Faculty Policies & Procedures

1. 1. The University Faculty consists of the Chancellor, Professors, Associate Professors, Assistant Professors, and Instructors in an academic department or its functional equivalent.
   2. A full-time member of the instructional academic staff who has a probationary or indefinite appointment and who has voting rights in the department (4.02) and in the college (2.02(4)) may, subject to an affirmative recommendation by the department or its functional equivalent and approval by the Faculty Senate and the Chancellor, be designated as having Faculty status. Faculty status means the right to participate in the Faculty governance of the University. Faculty status does not confer rank or tenure or convert an academic staff appointment into a Faculty appointment.
   3. As used throughout these rules, an “appointment” (unmodified) is an agreement between an individual and a department, school, college, or other unit of the University. The elements of an appointment are (1) duties; (2) title; (3) percentage time commitment; (4) beginning and ending dates; (5) financial remuneration, if any; (6) departments or other units involved; and (7) governance rights. “Appointment” may also be modified: “Tenure appointments” and “Probationary appointments” are defined in Chapter 5. A “joint appointment” involves more than one department and/or school and/or college, or other unit of the University. A “joint probationary appointment” or “joint tenure appointment” occurs when two or more departments and/or schools and/or colleges share a continuing obligation or commitment to a Faculty member under the provisions of Chapters 4 & 5.

2. 1. Only persons having Faculty appointments or Faculty status as designated in 1.01(1) may vote.
   2. By a majority vote of those present and voting, any matter properly brought before a Faculty meeting may be referred to all Faculty eligible to attend and vote, for a mail ballot.  Such ballots shall be prepared and distributed by the Secretary of the University who shall be responsible for the counting of votes.  Unless specified otherwise in the referring motion, such mail ballots must be received by the Secretary of the University within seven (7) working days of initial distribution to be counted as valid.

1. The University Faculty has charge of all educational matters which concern more than one college, or division, or which are otherwise of general interest.
2. The University Faculty may adopt rules and regulations for the conduct of its proceedings.
3. The University Faculty may create committees and adopt rules and regulations for their operation.
4. The University Faculty may delegate functional authority and responsibility to committees, other groups, or administrative offices; however, such bodies or offices are accountable to the University Faculty which retains primary responsibilities for academic and educational activities and Faculty personnel matters.
5. Among the matters within the jurisdiction of the University Faculty are the following:
   1. Questions concerning the educational interest or educational policies of the University of Wisconsin-Milwaukee (UWM).  The University Faculty has general charge of those questions of scholarship which pertain to more than one college, or division, and may make needful rules relating to scholarship and the enforcement of student discipline.
   2. Requirements for admission to and graduation from any part of UWM and the title of the degree to be conferred upon the completion of any course of study.  When a college, or division Faculty has taken action with respect to these academic matters, these actions must be approved by the University Faculty before they become effective.
   3. Establishment of procedural rules and recommendation of candidates for honorary degrees for submission to the Board of Regents.
   4. Commencement exercises and honors convocations.
   5. Regulation of student academic and educational affairs.
6. If there is a conflict of jurisdiction between the University Faculty and the Faculty of any college or division, the decision rests with the University Faculty. Questions of jurisdictional conflict not resolved by the Faculty meeting as a body are reviewed by the University Committee, which makes recommendations to the University Faculty concerning resolution of such questions.
7. The enumeration made in this Section is only illustrative of the nature of the powers and jurisdiction of the University Faculty and is not to be construed as limiting.
8. Graduate School Faculty.  The authority of the University Faculty over the following educational matters is expressly delegated and vested in the Graduate School Faculty, its Graduate Faculty Committee or other designated bodies. Graduate School Faculty are responsible for review and approval of graduate courses and programs, including graduate credit aspects only of course proposals involving both graduate and undergraduate credit, offered in the UWM colleges and Divisions. The Graduate School Faculty review and approve the requirements for admission to, continuation in, and graduation from such programs. The Graduate School Faculty provide final Faculty approval of policies and plans for further development of such programs.  Action concerning these delegated academic matters is forwarded by the Graduate Faculty Committee through appropriate administrative officers for final University approval as required. 

1. A regular meeting of the University Faculty will be held within the first four weeks of classes of each semester.  Faculty meetings commence at 2:30 p.m. and adjourn no later than 5:00 p.m.  In exceptional circumstances, the date and time of the meeting may be changed at the discretion of the Chancellor with the approval of the Faculty Senate Rules Committee.  A quorum of 10% of the Faculty is required for regular meetings.  If there is no quorum present, the proposed items except those dealing with changes in the provisions of Chapter 1 in UWM Policies and Procedures shall go to the Faculty Senate at its next meeting.  For consideration of items involving changes in the provisions of Chapter l, the absence of a quorum having been determined, the Faculty Senate will be convened immediately to determine whether the items shall be submitted to the Faculty by mail ballot in accordance with the procedures of l.0l(2)(b).  The first regular meeting will include reports and discussion concerning the state of the University.  The second regular meeting will ordinarily include recommendations for honorary degrees.
2. Special meetings of the University Faculty are held at the call of the Chancellor, the University Committee, or the Faculty Senate Rules Committee, at the request of any two Deans, or on written petition to the Secretary of the University of any twenty-five members of the University Faculty.  A quorum of 15% of the Faculty members as of October 1 of the current academic year is required for any special meeting.
3. The University Faculty may meet in executive session where in conformity with state law.

1. The Chancellor is the presiding officer of the University Faculty. If the Chancellor is absent, the Provost serves as the presiding officer. In the absence of both the Chancellor and Provost, the President pro tem of the Faculty Senate shall serve as the presiding officer.
2. The latest edition of “Robert’s Rules of Order,” governs procedure in meetings of the University Faculty, except as it may conflict with special rules which the Faculty may adopt. The Chancellor, in consultation with the Nominations Committee, annually appoints a parliamentarian.
3. At any meeting of the University Faculty, time may be set aside for the University Faculty to meet as a Committee of the Whole for the discussion of matters of general interest. The University Committee has the responsibility for preparing the agenda for such meetings of the Committee of the Whole, over which the Chair of the University Committee presides.
4. 1. The Faculty Senate Rules Committee (see Supplement to Chapter 6, A3.0) sets the schedule for regular Faculty and Faculty Senate meetings and prepares the calendars for regular and special Faculty and Faculty Senate meetings.
   2. Any member of the University Faculty may propose a matter for consideration at any regular meeting of the Faculty by submitting it to the Secretary of the University no later than two working days before the scheduled Faculty Senate Rules Committee meeting. The calendar for a special meeting of the University Faculty is prepared as far as possible in advance of such meeting. To be considered for inclusion on the calendar of a Faculty meeting, proposals must be submitted in writing and accompanied by reports or statements which the Faculty Senate Rules Committee deems necessary for an understanding of the proposed business.
   3. Motion to place upon the calendar any matter omitted from it may be made at any meeting of the University Faculty, and, if such motion is passed, the matter shall go upon the calendar for the next regular meeting of the University Faculty.
   4. The calendar for any regular meeting is published by the Office of the Secretary of the University and is made available to the University Faculty at least one week prior to regular Faculty meetings and as far in advance as possible for special Faculty meetings.
5. 1. The Faculty Senate Rules Committee may put at the head of business for any University Faculty meeting any administrative actions or informational reports of any Faculty committee, or of any college or division of UWM that may appear to be suitable for passage by “automatic consent.
   2. Any member of the University Faculty may call up and debate any matter recommended for automatic passage.
6. The Secretary of the University prepares the minutes of each Faculty meeting and makes them available to the University Faculty. The minutes stand approved under the rule for automatic consent, unless the Faculty otherwise determines at the next regular meeting.
7. Documents which are attached to the calendar of any meeting are given identifying numbers.
8. Business of a confidential nature, such as a report of the Honorary Degrees Committee, is so indicated on the calendar and in the distributed minutes by title or other brief form, and is explained on the floor.

There shall be a Faculty Senate representative of the University Faculty.  The Faculty Senate holds jurisdiction and powers of the Faculty between meetings of the Faculty, except that the Faculty Senate may not amend any portion of Chapter 1.  Unless otherwise specified by the Faculty, the Faculty Senate operates under the same rules and procedures prescribed for meetings of the University Faculty.  Changes in the provisions relating to the Faculty Senate must be approved by the University Faculty.

1. The Faculty Senate consists of the University Committee and forty (40) additional elected members, except as additional membership may be provided under 1.06(4).  The University Committee serves as the executive committee of the Faculty Senate.
2. Members of the Faculty Senate are elected at large by the University Faculty.  Representation is apportioned among the various Faculty Divisions of the University on the basis of the number of Faculty members in each.  The University Committee makes an annual review of representation and provides for necessary adjustments in the next election.
3. Members are elected for three-year terms, and no member serves more than two (2) consecutive full three-year terms.  Partial terms of more than two years are considered the equivalent of a full three-year term for the purpose of this rule. Partial terms of two years or less are not considered full terms. Additionally, no member may serve for more than eight consecutive years. The term of office begins the first week of instruction in each academic year.  One-third of the Faculty Senate members are elected for three-year terms annually.  The Nominations Committee prepares the slate of nominees.
4. Should the elections result in the Faculty Senate having no member from a college, then the candidate from that college who received the greatest number of votes shall be deemed elected for a one-year term as an additional member authorized by 1.06(1).  Should the election result in the Faculty Senate having fewer than two (2) members who are Assistant Professors or Instructors from each of the various Faculty Divisions of the University, then the one (1) or two (2) Assistant Professors or Instructors from that Faculty division with the greatest number of votes, shall be deemed elected for a one-year term as additional members authorized by 1.06(1).
5. Faculty Senate attendance is published by the Secretary of the University in the calendar of the two regular meetings of the Faculty.  Attendance at Faculty meetings is a part of each Senator’s duties.
   1. The seats of those Senators who fail to attend three consecutive regular Faculty/Senate meetings are automatically declared vacant.
   2. A member of the Faculty Senate may be granted a leave from the Faculty Senate of up to one year for any legitimate reason that would cause the individual to miss three or more consecutive meetings, e.g., obtaining a sabbatical.  A request for leave from the Faculty Senate should be approved in advance by the University Committee.  When a leave from the Faculty Senate is granted, a replacement will be appointed for the duration of the leave.  The replacement will be the next qualified candidate per 1.06(6).
6. When a vacancy occurs in the Faculty Senate:
   1. The vacancy is filled by the available candidate in the appropriate division who had the highest number of votes.  If there is no available candidate, a vacancy is filled by an appointee of the University Committee. The person so designated shall serve until the first week of the next academic year.  If the term of office extends beyond the current academic year, an election for the unexpired term is held at the next regular election.
   2. Vacancies in the Faculty Senate are filled in such a way that the distribution specified in 1.06(2) is preserved.
7. The Faculty Senate shall not have among its members any member of the administrative staff of the University.  Administrative staff shall mean Presidents, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents; Chancellors, Provosts, and Vice Chancellors; Deans, Associate and Assistant Deans; Divisional-level Directors, Associate Directors and Assistant Directors or those holding titles as Assistants to such officers. 

1. There will be seven (7) regular meetings of the Faculty Senate each academic year.  Except in unusual circumstances, the meetings will be held on the third Thursday, at 2:30 p.m. with adjournment no later than 4:30 p.m., in each month that a regular Faculty meeting is not held.
2. The Chancellor presides over meetings of the Faculty Senate.  If the Chancellor is absent, the President pro tem of the Faculty Senate serves as the presiding officer.  If the President pro tem is absent then the member of the University Committee having seniority of service, as determined by the University Committee, shall preside.  The Faculty Senate elects the President pro tem from the Faculty Senate Rules Committee.
3. The calendar of a Faculty Senate meeting is prepared by the Faculty Senate Rules Committee.  The Faculty Senate Rules Committee members are elected at the final meeting of the Faculty Senate during the academic year to serve during the ensuing academic year.  (See Supplement to Chapter 6.)  A motion to place upon the calendar any matter omitted from it may be made at any meeting of the Faculty Senate, and, if such motion is passed, the matter shall go upon the calendar for the next regular meeting of the Faculty Senate.
4. All members of the Faculty Senate are to receive copies of the calendars and minutes of Faculty Senate meetings.  Non-senators may, upon request, receive copies of the calendars and minutes, may attend meetings and upon recognition by the presiding officer, may speak.  The presiding officer may indicate a time limit on such recognition.
5. A quorum consists of a majority of the total membership of the Faculty Senate.  An attendance record of members of the Faculty Senate shall be kept by the Secretary of the University.
6. The final action on each document before the Faculty Senate shall be recorded in the minutes.
7. Each agenda for a Faculty Senate meeting shall contain a section identified “Chancellor’s Report” in which the Chancellor reports on their action(s) taken or action(s) under consideration concerning legislation enacted by the Faculty Senate at previous Faculty Senate meetings.

1. The Faculty Senate shall submit a report of its actions at each regular meeting of the University Faculty.  The report shall be considered as “automatic consent” business unless a majority of the Faculty Senate votes to present its report or portions thereof to the Faculty for action thereon.
2. Upon written petition to the Secretary of the University of any twenty-five (25) members of the University Faculty, any action of the Faculty Senate may be appealed to a regular or special meeting of the Faculty.  Any matters subject to such appeal shall have priority in the preparation of the calendar of the regular or special meeting.

1. Subject to the limitations of the Wisconsin Statutes and the policies of the Board of Regents, formal actions taken by the University Faculty or its Faculty Senate become University policy to be implemented by appropriate authorities within thirty (30) days after they have been transmitted to the Chancellor by the Secretary of the University.
2. The Chancellor may delay implementation of any Faculty action or part thereof beyond the thirty (30) day period by notifying the University Committee, within that period, of their intention and the reasons therefore.

The Secretary of the University shall assist the Chancellor and the University Committee in the implementation of University governance.  The duties of the Secretary include but are not limited to:  serving as recording officer for UWM Faculty and UWM Faculty Senate; conducting Faculty elections; organization of committee membership in accordance with UWM Policies and Procedures; organization of commencements; and support of various committees designated by the Chancellor.  The Secretary shall be appointed by the Chancellor on the advice of the University Committee.  The Secretary shall be a member of the Faculty with the same rights and duties as other members of the Faculty.

