The University of Wisconsin Oshkosh
Policy # [####]
Layoff of Academic Staff (ACS 14)
Original Issuance Date: MMMM DD, YYYY
Last Revision Date: MMMM DD, YYYY
Next Review Date: MMMM DD, YYYY
1. PURPOSE
2. RESPONSIBLE OFFICER
3. SCOPE
4. BACKGROUND
5. DEFINITIONS
6. POLICY STATEMENT
ACS 14.0. Introduction.
In the following materials from UWS Chapter 12, references to indefinite appointments are applicable to fixed-term appointments.
ACS 14.1. Purpose.
Chapter UWS 12 {Layoff} of the Wisconsin Administrative Code, Rules of the Board of Regents details the procedure to follow in the event layoff becomes necessary at University of Wisconsin Oshkosh. It is presented here along with UW Oshkosh’s campus-specific procedures. Chapter 12 sections are designated UWS 12#; Academic Staff Personnel Rules for Oshkosh are designated ACS 14#.
UWS 12.01 General.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.01
UWS 12.02 Layoff.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.02
ACS 14.2. Consideration and Consultation Prior to Layoff Decisions.
(1) Prior to proceeding with a decision to lay off any academic staff member because of budget or program decisions requiring program discontinuance, curtailment, modification, or direction, the Chancellor or designee shall prepare an analysis of the conditions which necessitate such action. In preparing the analysis the Chancellor or designee will consult with groups or committees on campus as necessary.
(2) The Chancellor or designee, after such consultation, shall meet with the Senate of Academic Staff for discussion and advice. The Senate shall be provided with and consider information including:
(a) budget detail on proposed decisions showing the need to lay off a specific number of personnel;
(b) the criteria and/or rationale used in determining the operational unit(s) selected for reduction in positions; and
(c) the criteria to be applied within the operational area in determining the individual(s) who will be affected by the reduction.
(3) In the event that the Chancellor or designee proposes that less notice-time be given before the effective date of layoff than listed in section UWS 10.05, the Chancellor or designee shall provide the Senate with his/her compelling reasons.
UWS 12.03 Individual layoff decision.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.03
ACS 14.3. Seniority as Applied to Layoff.
Seniority shall be determined by the number of years of continuous service at University of Wisconsin Oshkosh. If no breaks in service have occurred, time served as a faculty member shall count toward seniority, as shall time served in a limited appointment if the staff member had an academic staff or faculty appointment prior to accepting the limited appointment. Leaves of absence shall count toward seniority.
(1) If it is determined that layoff is necessary in an operational area, the least senior member shall be laid off first. In the event two or more members of an operational area have the same seniority, the date the original contract was signed by the employee shall be used to determine seniority. The presumption in favor of seniority shall not operate where:
(a) program needs dictate other considerations such as the need to maintain specific expertise, responsibility levels or productivity levels within a program or operational area; or
(b) the strict application of seniority would upset the implementation of affirmative action within the program or operational area.
UWS 12.04 Hearing body.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.04
UWS 12.05 Review and hearing for indefinite appointments.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.05
UWS 12.06 Review for fixed-term and probationary academic staff members.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.06
ACS 14.4. Hearing Body (Refer to UWS 12.04).
(1) Request for Reasons and Hearing. Under UWS 12.05, academic staff notified of layoff are entitled to reasons for the decision and a hearing, if requested within the time limit prescribed.
(a) Reasons shall be requested of and supplied by the Chancellor or designee.
(b) Requests for a hearing shall be sent to the Chancellor or designee, who shall inform the President of the Senate of Academic Staff, who shall form a hearing committee.
(c) The hearing committee shall follow the guidelines in GOV 4.3C as well as the guidelines in UWS 12.05. While 12.05 refers to indefinite appointments, those guidelines shall be used for all academic staff.
(2) Chancellor’s Decision. Within 20 calendar days of receipt of materials from the academic staff hearing committee, the Chancellor or designee shall decide if the layoff should be rescinded or remain in effect. This decision shall be deemed final unless the Board of Regents, upon written request by the academic staff member, grants a review based on the record.
UWS 12.07 Layoff status.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.07
UWS 12.08 Alternative employment.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.08
ACS 14.5. Alternate Employment.
(1) The University of Wisconsin Oshkosh shall make good-faith efforts to reassign or reemploy laid-off academic staff in another operational area within the University.
