Tenure policy
New Board of Regents policy
(https://www.wisconsin.edu/regents/policies/faculty-tenure/)
The Board of Regents (BoR) imported the deleted WI SS 36.13 into its Regent Policy Document RPD 20-23
(at the above link). Its primary purpose is to define tenure appointments (section 1). Madison has its
equivalent policies on the granting of tenure in its FPP Chapter 7. The UWSP Handbook has a section of
Chapter 4A entitled, “UWSP 3.06 Renewal of Appointments and Granting of Tenure” (pp. 8-9 and 63-64),
and of Chapter 4B entitled, “Probationary and Tenure Appointments” (pp. 13-16), each of which has some
overlap with the above. The new BoR layoff policy (see below) has a nice preamble that we might want to
insert somewhere:
Tenure is the keystone for academic freedom and excellence and is awarded for academic and
professional merit. Tenure is an essential part of the guarantee of academic freedom that is
necessary for university-based intellectual life to flourish. The grant of indeterminate tenure to
faculty members represents an enormous investment of university and societal resources, and those
who receive this investment do so only after rigorous review which established that their
scholarship, research, teaching and service meet the highest standards and are congruent with the
needs of the university. It is therefore expressly recognized that the awarding and continued
enjoyment of faculty tenure is of vital importance to the protection of academic freedom and to the
overall academic quality of the University of Wisconsin System institutions.
Layoff policy
New Board of Regents policy
(https://www.wisconsin.edu/regents/policies/procedures-relating-to-financial-emergency-or-program-discontinuancerequiring-faculty-layoff-and-termination/)
Part I of the new policy concerns the procedures for laying off tenured faculty when there is a financial
emergency. It includes elements from UWS Chapter 5, much of which was imported into Wisconsin Statutes
Chapter 36.22 as a result of Act 55. Item A establishes the precedent, items B and C describes the faculty
committee, and the report they must write, that must participate in the decision to declare an emergency.
Items D and E describes the responsibilities of the chancellor and the BoR when declaring a financial
emergency, and item F specifies that faculty members must recommend who gets laid off. Item G outlines
the due process rights and protections afforded to a faculty member who gets laid off.
Part II of the new policy concerns the layoff of tenured faculty if a program is discontinued apart from the
declaration of a financial emergency. It is an all-new policy, crafted in consultation with the Tenure Policy
Task Force, that is required as a result of the changes made to WI Statutes 36.21. Items A and B specify a
program may only be discontinued for “educational considerations”, which include “long-term student and
market demand and societal needs” and an “analysis of financial resources and the needs, value and quality
of the program”. Item C gives the procedures for recommending program discontinuation, and items D and E
specify that a faculty committee must review and evaluate such proposals and prepare a report. Items F and
G give the procedures a chancellor must follow before bringing to the BoR a recommendation to discontinue
a program. Item H outlines the responsibilities of the System president and says the BoR makes the final
decision. Item I specifies that faculty members must recommend who gets laid off, and item J outlines the
due process rights and protections afforded to a faculty member who gets laid off.
Part III summarizes safeguards for students, ensuring they can graduate with a major in the discontinued
program.
The UW Madison Layoff policy can be found at http://www.secfac.wisc.edu/FPP_ch_10.htm. The policy
as passed by Madison faculty on November 2, 2015 was modified by the Board of Regents on April 8, 2016.
The modifications can be seen beginning on page 160 of the Education Committee agenda materials. Of
particular concern are the changes to 10.5.A p. 170 and 176:
A. The chancellor’ s decision recommendation to the Board to discontinue formally a program or
department of instruction will be based upon educational considerations, as determined primarily by
the faculty as a whole or an appropriate committee thereof, as described in Regent Policy Document
20-24, Section II, Paragraphs A through G., as defined in FPP 5.02 is not applicable to program
discontinuance based on educational considerations that may result in faculty layoff under this
Chapter 10; however, the Chancellor shall consult the bodies listed in FPP 5.02 c(1-4).
Because FPP 5.02 is entitled, “Departmental Restructuring – Guidelines and Criteria,” the effect of saying it
is “not applicable” appears to circumvent the normal procedures and shared governance voice when deciding
to close a program.
The proposed UWSP policy changes will be based on the Madison policy as it was passed on 11/2/15.