1. UWM is organized into colleges each with its own Faculty. A college is defined as an academic unit with a Dean as its Chief Executive Officer. Schools may be organized inside a college. Such schools are led by an Associate Dean of the college, appointed by the Dean of the college. The Faculty of such schools will have a subset of the college Faculty, and membership in a school Faculty carries with it membership in the college Faculty.
   
   As long as they are lead by a Dean, the School of Freshwater Sciences and the Graduate School shall be considered colleges.
2. A college shall be created, substantially restructured, or discontinued with the approval of the Faculty Senate and the Chancellor, and subject to the approval of the Board of Regents.  A school shall be created, substantially restructured, or discontinued with the approval of the Faculty Senate and the Chancellor. Prior to submission to the Faculty Senate, all proposals to create, substantially restructure, or discontinue college(s) or school(s) shall be sent to the University Committee for referral to the appropriate committees for their review and recommendations.
   
   Guidelines for creating, substantially restructuring, or discontinuing a college or school have been developed by the Academic Planning and Budget Committee.  Proposals to create, substantially restructure, or discontinue college(s) may originate at any level of the institution.  Proposals to create, substantially restructure, or discontinue a school must originate in the college housing the school. The template for submitting such proposals to the University Committee is available from the Secretary of the University.
3. The Dean is the chief executive officer of a college and must have been granted tenure rank upon recommendation by appropriate Faculty bodies as a condition of appointment to this administrative position.
4. The Dean of a college may delegate specific areas of responsibilities to appropriate associate or Assistant Dean’s.  Associate Deans who hold responsibility for academic program and Faculty personnel policies must have been granted tenure rank upon recommendation of appropriate Faculty bodies as a condition of appointment to this administrative position.

1. The Faculty of each college consists of the Chancellor, the Dean, and all members of the Faculty as defined in 1.01(1) who hold appointments in the college. In addition, the Faculty of each college may designate Faculty members as defined in 1.01(1) who hold appointments in other colleges as voting members of its college. (The Faculty of the Graduate School is defined in 2.02(3).)
2. The Faculty of a school consists of the members of the Faculty of the college who are designated to hold appointments inside the school. In addition, the Faculty of each school may designate Faculty members as defined by 1.01(1) who hold appointments in other colleges or schools as voting members of its school.
3. The Graduate School Faculty includes all voting members of the University Faculty as defined in 1.01(1)(a) who meet qualifications established by the Graduate Faculty Committee. The Graduate Faculty Committee shall obtain from each department a list with supporting evidence of its members who continue to meet these qualifications, by annual schedules established by the Graduate Faculty Committee. Nominations for additions or deletions from the list are submitted at the same time. Lists are submitted by Executive Committees which sponsor graduate work with copies to the Dean of the Graduate School, Dean of the appropriate college, and chairperson of the Graduate Faculty Committee. The Committee periodically reviews submitted lists of members of the Faculty of the Graduate School and recommends to the Graduate Faculty Committee approval the names of individuals who meet the qualifications for categories of Graduate School Faculty membership.
4. 1. The Faculty of a college may designate members of its Academic Staff with training, experience and responsibility comparable to those in the Faculty ranks as voting members of its Faculty. If the college contains schools and/or departments, the Academic Staff must have been granted voting rights by the school or department prior to receiving voting rights in the college. If a school is departmentalized, the Academic Staff must have been granted voting rights in one of the departments of a school prior to receiving voting rights in the school.
   2. The foregoing does not deny voting rights to any person holding same prior to enactment of this legislation.  Such definition does not imply University Faculty status as defined in l.0l(l).

Subject to the general jurisdiction of the University Faculty over all educational matters which concern more than one college (1.02), college faculties have the following duties and powers:

1. To control matters involving scholarship, including the advancement of students, and dismissal for defective scholarship.
2. To recommend to the University Faculty requirements for admission, course of study, conditions of graduation, and the nature of the baccalaureate degrees conferred.  In the case of graduate program matters to recommend to the Graduate School Faculty as provided in 1.02(8).
3. To administer the regulations for the admission of students, so far as this duty is committed to them by the University Faculty.
4. To recommend to the Board of Regents candidates for degrees in courses.
5. To recommend candidates for fellowships and scholarships.
6. To recommend honorary fellows and honorary scholars.
7. To establish research and field services and sponsor conferences, institutes, clinics, and short courses appropriate to the college.
8. To make appropriate citations with approval of the Board of Regents recognizing outstanding achievements by Wisconsin citizens and others who have been connected with the University or the State.
9. To review and to make recommendations to appropriate administrative officers concerning proposals affecting departmental or other academic sub-unit structure of the concerned college.
10. To establish by Faculty action and administrative approval by appropriate Deans liaison Faculty bodies between two (2) or more colleges.  Recommendations may be made to the participating faculties on any educational matter normally within the jurisdiction of a single Faculty.  Recommendations from such liaison bodies are subject to review and approval of each participating college.
11. To establish or designate an Academic Planning Committee as a standing Faculty committee of the college (except the Graduate School) and determine its composition, method of election, procedures, and criteria for action.  This information shall be communicated by the Dean to the Secretary of the University.  The functions of each Academic Planning Committee shall include, but not be limited to the following:
    1. Make recommendations to the Dean regarding the development of long-range plans and goals for the college consistent with the preservation of high quality teaching, research and public service.
    2. Review academic program plans and related budgetary proposals regarding positions prepared by the schools, departments or their functional equivalents.
    3. Afford schools and departments or their functional equivalents ample opportunity to present information and position statements during programmatic and budgetary discussions.
    4. Advise the Dean regarding criteria and priorities for budget adjustments.
    5. Advise a school or department (or its functional equivalent) and the Dean in the event department and Dean disagree over specific programmatic or budgetary decisions regarding open Faculty positions or positions occupied by probationary Faculty.  (See 4.05)
12. The Faculty of each college whose units offer graduate work shall establish a Graduate Program Committee and determine its composition, size, and method of election and/or appointment of its members.  Faculty members are elected or appointed from among the members of its Graduate School Faculty.  Student members, if provided for in the composition of the Committee, are appointed by the Dean in consultation with the student organization(s) designated as appropriate by the Faculty.  The functions of each Graduate Program Committee shall include, but not limited to the following:
    1. Oversees all continuing graduate programs within the college.
    2. Reviews all proposals for new graduate programs or modifications of existing graduate programs in the college.  Proposals originating in schools, in departments, or in inter-departmental bodies and approved by the college committees shall be forwarded by the Dean of the college with recommendations to the Dean of the Graduate School for review and action by the Graduate Faculty Committee and by the Dean of the Graduate School.
13. For colleges containing schools, any of these duties and power, except the creation of an Academic Planning Committee, may be delegated to the individual schools by the Faculty of the college. An individual school may create an Academic Planning Committee to advise on school matters.

1. Meetings of each Faculty are held at the call of the Dean or as the Faculty deems necessary.
2. Each Faculty shall make rules of procedure and provide for committees, consistent with principles of the rules governing the University Faculty.  In the absence of such action, the rules governing the procedures of the University Faculty (Chapters 1 and 6) shall apply when appropriate.
3. It is the duty of Faculty members to attend meetings of the Faculty.  All members of the Academic Staff (defined in UWS 1.01(1)) have a right to speak, but only members of the University Faculty, as defined in 1.01(1), may vote unless otherwise provided in 2.02(2).
4. The Dean is the executive officer of the college and is responsible directly to the Chancellor.  The Dean has immediate supervision of the affairs of the college, in all of its schools and departments and is the presiding officer of each Faculty and ex-officio a member of all standing committees of the college.
5. Each Faculty appoints a secretary who keeps a record of its proceedings.  A copy of the proceedings of each Faculty is furnished by its secretary to each member of the college Faculty.
6. The Dean of each Faculty transmits to the University Faculty, through its secretary, all actions which are within the concern of the University Faculty.  College Faculty action which does not require consideration by the University Faculty is transmitted, in the same manner, to the Chancellor for transmission to the President of the University System and the Board of Regents as may be required.
7. If a college contains schools, the college Faculty may designate to a school Faculty the ability to conduct actions that affect only that particular school’s functions. If a school is granted such authority, such actions do not need further approval by the college Faculty, and are transmitted by the Dean in the manner described in 2.04(6). If a schools is given such authority, the school shall appoint a secretary to keep a record of its proceedings.
8. Except where expressly prescribed the activity of any representative Faculty body of any college Faculty must follow the procedures prescribed for the college Faculty.

Divisions of Faculty members in related subjects of teaching and research, independent of colleges, schools and departments, are: (1) Arts and Humanities; (2) Natural Sciences; (3) Professions; (4) Social Sciences.  Each academic department and non-departmentalized school, college, or Division or any other unit in which tenure is granted shall be a member of at least one (1) Division.  Each Division has an Executive Committee whose Chair also serves as Chair of the Divisional Faculty.

1. The Executive Committee of each Division recommends, for approval by the University Faculty or the Faculty Senate, which academic departments or non-departmentalized schools or colleges, hereinafter called “department,” shall be included in its Division.  Applications for membership of departments in more than one (1) Division are recommended by the appropriate Divisional Executive Committees for approval by the University Faculty or the Faculty Senate.  A dispute as to Divisional membership shall be settled by the University Faculty or the Faculty Senate on the recommendation of the University Committee.
2. The University Committee shall, in conjunction with its annual review of membership on the Faculty Senate, file a list of departmental membership in the Faculty Divisions.
3. The Division’s Chair may call meetings of the Division’s Faculty, and must do so on the written request of ten (10) members.

Faculty members having the rank of Professor, Associate Professor, Assistant Professor, instructor and such other persons having Faculty status are eligible to vote in the Division in which their department has membership.  If a department is in more than one (1) Division, a member of its Faculty shall vote in only the one with which the subject matter of the Faculty member’s courses and research are most appropriately associated.  This will usually be the Division concerned with advice for tenure status.  If a Faculty member holds an appointment in a department which is in more than one (1) Division, then the Faculty member must choose a Divisional membership during the first semester of employment.  The Faculty member may not change membership in a Division after being considered for promotion to a tenure position until the Faculty member has gained tenure.  Changes of membership in Divisions require the approval of the Executive Committee of both Divisions.

Before appointment, or promotion, to a position on the tenured Faculty is made, the Dean shall ask the advice of the appropriate Divisional Executive Committee, before recommending action to the Chancellor.  For appointments involving tenure implications, not covered by the five (5) Divisions, or other units in which tenure is granted, the University Committee will be the appropriate review body.  In each case, the Dean informs the committee of the Dean’s action based on the committee’s advice.

1. Divisional Executive Committees are charged with rendering advice on promotions to Professor to the Dean of the appropriate college.  (See Chapter 5.20)
2. Advice on tenured appointments as full Professor or promotion to full Professor shall be considered by a subcommittee of the appropriate Divisional Executive Committee.  This subcommittee shall be composed of all regular Divisional Executive Committee members who hold the rank of full Professor.  Should there be fewer than three full Professors eligible to serve for a given candidate, the Divisional Executive Committee Chair shall appoint the necessary additional members from among former Divisional Executive Committee members holding the rank of full Professor.  These additional appointments will bring the subcommittee membership to three.
   
   This subcommittee shall review advice for tenured appointments as Professor or promotion to the rank of full Professor and shall transmit its advice, accompanied by a detailed statement of the reasons that ground it, to the Dean through the Chair of the Divisional Executive Committee.
3. Procedures for review of candidates for promotion to full Professor will otherwise follow procedures identical to those used for promotion to Associate Professor, including the right of the candidate to choose an open meeting.
4. Each Divisional subcommittee of full Professors shall elect one of its members as Chair.
5. A quorum of the subcommittee of full Professors will be a majority of the subcommittee members, but not fewer than three.
6. An Associate Professor who is a member of a Divisional Executive Committee must cease to be a member if their own promotion is to be reviewed by the Divisional Subcommittee during their tenure.  Such action shall become effective as soon as positive recommendation has been made by their Executive Committee.

1. In cases where a tenured Faculty member has been voted to have not met expectations by their Executive Committee during their five-year review, the Dean shall ask for the advice of the appropriate Divisional Executive Committee.  
2. In cases where their Executive Committee has voted that a Faculty member has met expectations but the Dean has initiated an independent review, the Dean shall ask for the advice of the appropriate Divisional Executive Committee. 

1. Advice of the Divisional Executive Committee accompanies the personnel papers through administrative channels to the Chancellor.  Copies are given to the department concerned.
2. Annual reports to the Faculty by each Divisional Executive Committee shall detail activities, including the number of cases considered for tenure or promotion, the number and type of advice, the number of reconsiderations, and an enumeration of advice accepted and the number rejected by the Dean and by the Chancellor.

Advice on personnel recommendations includes the text of the motion voted on by the Divisional Executive Committee, and the “ayes,” “nays,” and abstentions.

1. Teaching, research and service are all to be considered in any judgment concerning promotion or appointment with tenure, specifically as measured by demonstrated teaching ability, professional competence, past and anticipated creative accomplishments, and contributions and service to the public, the University, and to the Faculty member’s profession.  Annually each Divisional Executive Committee shall distribute to every member of the Division a written statement of the standards and guidelines governing its deliberations in cases concerning promotion or appointment to tenure or within tenure rank.
2. With respect to the granting of tenure, all probationary Faculty shall be evaluated by departmental and Divisional Executive Committees in accordance with the most current written standards and guidelines in existence, or, at the candidate’s written request, those written standards and guidelines in existence at the time of initial employment.  A Faculty member may exercise this option only once and prior to any tenure evaluation of the candidate by the department.
3. All tenured Associate Professors being considered for promotion to the rank of Professor shall be evaluated in conformity with current written standards and guidelines or, at the candidate’s option, those in effect during the year immediately proceeding the year of consideration for promotion.

