Academic Staff Personnel Policies & Procedures

Pursuant to Wisconsin Statutes 36.09(4m) and UWS 9.01, of the Wisconsin Administrative Code Rules of the Board of Regents, these policies and procedures apply to all academic staff appointments on the University of Wisconsin-Milwaukee campus.

• Academic Staff member – Professional and administrative personnel other than faculty and University staff with duties, and subject to types of appointments, that are primarily associated with higher education institutions or their administration.
  • Faculty status granted to an academic staff member, as described under the University of Wisconsin – Milwaukee Faculty Policies and Procedures, Chapter 101 (1) (b), does not affect the holder’s rights and privileges as an academic staff member.
• College – A college is an organizational unit with a dean as its chief executive officer.
• Cumulative years of service – The combined years of service to the University with an appointment of 50% or greater, regardless of position, title, unit, or continuity of appointment.
• Division – A division is an organizational unit with a vice chancellor as its chief executive officer.
• Functional Area – The specific unclassified work category which is defined by the majority of the type of work assigned to the position (i.e. – instructional or non- instructional).
• Limited Title Appointment (Executive Administrative Staff) – A special appointment to a designated administrative position. This type of appointment serves at the pleasure of the authorized official who made the appointment and holds no governance standing.
  • Operational Area: Indefinite – The college or division in which an indefinite academic staff member works.
• Operational Area: Probationary/Fixed-Term – The department, program, unit and/or division where an academic staff member works as indicated in the employment contract.
• Prior Years of Service – The number of years an academic staff member may be credited at the time of initial probationary appointment.
• Years of Service – One year of service equates to one year of full-time employment or one-year “prior service” as counted in accordance with Chapter 104.
• Years of Service: Calculation – Calculating years of service shall be done using the anniversary date of the first contract date plus any prior years of service credited. The first year of one’s contract shall be considered the academic staff member’s first year (unless otherwise stipulated in the contract) and the anniversary date begins the next year of service.

There shall be two functional areas within the academic staff:

• Non-Instructional: Academic staff members who primarily carry out non- instructional and non-research academic responsibilities.
• Instructional: Academic staff members who primarily carry out instructional and/or research responsibilities.

All academic staff members as defined in Section 101.03 of these Policies and Procedures shall be a member of one of these functional areas as specified in the employment contract.

For individuals holding limited title appointments concurrent with probationary or indefinite academic staff appointments, the functional area shall be that of the concurrent academic staff appointment, as specified in the appointment letter.
(AS Doc 76, 1/13)
(AS Doc 106, 8/17)

Pursuant to s36.09(4m) and UWS 9.02, the University of Wisconsin-Milwaukee Senate of the Academic Staff makes recommendations to the Chancellor on the development of policies and procedures relative to the academic staff for approval by the institution.

The Senate of the Academic Staff is a duly-elected body, representative of the University academic staff as defined in the Bylaws. The Senate holds the jurisdiction and powers of the academic staff between general meetings of the academic staff. Changes in the Bylaws of the Senate of the Academic Staff must be approved by the University academic staff. The Bylaws of the Senate are published separately.

1. Subject to the limitations of Wis. Stats. and the policies of the Board of Regents, formal actions taken by the University academic staff or its Senate become University policy to be implemented by appropriate authorities within 30-days after they have been transmitted to the Chancellor by the Secretary of the University.
2. The Chancellor may delay implementation of any academic staff action or part thereof beyond the 30 day period by notifying the Academic Staff Committee, within that period, of their intention and the reasons therefore.
   (Editorially revised 2/21)

The Academic Staff Committee is the executive committee of the Senate of the Academic Staff. 

The term of office of the members, election procedure, and the structure of the committee shall be defined in the Bylaws of the Committee. The functions of the Academic Staff Committee are as stated in the Bylaws of the Committee. 
(AS Doc 62, 7/11)

All academic staff members on probationary or indefinite status shall be eligible to vote for the members of the review committee of their functional area.  All academic staff review committee members must have an indefinite appointment.

The review committees shall develop and annually review procedures and criteria for evaluation and change to indefinite status. These procedures and any changes shall be subject to approval by the Senate of the Academic Staff. The academic staff review committees make recommendations under Section 107.03 of these Policies and Procedures. 
(AS Doc 62, 7/11)
(Editorially Revised, 2/21)

The Senate of the Academic Staff may establish additional committees and dissolve existing committees as it determines necessary.

Pursuant to UWS 10.01, academic staff appointments may be fixed-term, probationary, or indefinite upon appropriate approval by the chancellor. Rights associated with an appointment are limited to the operational area specified in the letter of appointment, and the funding source alone will not automatically determine the type of appointment. Appointments of less than 50% time or appointments intended to fill a need of predetermined duration specified in the employment contract shall be fixed-term. Appointments at 50% time or greater for which there is reasonable expectation of continuing need shall be probationary or indefinite.

Fixed-term appointments should not be used for positions that have been probationary.

Fixed-term appointments are renewable, rolling horizon, or terminal. An initial fixed-term appointment may include a period of up to two months during which the appointee may be dismissed without appeal at the discretion of the appointing authority. If such a period of evaluation is used the employment contract must so state. A dismissal during this period is not subject to the provisions of UWS 11. Once the evaluation period has been successfully completed, the employment of an academic staff member holding a fixed-term renewable or fixed-term rolling-horizon appointment may be ended only for reasons of (1) funding loss, (2) a budget or program decision that requires a program to be discontinued, curtailed, modified or redirected, (3) unsatisfactory performance, or (4) misconduct, according to the procedures outlined in Chapter 106, 109, and 110.

1. Fixed-Term Renewable Appointment. This appointment is for the initial term specified in the letter of appointment and is renewable so long as the appointee renders satisfactory service, funds are available, and the directions or needs of the program do not change.
   
   Appointments for terms up to and including one year renew for the same term unless the academic staff member receives a written notice to the contrary. A letter of reappointment is not required. If the term of appointment is increased, a letter of reappointment is required.
   
   Appointments for terms of longer than one year, including multiple-year appointments, do not require a letter of reappointment during the original term. To renew the appointment for more than one year requires a reappointment letter. If a reappointment letter or nonrenewal notice is not issued before the end of the original term, then the appointment becomes a one-year fixed-term renewable appointment.
2. Fixed-Term Rolling Horizon Appointment. A rolling-horizon appointment extends daily for the term specified in the letter of appointment. The term may be for one or more years. For example, a three-year rolling-horizon appointment automatically renews every day and entitles the employee to a full three years’ notice of nonrenewal.
   
   The term of a rolling-horizon appointment may be increased or decreased at any time. If the term is increased, the new term shall take effect upon written notification. If the term is reduced, written notification is required and shall include the reasons for the change, i.e., funding loss, budget or program decision as defined in UWS 36.22, or unsatisfactory performance. The appointment will cease rolling until the period by which the appointment is being reduced has elapsed. For example, if a three-year rolling-horizon appointment is reduced to a two-year rolling-horizon appointment, the appointment will cease rolling until one year has elapsed, then resume as a two-year rolling-horizon appointment.
   
   A rolling-horizon appointment may be changed to a fixed-term renewable appointment upon written notice to the employee with copies to the dean or director and the academic personnel office. The notice shall include the reasons for the change, i.e., funding loss, budget or program decision as defined in UWS 36.22, or unsatisfactory performance. The initial length of the new fixed-term renewable appointment shall equal the term of the former rolling-horizon appointment.
   
