LRB-1963/1
ARG:cdc
2023 - 2024 LEGISLATURE
2023 SENATE BILL 857
December 26, 2023 - Introduced by Senators HESSELBEIN, ROYS, CARPENTER,
LARSON, AGARD, SPREITZER and TAYLOR, cosponsored by Representatives JOERS,
VINING, SINICKI, NEUBAUER, BARE, EMERSON, SHELTON, CONSIDINE, PALMERI,
CLANCY, SUBECK, HONG, J. ANDERSON, MADISON, BILLINGS, OHNSTAD, STUBBS,
BALDEH and SHANKLAND. Referred to Committee on Universities and Revenue.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 36.17 (1), 36.19, 36.21, 111.81 (7) (ar) and 111.81 (7) (at); and
to create 36.13 of the statutes; relating to: faculty tenure and probationary
appointments at University of Wisconsin System institutions and granting
rule-making authority.
Analysis by the Legislative Reference Bureau
This bill restores the tenure and probationary appointment provisions for
faculty of the University of Wisconsin System that were in effect just prior to
enactment of the 2015-17 biennial budget act (2015 Act 55).
Prior to 2015 Act 55, the statutes specifically authorized the Board of Regents
of the UW System to grant to a ranked faculty member a tenure appointment for an
unlimited period if certain conditions were met, including that the chancellor of the
applicable UW institution and, with an exception, the faculty member's academic
department both affirmatively recommended the tenure appointment. A tenured
faculty member could be dismissed only for just cause. The statutes also specifically
authorized the Board of Regents to make faculty probationary appointments for a
period preceding a decision on tenure. A faculty member having a probationary
appointment could be dismissed prior to the end of the contract term only for just
cause.
This bill restores the tenure and probationary appointment provisions for UW
System faculty that existed just prior to enactment of 2015 Act 55.
1
2
3
4 - 2 -2023 - 2024 Legislature LRB-1963/1
ARG:cdc
SENATE BILL 857
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 36.13 of the statutes is created to read:
36.13 Faculty tenure and probationary appointments. (1) DEFINITIONS.
In this section:
(a) “Probationary appointment" means an appointment by the board held by
a faculty member during the period which may precede a decision on a tenure
appointment.
(b) “Tenure appointment" means an appointment for an unlimited period
granted to a ranked faculty member by the board.
(2) APPOINTMENTS. (a) Except as provided under par. (b), the board may grant
a tenure appointment only upon the affirmative recommendation of the appropriate
chancellor and the appropriate academic department or its functional equivalent.
Neither the chancellor nor the academic department or its functional equivalent may
base a tenure recommendation upon impermissible factors, as defined by the board
by rule.
(b) The board may grant a tenure appointment without the affirmative
recommendation of the appropriate academic department or its functional
equivalent if all of the following apply:
1. The board has the affirmative recommendation of the appropriate
chancellor.
2. A faculty committee authorized by the board by rule to review the negative
recommendation of the academic department or its functional equivalent finds that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 - 3 -2023 - 2024 Legislature
LRB-1963/1
ARG:cdc
SECTION 1
SENATE BILL 857
the decision of the academic department or its functional equivalent was based upon
impermissible factors, as defined by the board by rule.
3. The board has the affirmative recommendation of a committee appointed
according to the policies and procedures of the appropriate institution to review the
individual's record with reference to criteria for tenure published by the institution
under procedures established by the board by rule. No person may be appointed to
the committee under this subdivision unless the person is knowledgeable or
experienced in the individual's academic field or in a substantially similar academic
field. No member of the committee appointed under this subdivision may be a
member of the academic department, or its functional equivalent, that made the
negative recommendation. The committee appointed under this subdivision may not
base its tenure recommendation upon impermissible factors, as defined by the board
by rule.
(c) A tenure appointment may be granted to any ranked faculty member who
holds or will hold a half-time appointment or more. The proportion of time provided
for in the appointment may not be diminished nor increased without the mutual
consent of the faculty member and the institution subject only to sub. (5) and ss. 36.21
and 36.22.