(2) If a position is open in an operational area different from the one in which an academic staff member was laid off, the appropriate Vice Chancellor [i.e., the Provost and Vice Chancellor for Academic Affairs (for instructional academic staff appointments) or the Vice Chancellor for Administrative Services (for all other academic staff appointments] is responsible for:
(a) notifying academic staff members on layoff of the opening and qualifications for the opening;
(b) reviewing credentials submitted by the academic staff member; and
(c) arranging for an interview if the academic staff member has an interest in the position and if the review of credentials warrants.
(3) The supervisor either shall provide reasons to the appropriate Vice Chancellor [i.e., the Provost and Vice Chancellor for Academic Affairs (for instructional academic staff appointments) or the Vice Chancellor for Administrative Services (for all other academic staff appointments] why the individual does not qualify for the position or shall recommend the individual be offered the position. If the individual is offered the position, either:
(a) the layoff can be rescinded with the academic staff member retaining all rights acquired prior to layoff, including seniority, in the new position (time spent on layoff shall count as years of service); or
(b) the academic staff member may be offered a new fixed-term appointment in the new operational area with rights and privileges beginning with the effective date of the new appointment. Seniority starts accumulating on the effective date of the new appointment.
(4) The appropriate Vice Chancellor [i.e., the Provost and Vice Chancellor for Academic Affairs (for instructional academic staff appointments) or the Vice Chancellor for Administrative Services (for all other academic staff appointments] shall determine which option shall be offered the individual after consultation with the appropriate supervisors and/or the appropriate Vice Chancellor of the proposed alternate position.
UWS 12.09 Reappointment rights.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.09
ACS 14.6. Reappointment Rights of Academic Staff on Layoff.
(1) Reappointment rights shall continue for three years from date of layoff, even if the appointment expires during the three years or alternate employment is accepted, providing the academic staff member notifies the appropriate Vice Chancellor [i.e., the Provost and Vice Chancellor for Academic Affairs (for instructional academic staff appointments) or the Vice Chancellor for Administrative Services (for all other academic staff appointments] in writing by December 1 of each year of his/her location, employment status, and desire to pursue reappointment rights. Failure to provide such notification shall terminate the academic staff member’s reappointment rights.
(2) In the event a position becomes available in an operational area where layoffs have occurred, all academic staff who had been laid off shall be informed of the opening and provided with a position description. Such information to be sent to their last known address.
(a) If an academic staff member on layoff is interested in the position, he/she shall so inform the the appropriate Vice Chancellor [i.e., the Provost and Vice Chancellor for Academic Affairs (for instructional academic staff appointments) or the Vice Chancellor for Administrative Services (for all other academic staff appointments] within the time period stipulated in the letter announcing the opening (a minimum of ten calendar days).
(b) The supervisor will then arrange for an interview with the academic staff member if review of credentials warrants it. If the job duties are reasonably comparable to those performed by the academic staff member prior to layoff, the job shall be offered to the laid-off staff member.
(3) In the event two or more laid-off academic staff members are involved, the decision on who shall be offered the position shall be based on seniority, with the most senior member offered the position first except when operational needs, including affirmative action, are such that a less senior person is preferred. Such needs must be documented to the satisfaction of the Chancellor or designee.
(4) If it is expected that the position will continue, the layoff will be rescinded. If it is expected that the position will not continue, this will be made clear when the job description is initially sent to the academic staff member and the position shall be offered for a fixed time period (normally one year).
(5) If an appointment has not expired under its own terms (see UWS 12.07 (1) (a) 1.), the time served in the appointment after layoff shall count toward completion of the time remaining on the existing contract. The time served after layoff shall count toward the threeyear period of reappointment rights.
UWS 12.10 Retention of salary.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.10
UWS 12.11 Rights of academic staff members on layoff.
https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2012.11
ACS 14.7. Rights of Academic Staff on Layoff.
(1) Academic staff on layoff may voluntarily participate in all fringe benefit programs at University of Wisconsin Oshkosh as permitted by state law.
(2) Academic staff on layoff who have faculty status will retain their governance rights after layoff, consistent with the Faculty Constitution.
(3) Academic staff on layoff will retain library and mail delivery privileges (through both University postal services and the individual’s existing e-mail account at the time of layoff) while on layoff status.
(4) Academic staff on layoff may participate in institutional activities as allowed by established policies and procedures
7. REFERENCES
8. PROCEDURES
9. REVISION HISTORY