   A decrease in the term of a rolling-horizon appointment or a change to a fixed-term renewable appointment may be grieved in accordance with Chapter 112 when the employee believes the action to be arbitrary, capricious, for reasons prohibited by law, or in violation of University of Wisconsin-Milwaukee Academic Staff Personnel Policies and Procedures.
3. Fixed-Term Terminal Appointment. Fixed-term terminal appointments are made when the appointment is for a period of three years or less, with no anticipation of renewal. The appointment letter will specify the appointment termination date. For academic staff members who have held a 50% or greater appointment in a given department, the following applies:
   
   a. For academic staff holding annual appointments, fixed-term terminal appointments may be offered repeatedly, but the total period of appointment may not exceed three years. Continuation of the position beyond the three years shall be as a fixed-term renewable, rolling horizon, multi-year, or probationary appointment.
   b. For academic staff holding appointments for either or both semesters in each of the last three successive academic years, reappointment shall be as a fixed-term renewable, rolling horizon, multi-year, or probationary appointment on a similar basis, e.g., one-semester or two-semester appointment.
   
   Reappointment to a fixed-term terminal position beyond the periods specified above may be made with the approval of the dean/division head or designee if there is cause to do so. In no case, however, shall fixed-term terminal appointments be used repeatedly to avoid granting the increased job security provided by fixed-term renewable and fixed-term rolling-horizon appointments.
   
   c. For academic staff holding fixed-term appointments sustained, supported or underwritten by a grant, contract or short-term funding, appointments may be renewed for an unlimited period of time to the extent that full funding is available from such source(s) and the appointee satisfies the requirements of the position (including but not limited to Athletic Coaches). Such appointments, however, do not imply a commitment of employment beyond the duration of the sources of funding.
   
   Fixed-term appointments supported by extramural funding or other short-term funding are ineligible for probationary and indefinite status regardless of the number of times such appointments are renewed. Each document evidencing an appointment under this policy must carry the notation “contingent on availability of funds.”
   (AS Doc 107, 5/18)
   
   Those with service of three or more years at 50% time or greater in the same fixed-term position in the same operational area should be considered for a multi-year, renewable, or rolling horizon fixed term appointment or a probationary appointment.
   (AS Doc 107, 5/18)
   
   Those with service of three or more years at 50% time or greater in the same position in the same operational area who are not given at least a two-year fixed-term or a probationary appointment shall be given written reasons. Those with service of seven or more years at 50% time or greater in the same position in the same operational area who are not given at least a three-year fixed-term or a probationary appointment shall be given written reasons.
   (AS Doc 107, 5/18)
   
   

A probationary appointment is an appointment with a probationary period of up to seven years leading to a review and decision on granting an indefinite appointment. Neither probationary nor indefinite appointments are appropriate for positions whose duties approximate a faculty appointment; these may not be used to circumvent or evade normal tenure policies and procedures.
(AS Doc 107, 5/18)

1. Length of Probationary Period. The probationary period shall be not less than one year nor greater than seven years.
2. Minimum Percent of Probationary Appointment. Any period in which the probationary appointment is less than 50% time is excluded in calculating the probationary period.
3. Prior Service. Prior service may be granted at the time of the probationary appointment and shall be clearly stated in the initial probationary contract. Prior service may be granted for time spent in full-time service in the employee’s position or appointment immediately prior to the initial or new probationary appointment.

1. Up to three years of prior service credit may be granted if the staff member was either a university staff employee or was employed outside of the University of Wisconsin-Milwaukee immediately prior to the probationary appointment.
   (Editorially revised, 4/18)
2. Up to four years of prior service credit may be granted if the staff member was in a fixed-term or probationary appointment immediately prior to the new probationary appointment.
   
   Prior service shall be included in calculating the length of the employee’s probationary appointment and in determining the notice requirements set forth in Chapter 108.
   (AS Doc. 66, 9/11)
   
   d. Extension of the Probationary Period. Certain circumstances may impede an academic staff member’s progress toward achieving indefinite status including responsibilities with respect to childbirth and adoption, significant responsibilities with respect to elder/dependent care, disability/chronic illness, or circumstances beyond the control of the academic staff member. Written requests for extensions of the probationary period should be made in a timely manner, proximate to the events or circumstances which occasion the request, and include appropriate documentation.
   
   A request for extension of the probationary period with respect to childbirth and adoption and responsibilities carries with it the presumption of approval. More than one request may be granted but the total time granted for extensions does not ordinarily exceed one year. Multiple extension requests granted for childbirth/adoption may exceed one year.

An indefinite appointment is an appointment of 50% or more with permanent status and for an unlimited term, granted by the Chancellor to a member of the academic staff pursuant to procedures of Chapter 107 of the Policies and Procedures. Such an appointment is terminable only for cause under UWS 11 or for reasons of budget decisions or program under UWS 12. The percentage of time provided for in the initial indefinite appointment may not be decreased or increased without the mutual consent of the academic staff member and the institution. Academic staff members may be granted indefinite appointment prior to the end of the sixth year of probationary service, but in no case before one year of probationary service is completed. A person with indefinite status who remains in the same position or who is involuntarily moved to another position shall not lose indefinite status.
(AS Doc 107, 5/18)

An academic staff member with indefinite appointment shall retain that status if they accept a limited title appointment as provided in UWS 15.01.

The operational area of fixed-term and probationary appointments is the college, school, operating division (or its functional equivalent), or program indicated in the employment contract; the appointment does not carry rights beyond that operational area.  An indefinite appointment carries rights beyond the initial operational area and, as such, is transferable from one operational area to another. If an employee with an indefinite appointment voluntarily seeks appointment in a different operational area in a position with substantially different duties, the employee may be granted, but is not entitled to, indefinite appointment in the new position.

In the event that an employee is involuntarily moved from one operational area to another due to restructuring, re-organization, etc., the academic staff member shall retain the appointment status (probationary/indefinite) associated with the original position.

The terms and conditions of the appointment shall be specified in a written employment contract or employment letter signed by the appropriate dean or division head. The employment contract or letter shall contain details as to the terms and conditions of the appointment, including but not limited to the following:

1. Title and name of the person in immediate supervision of the employee. In the case of instructional staff who are supervised by the departmental executive committee for the purposes specified in these Policies and Procedures, it shall be so specified in the written employment contract or employment letter.
2. Type and percent of appointment whether fixed-term, or probationary.
3. The operational and functional areas of the appointment.
4. Placement within the UWS Academic Staff Title and Compensation Plan or the State Executive Salary Plan and the current salary range of that level.
5. A statement of salary and the duration of appointment, including starting and ending date.
6. Initial evaluation period of section 104.02 of these Policies and Procedures if used.
7. Amount of prior service counted, if applicable, toward the probationary period.
8. Maximum length of probationary period, if applicable.
9. General position responsibilities.
10. Approval of the appointment by the chancellor.

Accompanying this contract or letter shall be a reference to the Wisconsin Administrative Code, Chapters UWS 8-13 and the University of Wisconsin – Milwaukee Academic Staff Personnel Policies and Procedures. Employment contracts shall be sent to fixed-term and probationary academic staff members by the dean or division head annually and shall include any changes in points 1-10 above. If a significant change in the existing conditions of the appointment occurs during the appointment period these conditions should be specified in writing at least 10 working days prior to the change.

