CHAPTER III - RULES GOVERNING FACULTY APPOINTMENTS UNDER UWS 3, WISCONSIN ADMINISTRATIVE CODE
(Approved by Board of Regents on October 5, 1979 and amended
February 5, 1982)
- Recruitment and initial appointment.
- When an academic department is authorized to recruit a
faculty member, the department shall:
- define the duties and responsibilities of the position,
- establish the minimum qualifications of the appointee,
- propose the rank or ranks and salary range within which the
appointment is to be made,
- comply with university policies and recruitment methods,
- select a candidate to be offered the position, and
- assist in drafting the letter of appointment.
- In addition to the items listed in UWS 3.03 of the Wisconsin
Administrative Code, an appointment letter offering a probationary
appointment shall include:
- a statement of the maximum probationary period,
- if the maximum probationary period has been reduced under III,
(1), (c), 2 of these rules, a statement of how much prior service
has been credited and a statement that acceptance of the
appointment as offered constitutes acceptance of the computation
of prior service and the maximum probationary period,
- the approximate date of the first departmental review of the
faculty member
- and, by attachment, the criteria which will be employed in the
first review of the faculty member, with a notice that other
criteria may be established, in accordance with these rules and
UWS 3.06, (1), (b) of the Wisconsin Administrative Code, for
subsequent reviews.
- In order that the university may comply with both state law
and the accepted standards of academic practice defined by the
Association of American Colleges and the American Association
of University Professors, the maximum probationary period of a
faculty member shall be determined as follows:
- The maximum probationary period of a faculty member without
prior service as defined in III, (1), (c), 2 of these rules shall
be 7 years in a full time appointment and 10 years in an
appointment which is at least half time but not full time.
- For a faculty member who has reported and been credited with
prior full time service as a teacher or investigator in any
institution of higher education, the maximum probationary period
shall be reduced as follows:
- if the faculty member's position is to be full time, the
maximum probationary period shall be reduced by 1 year for
each year of credited full time prior service, but need not
be reduced more than 3 years;
- if the faculty member's position is to be at least half
time but not full time, the maximum probationary period
shall be reduced by 1 year for each year of credited full
time prior service, but need not be reduced more than 4
years.
- An initial appointment may be a tenure appointment.
- The offer of a concurrent faculty appointment to a limited or
academic staff appointee may be proposed by the appointing authority,
the appointee, or an academic department either during negotiation of
the limited or academic staff appointment or at any time thereafter.
The decision whether to recommend such an appointment shall be made in
the same manner as a decision to offer any other initial appointment.
Probationary service in such a concurrent appointment shall be counted
from the time when the appointee begins to serve in the faculty
appointment at least half time, if it is a full time appointment, or to
the full extent of the appointment, if it is at least half time but not
full time.
- Initial faculty appointments shall be made only upon the
affirmative recommendation of the appropriate academic department and
the chancellor. If the faculty of a college so directs, the affirmative
recommendation of the college shall also be required for initial
appointments which are tenure appointments. The decision for the
college about tenure appointments shall be made by a committee of tenure
faculty elected by the faculty of the college, or by the dean of the
college, or by such a committee with the advice of the dean, or by the
dean with the advice of such a committee, as the faculty of the college
shall choose.
- Renewal of probationary appointments and recommendations of tenure.
- Decisionmakers
- Except as provided in UWS 3.10 of the Wisconsin Administrative
Code and in III, (6) of these rules, faculty appointments shall be
renewed only on the affirmative recommendation of the same
decisionmakers required for the recommendation of initial faculty
appointments by UWS 3.06, (1), (a) of the Wisconsin Administrative
Code and III, (1), (f) of these rules.
- Except as provided in UWS 3.08, (3) of the Wisconsin
Administrative Code and III (6) of these rules, a negative
decision by any decisionmaker terminates the consideration of a
proposed reappointment.
- Types of decisions.
- Decision whether to renew a probationary appointment. A
decision to renew a probationary appointment is a decision to
reappoint for a specific period which is within the maximum
probationary period of the faculty member. It does not confer
tenure. A decision not to renew a probationary appointment is a
nonrenewal decision.