I. Faculty Layoff for Reasons of Financial Emergency
This section of Board of Regents policy is more or less unchanged from previous. Over the summer we
should compare its language with Madison FPP Chapter 10 and UWSP Handbook Chapter 4A (pp. 15-24
and 74-82).
There is additional policy for faculty layoff in Chapter 4C (pp. 74-87). It is called “Overview of the Process
and Procedures for Review Hearing of Layoff/Termination of Faculty for Financial Emergency Under
UWSP 5.12.” It likely needs review and updating.
CHAPTER UWSP 5 Layoff and Termination for Reasons of Financial Emergency or Program
Discontinuance
Definitions
[The Regent Policy Document 20-24 includes definitions of things like “financial emergency” and
“educational considerations.” We may want to copy the definitions here, or refer the reader to them.]
UWSP 5.01 GENERAL.1
Notwithstanding 36.13, Wis. Stats. Regent Policy Document 20-23,2 the Board may lay off or terminate a
tenured faculty member, or lay off or terminate a probationary faculty member prior to the end of the
appointment, in the event of a financial emergency or program discontinuation. No faculty member shall be
laid off or terminated due to curtailment, modification, and/or redirection of a department.3 Such layoffs or
termination may be made only in accord with the provisions of this Chapter, and imply the retention of rights
indicated herein. A nonrenewal, regardless of reasons, is not a layoff or termination under this section.
1
From http://www.uwsp.edu/acadaff/Handbook/CH4A%2015-16.pdf p. 16.
Wisconsin Statutes 36.13 was deleted in 2015. The Board of Regents imported the language into RPD 20-23.
3
In response to the edits to WI SS 36.21. This sentence was copied from Madison’s FPP 10.02.A. The rest of the paragraph more
closely follows RPD 20-24, section I item A than Madison 10.02.A, which includes this language: “Faculty displaced due to
restructuring of a program or discontinuance of a program for reasons other than financial emergency or educational
considerations will be placed in another suitable position, at the same rank, that is acceptable to the faculty member, in accordance
with Wis. Stat. 36.22(12). If placement in another position would be facilitated by a reasonable period of training, such retraining
and relocation will be provided and the institution will bear the cost.”
2
UWSP 5.04 FACULTY CONSULTATIVE COMMITTEE.
The University Planning Committee Faculty Council shall serve as the Faculty Advisory Committee on
Financial Emergency described in UWS 5.04. The Committee shall consult with the chancellor if at any time
a declaration of financial emergency is to be considered. It is the right and responsibility of this Committee
to represent the faculty before the Board if a declaration of a state of financial emergency for the institution
is being considered, and to assure that the procedures of UWSP 5.05 and 5.06 are followed. The chancellor
shall provide the faculty committee with access to information and data relevant to the proposed declaration
of financial emergency. The chancellor shall consult with and take into serious consideration advice from the
Committee, as described in UWSP 5.05(1), at least three months before making any recommendation to the
Board.4
Consultation shall proceed in accordance with UWSP 5.05 and shall include consultation with the Academic
Staff Council and the University Staff Council, as well as those other individuals and groups who may be
able to provide valuable advice (see UWSP 5.05(1)(e)).5
[No changes to UWSP 5.05 or UWSP 5.06 appear to be necessary.]6
[No changes to UWSP 5.07 or UWSP 5.08 appear to be necessary.]7
[No changes to UWSP 5.09 or UWSP 5.10 appear to be necessary.]8
II. Faculty Layoff for Reasons of Program Discontinuance
This section is brand new policy. There is some existing UWSP policy “Reorganizing Academic Units”
under Handbook Chapter 7, section 8 (p. 50). I did not see any existing Handbook policy on how to close a
program. In Chapter 9 there’s a section on page 58 called “Layoff Tenure Law (1969-1974) that can be
deleted; it no longer applies.
UWSP 5.23 Layoff of Tenured Faculty due to Program Discontinuance9
A. The chancellor may lay off or terminate a tenured faculty member, or lay off or terminate a
probationary faculty member prior to the end of his/her appointment, under extraordinary
circumstances that lead to program discontinuance because of a demonstrably bona fide financial
exigency or for educational considerations. Such layoffs or terminations will be made in accordance
with the provisions of UWS Chapter 5, Wis. Stat. 36.22, and this chapter and imply the retention of
rights indicated therein. A nonrenewal under UWSP 3.06,10 regardless of reasons, is not a layoff or
termination under this section.11
4
This paragraph closely follows RPD 20-24, section I item B and Madison FPP 10.03.A.