Academic staff with indefinite appointment shall receive a salary letter in lieu of an annual or academic year contract.

The office of the dean or division head shall maintain the official personnel file for each academic staff member in their school, college or operating division. The contents and uses of such official personnel files are governed by the Selected Administrative and Academic Policy S-42, UWM Personnel File Policy.

(Editorially Revised, 2/21)

Each dean and division head is responsible for recruitment of academic staff consistent with UW System and campus policies and state and federal laws with respect to equal employment opportunities.

As stated in UW System Administrative Policy 1254, “The performance management process aligns the individuals’ efforts to the organization’s goals where job-related and role-specific performance expectations are established; continuous feedback, career and professional development opportunities, and recognition for meritorious performance is afforded to all employees.”

For academic staff with the expectation of continuing appointments (fixed-term multiple-year, fixed-term renewable, fixed-term rolling horizon, probationary, indefinite), an evaluation is required before the sixth month after the initial appointment. If the appointment start date is between March 1 and June 30, the six-month evaluation may serve as the annual evaluation.

A formal performance evaluation shall be conducted with each employee at least every 12 months.

1. Fixed-term, terminal appointments
   1. For academic staff on fixed-term, terminal appointments of one year or less, the timing and format of the annual evaluation shall be at the discretion of the hiring unit.
   2. For academic staff on fixed-term, terminal appointments greater than one year in duration, the timing and format of the annual evaluation shall be in accordance with the table listed in B. below.
2. Positions with an expectation of continuing appointment
   For academic staff with the expectation of continuing appointments, the steps and timeline of this process are listed in the table below.

If there is no written evaluation by the supervisor by April 30, the employee’s self-evaluation will stand as the annual performance evaluation. Completion of the annual evaluation is one of the requirements for pay plan eligibility.

• (AS Doc 148, 8/24)
• (AS Doc. 70, 12/11)
• (AS Doc 111, 10/18)
• (AS Doc 121, 12/19)
• (AS Doc 130, 11/21)
• (AS Doc 148, 8/24)

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 (Chapter 108, Notice Periods).

1. Recommendation for Non-Renewal
   1. Supervisor’s Recommendation
      The supervisor shall forward a written recommendation of non-renewal,
      including justification, to the dean or division head.
2. Dean/Division Head Action
   1. The dean or division head shall inform the academic staff member in writing, within ten working days of the receipt of the supervisor’s recommendation, of their decision to accept a non-renewal recommendation or reject a renewal recommendation.
   2. The notification shall include:
      1. The effective date of the academic staff member’s non-renewal.
      2. An explanation of their rights to written reasons and appeal under
         UWS 10.04 and UWM 106 II.
      3. A copy of UWM Academic Staff Personnel Policies and Procedures
         Chapter 106, Non-Renewal in its entirety.
3. Academic Staff Member’s Right to Written Reasons
   1. The academic staff member may, in writing, request written reasons
      within five working days of receipt of notification of non-renewal.
   2. The dean or division head shall respond within five working days of
      receipt of the request.
   3. The academic staff member may then submit their response to the non-
      renewal and written reasons within five working days.
   4. If the academic staff member requests written reasons, those reasons and
      their response become part of the official personnel file.

(Editorially Revised, 2/21)

1. Right of Appeal
   • 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. Hearing Body
   1. The Academic Staff Hearing and Appeals Committee shall constitute the Hearing Body.
      1. The Hearing Body may, on motion of either party, disqualify any of its members by a majority vote.
      2. Any member of the Hearing Body who has had any involvement in the non-renewal action of the academic staff member requesting the hearing shall be disqualified.
      3. If any members of this Hearing Body disqualify themselves or are disqualified, the Hearing Body shall select by majority vote an equal number of replacements from the list of academic staff established in the committee bylaws.
3. Appeal Process
   1. Initiation of Appeal
      1. Appeals for non-renewal decisions shall be brought to the Hearing Body within 20 working days after the date of written notification of non-renewal to the academic staff member (25 working days if notice is by first-class mail).
      2. 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 the Hearing Body.
      3. Parties to the hearing shall be given at least five working days’ notice of the scheduled time and place of the hearing.
   2. Scope
      The scope and procedures of the hearing for the appeal shall be limited under UWS 10.04. The burden of persuasion in such a review shall be on the non-renewed appointee 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:
      1. Conduct, expressions, or beliefs which are constitutionally protected, or actions which are consistent with an appropriate professional code of ethics.
      2. Employment practices proscribed by applicable state or federal law, or
      3. Improper consideration of qualifications for reappointment or renewal. For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a staff member in question if material prejudice resulted because of any of the following:
         1. The procedures required by the chancellor or board were not
            followed, or
         2. Available data bearing materially on the quality of performance
            were not considered, or
         3. Unfounded, arbitrary, or irrelevant assumptions of fact were
            made about work or conduct.
   3. Hearing
      1. Counsel and Witnesses. At the hearing, the academic staff member may have counsel present, present witnesses, and will be provided with a recording of the proceedings. While the parties to the hearing may have advisors or counsel of their choice present at the hearing for the purpose of providing advice, such advisors or counsel may not participate directly in the hearing.
      2. Open or closed meeting. The hearing shall be closed unless the academic staff member requests an open meeting.
      3. The hearing shall proceed according to the processes of the Hearing Body.
   4. Report and Remedies
      1. A written report shall be forwarded by the Hearing Body to the chancellor and dean or division head, with a copy to the academic staff member, within 15 working days of the conclusion of the hearing. Remedies may include but are not limited to reconsideration by the dean or division head, reconsideration by the dean or division head under instructions from the Hearing Body, or a recommendation to the next higher administrative level. See 106.03 below.
      2. Cases in which the Hearing Body finds that a decision was in violation of UWS 10.04, as noted in 106.02.C. 2 above, shall be remanded and the Hearing Body shall retain jurisdiction during the reconsideration process.
      3. Except as noted in 106.03 below in regard to reconsiderations, the dean or division head shall accept or reject the report, in full or in part, and shall so notify the academic staff member, the chancellor, and the Hearing Body in writing of their decision within ten working days of the receipt of the report.
         1. The dean or division head shall send a copy of the Hearing Body’s report to the chancellor along with their response to the report.
         2. The chancellor shall accept or reject the dean or division head’s decision and notify the dean or division head, the Hearing Body, and the academic staff member, in writing, within ten working days of the receipt of the dean or division head’s response.
         3. The Chancellor’s decision shall be final.
      4. If the chancellor’s decision directs that a reconsideration take place, the dean or division head shall order a reconsideration under 106.03, Reconsideration of Non-Renewal for Probationary Employees, unless the academic staff member states in writing within ten working days of the receipt of the report that they do not wish reconsideration. Where reconsideration takes place, the dean or division head’s response to the Hearing Body’s report shall be incorporated into their report of findings prepared in accordance with III.