Procedures of reconsideration of negative advice are specified in Section 5.177.

In dealing with an appointment or promotion with tenure, a Divisional Executive Committee or Subcommittee may waive review where a Divisional Executive Committee of a different Division has previously recommended appointment or promotion.

A chancellor, Dean, or department may ask the advice of the appropriate Divisional Executive Committee concerning other personnel matters.  The Divisional Executive Committee may study and make recommendations regarding appointments which will strengthen the Faculty and academic programs.

On their own initiative or on request, the Divisional Executive Committees may advise the Chancellor, the Deans or other administrative officers of their respective units on educational policy and its implementation.

The Faculty or the Chancellor may request Divisional Executive Committees to nominate or appoint persons from their Divisions to ad hoc committees.

A department shall consist of a group of Faculty members recognized by the Faculty (Faculty Senate) and the Chancellor as dealing with a common or closely related disciplinary or mission-oriented interest.  A department shall be created, substantially restructured, or discontinued with the approval of the Faculty Senate and the Chancellor.  Prior to submission to the Faculty Senate, proposals to create, restructure, or discontinue a department shall be sent to the University Committee for referral to the appropriate committees for their review and recommendations. 

Schools or colleges not organized into departments shall operate as departments or organize into appropriate sub-units for the purpose of Chapter 4.

Guidelines for creating, substantially restructuring, or discontinuing a department(s) have been developed by the Academic Planning and Budget Committee.  Proposals to create, substantially restructure, or discontinue department(s) may originate at any level of the institution.  The template for submitting such proposals to the University Committee is available from the Secretary of the University.

All persons holding Faculty appointments in a department as defined by Section 1.01, and as determined by the Executive Committee, departmental Academic Staff members with training, experience and responsibility comparable to those in the Faculty ranks shall have the right to vote or participate otherwise in departmental Faculty meetings, provided that this rule shall not be construed to withdraw any membership understanding or arrangements in effect at the time this rule was adopted.

The immediate government of the department is vested in its departmental Faculty (as defined in 4.02), which has jurisdiction over all the interests of the department, with authority to determine all departmental questions of educational and administrative policy, other than those matters which are vested in the Executive Committee by 4.05.  The Faculty of the department shall be responsible for teaching, research, and public service and shall carry out academic planning processes on a regular basis, including, but not limited to the preparation of the academic program plans for the department.  Each department shall meet at least once each semester, and minutes reflecting all formal actions taken shall be recorded. 

1. Each department has an Executive Committee, consisting of all full-time members of the department who are tenured Professors or tenured Associate Professors, and as determined by the Executive Committee at the time of appointment with tenure, any person holding a part-time appointment as a tenured Professor or tenured Associate Professor, provided that this rule shall not be construed to withdraw any membership understandings or arrangements in effect at the time this rule was adopted, and provided further that all persons holding multiple or part-time appointment as a tenured Professor or tenured Associate Professor shall be entitled to membership in at least one (1) Executive Committee.
2. Members of the Executive Committee who are on leave may participate in its decisions insofar as participation is feasible in the judgment of the Executive Committee.
3. The Executive Committee may designate a member of the committee to serve as secretary and determine the duties of the position.
4. No member of the Executive Committee of a department or non-departmentalized school shall take part in the discussion or vote on any matter while serving as Chancellor, Provost, Vice Chancellor, Dean, Associate Dean, Assistant Dean, Division-level Director, or Assistants to such administrative officers.  This rule shall not preclude an Executive Committee’s electing to confer or consult with any administrative officer on any matter, nor shall it preclude an administrative officer’s attending any open meeting of any Executive Committee. 

1. Recommendations Regarding Personnel Matters
   The Executive Committee makes recommendations concerning appointments, dismissals, promotions, salaries, merit allocations, and other personnel and budget matters, which are transmitted through the Chair to the Dean.
   
   Decisions relating to renewal of appointments, recommending of tenure, and merit salary recommendations shall require an evaluation of the following functions:  teaching, research, creative activity and/or accomplishments, professional and public service, and contribution to the University.  The Executive Committee shall establish criteria, which shall conform to the affirmative action policies and procedures of the University, for renewal and tenure, as well as for merit increases, by determining the relative importance of the above functions in the evaluation processes.  Consideration shall be given to all work and accomplishment that express a Faculty member’s academic interest.  Criteria for renewal and tenure recommendations and for merit salary recommendations shall be written and distributed to all members of the department and to the appropriate Dean.  Certification of the distribution of these criteria shall be submitted annually to the Office of the Secretary of the University.
   1. In case of disagreement between a department and an administrator over specific programmatic or budgetary decisions regarding open Faculty positions and positions occupied by probationary Faculty, advice may be sought by either party from the Academic Planning Committee of the college.  (See 2.03(11)(c).)
   2. A department in which a position is to be eliminated may request the Dean to reconsider the decision.  This request must be made within ten (10) working days of receipt of notification of the decision.  The Dean shall respond to the department within ten (10) working days.
2. Review of Faculty
   The Executive Committee shall provide for the periodic review of the performance of every Faculty member. These reviews include those for determining annual merit salary increases, contract renewal, tenure and promotion and tenured Faculty review. Such reviews shall provide for a Faculty member to be heard on their own case, if they wish, and for the Faculty member to be informed of the outcome of the review.
   1. Guidance and Annual Review of Probationary and Joint Probationary Faculty
      
      The Executive Committee shall establish procedures for the guidance and annual evaluation of each probationary Faculty member and for the review of probationary appointments (see 5.15 – 5.16 of these rules). This adheres to UWS Administrative Policy 1254. The Executive Committee shall ensure that affected probationary Faculty members shall be kept informed of any changes in departmental goals or other circumstances that alter the opportunity for promotion to tenure.  A written description of these procedures shall be filed with the relevant Dean(s). This must include specification of the voting rules of the Executive Committee. A copy of this description and the Executive Committee criteria for the granting of tenure shall be provided (in written or electronic form) to each probationary Faculty member at the time of their appointment.
      1. Primary responsibility for the guidance of the probationary Faculty member shall be assigned to the entire Executive Committee or one or more members of the Executive Committee (aka Guidance Committee). 
      2. In the case of joint appointments this responsibility shall be held by a Joint Guidance Committee composed of one or more Executive Committee members from each department in which the Faculty member has an appointment.  
      3. It is desirable that the Faculty member(s) assigned responsibility for guiding the probationary Faculty member remain the same throughout the probationary appointment unless the probationary Faculty member requests a change.
      4. In some circumstances it may be desirable to formally include tenured Faculty from outside the department(s) sharing a continuing obligation or commitment to a Faculty member for the purpose of guiding the probationary Faculty.  For example, in interdisciplinary fields in which no member of the department has expertise close to that of the probationary Faculty member this may occur.
      5. Guidance of all probationary Faculty should include information and advice on the areas of responsibility of tenure-track Professors: research, teaching, and service. Experts outside the department who can provide specific information and advice on research, teaching and pedagogical effectiveness, and service should be consulted when appropriate as determined by the probationary Faculty member or the probationary Faculty member’s Guidance Committee. 
      6. Responsibility for conducting annual evaluations shall be assigned to the entire Executive Committee or a Subcommittee of the Executive Committee of the tenure home department.  The probationary Faculty member shall be informed of the membership of the committee or subcommittee doing the evaluation. 
         
         In the case of joint appointments, the Executive Committee of the department that is the tenure home of the Faculty member shall be responsible for ensuring the Joint Guidance Committee provides input to the Executive Committee or Subcommittee of the Executive Committee. 
         
         At least once each year, the Executive Committee of the tenure home department shall discuss with the probationary Faculty member departmental and University expectations and the Faculty member’s progress toward tenure. The Executive Committee shall ensure that the probationary Faculty member’s file contains all material relevant to effective evaluation of the probationary Faculty members teaching, research and service activities.
      7. When a probationary Faculty member has been granted an extension(s) of the tenure clock, the annual evaluation should be conducted in the context of the individual’s progress toward a tenurable record given the time remaining on the adjusted clock. A written evaluation approved by the Executive Committee shall be given to the probationary Faculty member. The probationary Faculty member may respond to the evaluation in writing or may, upon request, address the Executive Committee regarding the evaluation.
   2. Tenured Faculty Review
      
      The Executive Committee shall review all tenured Faculty using the criteria and procedures outlined in Faculty Document No. 3083.  These tenured Faculty reviews are intended as collegial assessments and provide an opportunity for Faculty to review progress made on past performance plans and to propose future plans. These reviews shall be conducted on a five-year prospective timeline by the Executive Committee of the tenure home department. This adheres to UWS Administrative Policy 1254.
   3. Guidance and Review of Tenured Associate Professors for Consideration to Full Professor
      
      The Executive Committee shall provide in written or electronic form, to its Associate Professors, the department’s criteria for promotion to full Professor.  It shall, as either part of the Tenured Faculty Review process or in separate review process, review each of its Associate Professors’ progress toward promotion to full Professor status and shall inform her/him of the outcome of that review. 
      
      In the case of joint appointments, the Executive Committee of the department that is the tenure home of the Faculty member shall be responsible for ensuring the Joint Guidance Committee provides input to the Executive Committee or Subcommittee of the Executive Committee.
      
      Promotion from the rank of Associate Professor to the rank of Professor is based on evidence that the candidate has made substantial contributions in research, teaching, and service after promotion to tenure.
      
      Associate Professors may request a consideration for promotion to full Professor.  If asked, the Executive Committee is obligated to render a decision as to whether they will consider a formal review of the Faculty member as per procedures outlined in Section 5.20 of UWM Policies and Procedures.
3. The Executive Committee may, by annual vote, delegate to a subcommittee of the Executive Committee the responsibility to make recommendations to the Executive Committee with respect to any or all of the following matters:
   1. salary increases
   2. probationary Faculty appointments and reappointments
   3. probationary Academic Staff appointments and reappointments
   4. appointment or promotion of University Staff
   5. appointment of graduate assistants
   6. management of departmental operating expenses (supplies and expense accounts)  
4. The Executive Committee may delegate to the tenured Faculty of the department who hold the rank of Professor the authority to make recommendations for promotions to the rank of Professor. These recommendations will be transmitted through the Executive Committee Chair to the Dean.
5. In schools and colleges in which departmental structures do not exist, Executive Committees shall have the same authority to make recommendations concerning appointments, dismissals, promotions, salaries, and other budget matters, to the Dean or Director, as Executive Committees described in paragraph (1) of this Section.
6. Each Executive Committee shall meet at least once each semester.  Except as otherwise provided, minutes reflecting all formal actions taken shall be recorded.  

1. All members of a department Faculty including those who are designated, in accordance with 4.02, as being eligible to vote by the Executive Committee, shall be given the opportunity to register an individual preference for departmental Chair.  departments may authorize a preliminary procedure of nominating a limited number of candidates for departmental Chair.  Such individual preferences shall be communicated to the Dean in due course following the request of the respective Deans for same.
2. The method of expression of individual preferences must include the use of a written preference ballot, which may be a mail ballot.
3. In all cases, the individual preference ballots shall be received by a departmental Faculty member(s) designated by the department who shall forward all individual preference ballots to the Dean.  Where the department authorizes, the individual preference ballots may be examined by designated departmental Faculty member(s) for the purpose of informing the department of the individual preferences indicated.
4. A departmental Faculty member on leave may express a preference provided the expression is not accomplished through a substitute person.
5. The Dean shall exercise the authority to appoint a Chair from among the members of the department holding Professorial rank provided:
   1. The Dean has received and examined the individual preferences noted by the eligible members of the department.
   2. The Dean has consulted with the Chancellor
   3. Consultation between the Dean and both the departmental Faculty and the University Committee shall occur when the Dean contemplates appointment of an individual
      1. who is not the individual who received a plurality vote for  Chair; or
      2. who is not a member of the Faculty of the department
6. The term of office of a departmental Chair is one (1) year, but there is no limit upon the number of terms he/she may serve. 

The Chair of the department has the following duties:

1. Serves as the official channel of communications for all matters affecting the department as a whole between the department and the President, the Chancellor, the Dean, other University officials or departments.
2. Calls meetings of the departmental Faculty and of the Executive Committee at the Chair’s own initiative or at the request of any two (2) members of the respective bodies, presides over the meetings, transmits minutes of the departmental and Executive Committee meetings to the appropriate Dean, and to the departmental or Executive Committee members and maintains such minutes in the departmental files. 
3. Has charge of all official correspondence.
4. Determines that all necessary records of meetings, teaching, research and public service of the department are properly kept and are always accessible to the proper authorities. 
5. Reports to the Dean regarding the activities and needs of the department.
6. Has responsibility for all departmental supplies.
7. Submits new courses, major revisions of existing courses, and deletion of courses proposed by the department for action by the appropriate course committee and by the Dean.
8. Takes action, in case of emergency, pending a meeting of the Executive Committee.
9. In general, acts as the executive of the department, including the areas of personnel, student issues, budget, curriculum and research in accordance with established policies of the departmental Faculty and its Executive Committee.

Where observance of these rules is impracticable because of smallness of staff or lack of tenured personnel, the departmental Faculty is authorized to request augmentation of small Executive Committees.  The Dean may initiate augmentation if the departmental Faculty fails to exercise such responsibility.  Augmented members are appointed annually by the Dean of the college, on advice of the University Committee, from tenured Faculty members holding the rank of Professor or Associate Professor in other departments or non-departmentalized schools or colleges.  The need for an augmented Executive Committee shall be reviewed annually by the departmental Faculty and the Dean.

1. Department-like Body: Defined
   A group of Faculty who are not all in the same department or academic unit but who share responsibilities for departmental functions as defined in 4.03 or Executive Committee functions as defined in 4.05 constitute a department-like body.  A department-like body may serve as a tenure home.  For the purposes of UWM Policies and Procedures, the term “department” shall be deemed to include “department-like body.”  Questions concerning the interpretation of this provision shall be resolved by the University Committee.
2. Department-like Body: Membership
   In terms of joint probationary or joint tenure Faculty appointments as defined in 5.03 (3), a department-like body shall function as a department.
3. Department-like Body: Executive Committee Membership
   A department-like body may constitute its Executive Committee with tenured Faculty from other departments or academic units without a tenure relationship with the department-like body.  Membership is for a term specified by the department-like body and is granted only upon the affirmative recommendation of the department-like body’s Executive Committee to its Dean.
4. Department-like Body: Review
   A department-like body shall submit a report on its progress toward departmental status to the Academic Planning & Budget Committee, the Graduate Faculty Committee (if applicable), and the Academic Program & Curriculum Committee for review and comment on a ten-year basis.

