Academic Staff Appeals Committee
Operating Guidelines
UW 1998
Committee Purpose: As provided for by Academic Staff Policies and
Procedures (ASPP) Chapter 9.01, the Academic Staff Appeals Committee (ASAC)
"... shall review or hear all appeals of nonrenewals (ASPP 3), nonretentions
of probationary employees (ASPP 4), layoffs (ASPP 5), discipline and dismissals
(ASPP 6), and grievances (ASPP 7)."
Address: The ASACs address is:
ASAC, c/o Secretary of the Academic Staff
270 Bascom Hall, 500 Lincoln Drive
Madison, WI 53706
Notice of a matter for the ASAC and all correspondence and supporting
materials should be sent through this address. Communication about matters
before the ASAC should be made in writing, and not by electronic mail,
except in the case of logistical or administrative matters.
Submission of Matters for ASAC Consideration: Submission of a matter
for ASAC consideration should be made in writing. Submissions of case
materials to the ASAC should include 10 copy sets in addition to the original.
Files: The official records and files of the ASAC will be maintained
at the UW Academic Personnel Office.
Pre-review and Pre-hearing Consideration by ASAC: After receipt
of notice of a matter for the ASAC, the chair or his/her designee may
request ASAC to consider the question whether or not the matter is properly
before the ASAC. If it is found that the matter is not properly before
the ASAC, the Chair shall report this finding to the Provost and recommend
that it not proceed to a review/hearing.
Pre-review and Pre-hearing Conferences: After receipt of notice
of a matter for the ASAC, the Chair or his/her designee may request a
pre-review or pre-hearing conference with the parties. The prereview/hearing
conference is intended to consider "housekeeping" matters such
as calendar planning for the review/hearing, an agreed upon statement
of the relevant issue or issues to be considered, stipulations of fact,
if any, document production, and the manner, length, and format of submissions
or presentations to the ASAC.
Submission of Documents: The Chair shall advise the parties in
writing of procedures associated with the review or the hearing and shall
request inter alia that any additional documents to be considered
part of the record must be submitted with the parties' reply by a specified
date. No document shall be accepted for consideration after this date,
except for good cause shown.
REVIEWS AND HEARINGS:
Panels: Each review or hearing will be considered and voted upon by
a "panel" consisting of at least a simple majority of eligible
ASAC members. The composition of each panel will be assigned by the chair
or his/her designee.
Recording of Proceedings: For hearings, the ASAC will arrange for
a verbatim recording of the hearing to be made at no cost to the parties.
For reviews, the ASAC may arrange for a verbatim recording to be made
at the committee's discretion. For hearings and reviews, a party to the
matter may arrange for a verbatim recording to be made at the party's
own expense.
Attendance and Voting: Panel members participating in a specific
case will make a good faith effort to be present for all review or hearing
proceedings. However, a panel member's inability to be present for all
proceedings will not disqualify the panel member from voting on the matter
so long as 1. the panel member reviews a recording of that portion of
proceedings he/she missed before voting, or 2. all parties to the matter
agree that the panel member's partial absence shall not preclude him/her
from voting in the matter.
Voting: The panel's recommendation to the Chancellor will be determined
by a simple majority vote of panel members. Voting will be made by a show
of hands. The number of votes in favor and not in favor of the recommendation
will be recorded by the chair or his/her designee.
Report of Recommendation: The ASAC reports its findings of fact
with a recommendation to the Provost as the Chancellor's designee. Except
as provided below, this report is the official and exclusive statement
by the ASAC regarding a case. No member of the ASAC may discuss its report
about a case, except when clarification is requested by the Provost. The
Chair shall be the official representative in communications with the
Provost.
Recusal: A committee member may recuse her/himself from participation
in any matter before the ASAC if he/she has reason to believe that doing
so is in the best interest of any party to the matter.
A party to a matter before the ASAC may request recusal of a panel member
by presenting the request in writing to the chair or by making the request
at the prereview/hearing conference or at the commencement of the review
or hearing. A party's request that a panel member recuse him/herself will
be decided upon by the chair or his/her designee.
Open Meetings: The ASAC operates within the requirements of Wisconsin
Open Meeting laws. Each meeting of the ASAC or an ASAC panel will begin
in open session and will be closed by the chair or his/her designee only
if:
A motion has been made that the committee will reconvene in closed session.
The motion must state the nature of the business to be conducted in closed
session.
The motion to close passes by a simple majority of those committee members
present. The vote of each committee member on the motion to close must
be ascertained and recorded in the meeting minutes or verbatim record
of the proceeding.
The Chair or his/her designee announces that the committee will convene
in closed session, restates the nature of the business to be discussed
in the closed session, and cites Wisconsin Statutes 19.85(1)(c) as authority
for temporarily exempting the committee from open meetings policy.
Wisconsin Statutes 19.85(1)(c) provides for closed meetings when ... Considering
employment, promotion, compensation, or performance evaluation data of
any public employee over which the governmental body has jurisdiction
or exercises responsibility.
Only business relating to matters identified in chair's/designee's announcement
will be discussed and voted upon.
The appellant has the right to require that these discussions be held
in open session against the wishes of this committee. Open sessions allow
nonmembers to observe but not to participate in the matter.
Applicability of Guidelines: These guidelines originally became
effective January, 1996, on an interim basis. They were approved by the
PPPC on April 25, 1996. They were revised by the ASAC on January 23, 1998,
pending submission to the PPPC. Modifications are made as part of the
ASAC's annual report to the PPPC as provided for in ASPP 9.06.2.
Last Revised 4/2001 © 2001 by the Board of Regents
of the University of Wisconsin System.
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