36.22 Layoff or termination of faculty member due to certain budget or program changes.

484 words·~2 min read·/wi/chapter-36/36-22

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Layoff” means an indefinite suspension or involuntary reduction in services and compensation of a faculty member’s employment by the system.

(b)“Program change” means program discontinuance, curtailment, modification, or redirection.

(c)“Termination” means the permanent elimination of a faculty member’s employment by the system.

(2)Layoff or termination due to certain circumstances.

(a)The board may, under this section and s. 36.21 , with appropriate notice, lay off or terminate any faculty member when such an action is deemed necessary due to a budget or program decision requiring a program change.

(b)Any layoff or termination of a faculty member under par.

(a)may be made only in accordance with the provisions of this section and implies the retention of rights indicated in this section. A faculty member who is laid off retains the rights specified in subs.

(11)to

(16)and a faculty member who is terminated retains the rights specified in subs.

(13)and

(14).

(c)Nonrenewal of an appointment, regardless of the reason, is not a layoff or termination under this section.

(3)Seniority.

(a)In the case of layoffs of faculty members due to a budget or program decision requiring a program change, layoffs shall follow seniority unless a clear and convincing case is made that program or budget needs dictate other considerations such as the need to maintain diversity of specializations within a department.

(b)The faculty of each institution shall determine the form of seniority that is to be considered. This determination shall be effective uniformly throughout the institution. Seniority may be defined in the following, or in other, ways:

1. Without regard to rank, with seniority established by total years of service in the institution.

2. By rank, and within rank according to total years of service in the institution.

3. By rank, and within rank, according to length of service in the institution at that rank.

(4)Notification.

(a)Each faculty member who is to be laid off shall receive prompt written notification from the chancellor. Prior to issuing a layoff notification, the chancellor shall offer to consult with, and seek advice from, a faculty committee designated or created by the faculty of the institution.

(b)The notification under par.

(a)shall include all of the following:

1. A summary of the reasons supporting the need for the layoff.

2. A statement of the basis on which the individual position was selected for elimination and one of the following:

a. If the position was selected for elimination on the basis of seniority, the criterion used and data supporting the choice.

b. If the position was selected for elimination on a basis other than seniority, the data and reasons supporting that choice.

3. A statement of the date on which the layoff is to be effective.