This language does not correspond to any item in RPD 20-24, but it follows Madison FPP 10.03 B, and is consistent with
UWSP’s commitment to include participation in shared governance by all personnel categories.
6
These sections are already consistent with RPD 20-24 section I items C and D. The faculty report is mentioned in UWSP
5.05(1m) and the chancellor’s report in UWSP 5.06(1).
7
There does not need to be any UWSP Handbook language to correspond to RPD 20-24 section I item E, which says, “It is
recognized that the Board should exercise its authority adversely to the faculty recommendation with respect to declaration of
financial emergency only for compelling reasons which should be stated in detail.” UWSP 5.07 and 5.08 already comply with RPD
20-24 section I item F.
8
UWSP 5.09 and 5.10 correspond to the first parts of RPD 20-24 section I item G. The last part about securing alternative
appointments for laid off faculty corresponds to UWSP 5.17.
9
This would be a new section to insert into Chapter 4A, section 2, p. 82, just after the financial emergency stuff and UWSP 5.22
LACK OF FACULTY ACTION.
10
This corresponds to Madison FPP 7.06, I think. UWSP 3.06 is on p.64 of Chapter 4A. Our UWSP chapter 7 reads, “[Chapter 7
has been deleted from the Code, and from UWSP rules.]” (p.84). The UWS chapter 7 in our Handbook is entitled, “Dismissal of
Faculty in Special Cases” (p.25) and seems to focus on criminal misconduct/dismissal for cause.
11
Copied from Madison FPP 10.02.B. Corresponds to RPD 20-24, section II item A. Item B attempts to outline some of the
criteria to be considered when discontinuing a program, and there is no equivalent language in the Madison policy. I suggest we
also omit it from local UWSP policy. It reads, “Program review and adjustment to the curriculum according to professional and
5
B. The decision to discontinue formally a program or department of instruction will be based upon
educational considerations, as determined by the Executive Committee of the Common Council
according to the Handbook Chapter 7, section 8.12
C. Faculty members in a program being considered for discontinuance for educational considerations
will promptly be informed of this activity in writing and provided at least thirty days in which to
respond to it. Tenured and probationary faculty and academic staff will be invited to participate in
these deliberations.13
D. Before the chancellor issues notice to a faculty member of an intention to terminate an appointment
because of discontinuance of a program or department of instruction, the institution will make every
effort to place the faculty member concerned in another suitable faculty position that is acceptable to
the faculty member. If placement in another position would be facilitated by a reasonable period of
training, such retraining and relocation will be provided and the institution will bear the cost. If no
position is available within the institution, with or without retraining, the faculty member’s
appointment then may be terminated, but only with provision for severance as indicated in 10.11.14
E. Faculty members recommended for termination due to discontinuance of a program for educational
considerations shall have the same rights of notification, hearing, and review described in UWSP
5.09 – 5.13.15
[The following items in section II of RPD 20-24 do not appear to correspond with language in Madison FPP
chapter 10. We can leave them out like Madison or write new policy for UWSP.]
E. The faculty committee shall request and review comments and recommendations on the proposed
program discontinuance from faculty and academic and university staff in the program, faculty and
academic and university staff in the affected college or school, students in the program, and other
appropriate institutional bodies or individuals. Based on this review and evaluation, the faculty
committee shall prepare a recommendation and report regarding the proposed program
discontinuation that shall be shared with the faculty in the program, the faculty senate, the college
dean, the provost and the chancellor. The faculty committee shall provide its recommendation and
report to the chancellor within three months of the date of the faculty senate’s receipt of the program
discontinuance proposal.
F. The chancellor shall consult with the faculty committee and the faculty senate before making any
recommendation to the Board. It is recognized that the chancellor should make a recommendation
educational standards and accreditation requirements is part of routine institutional planning. Educational considerations are
related in part to regular program review, and reflect a long-range judgment that the educational mission of the institution as a
whole will be enhanced by program discontinuance. This includes the reallocation of resources to other programs with higher
priority based on educational considerations. Such long-range judgments generally will involve the analysis of financial resources
and the needs, value and quality of the program and any related college or school.”