Editorially Revised, 2/21

1. Reconsideration Meeting
   If reconsideration is ordered per 106.02 C.4, Report and Remedies, a meeting will be held to reconsider non-renewal. This meeting is not a hearing, nor an appeal, and shall be non-adversarial in nature. Its only purpose shall be to allow the academic staff member an opportunity to persuade the institutional representative responsible for holding the reconsideration meeting to change the non-renewal decision. The burden of persuasion is on the person who is being reconsidered.
2. Time Limits.
   If the Hearing Body in its report directed a reconsideration of the non- renewal decision, a reconsideration meeting shall be held within 15 working days of the receipt of the report.
   1. The academic staff member shall be notified a minimum of five working days prior to the meeting.
   2. The time limits may be extended by mutual written consent of the parties.
   3. The reconsideration meeting will be scheduled as a closed meeting unless the academic staff member requests that it be open.
3. Attendees at the Reconsideration Meeting
   1. The employee and decision-maker.
   2. Impartial Observers:
      1. Upon the request of either party an impartial observer may be present.
      2. The impartial observer will be selected by consent of the two parties from a panel of three chosen by the Hearing Body.
      3. The impartial observer shall be a member of the university community, but not a member of the college, or division employing the academic staff member under reconsideration.
   3. Witnesses and Counsel:
      1. The academic staff member is entitled to present witnesses, to have counsel present, and to be provided with a recording of the proceedings.
4. Scope
   The scope of reconsideration is addressed above in 106.03 A., Reconsideration Meeting.
5. Determination and Report
   1. If the supervisor is the institutional representative responsible for holding the reconsideration meeting, they shall forward a recommendation and reasons in writing to the dean or division head with a copy to the academic staff member within ten working days of the reconsideration meeting.
   2. If the dean or division head is the institutional representative responsible for holding the reconsideration meeting, they shall forward a decision and reasons in writing to the academic staff member within ten working days of the reconsideration meeting.
   3. In either case, the dean or division head must prepare a report within ten working days of the reconsideration meeting, including their findings on the reconsideration decision and their response to the Hearing Body’s report. The report, including the Hearing Body’s initial report, shall be placed in the official personnel file with a copy sent to the academic staff member, the Hearing Body, and the chancellor.
6. Chancellor’s Action
   The chancellor shall accept or reject the dean or division head’s decision and notify the dean or division head, the Hearing Body, and the academic staff member, in writing, within ten working days of the receipt of the dean or division head’s response. The chancellor’s decision shall be final.
7. Deadlines
   Except where the deadlines have been extended by mutual written consent, failure by the academic staff member to meet the deadlines established in the above sections shall be considered a waiver of the rights defined in those procedures, and the procedures will continue as outlined above.

Editorially Revised, 2/21

Fixed-term appointees who meet the non-renewal notice criteria of 108.01 (1) may request reconsideration of non-renewal as follows. Please note this is not an appeal process.

1. The request for written reasons shall be made upon receipt of the non-renewal notice and reasons shall be provided within five working days of the request.
2. Within five working days of the receipt of reasons for the non-renewal, the academic staff member may request that the supervisor reconsider the non- renewal decision.
3. Within five working days of the receipt of the request for reconsideration, the supervisor must meet with the academic staff member to reconsider the non-renewal.
4. A decision based on the reconsideration must be given to the academic staff member within five working days of this meeting.
5. If the supervisor decides to proceed with non-renewal, the academic staff member may request a review by the supervisor’s superior within five working days of receipt of the decision.
6. The supervisor’s superior must meet with the academic staff member within five working days of receipt of the request to review the supervisor’s decision.
7. The supervisor’s superior must give a decision to the academic staff member within five working days of this meeting.
8. The decision of the supervisor’s superior is final.

Fixed-term and probationary academic staff who are not renewed for reasons of budget or program decision shall be provided written reasons in the notice of non-renewal. Program decision is defined per UWS 12.01 as those actions requiring program discontinuance, curtailment, modification, or redirection.

Notice of non-renewal shall be sent to the academic staff member upon the decision to not renew. Appropriate notice periods shall be observed.

AS Doc 97, 1/16
Editorially Revised, 2/21
AS Doc 139, 4/23

A decision on indefinite appointment will normally be made no later than the end of the sixth year of probationary service. A probationary appointment cannot exceed seven years of service except in those circumstances described in Chapter 104.03.  In the event that an Academic Staff member requires an extension of the probationary period, the policy specified in Chapter 104.03 shall be followed.

1. Notice of Consideration and Review Conference
   1. The supervisor shall notify a probationary Academic Staff member in writing at least 20 working days prior to a review conference at which promotion to indefinite appointment will be considered.
   2. Prior to the review conference, the Academic Staff member shall submit their review file materials to their supervisor.
   3. An Academic Staff member with an executive committee as the supervisor may make a presentation at the meeting at which their promotion to indefinite status is being considered. The meeting at which the presentation is made shall be closed unless an open meeting is requested by the Academic Staff member.
      (Editorially Revised, 2/21)
2. Notice regarding seventh year of probationary service.  If indefinite status has not been granted by the start of the seventh year, terminal notice must be provided to the academic staff member per Chapter 108. In exceptional circumstances, reviews may take place in the seventh year, however the notice period must be honored.  If proper notice is not provided, the contract must be extended so that at least the required notice period is provided.

1. Positive Recommendation. The supervisor’s recommendation shall be forwarded to the Dean/Division Head with copy to the Academic Staff member within ten working days of the review conference, as specified in Chapter 107.01.
2. Negative Recommendation. If the recommendation forwarded will result in non-renewal, the Dean/Division Head must follow the procedures outlined in Chapter 106.03.

1. The Dean/Division Head shall seek the advice of the appropriate Academic Staff Review Committee within five working days of the receipt of a positive recommendation from the supervisor/Executive Committee.
2. The Review Committee shall review the supervisor/Executive Committee’s recommendation based on its established criteria and provide a written recommendation to the Dean/Division Head and the Academic Staff member within 30 working days of the receipt of the file. This recommendation shall be included in the materials sent to the Chancellor by the Dean/Division Head.

1. If the Dean/Division Head accepts the positive recommendation of the Review Committee, s/he shall forward a positive recommendation to the Chancellor, the Academic Staff member, and the Review Committee within ten working days of receipt of the Committee’s recommendation.
2. If the Dean/Division Head decides not to forward the positive recommendation of the Review Committee, s/he shall notify the Academic Staff member and the chairperson of the Review Committee within ten working days of receipt of the Committee’s recommendation
   1. The Academic Staff member may, in writing, request written reasons for the decision within five working days of receipt of such notification. The Dean/Division Head shall respond within five working days of receipt of the request.
   2. If the Dean/Division Head’s decision results in non-renewal, he/she shall inform   the Academic Staff member in writing of the effective date of the non-renewal and of the Academic Staff member’s rights to written reasons under Chapter 106.03 and/or appeal under procedures outlined in UWS 10.04 and Chapter 106.04.

1. If the Review Committee gives a negative recommendation, the Review Committee, before forwarding its recommendation to the Dean/Division Head, must:
   1. Notify the supervisor and the Academic Staff member of its intention to provide a negative recommendation.
   2. Notify the supervisor of their right to request reconsideration within ten working days of the receipt of the notice.
      1. If the supervisor requests reconsideration, the Review Committee must meet within ten working days of the receipt of the request.
      2. If no request for reconsideration is received within ten working days, the Review Committee shall forward its recommendation immediately to the Dean/Division Head.
      3. The time limits of this section may be extended by mutual consent of the supervisor/Executive Committee and the Review Committee.

