Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB857 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 SENATE BILL 857
5	5	December 26, 2023 - Introduced by Senators HESSELBEIN, ROYS, CARPENTER,
6	6	LARSON, AGARD, SPREITZER and TAYLOR, cosponsored by Representatives JOERS,
7	7	VINING, SINICKI, NEUBAUER, BARE, EMERSON, SHELTON, CONSIDINE, PALMERI,
8	8	CLANCY, SUBECK, HONG, J. ANDERSON, MADISON, BILLINGS, OHNSTAD, STUBBS,
9	9	BALDEH and SHANKLAND. Referred to Committee on Universities and Revenue.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 36.17 (1), 36.19, 36.21, 111.81 (7) (ar) and 111.81 (7) (at); and
12	12	to create 36.13 of the statutes; relating to: faculty tenure and probationary
13	13	appointments at University of Wisconsin System institutions and granting
14	14	rule-making authority.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill restores the tenure and probationary appointment provisions for
17	17	faculty of the University of Wisconsin System that were in effect just prior to
18	18	enactment of the 2015-17 biennial budget act (2015 Act 55).
19	19	Prior to 2015 Act 55, the statutes specifically authorized the Board of Regents
20	20	of the UW System to grant to a ranked faculty member a tenure appointment for an
21	21	unlimited period if certain conditions were met, including that the chancellor of the
22	22	applicable UW institution and, with an exception, the faculty member's academic
23	23	department both affirmatively recommended the tenure appointment. A tenured
24	24	faculty member could be dismissed only for just cause. The statutes also specifically
25	25	authorized the Board of Regents to make faculty probationary appointments for a
26	26	period preceding a decision on tenure. A faculty member having a probationary
27	27	appointment could be dismissed prior to the end of the contract term only for just
28	28	cause.
29	29	This bill restores the tenure and probationary appointment provisions for UW
30	30	System faculty that existed just prior to enactment of 2015 Act 55.
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36	36	SENATE BILL 857
37	37	For further information see the state fiscal estimate, which will be printed as
38	38	an appendix to this bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 36.13 of the statutes is created to read:
42	42	36.13 Faculty tenure and probationary appointments. (1) DEFINITIONS.
43	43	In this section:
44	44	(a) “Probationary appointment" means an appointment by the board held by
45	45	a faculty member during the period which may precede a decision on a tenure
46	46	appointment.
47	47	(b) “Tenure appointment" means an appointment for an unlimited period
48	48	granted to a ranked faculty member by the board.
49	49	(2) APPOINTMENTS. (a) Except as provided under par. (b), the board may grant
50	50	a tenure appointment only upon the affirmative recommendation of the appropriate
51	51	chancellor and the appropriate academic department or its functional equivalent.
52	52	Neither the chancellor nor the academic department or its functional equivalent may
53	53	base a tenure recommendation upon impermissible factors, as defined by the board
54	54	by rule.
55	55	(b) The board may grant a tenure appointment without the affirmative
56	56	recommendation of the appropriate academic department or its functional
57	57	equivalent if all of the following apply:
58	58	1. The board has the affirmative recommendation of the appropriate
59	59	chancellor.
60	60	2. A faculty committee authorized by the board by rule to review the negative
61	61	recommendation of the academic department or its functional equivalent finds that
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85	85	SECTION 1
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87	87	the decision of the academic department or its functional equivalent was based upon
88	88	impermissible factors, as defined by the board by rule.
89	89	3. The board has the affirmative recommendation of a committee appointed
90	90	according to the policies and procedures of the appropriate institution to review the
91	91	individual's record with reference to criteria for tenure published by the institution
92	92	under procedures established by the board by rule. No person may be appointed to
93	93	the committee under this subdivision unless the person is knowledgeable or
94	94	experienced in the individual's academic field or in a substantially similar academic
95	95	field. No member of the committee appointed under this subdivision may be a
96	96	member of the academic department, or its functional equivalent, that made the
97	97	negative recommendation. The committee appointed under this subdivision may not
98	98	base its tenure recommendation upon impermissible factors, as defined by the board
99	99	by rule.
100	100	(c) A tenure appointment may be granted to any ranked faculty member who
101	101	holds or will hold a half-time appointment or more. The proportion of time provided
102	102	for in the appointment may not be diminished nor increased without the mutual
103	103	consent of the faculty member and the institution subject only to sub. (5) and ss. 36.21
104	104	and 36.22.
105	105	(d) A probationary appointment shall not exceed 7 consecutive academic years
106	106	in a full-time position in an institution. A leave of absence, sabbatical, or a teacher
107	107	improvement assignment does not constitute a break in continuous service and shall
108	108	not be included in the 7-year period. The board may promulgate rules specifying
109	109	additional circumstances that do not constitute a break in continuous service and
110	110	that shall not be included in the 7-year period.
