The University of Wisconsin Oshkosh
Policy # [####]
Reconsideration of Nonrenewal or Denials of Tenure (FAC 4.C)
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
FAC 4.C.1. UWS 3.07(1)(b) {Nonrenewal of Probationary Appointments: Reconsideration} of the Wisconsin Administrative Code, Rules of the Board of Regents.
FAC 4.C.2. Reconsideration Procedures.
(1) Request for reasons. Within ten calendar days of receiving notice of nonrenewal from the initial level of review, the Provost and Vice Chancellor or the Chancellor, a faculty member may request written reasons for the nonrenewal from the level that made the nonrenewal decision (initial level of review, Provost or Chancellor). The reasons shall refer specifically to the unit, college, and university criteria which were not met. Such reasons shall be provided within ten calendar days of the receipt of the request and shall become part of the faculty member’s personnel file.
(2) Reconsideration levels.
(a) Initial level of review. If the nonrenewal decision has been made by the initial level of review, the faculty member shall have twenty calendar days from receipt of the nonrenewal notice or ten calendar days from receipt of the written reasons for the decision (if requested) to request reconsideration. The request shall include reasons the faculty member feels reconsideration is warranted, including responses to the reasons given by the initial level of review for nonrenewal if reasons were requested. A copy of the request should be filed with the Office of the Provost and Vice Chancellor. After receiving a request for reconsideration, the chair of the initial level of review will consult with the faculty member to schedule reconsideration proceedings as soon as it is practical to do so.
(b) Provost and Vice Chancellor. If the nonrenewal decision has been made by the Provost and Vice Chancellor, the faculty member shall have twenty calendar days from receipt of the nonrenewal notice or ten calendar days from receipt of the written reasons for the decision (if requested) to request reconsideration. The request shall include reasons the faculty member feels reconsideration is warranted, including responses to the reasons given by the Provost for nonrenewal if reasons were requested. After receiving a request for reconsideration, the Provost will consult with the faculty member to schedule reconsideration proceedings as soon as it is practical to do so.
(c) Chancellor. If the nonrenewal decision has been made by the Chancellor, the faculty member shall have twenty calendar days from receipt of the nonrenewal notice or ten calendar days from receipt of the written reasons for the decision (if requested) to request reconsideration. The request shall include reasons the faculty member feels reconsideration is warranted, including responses to the reasons given by the Chancellor for nonrenewal if reasons were requested. After receiving a request for reconsideration, the Chancellor will consult with the faculty member to schedule reconsideration proceedings as soon as it is practical to do so.
FAC 4.C.3. Reconsideration Proceedings.
(1) Reconsideration by the initial level of review or the administrative officer shall be completed and the faculty member informed in writing of the decision within twenty calendar days after the initial reconsideration meeting. This period can be extended upon mutual consent of the faculty member and the initial level of review or administrative officer if extenuating circumstances exist.
(2) The faculty member requesting reconsideration shall have the right to be counseled and/or represented by any person(s) of choice. [In cases where there are multiple counselors/representatives, the convening party (whether the initial level of review, the Provost and Vice Chancellor, or the Chancellor) may restrict discussion of each major issue to a single counselor. Determination whether more than one counselor/representative should address an issue should be a procedural and unappealable determination of the committee or administrative officer.]
(3) Reconsideration meetings shall be properly noticed and conducted as a closed session deliberation (as provided under state statute) unless the faculty member being reconsidered requests that the meeting be held in open session. Members of the public attending an open meeting shall not have the right to participate in the proceedings. An affirmative action representative shall attend and monitor the reconsideration meeting.
(4) The faculty member requesting reconsideration shall be given the opportunity to present his/her statements in writing prior to the initial meeting. The faculty member requesting reconsideration shall also be invited to appear before the initial level of review or administrative officer to present further oral evidence germane to the decision.
(5) The initial level of review or administrative officer deciding on reconsideration as well as the faculty member involved shall have access to all documents used to make the nonrenewal decision.
(6) Tape recordings shall be made of all reconsideration meetings, with copies available at no cost to the faculty member. The Provost and Vice Chancellor’s Office shall keep this recording along with other documents pertaining to the proceedings.
(7) The Chairperson of the initial level of review or the administrative officer deciding on reconsideration shall prepare a report that identifies the time, date, and location of the meeting, along with an identification of those present at the meeting. This report shall identify the evidence that was reviewed and considered. The report shall also include a written decision on the request for reconsideration of the decision as well as the rationale in support of that decision. Copies of this report shall be filed with all concerned parties, including, the faculty member, the initial level of review, the Dean, the Provost and Vice Chancellor, the Executive Committee of the Faculty Senate, and the Chancellor.
(8) If reconsideration affirms the original decision, that reconsideration process ends; the faculty member requesting reconsideration has the right to appeal under the provisions of the FAC 4, Part D, titled “Appeals of Nonrenewals or Denials of Tenure”.
(9) If reconsideration causes the initial level of review or the Provost and Vice Chancellor to change their decision or recommendation, the prior decision or recommendation is rescinded, and the recommendation in favor of renewal or tenure shall be advanced through the decision-making process. In these instances, each review level shall take action on the matter as soon as possible after receiving the file so as to restore the normal decision-making timeline. All of the provisions for action and consequences of renewal and nonrenewal decisions shall be as if a nonrenewal decision had not taken place.
(10) The Provost and Vice Chancellor shall be the custodian of the minutes and reports of all initial levels of review and administrative officers involved in the reconsideration process. All documents shall be kept in a file, separate from the personnel files. The faculty member shall have access to review the contents of this file and may request copies of any documents or materials.
7. REFERENCES
8. PROCEDURES
9. REVISION HISTORY