12
Copied from Madison FPP 10.05.A. The 11/2/15 version refers to FPP 5.02, “Departmental Restructuring - Guidelines and
Criteria,” but the Board of Regents edited it to say 5.02 does NOT apply. Our equivalent language is in Handbook Chapter 7,
section 8, and that section refers to “Executive Committee of the Faculty Senate.” This language makes educational considerations
the primary motivation for closing a program. The corresponding RPD 20-24, section II item C says “educational considerations,
including programmatic and financial considerations”. Item B also says, “Such long-range judgments generally will involve the
analysis of financial resources and the needs, value and quality of the program and any related college or school.”
13
Copied from Madison FPP 10.05.B. Corresponds to RPD 20-24, section II item C. The Madison policy is silent about the criteria
listed in RPD 20-24, section II item D, so no such language is suggested here.
14
Copied from Madison FPP 10.05.C. Corresponds to RPD 20-24, section I item G. The Handbook has similar language in the
financial emergency section, UWS 5.17 (p. 22 of Chapter 4A) and UWSP 5.17 (p. 81 of Chapter 4A). The Handbook does not
appear to have any language about severance, as does Madison in FPP 10.11. The RPD 20-24 is also silent about severance.
Madison FPP 10.05.D goes on to say, “Faculty members may contest a proposed relocation under the hearing procedures
described in section 10.08 below.” There is no corresponding Handbook language about an appeal or a hearing for relocation.
15
Copied from Madison FPP 10.05.E. Also corresponds to RPD 20-24, section I item G.
adverse to the faculty recommendation with respect to discontinuance of an academic program only
for compelling reasons which should be stated in writing and in detail.
G. If the chancellor decides to recommend that the Board approve discontinuance of a program that will
result in the layoff of faculty, the chancellor shall provide his or her recommendation to the System
president and the Board, accompanied by a report that shall include information demonstrating the
educational considerations supporting program discontinuance, any recommendation and report
created by the faculty committee, and a report of any action of the faculty senate on the matter. The
chancellor shall provide any such recommendation to the System president and the Board within four
months of the date of the faculty senate’s receipt of the program discontinuance proposal.
H. The System president shall provide the Board with his or her recommendation on the program
discontinuance proposal. After reviewing the System president’s and the chancellor’s
recommendations and related report, the Board shall make the final decision on whether the program
is to be discontinued, resulting in faculty layoffs. It is recognized that the Board should exercise its
authority adversely to the faculty recommendation with respect to program discontinuance only for
compelling reasons which should be stated in detail.
I. If the Board approves discontinuance of a program resulting in faculty layoffs at a UW System
institution under this policy, the tenured faculty at that institution shall have responsibility for
recommending which faculty will be laid off. These recommendations shall follow seniority unless a
clear and convincing case is made that program needs dictate other considerations, as described in
Wis. Stat. s. 36.22(3)(a). Additionally, the faculty at each institution shall determine the form of
seniority that is to be used, as described in Wis. Stat. s. 36.22(3)(b).
J. A faculty member whose position is recommended for layoff shall receive the notification provided
in Wis. Stat. s. 36.22(4), and shall be entitled to the notification period provided in Wis. Stat. s.
36.22(5). The faculty member also shall be entitled to the due process hearing and appeal procedures,
reappointment rights and other rights and protections in Wis. Stat. s. 36.22. As provided in Wis. Stat.
s. 36.22 (12), institutions shall devote their best efforts to securing alternative appointments for
faculty laid off under this section, and also shall provide financial assistance for readaptation of
faculty laid off under this section where readaptation is feasible.
III. Safeguards for Students
Because UWSP does not appear to have a program discontinuation policy, we also do not have a policy
about how to ensure students in a discontinued program are allowed to finish their degree. I could not
immediately find a segment of Madison policy that covers this, either.
UW System institutions will make every effort to accommodate students adversely affected by
discontinuance of an academic program for reasons of financial emergency or because of educational
considerations. Discontinuance of a program should be phased in over a reasonable time period to provide
students with the opportunity to complete the program or transfer to another program. Completion of a
program or transfer to another program cannot be guaranteed by the university.