(Editorially Revised, 2/21)

1. If the action of the Dean/Division Head does not result in promotion to indefinite appointment or non-renewal, the Academic Staff member may be reviewed at a later date under the following conditions:
   1. If prior consideration occurred before the Academic Staff member’s sixth year of probationary service, all steps in the review process must be repeated.
   2. If the prior consideration occurred during the Academic Staff member’s sixth year of probationary service, only the part of the review process that was not completed must be performed.
      1. If the action of the Dean/Division Head results in non-renewal, the Academic Staff member may request to be reviewed again for indefinite appointment prior to the end of their probationary period. The request shall be made to the Dean/Division Head. If the request is granted, all steps in the review process must be repeated.

Upon receipt of the recommendation from the Dean/Division Head, the Chancellor shall inform the Academic Staff member and the Review Committee of their decision regarding promotion to indefinite status.

1. Positive Action by the Chancellor.
   The Chancellor shall notify the Academic Staff member of a positive decision on promotion to indefinite status within 10 working days of the receipt of the recommendation from the Dean/Division Head.
2. Negative Action by the Chancellor.
   1. If the Chancellor’s decision results in non-renewal, the Academic Staff member shall be notified in writing within 10 days. The notice shall include reference to Academic Staff rights to written reasons under UWS 10.04 and Chapter 106.03 and 106.04. 
   2. The Academic Staff member may request reasons for the non-renewal within five working days of notification. 
   3. The Chancellor shall respond to the request following the procedures outlined in Chapter 106.03.
   4. The decision of the Chancellor regarding promotion to indefinite status is final however, and not subject to further appeal.

(AS Doc 86, 7/14)

(Editorially Revised 2/21)

Pursuant to UWS 10.05, if a fixed-term or probationary academic staff appointment will not be renewed, written notice shall be given to the employee in advance of the expiration of the employment contract as described below. If proper notice of nonrenewal is not given, the appointment shall be extended so that at least the minimum required notice period is provided.

(1) Fixed-term appointment of 50% or greater, regardless of funding source:

Exceptions:

• If the employment contract states that renewal is not intended, no further notice is required; however, for individuals with six or more cumulative years of service¹ to the University, notice separate from the employment contract is required regardless of contract language.
• For individuals with fixed-term appointments who (1) are funded by grants or other short term funding and (2) have received notice of nonrenewal separate from their employment contract under this chapter, the individual’s appointment may be extended beyond the initial date in the nonrenewal notice, without requiring another notice of nonrenewal, if additional funding becomes subsequently available and the extension (or cumulative extensions) is for a time period shorter than the notice period required for that employee. (AS Doc 108, 9/2017)

(2) Fixed-term appointment of less than 50%:

• No minimum notice period is required.

(3) Probationary appointment:

(4) Limited title with concurrent academic staff appointments:

• When an academic staff member with a limited title appointment is terminated, the notice period defined above is applied to the appropriate concurrent appointment. (AS Doc. 84, 4/2014)

¹ “Cumulative years of service” is defined as the combined years of service to the University with an appointment of 50% or greater, regardless of position, title, unit, or continuity of appointment. (AS Doc. 98, 2/2016)

A member of the academic staff holding an indefinite appointment may be dismissed only for just cause under UWS 11.01 through 11.10. The burden of proof resides with the University administration.

1. Preparation of Charges. Pursuant to UWS 11.02, when the Chancellor receives an allegation against an academic staff member which appears to be substantial and, which if true, may lead to dismissal, he/she shall request that the appropriate dean or division head investigate the allegation. The dean or division head shall seek to resolve the matter informally with the academic staff member and report the resolution to the Chancellor. If this discussion does not result in a resolution, the dean or division head shall prepare a written statement of specific charges not later than 15 working days of the request of the Chancellor. This deadline may be extended by written consent of the parties.
2. Hearing. If an academic staff member requests a hearing of the charges under UWS 11.02, such hearing shall proceed under 11.04-11.07 and UWM Chapter 109.
3. Time Limitations. The time limits stated in UWS 11.04 and 11.10 specified as a number of days shall be considered to be working days under these policies and procedures. Failure by the academic staff member to meet the time limits of UWS 11.04 shall constitute a waiver of the right to a hearing.
4. Hearing Body. Pursuant to UWS 11.03, the Academic Staff Hearing and Appeals Committee (ASHAC) shall serve as the hearing body in cases of dismissal for cause. The ASHAC will act as the impartial hearing officer as required by Wisconsin Statute 36.115 (4) The hearing body may, on the motion of either party, disqualify any of its members by a majority vote. The vote on such motion shall be in open session. Any member of the hearing body who has heard a related grievance involving the academic staff member requesting the hearing shall be disqualified. If any of the members of the hearing body disqualify themselves or are disqualified, the committee shall select, by majority vote, an equal number of replacements from the list established in Article I, Section 2 (F) of the bylaws. The vote shall be in open session and results shall be binding. (AS Doc 122, 12/19)
5. Legal Counsel. The Chancellor shall provide legal counsel for the hearing body. The functions of legal counsel shall be to advise the hearing body and to consult with them on legal matters.
6. Recommendations. 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

A member of the academic staff holding a probationary appointment or a member of the
academic staff holding a fixed-term appointment and having completed an initial specified period of time as provided for in UWM 104.02, may be dismissed prior to the end of the contract term only for just cause. Such dismissal shall proceed under UWS 11.11. If the dean or division head’s dismissal decision is appealed, the proceeding shall be conducted in accordance with UWM 109.01(c)-(f).

As provided in UWS 12.01, budget or program decisions that may result in the layoff of academic staff members shall be discussed by the Chancellor or their designee (must be either the Provost or a Vice Chancellor) with the Academic Staff Committee. The discussion, held in closed session, is to review proposed layoff action, determine viable alternatives, and to assure that all applicable policies have been met. This discussion shall include specific information about the college/school/division affected as well as job series and titles so that other alternatives may be considered and/or proper notice periods and mandated order of layoffs can be determined. This consultation shall be held no less than three months prior to the official written notice of the layoff decision.

• AS Doc 60R1, 4/2011
• Editorially Revised, 2/2021

The time limits stated in UWS 12.05 as a specified number of days shall be considered to be working days under these policies and procedures.

Layoff is the suspension of an academic staff member’s employment by the University of Wisconsin-Milwaukee during the appointment period for reasons of budget or program (See UWS 12.01 and 12.02).

Pursuant to UWS 12.03, layoffs of academic staff members with indefinite, probationary or fixed-term appointments shall follow seniority as defined in this section. Seniority shall be calculated based on years, months, and days of service as a member of the academic staff, tenure track faculty, or state classified service at the University of Wisconsin- Milwaukee including approved leaves of absence. Appointments totaling less than 50%, limited term appointments (LTE) or of employees in training shall not accrue seniority. For academic staff members on limited title appointments, seniority shall accumulate in the concurrent academic staff appointment.

If layoffs occur within an operational area and the academic staff members involved do the same or similar work, fixed-term appointees shall be laid off before probationary appointees and probationary appointees shall be laid off before indefinite appointees. Seniority shall determine the order of layoff within each type of appointment. Exceptions to the order of layoff as defined in this section shall be recommended to the Chancellor by the dean or division head only to maintain specific expertise or to maintain established objectives within the operational area defined in UWM 104.05. The Chancellor shall solicit advice of the Academic Staff Committee prior to the decision on exceptions. Such advice shall be given within 20 working days of receipt of the Chancellor’s request.

Academic staff members with fixed-term, probationary, or indefinite appointments shall be given notice in accordance with UWS 12.03 and UWM Chapter 108. An academic staff member who has been given a written notice of layoff may request a hearing regarding that decision in accordance with the UWS 12.05 and 12.06. The request for a hearing shall not delay a layoff. The hearing shall proceed under UWS 12.04-12.06 and UWM Chapter 110.