The provisions of this chapter are specifically limited to individual Faculty members as defined in 5.01 and do not apply to Academic Staff personnel.  The Dean or other appointing authority shall send to each member of the Faculty, and to each new appointee to the Faculty, a copy of Chapter 5, UWM Policies and Procedures and the University of Wisconsin System Faculty Personnel Rules, together with the written statements of criteria for renewal of appointment and promotion to tenure rank specified in 3.17 and 4.05(1).  When a department is a member of two (2) or more Divisions the criteria formulated by each Divisional Executive Committee are included.

Faculty means persons who hold the rank of Professor, Associate Professor, Assistant Professor, or Instructor in an academic department of its functional equivalent.

By action of the department or its functional equivalent, Faculty Senate, and the Chancellor, a full-time member of the instructional staff who has a probationary or indefinite appointment may be designated as having Faculty status with the right to participate in Faculty governance as specified in Chapter l. Faculty status does not confer rank or tenure or convert an Academic Staff appointment into a Faculty appointment. The provisions of chapter 5 do not apply to Academic Staff granted Faculty status.

Faculty Appointments

As used throughout these rules, an “appointment” (unmodified) is an agreement between an individual and a department, school, college, or other unit of the University. The elements of an appointment are (1) duties; (2) title; (3) percentage time commitment; (4) beginning and ending dates; (5) financial remuneration, if any; (6) departments or other units involved; and (7) governance rights.

Obligation to Faculty Members Following Appointment:  Continuing Commitment

Both the appointing department(s) or equivalent unit(s) and the University incur a continuing commitment to honor the terms of the appointment of a probationary or tenured Faculty member.  For tenured members of the Faculty, that continuing commitment extends for as long as the Faculty member holds tenure. For probationary Faculty members, the term of the continuing commitment coincides with the term of the probationary appointment (see Section 5.13 – 5.161) 

1. In the case of an appointment that is less than full-time, the continuing commitment is for the same fraction as the appointment.
2. In the case of a joint appointment, the fraction of the continuing commitment assignable to each unit shall be specified. The total continuing commitment or its Division among departments or units may be changed only by agreement among the individual, the Executive Committees, and the Dean(s) involved (see FD 2218).  One department must serve as an individual’s tenure home.
3. By agreement of the Faculty member, the Executive Committee(s), and the Dean, the level of departmental activity of the individual may differ from the continuing commitment in any given year. Such an occasional deviation does not in itself alter the continuing commitment.
4. In the event of the dissolution of a department holding a continuing commitment to a Faculty member, an effort shall be made to identify an alternative department which is mutually suitable and which will assume the continuing commitment of the former department. If no such department can be found, the continuing commitment will be assumed by the University (also see Section 5.60 – 5.63).

Faculty appointments may be granted only upon affirmative recommendation of an Executive Committee(s) as provided in Chapter 4, except in the specific situation provided for under UWS 3.08(3).

1. An initial Faculty appointment is an appointment granted to an individual who has not previously held a Faculty appointment in the University. An initial appointment may be probationary or with tenure.
2. Faculty recruitment and the selection of individuals to whom appointments may be offered is the responsibility of the Executive Committee(s). The procedures shall be consistent with UWS 3.02.
3. Faculty appointments shall be offered only in accordance with the provisions of UWS 3.03 and these regulations and with appropriate administrative approval.

1. Probationary Faculty Appointment
   1. A probationary appointment means an appointment preceding the granting of tenure.  It is made by the Board of Regents upon the affirmative recommendation of the Executive Committee of the appropriate academic department, or its functional equivalent, the Dean of the college, and the Chancellor. 
   2. Although probationary appointments are ordinarily made at the rank of Instructor or Assistant Professor, in exceptional cases persons from outside this University may be granted probationary appointments at the rank of Associate Professor or Professor. 
2. Tenure Faculty Appointment
   Tenure Faculty appointment means an appointment for an unlimited period granted to a ranked Faculty member by the Board of Regents upon the affirmative recommendation of the appropriate Executive Committee or an ad hoc review committee (ref. 5.181 – 5.186), the Dean of the college, and the Chancellor.  Tenure appointment may be granted to any ranked Faculty member who holds a half-time appointment or more.  The proportion of time provided for in the appointment may not be diminished or increased without the mutual consent of the Faculty member and the University unless the Faculty member is dismissed for just cause pursuant to 36.13(5), Wis. Stats., or is terminated or laid off pursuant to 36.21, Wis. Stats.  Tenure includes rights and privileges appropriate to the rank subject to the provisions of 4.04.
3. Joint Probationary or Joint Tenure Faculty Appointment
   A “joint probationary Faculty appointment” or “joint tenure Faculty appointment” occurs when two or more departments and/or colleges share a continuing obligation or commitment to a Faculty member.  The appointment must be at the same rank in each department.
   
   Joint probationary or tenure Faculty appointments require the written agreement by all participating departments and/or college.  In cases of an initial Faculty appointment (see 5.02) this agreement shall be included in the initial letter of offer.  Copies are to be filed with each department Chair and the college Dean (or Division head).
   
   The written agreement shall specify:
   • the percentage of the appointment in each department or college.
   • one department as the principal sponsor or tenure home of the Faculty member.  The Faculty member shall have an appointment in sponsoring or “tenure home” department.
   • whether the percentages of appointments are to be or may be changed/reviewed at some future time.
   • that in the event a request to change the percentage of a joint appointment is made, it shall only be granted by the mutual agreement among the appropriate Executive Committees and Joint Guidance Committee, Dean(s), and the individual concerned.
   • the start date of the joint appointment. 
   • whether the appointment is on an annual or academic year basis.
   • the percentage of the Faculty member’s salary that is budgeted in each participating department and college.
   • the department(s) that is(are) responsible for conducting annual reviews of the Faculty member, as well as future merit salary considerations.
   • for tenured or existing UWM Faculty, the Faculty member’s Divisional affiliation. 
   • for incoming or initial Faculty, the Divisional affiliations that are available to the Faculty member. 
   • for probationary appointments, there must be a specification of probationary prior service and the duration of initial appointment.
     
     If the joint appointment involves more than one chancellor-headed unit of the UW System, the appropriate vice chancellor must be informed at the beginning of negotiations. [See S-33, Interinstitutional Recruiting.]
4. Affiliate Faculty Appointment
   An affiliate appointment is one that allows a Faculty member to be associated with a department without a continuing obligation, commitment, tenure, governance rights or a continuing commitment by the department, or college.  Affiliations may be granted, by the Executive Committee, only to probationary and tenured Faculty and only for fixed terms.  With the approval of the Executive Committee, affiliate appointments may be extended beyond one term.
5. Limited Administrative Appointment
   A limited administrative appointment is to a specific administrative position and is at the pleasure of the appointing authority (e.g. Dean, Provost, and Chancellor).  A person who has a Faculty appointment does not lose it by appointment to an administrative position, but administrative officers do not have tenure in their administrative positions. 

1. Previous full-time service in other accredited colleges or universities in a rank equivalent to Assistant Professor or above, or previous full-time teaching service as a member of the Academic Staff at this University, may be taken into account in computing a person’s probationary service at this University, so that the probationary period shall not exceed seven (7) years in all.  If a person receives a probationary appointment after service of more than three (3) years in one or more institutions, a person’s probationary status in the University may extend for as long as four (4) years, even though the total probationary period is thereby extended beyond the normal maximum of seven (7) years.  In the case of less than full-time appointments, the provisions of 5.l3(3) apply.  Prior probationary service must be established in writing at the time a Faculty appointment is offered.
2. In cases of transfers from other institutions or from the teaching Academic Staff at this University, with the consent of the person concerned, the department and the Dean, it may be agreed in writing at the time the appointment is made, that one whose previous full-time service was performed in those institutions before receiving the doctoral degree (or the degree typically considered terminal in a given discipline), and while a candidate for this degree, may be granted a maximum seven-year probationary period in the University.
3. The probationary period for Assistant Professors and Instructors on at least one-half time but not more than three-fourths time appointment is counted as one-half year probationary service; service of greater than three-fourths time is counted as a full year.  In no case shall the probationary period exceed fourteen (14) calendar years.   
4. The period of leave of absence is excluded in calculating the probationary period.

1. The probationary period for Associate Professors and Professors with probationary appointments of at least one-half time but not more than three-fourths time appointment is counted as one-half year probationary service; service of greater than three-fourths time is counted as a full year.
2. The period of leave of absence is excluded in calculating the probationary period.
3. Previous experience, scholarly accomplishments, scholarly publications and the like may be taken into account in calculating the probationary period of Associate Professors and Professors on probationary appointments.  Credit for previous experience will be agreed upon in writing at the time the appointment is made.  In no case will the probationary period for Associate Professors and Professors on probationary appointments exceed three (3) years.

Certain circumstances may impede a Faculty member’s progress toward achieving tenure, including responsibilities with respect to childbirth/adoption, significant responsibilities with respect to elder/dependent care obligations, disability/chronic illness, or circumstances beyond the control of the Faculty 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 responsibilities carries with it the presumption of approval. More than one request may be granted but the total time granted for extensions may not ordinarily exceed one year. Multiple extension requests granted for childbirth/adoption may exceed one year. Pursuant to UWS 3.04, Wis. Admin. Code, the procedures for requesting an extension are:

1. The Faculty member provides a written request to the Executive Committee, which forwards the request with its recommendation to the Dean and Provost. In cases of childbirth and adoption as well as requests that are related to disability or chronic illness, the Faculty member provides a written request directly to the Provost.
2. Requests for probationary period extension may be approved by the Provost, after review by the Executive Committee and the Dean and upon consultation with the University Committee. Requests in cases of childbirth/ adoption and those that are related to disability or chronic illness that are provided directly to the Provost shall be approved only after consultation with the University Committee and the Executive Committee, as well as notification of the Dean. Except to obtain necessary consultative assistance on medical or legal issues, only the Provost and the ADA Coordinator will have access to documentation pertaining to a request related to disability or chronic illness.
3. All requests for probationary period extensions shall be made prior to commencing with a tenure or contract renewal review. With respect to contract renewals, it is presumed that Executive Committees will extend the contractual period for a minimum of the recommended and approved probationary period extension. With respect to requests related to disability or chronic illness, Executive Committees will extend the contractual period for a period of time that coincides with the approved probationary period extension.
4. If a probationary period extension is approved, a reduction in scholarly productivity during the period of time addressed in the request should not prejudice a subsequent renewal decision. Any Faculty member in probationary status more than seven (7) years because of extensions shall be evaluated as if the Faculty member had been on probationary status for seven (7) years.
5. A denial of a request shall be provided in writing to the Faculty member, the Executive Committee, and the Dean, and shall be based upon clear and convincing reasons. If the request is related to disability or chronic illness and denied by the Provost, only the requesting Faculty member will receive notification of the denial.
6. A Faculty member who believes that a request has been denied unfairly may file an appeal with the University Committee for referral to the Faculty Appeals and Grievances Committee within 60 business days of the request being denied.  [Section A2.3(3)]

Before an appointment is made within a department included within a Division to a position of permanent tenure, or to Associate Professor where tenure had been granted previously at a lower rank, the Dean shall ask through the Divisional Chair the advice of the Executive Committee of the Division.

An Instructor is appointed for a probationary period of one (1) year and may be reappointed as Instructor for not more than six (6) times, except as provided in 5.13 and later in this paragraph.  After not more than seven (7) years of probationary service as an Instructor at this University, whether continuous or not, the Faculty member, upon the recommendation of the appropriate Executive Committee or an ad hoc review committee (ref. 5.181 – 5.186), the Dean of the college, and the Chancellor, shall be promoted to Assistant Professor with tenure or not retained, or, in exceptional cases, reappointed without promotion but with tenure.  The Instructor shall be informed in writing by the appropriate administrative officer of that decision before the close of the Faculty member’s sixth (6) year of service.  These provisions do not imply any obligation of reappointment from year to year, nor do they preclude recommending an Instructor for promotion at any time.

After not more than seven (7) years of probationary service as Assistant Professor, or Instructor and Assistant Professor, except as provided in 5.13, the Faculty member shall be promoted with tenure, not retained, or in exceptional cases, reappointed with tenure.  The decision on which course to take is made on recommendation of the appropriate Executive Committee or an ad hoc review committee (ref. 5.181 – 5.186), the Dean and the Chancellor to the Board of Regents.  The Faculty member shall be officially notified of the decision in writing by the appropriate administrative officer in accordance with the provisions of 5.19.  If a Faculty member is appointed Assistant Professor from outside UWM, the appointment is normally for a term of two (2) years.  These provisions do not imply any obligation of reappointment, nor do they preclude recommending an Assistant Professor for promotion or tenure after a period of service less than seven (7) years.

After not more than three (3) years of probationary service as Associate Professor or Professor without tenure except as provided in 5.131, the Faculty member shall be granted tenure or not retained.  The decision on which course to take is made on the recommendation of the appropriate Executive Committee or an ad hoc review committee (ref. 5.181 – 5.186), the Dean and the Chancellor to the Board of Regents.  The Faculty member shall be officially notified of the decision in writing by the appropriate administrative officer in accordance with the provisions of 5.19.

The Executive Committee shall provide the appropriate notice for all tenure/promotion decisions (see 5.171).

Following deliberations on a tenure/promotion case, the Executive Committee shall vote by written ballot. This ballot shall contain the motion before the committee, the date of the meeting, the individual’s vote (yes, no, abstain), and the signature of the individual voting. These ballots will be collected by the Chair of the committee and retained in the confidential personnel files for the duration of the candidate’s employment at UWM.