(d) A probationary appointment shall not exceed 7 consecutive academic years
in a full-time position in an institution. A leave of absence, sabbatical, or a teacher
improvement assignment does not constitute a break in continuous service and shall
not be included in the 7-year period. The board may promulgate rules specifying
additional circumstances that do not constitute a break in continuous service and
that shall not be included in the 7-year period.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 4 -2023 - 2024 Legislature LRB-1963/1
ARG:cdc
SECTION 1 SENATE BILL 857
(3) RULES. The board and its several faculties, after consultation with
appropriate students, shall promulgate rules for tenure and probationary
appointments, for the review of faculty performance, and for the nonretention and
dismissal of faculty members. Such rules shall be promulgated under ch. 227.
(4) CONTINUATION OF APPOINTMENT. (a) Any person who holds a tenure
appointment under ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on
July 9, 1974, shall continue to hold tenure as defined under those chapters and
related rules.
(b) Any person who holds the equivalent of a probationary appointment under
ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on July 9, 1974, shall
continue to enjoy the contractual rights and guarantees as defined under those
chapters and related rules, and may elect to be considered for tenure according to the
procedures existing under that appointment or under sub. (2).
(c) Any person who is not a ranked faculty member on August 15, 1991, and who
is also described under subd. 1. or 2. shall be treated as a faculty member with the
rank of associate professor for all purposes:
1. Any person who held an unranked faculty tenure appointment or unranked
faculty concurrent tenure appointment under ch. 37, 1971 stats., prior to July 10,
1974.
2. Any person who held an unranked probationary appointment under ch. 37,
1971 stats., prior to July 10, 1974, and who subsequently received an unranked
faculty tenure appointment or unranked faculty concurrent tenure appointment.
(5) PROCEDURAL GUARANTEES. Any person having tenure may be dismissed only
for just cause and only after due notice and hearing. Any person having a
probationary appointment may be dismissed prior to the end of the person's contract
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 5 -2023 - 2024 Legislature
LRB-1963/1
ARG:cdc
SECTION 1
SENATE BILL 857
term only for just cause and only after due notice and hearing. The action and
decision of the board in such matters shall be final, subject to judicial review under
ch. 227. The board and its several faculties shall develop procedures for the notice
and hearing that shall be promulgated by rule under ch. 227.
(6) LIMITATION. Tenure and probationary appointments are in a particular
institution. A tenure appointment is limited to the institution in which the
appointment is held.
SECTION 2. 36.17 (1) of the statutes is amended to read:
36.17 (1) An appointment to a position listed in sub. (2) shall be a limited
appointment and the appointment shall be at the pleasure of the board. A faculty
member who has been granted tenure or a person holding an a tenured or academic
staff appointment under s. ss. 36.13 and 36.15 shall not lose that appointment by
accepting a limited appointment.
SECTION 3. 36.19 of the statutes is amended to read:
36.19 Other appointments. The board may make or authorize fixed term
appointments for student assistants and employees in training, such as residents,
interns, post-doctoral fellows or trainees or associates. Appointments made under
this section shall not be subject to s. ss. 36.13 and 36.15.
SECTION 4. 36.21 of the statutes is amended to read:
36.21 Termination due to certain budget or program changes.
Notwithstanding s. ss. 36.13 (4) and 36.15, the board may, with appropriate notice,
terminate any faculty or academic staff appointment when such an action is deemed
necessary due to a budget or program decision requiring program discontinuance,
curtailment, modification, or redirection. No person may be employed at the
institution within 2 years to perform reasonably comparable duties to those of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 6 -2023 - 2024 Legislature LRB-1963/1
ARG:cdc
SECTION 4 SENATE BILL 857
person whose appointment was terminated without first offering such person a
reappointment. The board, after consultation with the faculty and chancellor of each
institution, shall adopt procedures to be followed in the event of termination of
academic staff under this section and the board may adopt procedures, consistent
with s. 36.22, to be followed in the event of termination of faculty under this section
and s. 36.22.
SECTION 5. 111.81 (7) (ar) of the statutes is amended to read:
111.81 (7) (ar) Any employee who is employed by the University of Wisconsin
System, except an employee who is assigned to the University of
Wisconsin-Madison, and except faculty, under s. 36.13 and except academic staff
under s. 36.15.
SECTION 6. 111.81 (7) (at) of the statutes is amended to read:
111.81 (7) (at) Any employee who is employed by the University of Wisconsin
System and assigned to the University of Wisconsin-Madison except faculty under
s. 36.13 and except academic staff under s. 36.15.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16