Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB947 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 947
5	5	January 12, 2024 - Introduced by Representatives JOERS, VINING, SINICKI,
6	6	NEUBAUER, BARE, EMERSON, SHELTON, CONSIDINE, PALMERI, CLANCY, SUBECK,
7	7	HONG, J. ANDERSON, MADISON, BILLINGS, OHNSTAD, STUBBS, BALDEH and
8	8	SHANKLAND, cosponsored by Senators HESSELBEIN, ROYS, CARPENTER, LARSON,
9	9	AGARD, SPREITZER and TAYLOR. Referred to Committee on Colleges and
10	10	Universities.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 36.17 (1), 36.19, 36.21, 111.81 (7) (ar) and 111.81 (7) (at); and
13	13	to create 36.13 of the statutes; relating to: faculty tenure and probationary
14	14	appointments at University of Wisconsin System institutions and granting
15	15	rule-making authority.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill restores the tenure and probationary appointment provisions for
18	18	faculty of the University of Wisconsin System that were in effect just prior to
19	19	enactment of the 2015-17 biennial budget act (2015 Act 55).
20	20	Prior to 2015 Act 55, the statutes specifically authorized the Board of Regents
21	21	of the UW System to grant to a ranked faculty member a tenure appointment for an
22	22	unlimited period if certain conditions were met, including that the chancellor of the
23	23	applicable UW institution and, with an exception, the faculty member's academic
24	24	department both affirmatively recommended the tenure appointment. A tenured
25	25	faculty member could be dismissed only for just cause. The statutes also specifically
26	26	authorized the Board of Regents to make faculty probationary appointments for a
27	27	period preceding a decision on tenure. A faculty member having a probationary
28	28	appointment could be dismissed prior to the end of the contract term only for just
29	29	cause.
30	30	This bill restores the tenure and probationary appointment provisions for UW
31	31	System faculty that existed just prior to enactment of 2015 Act 55.
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37	37	ASSEMBLY BILL 947
38	38	For further information see the state fiscal estimate, which will be printed as
39	39	an appendix to this bill.
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 36.13 of the statutes is created to read:
43	43	36.13 Faculty tenure and probationary appointments. (1) DEFINITIONS.
44	44	In this section:
45	45	(a) “Probationary appointment" means an appointment by the board held by
46	46	a faculty member during the period which may precede a decision on a tenure
47	47	appointment.
48	48	(b) “Tenure appointment" means an appointment for an unlimited period
49	49	granted to a ranked faculty member by the board.
50	50	(2) APPOINTMENTS. (a) Except as provided under par. (b), the board may grant
51	51	a tenure appointment only upon the affirmative recommendation of the appropriate
52	52	chancellor and the appropriate academic department or its functional equivalent.
53	53	Neither the chancellor nor the academic department or its functional equivalent may
54	54	base a tenure recommendation upon impermissible factors, as defined by the board
55	55	by rule.
56	56	(b) The board may grant a tenure appointment without the affirmative
57	57	recommendation of the appropriate academic department or its functional
58	58	equivalent if all of the following apply:
59	59	1. The board has the affirmative recommendation of the appropriate
60	60	chancellor.
61	61	2. A faculty committee authorized by the board by rule to review the negative
62	62	recommendation of the academic department or its functional equivalent finds that
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86	86	SECTION 1
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88	88	the decision of the academic department or its functional equivalent was based upon
89	89	impermissible factors, as defined by the board by rule.
90	90	3. The board has the affirmative recommendation of a committee appointed
91	91	according to the policies and procedures of the appropriate institution to review the
92	92	individual's record with reference to criteria for tenure published by the institution
93	93	under procedures established by the board by rule. No person may be appointed to
94	94	the committee under this subdivision unless the person is knowledgeable or
95	95	experienced in the individual's academic field or in a substantially similar academic
96	96	field. No member of the committee appointed under this subdivision may be a
97	97	member of the academic department, or its functional equivalent, that made the
98	98	negative recommendation. The committee appointed under this subdivision may not
99	99	base its tenure recommendation upon impermissible factors, as defined by the board
100	100	by rule.
101	101	(c) A tenure appointment may be granted to any ranked faculty member who
102	102	holds or will hold a half-time appointment or more. The proportion of time provided
103	103	for in the appointment may not be diminished nor increased without the mutual
104	104	consent of the faculty member and the institution subject only to sub. (5) and ss. 36.21
105	105	and 36.22.
106	106	(d) A probationary appointment shall not exceed 7 consecutive academic years
107	107	in a full-time position in an institution. A leave of absence, sabbatical, or a teacher
108	108	improvement assignment does not constitute a break in continuous service and shall
109	109	not be included in the 7-year period. The board may promulgate rules specifying
110	110	additional circumstances that do not constitute a break in continuous service and
111	111	that shall not be included in the 7-year period.