- Mandatory tenure decision. When a probationary appointment
has been renewed through the end of the maximum probationary
period of the faculty member, a decision whether to recommend
tenure must be made during the review of the faculty member which
immediately precedes the deadline for notice of
reappointment/nonreappointment for the period following the
maximum probationary period. If a mandatory tenure decision is
negative, it is a nonrenewal decision.
- Optional tenure decision. A department may choose to decide
whether to recommend tenure at any other time. This is an
optional tenure decision. If it does so recommend, a decision
whether to recommend tenure by a college tenure committee or the
chancellor which results from its decision is also an optional
tenure decision. If negative, an optional tenure decision is not
a nonrenewal decision. It has no effect on an existing
probationary appointment, does not affect nor is it affected by a
prior, simultaneous, or subsequent decision to renew a
probationary appointment, and is not inconsistent with a prior or
subsequent decision to recommend tenure. A faculty member has, in
respect to it, no right to request reasons or reconsideration, or
to appeal under UWS 3 of the Wisconsin Administrative Code or III
of these rules.
- Departmental review.
- A departmental review shall be conducted by the departmental
reappointment committee which shall have at least 3 members and
shall be composed of the entire tenure faculty of the department,
or tenure faculty of the department elected by tenure faculty of
the department, or tenure faculty of the department elected by the
faculty of the department, as the faculty of the department shall
choose.
- If a department does not have sufficient tenure faculty
available to review a faculty member to make a quorum of the
reappointment committee, the dean of the college shall appoint
sufficient tenure faculty of related disciplines to the
departmental reappointment committee to bring the number of
persons to conduct the review to a quorum. Such appointed members
shall participate only in the review or reviews which they are
appointed to conduct and any reconsideration under UWS 3.07, (1),
(b) or UWS 3.08, (3) of the Wisconsin Administrative Code and III,
(4), (c) of these rules
- A quorum of a departmental reappointment committee shall be 3,
or more than one-half the regular membership, whichever is
greater.
- Notice of review.
The faculty member being reviewed shall receive at least 20 days notice
of a departmental review and at least 7 days notice of a review by a
college, and a copy of the notice shall be posted in a public place
regularly used for the posting of notices by the department or college,
as the case may be, at least 7 days before the review. The notice shall
include:
- the time and place of the review,
- the period of service to be evaluated,
- identification of the definitions of functions, standards of
evaluation, and criteria for decision which will be used in the
review,
- the decision to be made,
- that the faculty member may present information orally or in
writing,
- that any other person may present information in writing or,
with the consent of the committee, orally, and
- that the review will be conducted in accordance with UWS 3.06
of the Wisconsin Administrative Code, these rules, and applicable
state law governing meetings of public bodies.
- Evaluation required.
No decision about renewal of appointment shall be made until the
decisionmaker has evaluated the performance by the faculty member
of the functions of teaching, research, and professional and
public service and contribution to the university. In any review
for a tenure decision, the period of service to be evaluated shall
be the entire period of service in the university and all service
prior to appointment in the university. For reviews not involving
a tenure decision, the period of service to be evaluated for a
first review shall be the period since appointment and, for a
subsequent review, the period since the last previous evaluation
by the decisionmaker. However, no department shall evaluate the
service of a faculty member in another department of the
university, and no college shall evaluate the service of a faculty
member in another college of the university. For procedures for
the review of faculty holding positions in more than one
department, see III, (6) of these rules.
- Review procedures.
- Development of definitions of functions for evaluation,
standards for evaluation, weighing of functions in overall
evaluation, and written criteria for reappointment decisions.
- The faculty or Faculty Senate may provide for
development of definitions of the activities, skills, and
qualifications embraced in each of the functions to be
evaluated, definitions of standards of evaluation, weighing
of functions in overall evaluation, and written criteria for
reappointment decisions. In doing so, the faculty or
Faculty Senate may establish or authorize distinctions
between classes of faculty, or between groups of faculty
holding different classes of positions, provided that the
bases for such distinctions are reasonable and appropriate
to the missions and needs of the university and its colleges
and departments.
- Effective one year after the effective date of these
rules, the standards of evaluation and written criteria for
decision employed in any review of a probationary faculty
member by a department or the chancellor shall have been
established and published in the minutes of the body
establishing them prior to the beginning of the period of
university service being evaluated at the review in which
they are employed, and the standards and criteria employed
by a college shall have been established and published at
least one year before the review in which they are employed.