Members of the Executive Committee must be present in order to vote. Proxy votes are not allowed. In extraordinary circumstances, and with the permission of the Executive Committee members, a member of the Executive Committee may participate in the meeting by video or audio teleconferencing assuming they have access to all materials placed before the committee by the candidate.

The vote on a decision of tenure/promotion shall be recorded in the minutes of the Executive Committee.

In the event the Executive Committee requires a 2/3 majority for passage of a motion recommending tenure and/or promotion and the vote results in a majority vote that results in a fraction, that fraction will be rounded up to the next highest number.

Provisions of 5.17 through 5.177 apply in all situations where a negative decision may lead to the non-retention of a non-tenured Faculty member, except that provisions 5.172 through 5.174 do not apply to the ad hoc review committee permitted by s. 36.13 (2)(b) Wis. Stats., which is the subject of provisions 5.181 through 5.186.  Unless otherwise specified, Executive Committee refers to the departmental Executive Committee or its functional equivalent.

The Chair of the appropriate Executive Committee or its functional equivalent must notify a non-tenured Faculty member in writing at least thirty (30) days prior to Executive Committee consideration of reappointment, promotion, or non-renewal of appointment.  The notice invites the Faculty member to review personal vita and supporting materials, and to submit additional written material the Faculty member deems relevant.  The notice shall inform the Faculty member that the Faculty member has the option of making a personal presentation to the Executive Committee at the meeting at which the Faculty member is to be considered.  The notice shall further inform the Faculty member that the portion of the meeting during which the Faculty member is to be considered may be closed or open as determined by the Executive Committee consistent with the Statutes pertaining thereto.

In making a personnel decision that may involve non-retention, the Executive Committee must start the process early enough to allow for a possible reconsideration and to meet the deadlines for notification of non-retention as stated in 5.19.

If the Executive Committee decides on non-retention, it must formulate written reasons for the negative recommendation before adjourning.  These reasons will be considered binding on the Executive Committee.  The reasons will not appear in the minutes of the meeting but shall be entrusted to the Chair who must immediately inform the Faculty member orally of the reasons.  No decision shall be forwarded to the Dean until the Faculty member has been given the opportunity to request the written reasons and/or a reconsideration by the Executive Committee according to procedures outlined below.  Failure by the Faculty member to meet the deadlines for requesting written reasons and/or a reconsideration is considered a waiver of those procedures, and the Executive Committee shall forward its decision to the Dean.  The Faculty member shall have the opportunity, within three (3) working days after notification by the Chair, to request reasons in writing.  The Chair will inform the Faculty member of the possible adverse consequences of the existence of written reasons.  If the Faculty member persists in the request, the Chair will immediately provide a copy of the Executive Committee’s statement of reasons.

If the Faculty member wishes a reconsideration of non-retention by the Executive Committee, the request must be made within five (5) working days of the receipt of the oral reasons or within two (2) working days of the receipt of the written reasons.  The meeting for reconsideration shall be held within fifteen (15) working days of receipt of the request except that if the last day of this period does not coincide with a regular day of instruction of any academic semester or regular summer session, it shall convene no later than five (5) working days after the next regular day of instruction of any academic semester or regular summer session.  Written notice of the meeting must be given to the Faculty member at least seven (7) working days prior to such meeting.  The reconsideration is not a hearing, nor an appeal, and shall be non- adversarial in nature.  Its only purpose is to allow the Faculty member an opportunity to persuade the Executive Committee to change its negative decision by challenging the stated reasons and/or by offering new evidence not available at the initial consideration.  The burden of proof is on the person requesting the reconsideration.  The reconsideration meeting shall be closed unless an open meeting is requested by the Faculty member.  At the reconsideration meeting, whether open or closed, the Faculty member is entitled to make a personal presentation, to present witnesses, to have counsel present, and to be provided with an audio recording of both the evidentiary and the deliberation phases of the reconsideration meeting.  Following reconsideration, the Executive Committee shall forward in writing its decision to the Dean. If the Executive Committee decides to forward a negative decision, the reasons for the recommendation must be included.

If the Executive Committee forwards a negative decision that will result in non-retention for a Faculty member, the Dean must accept that decision, subject to appeal procedures outlined below, and inform the Faculty member of the date when the Faculty member’s appointment is terminated.

1. If the Executive Committee forwards a positive recommendation for tenure, the Dean shall forward that recommendation to the appropriate Divisional Executive Committee with a request for advice.
2. If the Dean decides not to accept the Divisional committee’s advice, the Dean shall notify the Chair of the Divisional Executive Committee, and the Executive Committee of the department, with a copy to the individual involved, of the decision within a reasonable time.  If the Faculty member, within twenty (20) working days, requests written reasons and/or reconsideration, the Dean shall respond to the request using the same procedures outlined for the departmental Executive Committee within ten (10) working days.
3. All departmental Executive Committee positive recommendations received by the Dean shall be forwarded to the Chancellor together with relevant documentation and the advice of the Divisional Executive Committee and the Dean.
4. If the Chancellor’s decision concerning tenure is negative, a non-renewal notice is effective upon its issuance by the Dean.  The time limits, as stated in 5.19 for issuing a non-renewal notice, are not extended by subsequent hearing or subsequent appeals.  The Chancellor shall supply a detailed statement of the reasons that ground the decision, if requested by the candidate.

1. In the event that negative advice is rendered by a Divisional Executive Committee which may result in a non-retention of a Faculty member, the following shall occur within seven (7) working days of the formulation of the recommendation before transmittal of such information to the Dean:
   1. Notice shall be given to the Chair of the departmental Executive Committee of the proposed negative advice.  The departmental Executive Committee is required to meet to discuss a request for a reconsideration of the decision within the time period stated in 5.177(2). The Executive Committee is entitled but not required to request reconsideration.
   2. Notice shall be given to the affected Faculty member that the department has the right to request a reconsideration of the proposed negative advice by the Divisional Executive Committee provided such request is made within the time period stated in 5.177(2).  The affected Faculty member has the right to request that the departmental Executive Committee request reconsideration of the proposed negative advice.
2. A reconsideration may be requested under this section within ten (10) working days following receipt of notice per 5.177(1) except that if the last day of this ten (10) working day period does not coincide with a regular day of instruction of any academic semester or session, the request may then be given to the Divisional Executive Committee no later than five (5) working days after the next regular day of instruction of any following academic semester or session.
3. In the event that a timely request for reconsideration is received by the Divisional Executive Committee, it shall convene within fifteen (15) working days of receipt of such request except that if the last day of this period does not coincide with a regular day of instruction of any academic semester or regular summer session, it shall convene no later than five (5) working days after the next regular day of instruction of any academic semester or regular summer session.  Written notice of the meeting must be given to the Faculty member and the Executive Committee at least seven (7) working days prior to such meeting.
4. If no reconsideration request is timely submitted, the Divisional Executive Committee shall forward its negative advice with a written statement of reasons to the Dean immediately upon the expiration of the period provided in 5.177(2).
5. Advice given by Divisional Executive Committees is not appealable.  Complaints alleging improper considerations as enumerated in 5.18(a)-(c) may be filed with the University Committee at any stage of consideration.

1. Written appeal may be made within twenty (20) working days of notice (25 days if notice is by first class mail) of a decision that results in non-retention.  Such appeals are filed with the University Committee, care of the Secretary of the University’s office, for referral to the Faculty Appeals and Grievances Committee.  The Faculty Appeals and Grievances Committee reviews the case not later than twenty (20) working days after it receives the request, except that the time limit can be enlarged by mutual consent of the parties or by order of the Faculty Appeals and Grievances Committee.
   
   The Faculty member shall be given at least ten (10) working days notice of the review.  The burden of proof in such an appeal shall be on the Faculty member, 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 protected by the principles of academic freedom, or
   2. Factors proscribed by applicable state or federal law regarding fair employment practices, or
   3. Improper consideration of qualifications.  For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a Faculty member in question if material prejudice resulted because of any of the following:
      1. The procedures required by rules of the Faculty or Board of Regents 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.
2. The Faculty Appeals and Grievances Committee reports its findings to the individual filing the appeal, the University Committee, the body or official making the non-renewal recommendation or decision, the appropriate Dean, and the Chancellor.
3. Such a report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration of the decision, reconsideration under instructions from the Committee, or a recommendation to the next higher-level authority.  Cases shall be remanded unless the Faculty Appeals and Grievances Committee specifically finds that such a remand would serve no useful purpose.  If the Committee concludes that the decision by a Executive Committee was based on impermissible factors and that remand to the Executive Committee will not serve or has not served a useful purpose, then the Committee’s report shall indicate that the appellant may request a de novo review by an ad hoc committee in accordance with the provisions of s. 36.13 (2)(b) Wis. Stats. and 5.181 – 5.186, UWM Policies and Procedures.  The Faculty Appeals and Grievances Committee shall retain jurisdiction during the pendency of any reconsideration, the University Committee shall retain jurisdiction during a de novo review by an ad hoc committee.  The decision of the Chancellor will be final on such matters.

When a candidate for promotion or tenure receives notice from the Faculty Appeals and Grievances Committee that impermissible factors were used by the Executive Committee in making the decision and that remand has not or will not serve a useful purpose, the candidate may request a review by an ad hoc committee.  The request must be made to the University Committee within two weeks of the date on which the notice is received.  Upon such request and as soon as practicable, an ad hoc committee shell be established by the University Committee for the purpose of providing a de novo review of the candidate’s accomplishments and department criteria for tenure.  The University Committee retains jurisdiction until the Dean has concluded action concerning the candidate’s appointment.

The ad hoc review committee shall be composed of no fewer than 3 and no more than 5 members, who are knowledgeable in the candidate’s area of expertise, and impartial with respect to the outcome of the decision.  Ad hoc review committee members are not restricted to UWM Faculty.  No member of the candidate’s department may serve as a member of the ad hoc review committee.

The selection and appointment of members to the ad hoc review committee shall be at the sole discretion of the University Committee.  Both the Executive Committee and the candidate may submit a list of individuals for the University Committee to consider for possible appointment to the ad hoc review committee.  The University Committee may consult other sources, such as other Faculty members in the UW system or at other universities, or professional or academic societies, in order to identify suitable individuals for possible appointment to the ad hoc review committee.  The University Committee shall select the Chair of the ad hoc review committee.

1. Any and all communication with the ad hoc review committee, or any of its individual members, shall be conducted exclusively by the University Committee, except as provided in 5.184(2), below.
2. The ad hoc review committee shall hold a meeting within six weeks of the date by which time all members have received the candidate’s materials for review.  The University Committee may extend this time period if fairness warrants an extension.  The candidate shall be given notice of this meeting.  The meeting may be held in closed session per s. 19.85, Wis. Stats., unless the candidate requests an open meeting, per s. 19.85(1)(b), Wis. Stats.  The purpose of the meeting of the ad hoc review committee is two-fold:
   1. to allow clarification concerning the candidate’s record and the criteria for promotion or tenure in the department, for which purpose the ad hoc review committee may interview (a) the candidate, and (b) others as the Committee sees fit, provided the Committee has the explicit permission of the University Committee; and
   2. to facilitate discussion among the committee members on the issue of the Faculty member’s qualifications for promotion or tenure, based on the record, for which purpose all members of the ad hoc review committee shall be present, either in person or via telephone, during all phases of the meeting.
3. Votes must be recorded, signed, and dated.  Mailed ballots must be postmarked within two working  days of adjournment, and mailed to the University Committee office.  Other ballots must be hand-delivered to the University Committee office within two working days of adjournment.  Ballots will be tallied by two members of the University Committee.  A simple majority vote is required for a positive recommendation.  The University Committee reports the ad hoc review committee’s recommendation to the Dean, with copies to the appellant, the appellant’s Executive Committee, and the Faculty Appeals and Grievances Committee.
4. Upon receipt of written notification of a negative decision by the ad hoc review committee, the Faculty member may file a written appeal within two weeks to the University Committee for referral to the Faculty Appeals and Grievances Committee.  Only impermissible factors listed in 5.18 (a-c) above may be cited in the written appeal.

If the decision of the ad hoc review committee will result in non-retention, the Dean must accept that decision and inform the Faculty member of the date when the Faculty member’s appointment is terminated.

If the recommendation of the ad hoc review committee is positive, the provisions in 5.176, 5.177, and 5.18 or in 5.20 will apply.

Written notice of reappointment or non-retention shall be given to probationary Faculty as follows:

1. When the appointment expires at the end of an academic year, not later than March 1 of the first academic year and not later than December 15 of the second consecutive year of service;
2. if the initial appointment expires during an academic year, at least three (3) months prior to its expiration; if a second consecutive appointment terminates during the academic year, at least six (6) months prior to its expiration;
3. after two (2) or more years of continuous service at this University such notice shall be given at least twelve (12) months before expiration of the appointment;
4. if proper notice is not given as designated above, the Faculty member shall be entitled to a one-year terminal appointment. This terminal appointment will begin at the end date specified on the Faculty member’s existing contract. Such appointments shall, however, not result in the achievement of tenure.

For purposes of Section 5.20, the following definitions apply.

Appropriate Body:  The initial Faculty committee tasked by a unit to review cases of promotion to Full Professor – either the full Executive Committee or a subcommittee of all Full Professors in the Executive Committee. (Section 4.05(4))

Preliminary Consideration:   The initial examination of the Faculty documents conducted by the Appropriate Body to determine whether to proceed with moving the Faculty forward for promotion. 

Full Consideration:  The process by which the Appropriate Body seeks external review letters for the Faculty member being considered for promotion, fully examines materials submitted by the Faculty member and such external reviewers, and votes to render a recommendation for or against promotion to Full Professor. 

