EXPLANATIONS OF PROPOSED CHANGES IN A.S.P.P.

1.03 Definitions

& 1 Imports language from Rules of the Board of Regents (UWS).

& 2 Adds definition of a heretofore undefined term.

& 3 Explains that funding loss decisions are made outside the University.

& 4 Clarifies the definition as it relates to indefinite appointments, which usually do not change.

& 5 Explains that a semester or an academic year counts as a year of service when determining required notice periods.

2.02: Allows departments to offer only the web addresses of these lengthy documents.

3.06 Reorganizes the section for clarity and consistency with ASPP Chapter 5.05; no new language added.

3.07, 4.03, 5.06.8, and 6.03.3.a.ii: Specifies that the employee selects the representative(s).

3.08 Allows joinder for nonrenewals as well as layoffs.

5.01 Refers the reader to the definitions of terms.

5.05 Separates the basis of appeals from the appeals process and imports some language from ASPP Chapter 3.06 for consistency.

5.06 Renumbers the subchapter.

5.07 Renumbers the subchapter.

5.08 Renumbers the subchapter and removes the extraneous word Apurely.@

5.09 Renumbers the subchapter and uses the correct term Areferral priority.@

6.03 Allows for a delay in scheduling the personal presentation.

7.01 Recognizes the new Ombuds Office.

10.03 Suggests that academic staff with supervisory roles be reviewed as supervisors.

PROPOSED CHANGES IN ACADEMIC STAFF POLICIES AND PROCEDURES

(2-19-04)

1.03 Definitions

ABudget or Program Decision@ refers to the reallocation or termination of resources by a University management decision that requires a program to be discontinued, curtailed, modified, or redirected and that may result in staffing reductions in a program or operational area. This is distinct from funding loss (see definition below), which is the result of a decision made beyond the control of management.

AEmploying Unit@ is the organizational area, such as a school, college, division, or smaller unit, having the personnel and budgetary responsibility for a position.

AFunding Loss@ is unanticipated cancellation or reduction of a contract or grant (usually from an external agency) or an unanticipated decline in an income account supporting a particular activity. Funding loss results from a decision neither made by nor within the control of University management.

AOperational Area@ is the organizational level, such as college, division, department or smaller unit, specified in the letter of appointment as having responsibility for supporting a position in cases of layoff or changes in indefinite appointments.

AYears of Service@ is continuous years of paid UW-Madison academic staff employment without regard to percent of employment. A leave of absence of any length or a break in academic staff service of three years or less will not result in loss of prior years= employment credit. For purposes of determining the required notice periods, an appointment of one or both semesters of an academic year shall count as one year of service.

2.02 Letters of Appointment

Upon initial appointment, each academic staff member shall be provided a printed copy of and/or the Web address for University of Wisconsin-Madison Academic Staff Policies and Procedures and the Rules of the Board of Regents of the University of Wisconsin System, s. UWS 8-13, 15, 18, 19, and 21, Wisconsin Administrative Code.

3.06 Basis Right of Appeal

Nonrenewal decisions may be appealed when nonrenewal is alleged to be arbitrary, capricious, for reasons prohibited by law, or in violation of ASPP when the alleged violation influences the decision under review. An arbitrary or capricious nonrenewal decision is one that was made without a basis in fact or for inconsequential or unsubstantial reasons when the needs of the program had not changed, funds for the position were available, and performance was satisfactory. In carrying out its mission and goals, the university retains the right to determine the direction and scope of its programsCincluding the right to reduce staff levels through nonrenewal because of a funding loss or a budget or program decision that requires a program to be discontinued, curtailed, modified or redirected. However, tThe academic staff member has the right to appeal when the staff member believes that his or her performance was satisfactory, or that the nonrenewal is not actually because of a budget or program decision or a result of a funding loss or a budget or program decision, when he or she believes that another academic staff member should have been nonrenewed instead, or that the nonrenewal is arbitrary, capricious, for reasons prohibited by law, or in violation of ASPP when the alleged violation influences the decision under review. An arbitrary or capricious nonrenewal decision is one that was made without a basis in fact or for inconsequential or unsubstantial reasons when the needs of the program had not changed, funds for the position were available, and performance was satisfactory. An academic staff member does not otherwise have the right to appeal the substance of a budget or program decision. A pending appeal of the nonrenewal decision does not in and of itself extend the appointment.

3.07 Appeal Process for Nonrenewals

7. Representation. The presence of a representative or other third party designated by the employee is permitted at any stage during the appeal process.

3.08 Joinder of Nonrenewal Appeals

If the nonrenewal of two or more members of the academic staff arises from the same or similar situation in a single operational area, the academic staff members who appeal or the dean or director may request joinder of cases for review. The Academic Staff Appeals Committee shall consider joinder before taking up the merits of any case. In addition, the Academic Staff Appeals Committee may join the cases on its own motion.