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137	137	SECTION 1 ASSEMBLY BILL 947
138	138	(3) RULES. The board and its several faculties, after consultation with
139	139	appropriate students, shall promulgate rules for tenure and probationary
140	140	appointments, for the review of faculty performance, and for the nonretention and
141	141	dismissal of faculty members. Such rules shall be promulgated under ch. 227.
142	142	(4) CONTINUATION OF APPOINTMENT. (a) Any person who holds a tenure
143	143	appointment under ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on
144	144	July 9, 1974, shall continue to hold tenure as defined under those chapters and
145	145	related rules.
146	146	(b) Any person who holds the equivalent of a probationary appointment under
147	147	ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on July 9, 1974, shall
148	148	continue to enjoy the contractual rights and guarantees as defined under those
149	149	chapters and related rules, and may elect to be considered for tenure according to the
150	150	procedures existing under that appointment or under sub. (2).
151	151	(c) Any person who is not a ranked faculty member on August 15, 1991, and who
152	152	is also described under subd. 1. or 2. shall be treated as a faculty member with the
153	153	rank of associate professor for all purposes:
154	154	1. Any person who held an unranked faculty tenure appointment or unranked
155	155	faculty concurrent tenure appointment under ch. 37, 1971 stats., prior to July 10,
156	156	1974.
157	157	2. Any person who held an unranked probationary appointment under ch. 37,
158	158	1971 stats., prior to July 10, 1974, and who subsequently received an unranked
159	159	faculty tenure appointment or unranked faculty concurrent tenure appointment.
160	160	(5) PROCEDURAL GUARANTEES. Any person having tenure may be dismissed only
161	161	for just cause and only after due notice and hearing. Any person having a
162	162	probationary appointment may be dismissed prior to the end of the person's contract
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190	190	SECTION 1
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192	192	term only for just cause and only after due notice and hearing. The action and
193	193	decision of the board in such matters shall be final, subject to judicial review under
194	194	ch. 227. The board and its several faculties shall develop procedures for the notice
195	195	and hearing that shall be promulgated by rule under ch. 227.
196	196	(6) LIMITATION. Tenure and probationary appointments are in a particular
197	197	institution. A tenure appointment is limited to the institution in which the
198	198	appointment is held.
199	199	SECTION 2. 36.17 (1) of the statutes is amended to read:
200	200	36.17 (1) An appointment to a position listed in sub. (2) shall be a limited
201	201	appointment and the appointment shall be at the pleasure of the board. A faculty
202	202	member who has been granted tenure or a person holding an a tenured or academic
203	203	staff appointment under s. ss. 36.13 and 36.15 shall not lose that appointment by
204	204	accepting a limited appointment.
205	205	SECTION 3. 36.19 of the statutes is amended to read:
206	206	36.19 Other appointments. The board may make or authorize fixed term
207	207	appointments for student assistants and employees in training, such as residents,
208	208	interns, post-doctoral fellows or trainees or associates. Appointments made under
209	209	this section shall not be subject to s. ss. 36.13 and 36.15.
210	210	SECTION 4. 36.21 of the statutes is amended to read:
211	211	36.21 Termination due to certain budget or program changes.
212	212	Notwithstanding s. ss. 36.13 (4) and 36.15, the board may, with appropriate notice,
213	213	terminate any faculty or academic staff appointment when such an action is deemed
214	214	necessary due to a budget or program decision requiring program discontinuance,
215	215	curtailment, modification, or redirection. No person may be employed at the
216	216	institution within 2 years to perform reasonably comparable duties to those of the
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243	243	SECTION 4 ASSEMBLY BILL 947
244	244	person whose appointment was terminated without first offering such person a
245	245	reappointment. The board, after consultation with the faculty and chancellor of each
246	246	institution, shall adopt procedures to be followed in the event of termination of
247	247	academic staff under this section and the board may adopt procedures, consistent
248	248	with s. 36.22, to be followed in the event of termination of faculty under this section
249	249	and s. 36.22.
250	250	SECTION 5. 111.81 (7) (ar) of the statutes is amended to read:
251	251	111.81 (7) (ar) Any employee who is employed by the University of Wisconsin
252	252	System, except an employee who is assigned to the University of
253	253	Wisconsin-Madison, and except faculty, under s. 36.13 and except academic staff
254	254	under s. 36.15.
255	255	SECTION 6. 111.81 (7) (at) of the statutes is amended to read:
256	256	111.81 (7) (at) Any employee who is employed by the University of Wisconsin
257	257	System and assigned to the University of Wisconsin-Madison except faculty under
258	258	s. 36.13 and except academic staff under s. 36.15.
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