1. Associate Professors shall initiate seeking promotion to Full Professor by making the request for consideration to the Executive Committee.  An Associate Professor’s request for consideration for promotion to Full Professor can be made at any time; however, only one such request may be made in a calendar year. Length of service at the rank of Associate Professor shall not be considered a valid reason for failure to proceed to Full Consideration.
2. Upon receiving a request for consideration for promotion to Full Professor, the Executive Committee shall forward the request to the Appropriate Body, which shall conduct a Preliminary Consideration. The Preliminary Consideration shall be completed within 30 days of receiving the request, unless the request is received outside of the Faculty contractual period.  If a request is received outside the contractual period, the Preliminary Consideration shall be completed no later than 30 days after the start of the contractual period.   These deadlines may be extended by mutual agreement of the Appropriate Body and the candidate.
3. If the Preliminary Consideration results in a decision to proceed to Full Consideration, such proceeding will commence.  The Full Consideration shall be completed within six (6) months of the end of the Preliminary Consideration, unless an extension is agreed to by the Faculty member.  For the Full Consideration, external review letters will be sought in accordance with Divisional committee requirements, additional materials deemed necessary by the Appropriate Body will be gathered, and a full examination of the portfolio of the Faculty member will be conducted.  A vote on recommendation for promotion to Full Professor will be conducted, and the results of the vote will lead to the procedures described below. 
   1. If, following the Full Consideration, the Appropriate Body makes a positive decision on the promotion to rank of Professor, the case is forwarded to the Dean of the college.  Upon receiving the decision and the accompanying documentation, the Dean transmits the material to the subcommittee of members of the appropriate Divisional Executive Committee who hold the rank of Professor for advice. 
      1. If the advice of the Divisional Executive Committee is positive, it is transmitted through the Divisional Executive Committee Chair to the Dean (Section 3.14(2)).
         1. If the Dean accepts the Divisional Executive Committee’s positive advice, the Dean notifies the Chair of the Appropriate Body and the Faculty member concerned.  The Dean transmits all decisions and actions to the Chancellor.
         2. If the Dean does not accept the Divisional Executive Committee’s positive advice, the Dean notifies the Divisional Executive Committee Chair, Chair of the Appropriate Body and the Faculty member concerned.  The Faculty member may request written reasons from the Dean and/or request reconsideration by the Dean.  If there is a reconsideration, Section 5.174 applies.  Upon conclusion of any reconsideration, or if there is no reconsideration, the complete case file is transmitted to the Chancellor.
      2. If the Divisional Executive Committee’s advice is negative, the Divisional Executive Committee Chair notifies the Chair of the Appropriate Body and the Faculty member concerned; provisions regarding reconsideration and written reasons outlined in UWM Policies and Procedures Section 5.177 apply.  Upon the conclusion of any reconsideration, or if there is no reconsideration, the Divisional Executive Committee’s advice, as well as all other materials collected in conjunction with the Faculty member’s case, are transmitted to the Dean through the Divisional Executive Committee Chair.
         1. If the Dean does not accept the Divisional Executive Committee’s negative advice, the Dean notifies the Divisional Executive Committee Chair, Chair of the Appropriate Body and the Faculty member concerned.  The Dean transmits all actions to the Chancellor.
         2. If the Dean accepts the Divisional Executive Committee’s negative advice, the Dean notifies the Divisional Executive Committee Chair, Chair of the Appropriate Body and the Faculty member concerned.  The Faculty member may request written reasons from the Dean and/or request reconsideration by the Dean.  If there is a reconsideration, provisions regarding reconsideration outlined in UWM Policies and Procedures Section 5.174 apply.  Upon conclusion of any reconsideration, or if there is no reconsideration, the complete case file is transmitted to the Chancellor.
   2. If, following the Full Consideration, the Appropriate Body makes a negative decision on the promotion to rank of Professor, the Appropriate Body must formulate written reasons for the negative recommendation before adjourning.  These reasons will be considered binding on the Appropriate Body.  The reasons will not appear in the minutes of the meeting but shall be entrusted to the Chair of the Appropriate Body who must inform the Faculty member orally of the reasons within one working day.  The Faculty member may request the written reasons and/or a reconsideration by the Appropriate Body according to procedures outlined below.  To do so, the Faculty member must, within three (3) working days after notification by the Chair, make a written request for the written reasons.  The Chair will immediately provide a copy of the Appropriate Body’s statement of reasons.  Failure by the Faculty member to meet the deadlines for requesting written reasons and/or a reconsideration is considered a waiver of those procedures. The Chair will forward the decision with the formulated reasons to the Dean within seven (7) days.
      1. The Faculty member may request reconsideration by the Appropriate Body.  If there is a reconsideration, the provisions of Section 5.174 apply.
      2. The Faculty member may appeal the negative decision to the Faculty Appeals and Grievances Committee.  In such an appeal, the provisions of Section 5.18 apply.
4. If the Preliminary Consideration by the Appropriate Body results in a decision to not pursue a Full Consideration, the Appropriate Body must formulate written reasons for the negative recommendation before adjourning.  These reasons will be considered binding on the Appropriate Body.  The reasons will not appear in the minutes of the meeting but shall be entrusted to the Chair of the Appropriate Body who must inform the Faculty member orally of the reasons within one working day.  The Faculty member may request the written reasons and/or a reconsideration by the Appropriate Body according to procedures outlined below.  The Faculty member shall have the opportunity, within three (3) working days after notification by the Chair, to make a written request for the written reasons.  After receiving a timely request, the Chair will immediately provide a copy of the Appropriate Body’s statement of reasons.   Failure by the Faculty member to meet the deadlines for requesting written reasons and/or a reconsideration is considered a waiver of those procedures.
   1. If the Faculty member wishes a reconsideration of a negative Preliminary Consideration decision by the Appropriate Body, the request must be made within five (5) working days of the receipt of the oral reasons or within two (2) working days of the receipt of the written reasons.  The meeting for reconsideration shall be held within fifteen (15) working days of receipt of the request except that if the last day of this period does not coincide with a regular day of instruction of any academic semester or regular summer session, it shall convene no later than ten (10) working days after the next regular day of instruction of any academic semester or regular summer session.  Written notice of the meeting must be given to the Faculty member at least seven (7) working days prior to such meeting.  The reconsideration meeting shall be either audio or video recorded. The reconsideration meeting is not a hearing, nor an appeal, and shall be non-adversarial in nature.  Its only purpose is to allow the Faculty member an opportunity to persuade the Appropriate Body to change its negative decision by challenging the stated reasons and/or by offering new evidence not available at the initial consideration.  The burden of proof is on the person requesting the reconsideration.  The Faculty member may request the reconsideration hearing be open or closed, but the Appropriate Body makes the determination whether to move into closed session.  At the reconsideration meeting, whether open or closed, the Faculty member is entitled to make a personal presentation, to present witnesses, to have counsel present, and to be provided with an audio recording of both the evidentiary and the deliberation phases of the reconsideration meeting.  The Appropriate Body shall vote on the request again during the reconsideration hearing.  If the vote results in a decision to proceed to a Full Consideration, then the procedures for Full Consideration will commence.  If the vote results in a decision to not proceed to Full Consideration, the Faculty member under consideration shall be informed of the decision within one (1) working day. 
   2. If the Appropriate Body decides not to proceed to Full Consideration, either (i) after the Faculty member declined to request reconsideration of the Preliminary Consideration or (ii) if the Faculty member has been at the rank of Associate Professor for less than five years and received a negative recommendation after a request for reconsideration of the Preliminary Consideration, then the promotion process shall be concluded. The Chair of the Appropriate Body will transmit their decision along with the formulated reasons for the negative decision to the Dean within seven (7) days of this final decision.
   3. Faculty who have been at the rank of Associate Professor for at least five years and who have received a negative decision after timely requesting reconsideration of an initial negative Preliminary Consideration may appeal a decision to not proceed to Full Consideration.  An Associate Professor with less than five years of rank for whom a reason given for not being considered is that they were at rank for an insufficient period of time may appeal a decision (length of time at rank is not a reason for denying promotion). Written appeal of a decision to not proceed to Full Consideration may be made within twenty (20) working days of receipt of the negative reconsideration decision (25 days if notice is by first class mail).  Such appeals are filed with the University Committee, care of the Secretary of the University’s office, for referral to the Faculty Appeals and Grievances Committee.  The Faculty Appeals and Grievances Committee reviews the case not later than twenty (20) working days (which shall only include days during the Faculty contractual period) after it receives the request, except that the time limit can be extended by mutual consent of the parties or by order of the Faculty Appeals and Grievances Committee. The Faculty Appeals and Grievances Committee shall apply its own internal procedures to any review.
      
      The Faculty member shall be given at least ten (10) working days’ notice of the Faculty Appeals and Grievances Committee review.  The burden of proof in such an appeal shall be on the Faculty member, and the scope of the review shall be limited to the question of whether the Appropriate Body’s decision not to proceed to Full Consideration 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 protected by the principles of academic freedom, or  
      2. Improper consideration of qualifications.  For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a Faculty member in question if material prejudice resulted because of any of the following:  
         1. The procedures required by rules of the Faculty or Board of Regents 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.  
            
            Appeals to the Faculty Appeals and Grievances Committee based on “Improper consideration of qualifications” may be made only once in a three-year period. 
            
            The Faculty Appeals and Grievances Committee reports its findings to the individual filing the appeal, the University Committee, the Appropriate Body, the Dean, and the Chancellor.  
            
            Such a report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration of the decision, reconsideration under instructions from the Committee, or a recommendation to the next higher-level authority.  Cases shall be remanded unless the Faculty Appeals and Grievances Committee specifically finds that such a remand would serve no useful purpose.  If the Committee concludes that the decision by the Appropriate Body was based on impermissible factors and that remand to that body will not serve or has not served a useful purpose, then the Committee’s report shall indicate that the appellant may request a de novo review by an ad hoc committee in accordance with the provisions of Section 5.181 – 5.186.  The Faculty Appeals and Grievances Committee shall retain jurisdiction during the pendency of any reconsideration; the University Committee shall retain jurisdiction during a de novo review by an ad hoc committee.  If the de novo review of a Preliminary Consideration finds that a Full Consideration is warranted, then the ad hoc committee will proceed with a Full Consideration of the case.  The decision of the Chancellor will be final on such matters.

A Faculty member who holds a tenure appointment as defined in 5.10 may be dismissed only by the Board of Regents for just cause and only after due notice and, if requested by the Faculty member, a hearing.

1. A Faculty member having a probationary appointment as defined in 5.12 may be dismissed prior to the end of the term of appointment only by the Board of Regents for just cause and only after due notice and, if requested by the Faculty member, a hearing.
2. Non-renewal of a probationary appointment is not a dismissal for cause under the provisions of this section.

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

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

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

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

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

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

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

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

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

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

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

1. A member of the Faculty employed on a full time basis who engages in or plans to engage in activities of an extensive, recurring or continuous nature outside of the person’s broad institutional responsibilities during any period of full time employment by the University, shall report in writing the nature and scope of such activities to the Chair of the Faculty member’s department and to the appropriate Dean or Director.  The appropriate Dean or Director will acknowledge receipt in writing, within ten (10) working days of receipt of the report.
2. A member of the Faculty holding an appointment as Provost, Vice Chancellor, or Dean who engages or plans to engage in activities of an extensive, recurring or continuous nature outside the person’s broad institutional responsibilities during any period of full-time employment by the University, shall report in writing the nature and scope of such activities to the Chancellor.

Approval of such activities may be assumed unless the Faculty member is advised of the contrary, in writing, within thirty (30) days by the Dean or Director.  The Dean or Director should consult the Chancellor concerning all cases involving major sums of money, extensive time, or work which is related to matters of public policy and concern.

If the Dean or Director disapproves of such activities, the Faculty member has the right of appeal to the Chancellor.

University facilities, equipment and supplies shall not be used by the Faculty for other purposes than carrying out their institutional responsibilities.  If for any reason a Faculty member deems it essential to use such facilities for personal activities, appropriate arrangements shall be made with the University authorities.

University facilities shall not be used by Faculty members for outside activities of a commercial character without previous arrangements with the appropriate University authorities.

Members of the Faculty who expect to be absent from classes or other regular duties to fulfill outside engagements shall inform the appropriate Dean or Director.  Faculty members shall avoid a concentration of class hours detrimental to effective teaching.

A Faculty member who is on a part-time basis shall be so designated in the budget.  The arrangements made concerning the Faculty member’s duties to the University shall be in writing.

A Faculty member who intends to serve as an expert witness in any civil or criminal case, within or without the state, shall promptly report the nature of the case to the Dean or Director, who shall transmit the information to the Chancellor.

A Faculty member who is asked to serve as adviser or consultant, or in any other capacity, with a public or private agency which grants money or decides policy for grants, shall ascertain if this participation will adversely affect the University’s eligibility for funds from the agency involved, and shall report this information to the Chancellor through the Dean or Director. 

1. No member of the unclassified staff may participate, formally or informally, in the decision to hire, retain, grant tenure to, promote or determine the salary of a member of the unclassified staff member’s immediate family, including domestic partners or others living together as a family.
2. No member of the unclassified staff may give preferential or favored treatment in the supervision or management of a member of the unclassified staff member’s immediate family, including domestic partners or others living together as a family.

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

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

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

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

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

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

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

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

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

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

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

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

Determinations to eliminate positions occupied by probationary Faculty members that are based on programmatic or budgetary grounds constitute de facto personnel determinations of non-renewal.  Such determinations may be made only if prior written notice has been given that such factors may be invoked in a subsequent reappointment or promotion review.  Such determinations may be made by UWM Administrators or by Executive Committees.  Determinations made by UWM Administrators require demonstration that they are warranted by extraordinary circumstances. Determinations made by Executive Committees require demonstration of extraordinary circumstances only if the appointment of the affected probationary Faculty member is in the year in which the initial tenure review must occur or in the year immediately preceding such mandatory review.  The burden of proof for demonstrating that extraordinary circumstances exist shall rest with the Faculty body or administrative officer invoking programmatic or budgetary considerations.  In addition, in all such cases, advice must be sought from the appropriate Faculty body before any determination is made.  This Faculty body is the Academic Planning Committee or equivalent of the college of the Faculty member if the determination is made within that unit (cf. 2.03).  If the action is taken at the university level, the Faculty body is the Academic Program and Curriculum Committee (Chapter 6, A1.2) and/or the Graduate Faculty Committee, according to the role the position plays in undergraduate programs, graduate programs, or both.

