • The procedures required by rules of the Academic Staff were not followed.
    • Available data bearing materially on the quality of performance were not considered.
    • Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.

Appeal Process

  1. Non-renewal decisions may be appealed consistent with UWS 10.04. A pending appeal of the non-renewal decision does not in and of itself extend the appointment if appropriate notice has been given.
  2. If you intend to submit an appeal for non-renewal, inform the Secretary of the University’s Office at secofunv@uwm.edu or 414-229-5988.
  3. Complete and submit an electronic copy of the non-renewal intake form (DOCX) along with supporting documentation for an appeal to secofunv@uwm.edu within 20 working days after the date of written notification of non-renewal (25 working days if notice is by first-class mail).
  4. Pre-hearing procedures are listed on the Prehearing Procedures and Hearing Protocols page.
  5. Parties to the hearing shall be given at least five working days’ notice of the scheduled time and place of the hearing.
  6. A hearing for the appeal shall be held no later than 15 working days after the request. This time limit may be extended by mutual written consent of the parties or by written order of ASHAC. General hearing protocol is listed on the Prehearing Procedures and Hearing Protocols page.
  7. Within 15 working days of the conclusion of the hearing, a written report shall be forwarded by ASHAC to the Chancellor and Dean or Division Head, with a copy to the Academic Staff member.
  8. ASHAC Report/Recommendations:
    • In cases where ASHAC finds a decision was in violation of UWS 10.04, ASHAC will order a reconsideration of a non-renewal decision.
      • Within 15 working days of receipt of the report, a reconsideration meeting will be held.
      • The Academic Staff member will be notified a minimum of five working days prior to the meeting. The time limit may be extended by mutual written consent of the parties.
      • Within 10 working days of the reconsideration meeting, the Dean or Division Head will prepare a report, including their findings on the reconsideration decision and their response to ASHAC’s report. The report will be placed in the official personnel file with a copy sent to the Academic Staff member, ASHAC, and the Chancellor
    • In cases where a reconsideration is not ordered by ASHAC, within 10 working days of the receipt of ASHAC’s report, the Dean or Division Head shall accept or reject the report, in full or in part, and will notify the Academic Staff member, the Chancellor, and ASHAC in writing of their decision.
  9. Within 10 working days of the receipt of the Dean or Division Head’s response, the Chancellor shall accept or reject the Dean or Division Head’s decision and notify the Dean or Division Head, ASHAC, and the Academic Staff member, in writing. The Chancellor’s decision shall be final.

Academic Staff Hearing & Appeals Non-Renewal Timeline

  1. Supervisor forwards written recommendation of non-renewal, including justification, to Dean or Division Head
    • Date letter forwarded to Dean/DH: +10 working days
  2. Dean/DH has 10 working days from date of supervisor’s letter to inform Academic Staff (AS) member
    • Date by which Dean/DH must inform AS: +5 working days
  3. AS has 5 working days from receipt of Dean/DH letter to request reasons for non-renewal
    • Deadline for requesting reasons: +20-25 working days
  4. AS has 20 working days from receiving reasons (25 working days if notification was via first class mail) to file appeal
    • Deadline for filing appeal: +15 working days
  5. Hearing to be held no later than 15 working days after request (may be extended by ASHAC)
    • Hearing to be held by this date: +15 working days
  6. ASHAC will issue written report within 15 working days of hearing
    • Deadline for ASHAC report: +10 working days
  7. Dean/DH has 10 days to respond to ASHAC and the Chancellor
    • Deadline for Dean/DH response to ASHAC report: +10 working days
  8. Chancellor responds within 10 working days*
    • Deadline for Chancellor’s response: +15 working days
  9. If Chancellor orders reconsideration, the reconsideration meeting must be held within 15 working days
    • Deadline for reconsideration meeting: +10 working days
  10. Reconsideration report due to Chancellor within 10 working days of meeting
    • Deadline for reconsideration report: +10 working days
  11. Chancellor has 10 working days to make final decision
    • Deadline for Chancellor’s decision

*This decision is final if the Chancellor does not order a reconsideration.