1 | 1 | | LRB-1962/1 |
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2 | 2 | | ARG:kms |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 858 |
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5 | 5 | | December 26, 2023 - Introduced by Senators H ESSELBEIN, SMITH, TAYLOR, |
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6 | 6 | | CARPENTER, PFAFF, ROYS, LARSON, AGARD and SPREITZER, cosponsored by |
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7 | 7 | | Representatives JOERS, STUBBS, SINICKI, NEUBAUER, BARE, RATCLIFF, EMERSON, |
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8 | 8 | | SHELTON, JACOBSON, PALMERI, CONSIDINE, SUBECK, CLANCY, HONG, J. ANDERSON, |
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9 | 9 | | MADISON, BILLINGS, OHNSTAD, BALDEH, CONLEY and SHANKLAND. Referred to |
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10 | 10 | | Committee on Universities and Revenue. |
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11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
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12 | 12 | | AN ACT to repeal 36.09 (3m); and to amend 36.09 (4), 36.09 (4m) and 36.09 (5) |
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13 | 13 | | of the statutes; relating to: shared governance at University of Wisconsin |
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14 | 14 | | System institutions. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | This bill modifies statutory provisions relating to shared governance at |
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17 | 17 | | University of Wisconsin System institutions to restore these provisions to their form |
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18 | 18 | | just prior to enactment of the 2015-17 biennial budget act (2015 Wisconsin Act 55). |
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19 | 19 | | Current law, after 2015 Wisconsin Act 55, specifies the division of |
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20 | 20 | | responsibilities at UW System institutions as follows: 1) the chancellors are the |
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21 | 21 | | executive heads and are vested with the responsibility of administering the policies |
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22 | 22 | | of the Board of Regents and, in consultation with the faculty, carrying out other |
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23 | 23 | | policy-related responsibilities such as designing curricula, setting degree |
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24 | 24 | | requirements, determining academic standards, establishing standards for faculty |
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25 | 25 | | appointment and promotion, and administering institutional funds; 2) the faculty of |
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26 | 26 | | each institution has the primary responsibility for advising the chancellor regarding |
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27 | 27 | | academic and educational activities and faculty personnel matters; 3) the academic |
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28 | 28 | | staff of each institution has the primary responsibility for advising the chancellor |
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29 | 29 | | regarding the formulation and review, and must be represented in the development, |
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30 | 30 | | of policies and procedures concerning academic staff, including academic staff |
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31 | 31 | | personnel matters; and 4) the students of each institution have primary |
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32 | 32 | | responsibility for advising the chancellor regarding the formulation and review of |
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33 | 33 | | policies concerning student life, services, and interests. However, this authority of |
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36 | 36 | | 3 - 2 -2023 - 2024 Legislature LRB-1962/1 |
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37 | 37 | | ARG:kms |
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38 | 38 | | SENATE BILL 858 |
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39 | 39 | | the faculty, academic staff, and students is subordinate to the authority of the Board |
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40 | 40 | | of Regents, the UW System president, and the chancellor, and the authority of the |
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41 | 41 | | academic staff and students is further subordinate to the authority of the faculty. |
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42 | 42 | | Although faculty have the right to determine their own organizational structure and |
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43 | 43 | | to select their representatives in institutional governance, they must ensure that |
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44 | 44 | | faculty in academic disciplines related to science, technology, engineering, and |
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45 | 45 | | mathematics, STEM, are adequately represented in the faculty organizational |
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46 | 46 | | structure. |
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47 | 47 | | Before 2015 Wisconsin Act 55, the division of responsibilities applicable to |
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48 | 48 | | faculty, academic staff, and students at UW System institutions was characterized |
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49 | 49 | | as follows: 1) the faculty was vested with responsibility for the immediate |
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50 | 50 | | governance of the institution and had to actively participate in institutional policy |
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51 | 51 | | development, and as such had the primary responsibility for academic and |
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52 | 52 | | educational activities and faculty personnel matters; 2) the academic staff had to be |
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53 | 53 | | active participants in the immediate governance of and policy development for the |
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54 | 54 | | institution and had the primary responsibility for the formulation and review, and |
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55 | 55 | | had to be represented in the development, of all policies and procedures concerning |
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56 | 56 | | academic staff members, including academic staff personnel matters; and 3) the |
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57 | 57 | | students had to be active participants in the immediate governance of and policy |
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58 | 58 | | development for the institution and, as such, had primary responsibility for the |
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59 | 59 | | formulation and review of policies concerning student life, services and interests. |