1. The procedural rights of probationary Faculty members are presumed to be equally applicable and inviolate under any financial, budgetary, and/or programmatic circumstances.
2. The provisions of 5.50-5.55 will apply only in cases affecting the reappointment, promotion or non-retention of probationary Faculty members where budgetary or programmatic factors may be involved.

Each Faculty member whose position is designated for elimination under 5.50 shall receive prompt written notification, which shall include at least the following:

1. A statement of the bases on which the individual position was selected for elimination, including criteria and supporting data and a description of what alternative actions were considered short of the non-retention of the Faculty member, with the reasons that such alternatives were inappropriate.
2. A statement of the effective date of the proposed action.
3. A copy of 5.50-5.55 and such other information and/or procedural regulations as may be needed to comply with due process standards.
4. If applicable, a summary of the reasons and evidence supporting the declaration of extraordinary circumstances invoked in the determination to eliminate the position for programmatic and/or budgetary reasons.

Notice of the effective date referred to in 5.51(2) above must be in compliance with the notice periods as defined in 5.19.  The effective date cannot occur before the end of the current term of appointment of the Faculty member.

Upon written notification of a determination for the elimination of a position occupied by a probationary Faculty member, the Faculty member may request a reconsideration.  The Faculty member must make such a request within twenty (20) working days of receipt of notification, and may present written statements and other data addressing the reasons, supporting data, and other issues included in the written notification.

Upon receipt of such request from the Faculty member, the responsible Faculty body or administrative officer making the determination to eliminate the position, having provided an opportunity for a conference with the Faculty member involved, shall respond in writing within twenty (20) working days, addressing the issues and evidence presented by the Faculty member, and shall state whether the original determination is to stand or is in some way to be changed.

At any time after notification to the Faculty member of the intent to eliminate their position, but no later than twenty (20) working days after written notification of a determination to eliminate the position or, if reconsideration has been requested, no later than twenty (20) working days after notice that the reconsideration has affirmed the determination to eliminate the position, the Faculty member may present an appeal to the University Committee for referral to the Faculty Appeals and Grievances Committee (Chapter 6, A2.3).  The Faculty Appeals and Grievances Committee may recommend that any action affecting the Faculty member be suspended pending a determination on the appeal.

1. The determination of the Faculty Appeals and Grievances Committee will be based on a committee finding with respect to the criterion that extraordinary circumstances exist which warrant the elimination of the position, and/or with respect to an appeal by the Faculty member concerned that improper factors were involved in the determination to eliminate the position.  “Improper factors” in this section include:
   1. Any of the “improper factors” as specified in 5.18(1) (except (c) (2)).
   2. Available data bearing materially on the role of the Faculty member in the institution were not considered.
2. The Faculty member involved may present written evidence and data relevant to the case.
3. If the Faculty Appeals and Grievances Committee finds that the elimination of the position is not warranted, then its determination shall be that further action not to retain the Faculty member under the provisions of 5.50 may not be taken.
4. If the Faculty Appeals and Grievances Committee finds that the elimination of the position is indeed warranted, then the procedural steps not to retain the Faculty member may continue.
5. The Faculty Appeals and Grievances Committee shall communicate its findings and final determination in writing both to the Faculty member concerned and to the Faculty body or administrative officer making the original determinations.

If a position is eliminated for the reasons and following the procedures of 5.50-5.54, no person other than the person whose position has been eliminated shall be employed at this institution within three (3) years of the termination date of that position to perform duties reasonably comparable to those of the Faculty member whose position has been eliminated and who has as a result been non-retained.

Rules and procedures to be followed in a state of financial emergency are outlined in Wis. Admin. Code, UWS 5.

Recommendations designating which individuals are to be laid off or terminated as a result of financial emergency are made by the Executive Committee of the affected department(s) under the provisions of Wis. Admin. Code, UWS 5.07 and 5.08.  In the event of the declaration of a state of financial emergency the Executive Committee shall draw up a Faculty seniority listing, with seniority determined as of the effective date of the declaration.  For this purpose, seniority within a department or non-departmentalized school or college shall be determined according to the following criteria listed in order of decreasing seniority:

1. Tenured Faculty by rank, beginning with Professor, and within rank, according to length of service in the institution at that rank.  If two or more individuals within the department or non-departmentalized school have identical seniority at that time, then the Executive Committee shall give each a unique seniority placement based on projected program needs at that time (e.g., the need to maintain diversity of specializations, preserve affirmative action, staff unique programs, etc.).  Affected members of the Executive Committee shall not participate in any balloting that occurs.  In the event this results in fewer than two members remaining, placement shall be made jointly with the appropriate Dean.  The Executive Committee may seek the advice of other groups or individuals in formulating its decision.  Placement does not become official until approved by the appropriate Dean.
2. Non-tenured Faculty by rank, beginning with Professor, and within rank according to length of service in the institution at that rank.  If two or more individuals within the department or non-departmentalized school or college have identical seniority at that time, then the Executive Committee shall give each a unique seniority placement based on projected program needs at that time (e.g., the need to maintain diversity of specializations, preserve affirmative action, staff unique programs, etc.).  The Executive Committee may seek the advice of other groups or individuals in formulating its decision.  Placement does not become official until approved by the appropriate Dean.

Length of service at the UWM shall be calculated from the first contractual day of service in the initial academic year semester following the Faculty member’s initial appointment to each rank, except that in the case of an initial appointment with tenure the Dean may, on the recommendation of the Executive Committee, grant additional seniority by counting all or a portion of service elsewhere at the rank granted.  In such case, the letter of appointment shall indicate the terms of the seniority granted.

1. The period of an approved leave of absence is included in determining length of service.
2. If a Faculty member is reappointed after having left the University, the reappointment shall be treated as an initial appointment and previous service in University considered on the same basis as service elsewhere as provided in 5.611.

Faculty on layoff status will be entitled to use University-wide facilities.  Use of the facilities of a college, department, or program will be determined by the Faculty thereof.

Rules and procedures to be followed for program discontinuance are outlined in Wis. Stats. secs. 36.21-36.22 and Regent Policy Document 20-24. A tenured Faculty member may be laid off in the event that educational considerations relating to a program require program discontinuance. Educational considerations may include strategic institutional planning considerations such as long-term student and market demand and societal needs.

A proposal to discontinue a program due to educational considerations that will result in Faculty layoff may be initiated by Faculty in the program, Faculty in the college or school that contains the program, the Faculty Senate, the Dean, the Provost, or the Chancellor. The proposal shall be in writing and shall contain appropriate information and analysis regarding the educational considerations, including programmatic and financial considerations, supporting the proposed program discontinuance. The proposal shall be provided for review to the Faculty in the affected program, to the Faculty Senate, to the Academic Staff shared-governance body, to the University Staff shared-governance body, and other governance bodies at the institution, and to the Chancellor. A proposal to discontinue a program that will not result in Faculty layoff shall follow the standard program review process in place at each institution, and shall not be required to follow the process outlined in this policy.

In addition, in all such cases, advice must be sought from the appropriate Faculty body before any recommendation under 5.66 is made. This Faculty body is the Academic Planning Committee or equivalent of the college of the Faculty member if the proposal originates within the college. The Faculty body is the University Committee if the proposal originates at the University level.

The Faculty committee designated under 5.64 shall review and evaluate any proposal to discontinue a program that will lead to Faculty layoff. The committee’s review and evaluation may be based on the following considerations, where relevant:

1. The centrality of the program to the institution’s mission;
2. The academic strength and quality of the program, and of its Faculty in terms of national ratings if applicable;
3. Whether the work done in the program complements that done in another essential program;
4. Whether the work done in the program duplicates academic instruction and course content delivered in other programs at the institution;
5. Student and market demand and projected enrollment in the subject matter taught in the program;
6. Current and predicted comparative cost analysis/effectiveness of the program; and
7. Other relevant factors that the committee deems appropriate.

The Faculty committee shall request and review comments and recommendations on the proposed program discontinuance from Faculty and Academic and University Staff in the program, Faculty and Academic and University Staff in the affected college or school, students in the program, and other appropriate institutional bodies or individuals. Such comments and recommendations shall be due within 30 days of the Faculty committee’s request, which shall be issued no later than 5 days after receipt of the proposal.

Based on this review and evaluation, the Faculty committee shall prepare a recommendation and report regarding the proposed program discontinuation that shall be shared with the Faculty in the program, the Faculty Senate, the college Dean, the Provost and the Chancellor. The Faculty committee shall provide its recommendation and report to the Chancellor within three months of the date of the Faculty Senate’s receipt of the program discontinuance proposal. The Faculty Senate shall vote on the recommendation from the Faculty committee. The Faculty Senate vote shall occur within four months of the date of the Faculty Senate’s receipt of the program discontinuance proposal. In the event the deadline falls between scheduled Faculty Senate meetings, the Faculty Senate will call a special session.

The Chancellor shall consult with the Faculty committee and the Faculty Senate before making any recommendation to the Board of Regents. It is recognized that the Chancellor should make a recommendation adverse to the recommendations of the Faculty committee or the Faculty Senate with respect to discontinuance of an academic program only for compelling reasons which should be stated in writing and in detail.

If the Chancellor decides to recommend that the Board of Regents approve discontinuance of a program that will result in the layoff of Faculty, the Chancellor shall provide their recommendation to the University of Wisconsin System President and the Board of Regents, accompanied by a report that shall include information demonstrating the educational considerations supporting program discontinuance, any recommendation and report created by the Faculty committee, and a report of any action of the Faculty Senate on the matter. The Chancellor shall provide any such recommendation to the University of Wisconsin System President and the Board of Regents within four months of the date of the Faculty Senate’s receipt of the program discontinuance proposal.

If, after the process outlined in Regent Policy Document 20-24, the Board of Regents approves a program discontinuance, a Faculty member whose position is recommended for layoff shall receive the notification provided in Wis. Stats. s. 36.22(4), and shall be entitled to the notification period provided in Wis. Stats. s. 36.22(5). The Faculty member also shall be entitled to the due process hearing and appeal procedures, reappointment rights and other rights and protections in Wis. Stats. s. 36.22. As provided in Wis. Stats. s. 36.22 (12), institutions shall devote their best efforts to securing alternative appointments for Faculty laid off under this section, and also shall provide financial assistance for readaptation of Faculty laid off under this section where readaptation is feasible.

If the Board of Regents approves discontinuance of a program resulting in Faculty layoffs at a University of Wisconsin System institution under this policy, the tenured Faculty at that institution shall have responsibility for recommending which Faculty will be laid off.  In the case of layoffs of Faculty members due to a budget or program decision requiring a program change, layoffs shall follow seniority unless, per Wis. Stats. sec. 36.22(3)(a), a clear and convincing case is made that program or budget needs dictate other considerations such as the need to maintain diversity of specializations within a department.

In the event of the submission of a proposal for program discontinuance, the Executive Committee of any affected department shall draw up a Faculty seniority listing, with seniority determined as of the submission of the program discontinuance proposal. The Faculty seniority listing shall be completed within 30 days of the Board of Regent’s approval of program discontinuance. For this purpose, seniority within a department or non-departmentalized school or college shall be determined according to the following criteria listed in order of decreasing seniority:

1. Tenured Faculty by rank, beginning with Professor, and within rank, according to length of service in the institution at that rank. If two or more individuals within the department or non-departmentalized school have identical seniority at that time, then the Executive Committee shall give each a unique seniority placement based on projected program needs at that time (e.g., the need to maintain diversity of specializations, affirmative action consistent with state and federal laws, staff unique programs, etc.). Affected members of the Executive Committee shall not participate in any balloting that occurs. In the event this results in fewer than two members remaining, placement shall be made jointly with the appropriate Dean. The Executive Committee may seek the advice of other groups or individuals in formulating its decision. Placement does not become official until approved by the appropriate Dean.
2. Non-tenured Faculty by rank, beginning with Professor, and within rank according to length of service in the institution at that rank. If two or more individuals within the department or non-departmentalized school or college have identical seniority at that time, then the Executive Committee shall give each a unique seniority placement based on projected program needs at that time (e.g., the need to maintain diversity of specializations, affirmative action consistent with state and federal laws, staff unique programs, etc.). The Executive Committee may seek the advice of other groups or individuals in formulating its decision. Placement does not become official until approved by the appropriate Dean.

Length of service at UWM shall be calculated from the first contractual day of service in the initial academic year semester following the Faculty member’s initial appointment to each rank, except that in the case of an initial appointment with tenure the Dean may, on the recommendation of the Executive Committee, grant additional seniority by counting all or a portion of service elsewhere at the rank granted. In such case, the letter of appointment shall indicate the terms of the seniority granted.

1. The period of an approved leave of absence is included in determining length of service.
2. If a Faculty member is reappointed after having left the University, the reappointment shall be treated as an initial appointment and previous service in University considered on the same basis as service elsewhere as provided in 5.611.

A Faculty member who has been notified of layoff is entitled to a hearing before the Faculty hearing committee as to the appropriateness of the decision to lay off that particular individual. The budget or program decisions made to discontinue a program are not subject to review in the hearing.

A hearing must be requested within 20 days of the receipt by the Faculty member of notification of layoff. The request shall state with particularity the grounds to be relied upon in establishing the impropriety of the decision. Relevant information supplementary to that contained in the notification statement may be requested. The question to be considered in the review is whether one or more of the following improper factors entered into the decision to lay off:

1. Conduct, expressions, or beliefs on the Faculty member’s part that are constitutionally protected, or protected by the principles of academic freedom.
2. Factors proscribed by applicable state or federal law regarding fair employment practices.
3. Improper selection of the individual to be laid off.

For purposes of sec. (3), “improper selection” has occurred if material prejudice resulted from any of the following:

1. The procedures required by the Board of Regents were not followed.
2. Available data bearing materially on the role of the Faculty member in the institution were not considered.
3. Unfounded or arbitrary assumptions of fact were made.
4. Immaterial or improper factors other than those improper factors specified above entered into the decision.

