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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 949
January 12, 2024 - Introduced by Representatives JOERS, STUBBS, SINICKI,
NEUBAUER, BARE, RATCLIFF, EMERSON, SHELTON, JACOBSON, PALMERI,
CONSIDINE, SUBECK, CLANCY, HONG, J. ANDERSON, MADISON, BILLINGS, OHNSTAD,
BALDEH, CONLEY and SHANKLAND, cosponsored by Senators HESSELBEIN,
SMITH, TAYLOR, CARPENTER, PFAFF, ROYS, LARSON, AGARD and SPREITZER.
Referred to Committee on Colleges and Universities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 36.09 (3m); and to amend 36.09 (4), 36.09 (4m) and 36.09 (5)
of the statutes; relating to: shared governance at University of Wisconsin
System institutions.
Analysis by the Legislative Reference Bureau
This bill modifies statutory provisions relating to shared governance at
University of Wisconsin System institutions to restore these provisions to their form
just prior to enactment of the 2015-17 biennial budget act (2015 Wisconsin Act 55).
Current law, after 2015 Wisconsin Act 55, specifies the division of
responsibilities at UW System institutions as follows: 1) the chancellors are the
executive heads and are vested with the responsibility of administering the policies
of the Board of Regents and, in consultation with the faculty, carrying out other
policy-related responsibilities such as designing curricula, setting degree
requirements, determining academic standards, establishing standards for faculty
appointment and promotion, and administering institutional funds; 2) the faculty of
each institution has the primary responsibility for advising the chancellor regarding
academic and educational activities and faculty personnel matters; 3) the academic
staff of each institution has the primary responsibility for advising the chancellor
regarding the formulation and review, and must be represented in the development,
of policies and procedures concerning academic staff, including academic staff
personnel matters; and 4) the students of each institution have primary
responsibility for advising the chancellor regarding the formulation and review of
policies concerning student life, services, and interests. However, this authority of
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the faculty, academic staff, and students is subordinate to the authority of the Board
of Regents, the UW System president, and the chancellor, and the authority of the
academic staff and students is further subordinate to the authority of the faculty.
Although faculty have the right to determine their own organizational structure and
to select their representatives in institutional governance, they must ensure that
faculty in academic disciplines related to science, technology, engineering, and
mathematics, STEM, are adequately represented in the faculty organizational
structure.
Before 2015 Wisconsin Act 55, the division of responsibilities applicable to
faculty, academic staff, and students at UW System institutions was characterized
as follows: 1) the faculty was vested with responsibility for the immediate
governance of the institution and had to actively participate in institutional policy
development, and as such had the primary responsibility for academic and
educational activities and faculty personnel matters; 2) the academic staff had to be
active participants in the immediate governance of and policy development for the
institution and had the primary responsibility for the formulation and review, and
had to be represented in the development, of all policies and procedures concerning
academic staff members, including academic staff personnel matters; and 3) the
students had to be active participants in the immediate governance of and policy
development for the institution and, as such, had primary responsibility for the
formulation and review of policies concerning student life, services and interests.
However, these responsibilities of the faculty, academic staff, and students were
subject to the responsibilities and powers of the Board of Regents, the UW System
president, and the chancellor, and the responsibilities of the academic staff and
students were further subject to the responsibilities of the faculty. In addition, prior
to 2015 Wisconsin Act 55, there was no statutory requirement that STEM faculty be
adequately represented in the faculty organizational structure.
This bill restores provisions relating to shared governance at UW System
institutions to the form in which they existed just prior to the enactment of 2015
Wisconsin Act 55.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 36.09 (3m) of the statutes is repealed.
SECTION 2. 36.09 (4) of the statutes is amended to read:
36.09 (4) FACULTY. The faculty of each institution, subject to the responsibilities
and powers of the board, the president, and the chancellor of such institution, shall
be vested with responsibility for the immediate governance of such institution and
shall actively participate in institutional policy development. As such, the faculty
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shall have the primary responsibility for advising the chancellor regarding academic
and educational activities and faculty personnel matters. The faculty of each
institution shall have the right to determine their own faculty organizational
structure and to select representatives to participate in institutional governance,
except that the faculty of each institution shall ensure that faculty in academic
disciplines related to science, technology, engineering, and mathematics are
adequately represented in the faculty organizational structure.
SECTION 3. 36.09 (4m) of the statutes is amended to read:
36.09 (4m) ACADEMIC STAFF. The academic staff members of each institution,
subject to the responsibilities and powers of the board, the president, the chancellor,
and the faculty of the institution, shall be active participants in the immediate
governance of and policy development for the institution. The academic staff
members have the primary responsibility for advising the chancellor regarding the
formulation and review, and shall be represented in the development, of all policies
and procedures concerning academic staff members, including academic staff
personnel matters. The academic staff members of each institution shall have the
right to organize themselves in a manner they determine and to select their
representatives to participate in institutional governance.
SECTION 4. 36.09 (5) of the statutes is amended to read:
36.09 (5) STUDENTS. The students of each institution or campus subject to the
responsibilities and powers of the board, the president, the chancellor, and the
faculty shall be active participants in the immediate governance of and policy
development for such institutions. As such, students shall have primary
responsibility for advising the chancellor regarding the formulation and review of
policies concerning student life, services, and interests. Students in consultation
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with the chancellor and subject to the final confirmation of the board shall have the
responsibility for the disposition of those student fees which constitute substantial
support for campus student activities. The students of each institution or campus
shall have the right to organize themselves in a manner they determine and to select
their representatives to participate in institutional governance.
(END)
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