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136	136	SECTION 1 SENATE BILL 857
137	137	(3) RULES. The board and its several faculties, after consultation with
138	138	appropriate students, shall promulgate rules for tenure and probationary
139	139	appointments, for the review of faculty performance, and for the nonretention and
140	140	dismissal of faculty members. Such rules shall be promulgated under ch. 227.
141	141	(4) CONTINUATION OF APPOINTMENT. (a) Any person who holds a tenure
142	142	appointment under ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on
143	143	July 9, 1974, shall continue to hold tenure as defined under those chapters and
144	144	related rules.
145	145	(b) Any person who holds the equivalent of a probationary appointment under
146	146	ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on July 9, 1974, shall
147	147	continue to enjoy the contractual rights and guarantees as defined under those
148	148	chapters and related rules, and may elect to be considered for tenure according to the
149	149	procedures existing under that appointment or under sub. (2).
150	150	(c) Any person who is not a ranked faculty member on August 15, 1991, and who
151	151	is also described under subd. 1. or 2. shall be treated as a faculty member with the
152	152	rank of associate professor for all purposes:
153	153	1. Any person who held an unranked faculty tenure appointment or unranked
154	154	faculty concurrent tenure appointment under ch. 37, 1971 stats., prior to July 10,
155	155	1974.
156	156	2. Any person who held an unranked probationary appointment under ch. 37,
157	157	1971 stats., prior to July 10, 1974, and who subsequently received an unranked
158	158	faculty tenure appointment or unranked faculty concurrent tenure appointment.
159	159	(5) PROCEDURAL GUARANTEES. Any person having tenure may be dismissed only
160	160	for just cause and only after due notice and hearing. Any person having a
161	161	probationary appointment may be dismissed prior to the end of the person's contract
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189	189	SECTION 1
190	190	SENATE BILL 857
191	191	term only for just cause and only after due notice and hearing. The action and
192	192	decision of the board in such matters shall be final, subject to judicial review under
193	193	ch. 227. The board and its several faculties shall develop procedures for the notice
194	194	and hearing that shall be promulgated by rule under ch. 227.
195	195	(6) LIMITATION. Tenure and probationary appointments are in a particular
196	196	institution. A tenure appointment is limited to the institution in which the
197	197	appointment is held.
198	198	SECTION 2. 36.17 (1) of the statutes is amended to read:
199	199	36.17 (1) An appointment to a position listed in sub. (2) shall be a limited
200	200	appointment and the appointment shall be at the pleasure of the board. A faculty
201	201	member who has been granted tenure or a person holding an a tenured or academic
202	202	staff appointment under s. ss. 36.13 and 36.15 shall not lose that appointment by
203	203	accepting a limited appointment.
204	204	SECTION 3. 36.19 of the statutes is amended to read:
205	205	36.19 Other appointments. The board may make or authorize fixed term
206	206	appointments for student assistants and employees in training, such as residents,
207	207	interns, post-doctoral fellows or trainees or associates. Appointments made under
208	208	this section shall not be subject to s. ss. 36.13 and 36.15.
209	209	SECTION 4. 36.21 of the statutes is amended to read:
210	210	36.21 Termination due to certain budget or program changes.
211	211	Notwithstanding s. ss. 36.13 (4) and 36.15, the board may, with appropriate notice,
212	212	terminate any faculty or academic staff appointment when such an action is deemed
213	213	necessary due to a budget or program decision requiring program discontinuance,
214	214	curtailment, modification, or redirection. No person may be employed at the
215	215	institution within 2 years to perform reasonably comparable duties to those of the
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242	242	SECTION 4 SENATE BILL 857
243	243	person whose appointment was terminated without first offering such person a
244	244	reappointment. The board, after consultation with the faculty and chancellor of each
245	245	institution, shall adopt procedures to be followed in the event of termination of
246	246	academic staff under this section and the board may adopt procedures, consistent
247	247	with s. 36.22, to be followed in the event of termination of faculty under this section
248	248	and s. 36.22.
249	249	SECTION 5. 111.81 (7) (ar) of the statutes is amended to read:
250	250	111.81 (7) (ar) Any employee who is employed by the University of Wisconsin
251	251	System, except an employee who is assigned to the University of
252	252	Wisconsin-Madison, and except faculty, under s. 36.13 and except academic staff
253	253	under s. 36.15.
254	254	SECTION 6. 111.81 (7) (at) of the statutes is amended to read:
255	255	111.81 (7) (at) Any employee who is employed by the University of Wisconsin
256	256	System and assigned to the University of Wisconsin-Madison except faculty under
257	257	s. 36.13 and except academic staff under s. 36.15.
258	258	(END)
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