The Hearing and Appeals Committee shall serve as the hearing body as provided in UWS 12.04. On the motion of either party, the Hearing and Appeals Committee may disqualify any one of its members for cause by a majority vote. If any of the members of this hearing body disqualify themselves or are disqualified the hearing body shall select by majority vote, an equal number of replacements from the list established in Article I, Section 2(F) of the Hearing and Appeals Committee Bylaws.

The Chancellor shall provide legal counsel and other assistance for the hearing body as provided in UWS 12.05 (3) (b).

The hearing shall proceed in accordance with UWS 12.05.

• AS Doc 60R1, 4/2011

1. An academic staff member with a probationary or fixed-term appointment whose position is to be eliminated shall be notified in writing and shall, upon request made within 20 days after such notification, be given a written statement of the reasons for the decision within 15 days, including a statement of the reasons for the determination that the budgetary or program needs should be met by curtailing or discontinuing the program in which the individual concerned works. If the academic staff member requests in writing within 20 days after receipt of said statement, he or she shall be entitled to a hearing before the hearing body.
   1. The request for hearing shall specify the grounds to be used in establishing the impropriety of the decision.
   2. The staff member shall be given at least 10 days’ notice of such hearing. Such hearing shall be held not later than 20 days after the request except that this time limit may be extended by order of the hearing body. Anyone who participated in the decision to layoff or who is a material witness shall not serve on the hearing body.
2. The academic staff member shall have access to the evidence on which the administration intends to rely to support the decision to layoff and shall be guaranteed the following minimal procedural safeguards at the hearing:
   1. A right to be heard in his or her defense;
   2. A right to counsel and/or other representatives, and to offer witnesses;
   3. A right to confront and cross−examine adverse witnesses;
   4. A verbatim record of all hearings, which might be a sound recording, provided at no cost;
   5. Written findings of fact and decision based on the hearing record;
   6. Admissibility of evidence governed by WI Stats. s. 227.45 (1) to (4);
   7. The hearing shall be closed unless the staff member whose position is to be eliminated requests an open hearing, in which case it shall be open (see sub Ch. V of Ch. 19, Stats., Open Meeting Law);
   8. Adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made.
3. If the institutional policies and procedures provide that the review and hearing be conducted by a committee, the following requirements shall be observed:
   1. The committee may, on motion of either party, disqualify any one of its members for cause by a majority vote. If one or more of the committee members disqualify themselves or are disqualified, the remaining members may select a number of other replacements equal to the number who have been disqualified to serve;
   2. If the committee requests, the chancellor shall provide legal counsel after consulting with the committee concerning its wishes in this regard. The function of legal counsel shall be to advise the committee, consult with them on legal matters, and carry out such responsibilities as shall be determined by the committee within the policies and procedures adopted by the institution.
4. The first question to be considered in the review is whether one or more of the following factors improperly entered into the decision to layoff:
   1. Conduct, expressions, or beliefs on the staff member’s part which are constitutionally protected or actions which are consistent with an appropriate professional code of ethics;
   2. Employment practices prescribed by applicable state or federal law; or
   3. Improper consideration of the qualifications of the staff member. For the purposes of this section, “improper consideration” occurs if material prejudice resulted from any of the following:
      1. The procedures required by the chancellor or board were not followed;
      2. Available data bearing materially on the quality of the staff member’s actual or
         potential performance were not considered; or
      3. Unfounded, arbitrary, or irrelevant assumptions of fact were made about work
         or conduct.
5. The staff member shall present evidence on whether one or more of the factors specified above improperly entered into the decision to layoff. The hearing body shall then consider whether the evidence presented establishes a prima facie case that such factor or factors did enter significantly into the layoff decision. If the hearing body finds that a prima facie case has not been established, the layoff decision shall be found to have been proper and the hearing shall be ended.
6. If the hearing body finds that a prima facie case has been established, the appropriate administration officer for the operational area shall be entitled to present evidence to support the layoff decision, and, thereafter, the staff member may present evidence in rebuttal. Thereafter, on the basis of all the evidence presented, the hearing body shall make its
   determinations as follows:
   1. The hearing body shall first consider whether one or more of the above specified factors improperly entered into the decision to layoff. Unless the body is convinced that such factor or factors did improperly enter into that decision, the body shall find the decision to have been proper;
   2. If the hearing body is convinced that such factor or factors entered into the decision to layoff, then the body shall find that decision to be improper, unless the body is also convinced 1) that there was a bona fide program or budgetary reason(s), and that the determination of such reason(s) was made in the manner prescribed by, and in
      accordance with, the standards established by the institution; and 2) that the decision to layoff the particular academic staff member was in accordance with the provisions of s. UWS 12.02.
7. In determining whether a bona fide budgetary or program reason existed for layoff of the appointment of the academic staff member concerned, the hearing body shall presume that the decision to curtail the program was made in good faith and for proper reasons. The hearing body shall not substitute its judgment or priorities for that of the administration.
8. If the hearing body finds that the layoff was improper, it shall report this decision and its recommendation to the chancellor and to the staff member. The chancellor shall review the matter, decide whether the staff member should be laid off, and notify the hearing body and academic staff member of the decision. This decision shall be deemed final unless the board, upon request of the academic staff member, grants review based on the record.

AS Doc 60R1, 4/2011

The hearing body shall send to the Chancellor and to the academic staff member concerned, as soon as practicable after the conclusion of the hearing, a verbatim record of the testimony and a copy of its report, findings and recommendations. The Chancellor shall review the matter, decide whether the staff member should be laid off, and issue a written decision to the hearing body and academic staff member within 20 working days of receipt of the hearing body’s recommendations. The Chancellor’s decision is final unless the Board of Regents, upon request of an academic staff member with indefinite status, grants review based on the record per UWS 12.05 (8).

AS Doc 60R1, 4/2011

Conditions governing the status of laid off academic staff members will be in accordance with UWS 12.07.

(AS Doc 60R1, 4/2011)

Alternative employment may be made available in accordance with UWS 12.08. University of Wisconsin–Milwaukee shall devote its best efforts to providing financial assistance for academic staff members who have indefinite appointments and who are to be laid off, per UWS 12.08. University of Wisconsin—Milwaukee will also help them to readapt to positions within
the operational area or another operational area, if such adaptation is feasible within one year’s time, per UWS 12.08.

(AS Doc 60R1, 4/2011)

A laid off academic staff member shall have reappointment rights pursuant to UWS 12.09. Within an operational area in which more than one academic staff member has been laid off, the order of recall shall be indefinite, probationary, and fixed-term appointees. The senior appointees within each type of appointment shall be recalled first in order of seniority.

(AS Doc 60R1, 4/2011)

Academic staff members reappointed to a position with reasonably comparable duties (i.e. the same salary range of the UW System Academic Staff Title and Compensation Plan) shall be paid at least salary equal to that in effect at the time of layoff plus the annual across-the-board adjustment(s) for academic staff that have accrued during the staff member’s layoff on the University of Wisconsin – Milwaukee campus.

(AS Doc 60R1, 4/2011)

Laid off academic staff members have rights as defined in UWS 12.11. These rights include the same privileges accorded an employed academic staff member concerning the use of University of Wisconsin-Milwaukee facilities and office space if available.