4.03 Appeal of Nonretention

7. Representation. The presence of a representative or other third party designated by the employee is permitted at any stage during the appeal process.

5.01 Layoff Defined

Layoff is defined as the termination of an academic staff member=s employment because of a funding loss or a budget or program decision (see ASPP 1.03) either prior to the end of the appointment or when proper notice of nonrenewal under ASPP 3.04 cannot be given. If proper notice of nonrenewal has been given, the provisions of this chapter do not apply. Layoff is neither dismissal for cause (ASPP 6) nor nonretention of a probationary appointee (ASPP 4).

5.05 Basis of Appeal Process for Layoffs

1. Basis of Appeal. In carrying out its mission and goals, the university retains the right to determine the direction and scope of its programsCincluding the right to reduce staff levels through layoff because of a funding loss or a budget or program decision that requires a program to be discontinued, curtailed, modified or redirected. However, the academic staff member has the right to appeal when the staff member believes that the layoff is not actually a result of a funding loss or a budget or program decision, when he or she believes that another academic staff member should have been laid off instead, or when the layoff is arbitrary, capricious, for reasons prohibited by law, or in violation of ASPP when the alleged violation influences the decision under review. An arbitrary or capricious layoff decision is one that was made without a basis in fact or for inconsequential or unsubstantial reasons when the needs of the program had not changed, funds for the position were available, and performance was satisfactory. An academic staff member does not otherwise have the right to appeal the substance of a budget or program decision. A pending appeal of the layoff decision does not in and of itself extend the appointment.

5.065.05 Appeal Process for Layoffs

12. Request for Review by the Dean or Director.

23. Review by the Dean or Director.

34. Hearing by the Academic Staff Appeals Committee.

45. Access to the Evidence.

56. Burden.

67. Notification and Disposition.

78. Time Limits.

89. Representation. The presence of a representative or other third party designated by the employee is permitted at any stage during the appeal process.

5.075.06 Joinder of Layoff Appeals

5.085.07 Layoff Status Defined

Layoff status shall be defined as the three-year period starting with the effective date of layoff. To initiate layoff status, the staff member must register with the Academic Personnel Office. To maintain layoff status, the staff member shall notify that office at least quarterly regarding employment status, or whenever a change of address or employment status occurs. Layoff status ends automatically when a staff member accepts an alternative appointment that is not purely temporary, fails to accept an appropriate alternative appointment, resigns, or fails to notify the Academic Personnel Office of changes of address or employment status. The primary test in the determination of appropriate alternative appointment is not salary level but comparability of the qualifications necessary and skill level required.

5.095.08 Reappointment Rights and Referral PriorityRights

The UW-Madison shall devote its best efforts to securing alternative appointments in positions for which staff laid off under this chapter are qualified. The head of the operational area responsible for the layoff is encouraged to identify and inform the employee of any comparable positions in related operational areas. An academic staff member on layoff status may be hired without open recruitment into an academic staff position in another unit at the discretion of that department or unit. Units are encouraged to provide released time to academic staff members being laid off for such purposes as retraining, job interviews, career counseling, or job searches. Members of the academic staff on layoff status or on notice of layoff shall have referral priority rights the right of first referral to all academic staff vacancies for which they may reasonably qualify. Such referrals shall be made by the Academic Personnel Office prior to posting of position vacancies. Prospective employers must consider these persons before consideration of other referrals, if any, and before the commencement of open recruiting, and upon request must give written reasons to any referred academic staff member on layoff status to whom employment is refused.

6.03 Dismissal

e. Review by Dean or Director. Upon receipt of dismissal notification the employee shall have 20 working days to submit a written request to the dean or director for a review, including a summary of the facts and circumstances concerning the allegations. The academic staff member shall have the opportunity to make a personal presentation to the dean, director, or designee. The dean, director, or designee shall make a determination of just cause for dismissal and notify the employee of the decision in writing within 15 working days after the receipt of the request for a review or 15 working days after the personal presentation, whichever is later. If the dismissal is upheld by the dean, director, or designee, the notification shall inform the employee of his or her right to appeal to the Academic Staff Appeals Committee under 6.03.3. If there is no response by the dean or director to the written request for a review within the designated time period, the employee may appeal to the Academic Staff Appeals Committee within 15 working days of the expiration of the designated period.

6.03.3.a.ii. Representation. The presence of a representative or other third party designated by the employee is permitted at any stage during the appeal process.

7.01 Informal Resolution

d. The UW-Madison Ombuds Office can provide an informal, confidential, and independent resource for staff seeking help in resolving problems and conflicts.

10.03 Methods of Performance Review

1. Some units use a structured process of periodic performance review. Methods of performance review may include peer review, committee review, and individual consultation, and, when academic staff members have supervisory roles, gathering input from those individuals being supervised. These reviews methods usually result in written documentation. Examples of review documents used in these units are on file in the Academic Personnel Office.