The committee shall determine whether one or more of the three improper factors above entered significantly into and affected the layoff decision on the basis of the evidence presented. If the committee believes that one or more improper factors may have entered into the layoff decision but is convinced that the same decision would have been reached had the error or errors not occurred, the committee shall find the layoff decision to have been proper. The committee shall report its findings and recommendations to the Chancellor and the Faculty member.

In the event of a program discontinuance, the Faculty hearing committee shall be the Faculty Appeals and Grievances Committee.

The recommendations of the Chancellor and the recommendations, if any, of the Faculty Appeals and Grievances Committee shall be forwarded to the University of Wisconsin System President and the Board of Regents and acted upon by the Board of Regents in accordance with Wis. Stats. 36.22(9).

Review by the Board of Regents is governed by Wis. Stats. 36.22(9) and 36.22(10).

A Faculty member whose position has been eliminated or reduced in accordance with the provisions of this chapter shall be placed on layoff status and shall so remain until removed according to Wis. Stats. 36.22(11).

A Faculty member designated for layoff or on layoff status shall have the rights provided in Wis. Stats. 36.22(12)-(15), and, in addition, shall have the following rights: Faculty on layoff status will be entitled to use University-wide facilities. Use of the facilities of a school, college, department, or program will be determined by the Faculty thereof.

1. A Faculty standing committee is created, modified, and dissolved by the Faculty or Faculty Senate, performs delegated functions, reports to the Faculty, exists for an indefinite duration, and has a majority of Faculty in its voting membership except as is provided for in the charter of the Athletic Board.
2. Ex-officio means that members of the committee so designated may participate by voice but not vote and may hold office other than Chair.  Ex-officio members may be represented by designees.

Student/Faculty Advisory Committees may be created jointly by the Student Senate and the Faculty to consider matters pertaining to student affairs.  If such committees are created, the Faculty will receive reports of the activity of these committees.

A special committee is an ad hoc body of limited duration created by the Faculty to perform specific tasks.  It has Faculty representation among its membership.

Administrative Committees are those created at the discretion of the Chancellor or an administrative designee of the Chancellor to advise concerning specific administrative tasks and issues and to perform such administrative functions as are delegated by the appointing authority.

Upon formation of an administrative committee its membership and functions shall be reported to the Faculty Senate and included on the Calendar of Faculty Senate meetings under “Automatic Consent Business.”  Administrative committees report to the Chancellor or administrative designee of the Chancellor and may report to the University Faculty.

A search and screen committee is a committee of limited duration which makes nominations for an appointment to a major academic administrative position.  Such committees are appointed by the Chancellor following an opportunity for the Faculty bodies concerned to nominate members and after consultation with the University Committee.  Each search and screen committee shall include Faculty members among its membership.

The membership, composition and functions of Faculty standing committees and student/Faculty advisory committees are specified in a document which supplements the provisions of Chapter 6.  The supplementary document is a compilation of approved Faculty legislation which does not require action beyond UWM Administration.  The document is compiled, maintained, and published by the Secretary of the University.  A copy is distributed annually to each department, school, college and academic Division.

1. Except as otherwise provided, each committee shall keep minutes of its meetings and file them with the Secretary of the University.
2. Each Faculty committee shall report to the Faculty at least annually.  Reports are filed with the Secretary of the University and may be included as “Automatic Consent Business” in a Faculty or Faculty Senate Calendar.  Receipt of a report does not constitute approval of it or any recommendations therein.
3. Recommendations requiring action by the Faculty or Faculty Senate shall be listed separately on the report and such recommendations shall be submitted to the Faculty Senate Rules Committee to be placed on the Calendar of a meeting.  Recommendations shall be accompanied by a written rationale.  The Chair of the committee from which the recommendations originated or a designee shall be present at the Faculty or Faculty Senate Meeting to answer questions.  The motion placing the recommendations before the body shall be made by the Chair of the Rules Committee or a designee.  All reports and recommendations made by a Faculty standing committee to an administrative office shall be submitted simultaneously to the University Committee.

Each committee shall survey annually its composition and functions, and if desirable, make recommendations to the Faculty or officer creating it concerning:  the transfer of some or all of its functions to administrative officers or other committees; its size, membership, and method of selection.

Committees having parallel functions or purposes shall coordinate their functions and policies through conferences among Chairs or otherwise. 

Except as otherwise provided by its appropriate jurisdictional authority, the latest edition of Robert’s Rules of Order is binding on UWM committees.

As provided in 1.02(3), the University Faculty may create, modify, and dissolve standing committees and regulate the operation of such committees.

1. Any Faculty member as defined in 1.01(1)(a), any member of the Academic Staff, any member of the University Staff, and any student may serve as a voting member of committees.  Individual committee charters may authorize additional categories of membership eligibility.
2. Administrative staff members, as defined by 4.04(4), may not serve as voting members on a Faculty standing committee.  Administrative staff members appointed to committee membership serve as ex-officio members unless the individual charter of the committee provides otherwise.
3. Committees may invite individuals to serve as non-voting consultants.
4. The University Faculty, on recommendation of the University Committee, shall designate committees in which plural membership is prohibited. (see FD1087R2)

The Chair’s office shall be held only by a Faculty member, as defined in 1.01(1)(a), who is a voting member of the committee; other committee offices may be held by Faculty members, Academic Staff, University Staff, and student members.

1. Proposals for the creation of additional standing committees or changes in established committees are editorially reviewed by the Codification Committee for clarity and consistency with Faculty rules, prior to their inclusion in calendars of the University Faculty or Faculty Senate.
2. The Secretary of the University is authorized to make editorial revision of UWM Policies and Procedures, subject to Codification Committee review, consistent with changes as finally approved by appropriate authority.

1. Election of Faculty Members
   
   The Nominations Committee presents a slate of nominees for elective committee positions and calls for nominations from the floor of a University Faculty or Faculty Senate meeting.  Only persons who have agreed to serve shall be slated as nominees.  Following completion of the slate of nominees the Secretary of the University is authorized to prepare and distribute an electronic ballot to all Faculty members eligible to vote as defined in 1.01.  Elections are held annually in the second semester of each academic year.  The University Faculty may provide for primary election procedures for certain committees.
2. Student Membership on Faculty Standing Committees
   
   Student membership to those Faculty standing committees on which student membership is prescribed in the charters will be appointed by the Student Association.  Appointments will be for a one-year term.  For the purpose of this section, a student is a person registered for study at UWM during the term of service on a committee.
3. Appointments
   
   Following an election, unless otherwise specified, the Chancellor fills appointive positions on Faculty standing committees from names submitted by the appropriate nominating committee.  At least two (2) nominees must be submitted for each vacant position.
4. Terms of Office
   
   Except as otherwise provided, the terms of office for all elective and appointive positions on standing committees are for three (3) years on a staggered basis.  Except as otherwise provided, terms of office for elected and appointed committee members begin on the first contractual day of the next academic year.
5. Election Results
   
   The Secretary of the University is responsible for the tabulation, publication, and distribution of the results. Ties in elections are decided by lot, under supervision of the Secretary of the University.
6. Vacancies
   
   A vacancy in an elective committee position is filled by the eligible candidate who had the highest number of votes.  The person so designated shall serve up to the first contractual day of the next academic year. If the term of office extends beyond the current academic year, an election for the unexpired term is held at the next regular election.  A vacancy in an appointive committee position is filled by the person or group authorized to make the initial appointment. In the case of appointive Faculty positions, the Chancellor will select appointees from names submitted by the University Committee.  At least two (2) nominees must be submitted for each vacant position.
   1. Faculty Members.  If there is no eligible candidate, a vacancy in a Faculty elected position is filled by an appointee of the University Committee.
   2. Academic Staff Members.  If there is no eligible candidate, a vacancy in an Academic Staff elected position is filled by an appointee of the Academic Staff Committee.
   3. Student Members.  A vacancy in a student position is filled by an appointee of the Student Association.

1. When all Faculty appointments to the committee have been made, the Secretary of the University shall designate a Faculty member of the committee as the person responsible for calling an organizational meeting of the committee during the first four weeks of the academic year.
2. Except as otherwise provided, each committee selects its own Chair, secretary and such other officers as it deems appropriate at its organizational meeting.
3. Officers serve for a one-year term.
4. A quorum of one-half of the voting members is required for the transaction of business at meetings of Faculty committees, except as otherwise may be provided in the UWM Policies and Procedures.
5. For committees composed exclusively of appointed members, the person responsible for convening the organizational meeting is designated by the Chancellor.

1. University Faculty may delegate authority and responsibility to committees, other groups, or administrative officers as provided in 1.02(4).
2. Faculty Standing Committees may carry out the following functions:
   1. Study referred problems or make studies in designated fields and make recommendations for action to UWM Administration.
   2. Study problems and make recommendations for University Faculty action.
   3. Make rules within terms of authority granted by the University Faculty.
   4. Make determination of issues of fact in individual cases where delegated authority has been granted by either Faculty legislation or Faculty regulations.
   5. Establish subcommittees or other subordinate bodies of any membership composition deemed appropriate to a given task, to investigate and report back to the parent committee.
3. Action of any committee which is normally effective without approval by the University Faculty may be reviewed by the University Faculty on appeal of the affected party or parties.

1. Faculty Standing Subcommittee
   
   A Faculty standing committee may establish a standing subcommittee to consider ongoing matters within the general functions of the committee. The membership and functions of the standing subcommittees are expressed in writing and approved by the Faculty Senate.  Standing subcommittees may only include as voting members, Faculty, Academic Staff, University Staff, and student members who are already members of the committee or who are Faculty who have been specifically elected to the standing subcommittee. The Chair of the subcommittee and the majority of the standing subcommittee members must be Faculty members serving on the committee.  A quorum consists of a majority of the total voting Faculty membership of the standing subcommittee.  Recommendations of a subcommittee must be approved by the full committee before being forwarded to the Faculty Senate for further action.
   
   All standing subcommittees must have approved charters and these charters must be on file with the Secretary of the University and be subject to review by the Faculty.
2. Faculty Limited Term Subcommittee
   
   A Faculty standing committee may establish a limited term subcommittee to consider short term or special matters within the general functions of the committee.   Permission must be granted by the University Committee to extend the activities of limited term or special subcommittees beyond one academic year.  The membership and functions of the subcommittees are expressed in writing and approved by majority vote of the committee. Subcommittees may include as voting members, Faculty, Academic Staff, University Staff, and student members not already members of the committee, provided that at least the majority of the voting members of the subcommittee are concurrently voting members of the committee. The Chair of the limited term subcommittee must be a Faculty member serving on the committee. A quorum consists of a majority of the total voting Faculty membership of the limited term subcommittee.  Recommendations of a limited term subcommittee must be approved by the full standing committee before being forwarded to the Faculty Senate for further action.

Student/Faculty advisory committees may be created, modified, or dissolved by joint agreement of the Student Association and the University Faculty or Faculty Senate.

Student/Faculty advisory committee reports and recommendations are to be submitted to the Student Association and to the Faculty or Faculty Senate.  Upon approval of the Student Association and the Faculty or Faculty Senate, reports and recommendations of Student/Faculty committees are forwarded by the Secretary of the University to the Chancellor.

1. Special committees may be created by the Faculty, Faculty Senate or the University Committee.  When such a committee is appointed the action shall be included in the appropriate sections of either the Calendar or Minutes of the Faculty or Faculty Senate meeting next following such appointment.  Such a report shall include:
   1. The specified number of persons on the committee.
   2. The method of establishing the committee.
   3. The method of designating the Chair.
   4. The charge to the special committee and the relation of the committee to existing committees with similar functions.
2. A special committee continues in existence until it has completed its charge, and/or has been discharged by the appointing body. 

Per Section 5.26:

Ref. Section 3.04-3.22.

The Faculty Consultative Committee for Financial Emergencies consults with the Chancellor and represents the Faculty in matters related to a financial emergency. It advises on budget reduction alternatives, potential faculty position eliminations, and consults with affected units. It reports findings to the Faculty Senate, Chancellor, and Board of Regents.

1. Membership. The committee is composed of the following members:
   1. fourteen faculty members, not more than seven of whom shall be from a single college, and not more than one of whom shall be from a single department in a departmentalized school;
      1. one faculty member from each of the following committees:
         1. Academic Program and Curriculum Committee;
         2. Graduate Faculty Committee;
         3. Senate Budget Committee;
         4. University Committee
      2. ten faculty members elected by the faculty of each Division, in proportion to its share of the total faculty.
   2. In the event that a declaration of financial emergency is contemplated, the Chancellor shall notify the Faculty Senate Rules Committee.  The Rules Committee thereupon calls for nominations as the first order of business at the next meeting of the Faculty Senate or University Faculty.  Immediately thereafter, the members are elected by the Faculty in a ballot in accordance with the provisions of 1.01.  As soon as the full membership composed of designated and elected members has been constituted, the Chancellor shall activate the Committee for consultation and advice as provided in UWS 5.05.
2. Functions.
   1. Consults with the Chancellor if at any time a declaration of financial emergency is to be considered.
   2. Represents the Faculty before the Board of Regents in the event that the Board of Regents is considering a declaration of a state of financial emergency for UWM under the provisions of UWS 5.05 and 5.06.
   3. In accordance with criteria established by the Faculty, advises the Chancellor with respect to the following issues in the event that a state of emergency is declared:
      1. Consideration of identifiable alternative methods of budget reduction;
      2. Determination of whether reductions in Faculty positions can be made with less detriment to the institution’s ability to fulfill its mission than would follow from reasonable alternative courses of action;
      3. Determination from which colleges, schools, departments or programs Faculty positions should be eliminated.
   4. Consults with faculties of colleges, schools, departments and programs potentially involved in actions recommended under provisions of a state of financial emergency.
   5. Reports its findings and recommendations to the Faculty Senate, Chancellor and the Board of Regents.

Per Section 5.62:

Per Section 5.44:

Ref. Section 1.05-1.09.