(AS Doc 60R1, 4/2011)

A complaint is an allegation by persons other than the academic staff member’s supervisor(s), including administrators, students, other academic staff, faculty, university staff, or member of the public concerning the conduct of an academic staff member that is not serious enough to warrant dismissal proceedings.

(AS Doc. 101, 4/2016

The Academic Staff Hearing and Appeals Committee (ASHAC) will serve as the investigating and hearing body for complaints against Academic Staff. If a complaint is filed with ASHAC against an academic staff member, ASHAC will first review the complaint to determine whether the alleged conduct is a violation of university rules and policies or adversely affects the staff member’s performance and obligations to the university. If the review does not find the conduct violates university rules and policies or adversely affects the staff member’s performance and obligations to the university, the complaint will be rejected.

ASHAC will then determine whether all or part of the complaint would be handled more appropriately by another department or individual at UWM and, if so, refer the complaint. For example:

• UWM’s Code of Conduct (SAAP 7-3) provides that violations of the Code of Conduct should first be reported to the employee’s direct supervisor, department chair, or department head as appropriate.
• Complaints involving allegations of discrimination, consensual relationships, sexual violence, and/or sexual assault should be referred consistent with UWM’s Discriminatory Conduct and Consensual Relationships Policy (SAAP 5-1) and Sexual Violence and Sexual Harassment Policy (SAAP 5-2).

ASHAC will inform the complainant of the date of the initial review within 10 working days of receipt. ASHAC will also inform the complainant of the results within 10 working days of the initial review.

(AS Doc 123, 02/20)

If ASHAC does not otherwise refer or reject a complaint, ASHAC will inform the Academic Staff Member who is the subject of the complaint that the complaint has been accepted and encourage both parties to first seek to resolve the complaint informally, including through UWM’s Office of Conflict Resolution.

If informal resolution cannot be achieved, ASHAC will proceed to initial information gathering and hold a prehearing meeting consistent with ASHAC’s Process and Procedures for Appeals/Grievances/Complaints.

ASHAC will then move to its formal hearing process consistent with ASHAC’s Hearing Protocol.

Within 10 working days of the conclusion of the formal hearing process, ASHAC will propose a resolution/decision in writing to the complainant and the relevant Academic Staff Member who is the subject of the complaint. If either party disagrees with the suggested resolution and/or does not believe that the complaint has been resolved, they must indicate this to ASHAC in writing within 10 working days of receipt of ASHAC’s proposed resolution.

In such case, ASHAC will forward its recommendations to the Chancellor. The Chancellor’s decision on the complaint is final and not appealable. At any point, informal resolution of the complaint is possible.

(AS Doc. 120, 9/2019)

A grievance is a written allegation filed by an academic staff member (the grievant) in regard to a claim of unfair, employment-related treatment. Appeals of non-renewal, dismissal for cause, or layoff action must be handled under the applicable procedures in Chapter 106 (for nonrenewal), 109 (for dismissal for cause), or 110 (for layoff action) and may not be handled as a grievance under this chapter.

(AS Doc 32, 4/08)

An academic staff grievant or group of academic staff grievants may authorize an agent to represent and assist them. Members of the Academic Staff Hearing and Appeals Committee shall not serve as authorized agents in a grievance.

(AS Doc 105, 5/17)

Academic staff members, and their agent, using the grievance procedure are guaranteed freedom from reprisal. Any action taken by the supervisor intended to harass the employee shall be considered a reprisal. Normal administrative prerogatives and procedures such as reassignment of duties or employee evaluation are not forms of reprisal unless intent of harassment can be substantiated by the academic staff member. An academic staff member who believes that reprisal is being threatened or effected may bring a statement of facts to the chairperson of the Academic Staff Hearing and Appeals Committee who will designate a committee member to investigate the situation within 10 working days, and to report the findings with a recommendation to the Chancellor. The Chancellor will act upon this recommendation within 10 working days of receipt.

(AS Doc 32, 4/08)

A reasonable amount of work time shall be provided for an academic staff member and the agent, if any, without loss of pay, in processing the grievance. This time off shall be arranged with the appropriate supervisor. Disputes related to time off shall be resolved by the Dean or Division Head upon written request by either the employee or the supervisor.

112.04 (a) Informal Resolution

At the time that an academic staff member believes they have been treated in an unfair manner, they may settle the problem through discussion with the immediate supervisor without delay. Either party can contact the Ombuds Council to attempt an informal resolution of the problem. The Ombuds Council is a neutral, confidential and informal body at UWM. If this proves unsatisfactory, the academic staff member may file a formal written grievance. Any step in the grievance process may be bypassed by the written agreement of both parties that the grievance is not resolvable at that level.

(AS Doc 105, 5/17)

112.04 (b) Formal Grievance Procedure

1. Step One. An academic staff member shall present the grievance in writing to the immediate supervisor within 15 working days from the time the academic staff member knew or could reasonably be expected to have known of the circumstances giving rise to the grievance. All reasonable effort shall be made to settle the grievance at this level. The supervisor shall schedule a conference with the academic staff member and the agent as stated in 112.03, if any, within five working days of receipt of the grievance. A written response to the grievance shall be provided within five working days of the conference. Initiation of the informal procedure described in 112.04(a) within the 15 working day period will extend the deadline for initiating the grievance to 30 working days from the time the academic staff member knew or could reasonably be expected to have known of the circumstances giving rise to the grievance.
2. Step Two. If the academic staff member is dissatisfied with the results of step one, they may appeal that result in writing to the next appropriate administrative level within ten working days of receiving the written response. This procedure shall be the same as that outlined in Step One with regard to a conference for the grievant and the time limit on response. This step is not utilized where the dean or division head is the next level of authority in which case Step Three is appropriate.
3. Step Three. If the academic staff member is dissatisfied with the results of the prior step, they may appeal that result in writing to the appropriate dean or division head. This shall be done within ten working days of receiving the written answer to the prior step. This procedure shall be the same as that outlined in Step One with regard to a conference for the grievant. A written response shall be issued within ten working days of the completion of the conference.
4. Step Four. If the academic staff member feels the case should receive further consideration, they may file a written appeal, including all previous grievance material, with the Hearing and Appeals Committee. This shall be done within ten working days of receiving the written response to the prior step. The Hearing and Appeals Committee shall hold a hearing under procedures established by the committee within 20 working days of receipt of the grievance. Any member of the Hearing and Appeals Committee who has had any involvement in the issues of the grievance prior to Step Four shall be disqualified. If any of the Committee members disqualify themselves or are disqualified, the Committee shall select by majority vote an equal number of replacements from the list established in Article I, Section 2(F) of the Hearing and Appeals Committee Bylaws. A written recommendation shall be given to the Chancellor, with copies to all involved parties (including the grievant), within ten working days after hearings are completed. If the Chancellor wishes to modify the recommendation, the grievant and the committee shall be informed in writing within 15 working days. All involved parties will be notified of the decision of the Chancellor, which is final. If the decision of the Chancellor has not been issued within 15 working days, the recommendation of the Hearing and Appeals Committee becomes final.

Failure of the grievant to file to the next higher step within the prescribed time constitutes a termination of the grievance at that level. Failure of the supervisor to file an answer within the prescribed time automatically allows the grievant to proceed to the next step. Notwithstanding the above, the time limits of this section may be extended by written consent of both parties, or by written order of the Hearing and Appeals Committee.