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60 | 60 | | However, these responsibilities of the faculty, academic staff, and students were |
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61 | 61 | | subject to the responsibilities and powers of the Board of Regents, the UW System |
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62 | 62 | | president, and the chancellor, and the responsibilities of the academic staff and |
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63 | 63 | | students were further subject to the responsibilities of the faculty. In addition, prior |
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64 | 64 | | to 2015 Wisconsin Act 55, there was no statutory requirement that STEM faculty be |
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65 | 65 | | adequately represented in the faculty organizational structure. |
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66 | 66 | | This bill restores provisions relating to shared governance at UW System |
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67 | 67 | | institutions to the form in which they existed just prior to the enactment of 2015 |
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68 | 68 | | Wisconsin Act 55. |
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69 | 69 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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70 | 70 | | enact as follows: |
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71 | 71 | | SECTION 1. 36.09 (3m) of the statutes is repealed. |
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72 | 72 | | SECTION 2. 36.09 (4) of the statutes is amended to read: |
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73 | 73 | | 36.09 (4) FACULTY. The faculty of each institution, subject to the responsibilities |
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74 | 74 | | and powers of the board, the president, and the chancellor of such institution, shall |
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75 | 75 | | be vested with responsibility for the immediate governance of such institution and |
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76 | 76 | | shall actively participate in institutional policy development. As such, the faculty |
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82 | 82 | | 6 - 3 -2023 - 2024 Legislature |
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83 | 83 | | LRB-1962/1 |
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84 | 84 | | ARG:kms |
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85 | 85 | | SECTION 2 |
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86 | 86 | | SENATE BILL 858 |
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87 | 87 | | shall have the primary responsibility for advising the chancellor regarding academic |
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88 | 88 | | and educational activities and faculty personnel matters. The faculty of each |
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89 | 89 | | institution shall have the right to determine their own faculty organizational |
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90 | 90 | | structure and to select representatives to participate in institutional governance, |
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91 | 91 | | except that the faculty of each institution shall ensure that faculty in academic |
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92 | 92 | | disciplines related to science, technology, engineering, and mathematics are |
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93 | 93 | | adequately represented in the faculty organizational structure. |
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94 | 94 | | SECTION 3. 36.09 (4m) of the statutes is amended to read: |
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95 | 95 | | 36.09 (4m) ACADEMIC STAFF. The academic staff members of each institution, |
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96 | 96 | | subject to the responsibilities and powers of the board, the president, the chancellor, |
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97 | 97 | | and the faculty of the institution, shall be active participants in the immediate |
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98 | 98 | | governance of and policy development for the institution. The academic staff |
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99 | 99 | | members have the primary responsibility for advising the chancellor regarding the |
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100 | 100 | | formulation and review, and shall be represented in the development, of all policies |
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101 | 101 | | and procedures concerning academic staff members, including academic staff |
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102 | 102 | | personnel matters. The academic staff members of each institution shall have the |
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103 | 103 | | right to organize themselves in a manner they determine and to select their |
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104 | 104 | | representatives to participate in institutional governance. |
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105 | 105 | | SECTION 4. 36.09 (5) of the statutes is amended to read: |
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106 | 106 | | 36.09 (5) STUDENTS. The students of each institution or campus subject to the |
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107 | 107 | | responsibilities and powers of the board, the president, the chancellor, and the |
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108 | 108 | | faculty shall be active participants in the immediate governance of and policy |
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109 | 109 | | development for such institutions. As such, students shall have primary |
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110 | 110 | | responsibility for advising the chancellor regarding the formulation and review of |
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111 | 111 | | policies concerning student life, services, and interests. Students in consultation |
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136 | 136 | | 25 - 4 -2023 - 2024 Legislature LRB-1962/1 |
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137 | 137 | | ARG:kms |
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138 | 138 | | SECTION 4 SENATE BILL 858 |
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139 | 139 | | with the chancellor and subject to the final confirmation of the board shall have the |
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140 | 140 | | responsibility for the disposition of those student fees which constitute substantial |
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141 | 141 | | support for campus student activities. The students of each institution or campus |
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142 | 142 | | shall have the right to organize themselves in a manner they determine and to select |
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143 | 143 | | their representatives to participate in institutional governance. |
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144 | 144 | | (END) |
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