Members of the academic staff are free to engage in outside activities, whether or not such activities are remunerative or related to their fields of academic interest or specialization. However, no member of the academic staff may engage in an outside activity if it conflicts with his or her public responsibilities to the University. Policies and procedures governing outside activities are designed to encourage appropriate participation by members of the academic staff in public service or outside activities related to their fields of academic interest or specialization while ensuring adequate attention to their responsibilities. Academic staff members may not be absent from their regular responsibilities, except as permitted by their supervisors under applicable personnel rules, and shall avoid a concentration of outside activities that is detrimental to the effective performance of their responsibilities.

In circumstances where an academic staff member has full-time duties and is then offered and accepts an additional University assignment that includes remuneration, the supervisor, or in the case of a teaching academic staff, the executive committee, and the affected academic staff member shall negotiate the form that remuneration or accommodation of such services will take. These Academic Staff Policies and Procedures generally strongly prefer that such remuneration take the form of an overload. Alternatively, if the limit of overload payments precludes an overload, a temporary base salary adjustment is another preferred form of payment. If under the circumstances the supervisor (or executive committee) and the affected academic staff member agree that an overload or temporary base adjustment is not feasible, a buyout of the individual’s time may occur. In that case, the funding credited to the academic staff member’s department shall be spent in consultation and coordination with the affected academic staff member in a manner that is mutually acceptable and beneficial. Failure to offer one of these alternatives constitutes an unfair work practice and is grievable under the Academic Staff Policies and Procedures.

1. In accordance with UWS 8.025, academic staff members who are continuing and regular employees at University of Wisconsin – Milwaukee, i.e. who hold probationary or indefinite appointments or who have held full time fixed-term appointments for three or more consecutive years are required to report annually, on or before April 30, the following outside activities:
   (a) associations with organizations, as defined in UWS 8.02(3) and (12), related to their fields of academic interest or specialization;
   (b) private remunerative relationships with nongovernmental sponsors of university research for which they serve as principal investigators; and (c) remunerative outside activities in their fields of academic interest or specialization, including but not limited to consulting, and indicate whether they earn for such activities $5,000 or more in a year from a single source.
2. Reports required under this section shall be filed with the appropriate dean/division head on the forms provided. A copy of the report also shall be provided to the academic staff member’s supervisor.
3. The information in reports required under this section shall be submitted on a calendar year basis and shall describe outside activities occurring in the calendar year immediately preceding the April 30 deadline.
4. If, during the year, significant changes in an academic staff member’s reportable outside activities occur, the academic staff member shall immediately inform, in writing, his/her supervisor and the appropriate dean/division head. This information shall be placed on file with the academic staff member’s annual report under this section.

1. The following types of outside activities may result in a material conflict of interest:
   (a) activities required to be reported under UWS 8.025 and UWM 113.02(1);
   (b) extensive or recurring outside activities accompanied by personal gain or paid consulting;
   (c) service as staff or consultant to granting agencies;
   (d) service as an expert witness in legal proceedings.
2. An academic staff member contemplating an activity listed in paragraph (1) shall report the matter to and seek advice from his or her immediate supervisor before undertaking the activity. A report under this paragraph shall be in writing and shall include a description of the nature of the activity, the estimated time required for the activity, and whether remuneration is anticipated. An academic staff member shall not proceed with a contemplated outside activity until he or she has either received a response or the time limit has expired under paragraph (4).
3. In situations where a novel or unique outside activity is contemplated, or where additional advice is necessary, either the academic staff member or his/her supervisor may request that the Academic Staff Committee, which functions as the Academic Staff Ethics Committee as specified in UWM 113.07, provide consultation and advice.
4. A supervisor who receives a report under this section shall promptly respond to the involved academic staff member, indicating whether or not the contemplated outside activity should be permitted to proceed. If no response is provided within 15 days, the academic staff member may proceed with the activity. In the event there is a difference of opinion between the supervisor and the involved academic staff member as to the propriety of proceeding with the contemplated outside activity, the procedures under UWS 8.04 and UWM Chapter 112 may be invoked to resolve the problem.

Academic staff are governed by the following standards of conduct from UWS 8.03:

1. Personal gain from University position
   (a) No member of the academic staff shall, in a manner contrary to the interests of the University of Wisconsin System, use or attempt to use his/her public position or state property, including property leased by the state, to gain or attempt to gain anything of substantial value for the private benefit of the academic staff member, his/her immediate family, or any organization with which the academic staff member is associated.
   (b) No member of the academic staff shall solicit or accept from any person or organization anything of value pursuant to an expressed or implied understanding that his/her conduct of University business would be influenced thereby.
   (c) No member of the academic staff shall intentionally use or disclose confidential University information in any way that could result in the receipt of anything of value for him/herself, or his/her immediate family, or for any other person or organization with which the academic staff member is associated.
2. Contracting and Leasing No member of the academic staff, member of his/her immediate family, or any organization with which an academic staff member is associated shall enter into any contract or lease involving payments of $3,000 or more within a 12 month period, derived in whole or in part from University funds, if the academic staff member is in a position to approve or influence, in his or her official capacity, the University’s decision to enter into the contract or lease. If the academic staff member is not in a position to approve or influence the University’s decision, the academic staff member may enter into a contract or lease described above if the academic staff member first makes written disclosure of the nature of the extent of any relationship to the dean, director, or other appropriate administrator and he/she approves. The dean, director or other appropriate administrator shall approve an academic staff member’s interest in a lease or contract unless he/she determines that the academic staff member’s personal interest in the agreement conflicts substantially and materially with the academic staff member’s discharge of his/her University responsibilities.
3. Nepotism
   (a) No member of the academic staff shall participate, formally or informally, in the decision to hire, retain, grant tenure to, promote, or determine the salary of a member of his/her immediate family.
   (b) No member of the academic staff shall give preferential or favored treatment in the supervision or management of another academic staff member who is a member of his/her immediate family.
4. Student Research Protection A member of the academic staff shall inform students engaged in research under his/her supervision of any financial interest which the academic staff member has in the research activity, including, but not limited to, financial arrangements involved in the direct support of the activity, agreements made by the academic staff member to obtain data for the research, or agreements concerning copyright or patent rights arising from the research.
5. Waiver Upon written request and by action within a reasonable time of receipt thereof, the Board of Regents of the University of Wisconsin System may waive any provision of this section whenever its literal application would be adverse to the best interests of the University of Wisconsin System or would work an unreasonable hardship on a member of the academic staff.

University facilities, services, and staff are used for purposes of carrying out the functions of the University of Wisconsin as authorized by Chapter 36 of the Wisconsin Statutes and directed by the Board of Regents. Academic staff members shall not use University designated facilities, services, or staff in support of outside activities unless specifically authorized in writing by the appropriate dean/division head, based on a judgment that such activities contribute to and serve the University’s purpose and that the use is consistent with State and Regent regulations.

The Academic Staff Committee shall serve as the Ethics Committee. It is responsible for providing any academic staff member or his/her supervisor with consultation and advice on the application of UWS 8 or UWM Chapter 113. Committee deliberations and actions upon requests for consultation and advice shall be in meetings not open to the public. Records obtained in connection with requests for consultation and advice shall be considered confidential University information. The Academic Staff Committee shall prepare annually a report containing summaries of any advice it has provided; however, such summaries shall not disclose the identities of the persons requesting advice. Reports prepared under this section shall be filed with the Secretary of the University.