- In evaluating a faculty member's performance, decision-makers
shall consider:
- student assessments of the faculty member's teaching,
gathered in accordance with rules and procedures established
by the Faculty Senate,
- any information submitted by the faculty member, orally
or in writing, and
- any other information, including information personally
known to a decisionmaker, which is relevant to the
evaluation and of reasonable probative value, provided that
information not personally known to a decisionmaker must be
in writing and signed unless the decisionmaker consents to
its oral presentation, in which case it must be summarized
with the name of the person presenting it in the record of
the review.
- A college shall consider all evaluations of the faculty member
by the department and the chancellor in all previous reviews of
the faculty member.
- When a decisionmaker is a committee, each member may evaluate
a faculty member independently or several or all members may
evaluate a faculty member jointly, as they choose.
- The evaluation of a faculty member's performance of teaching,
research, professional and public service and contribution to the
university is necessary both to the decision whether to recommend
reappointment and to the counseling of a probationary faculty
member about how performance of these functions might be improved.
Therefore, the evaluation must be recorded with an explanation
which sets forth both the more and less satisfactory aspects of
performance and ways in which performance may be improved.
Further, decisionmakers must make their evaluations comprehensive,
and subsequent decisionmakers must consider each evaluation as a
whole and as evidence of the extent and rate of progress of the
faculty member, and not respond to an evaluation solely in terms
of a single positive or negative comment.
- The record of evaluation, including an explanation of each
rating of each function, shall be included in the record of review
by attachment.
- When a decisionmaker is a committee, an affirmative decision
requires the affirmative votes of a majority of the members
participating in the review. An abstention shall be counted and
recorded as a negative vote.
- A review of a faculty member shall be conducted in accordance
with applicable state laws governing meetings of public bodies.
- Record of review. A decisionmaker shall make a record of the
review of a faculty member, which shall include:
- the name(s) of the person(s) conducting the review,
- identification of the definitions of functions, standards of
evaluation, and criteria for decision which will be used in the
review,
- a summary of any information presented orally by any person
other than a decisionmaker, with the name of the person presenting
it,
- any decision made about the relevance of information
presented,
- the decision whether to recommend reappointment and the number
of votes for and against it,
- the reasons for any nonrenewal decision, which shall refer to
specific criteria for decision and, if relevant, to the evaluation
of specific functions and the explanations of them, and,
- by attachment:
- the notice of the review,
- any information submitted in writing, and
- the record of evaluation.
- Report of decision. Each decisionmaker shall prepare a report of
the decision made which shall be signed by the decisionmaker or the
chair of the decisionmaking committee.
- If the decision is affirmative, a copy of this report shall be
delivered to the faculty member within 7 days of the review, with
a notice of any additional reviews and decisions which are
required by III, (2), (a) of these rules to make the decision
effective, except that the chancellor may employ a reappointment
letter to notify a faculty member of the decision made by the
chancellor.
- If the decision was an optional tenure decision and it was
negative, a copy of the report of the decision shall be delivered
to the faculty member within 7 days, with a notice that the
decision is not a nonrenewal decision and that the faculty member
has, in respect to it, no right to ask reasons or reconsideration,
or to appeal under UWS 3 of the Wisconsin Administrative Code or
III of these rules.
- If the decision was a nonrenewal decision, a copy of the
report of the decision shall be delivered to the faculty member
within 20 days of the review, with a copy of UWS 3.07 and 3.08 of
the Wisconsin Administrative Code and III, (4) and (5) of these
rules, and with a notice of nonreappointment.
- Procedures following a review. The chancellor may devise
instructions for the administrative processing of records of reviews and
reports of decisions, consistent with UWS 3 of the Wisconsin
Administrative Code and these rules, and with state laws governing
preservation of and access to public records and confidentiality of
personnel records, including:
- provisions for administrative review of records and reports
prior to delivery of a copy of the report of decision to the
faculty member, in order to discover whether these documents are
complete and correct and to secure their completion or correction,
- provisions for administrative review of records of reviews
which result in nonrenewal decisions to discover whether any
nonrenewal decision is based in any significant degree on one of
the factors listed in UWS 3.08, (1), (a), (b), and (c) of the
Wisconsin Administrative Code, with material prejudice to the
faculty member,
- provisions for the delivery of these documents from one
decisionmaker to another when an affirmative decision is made and
for the secure custody of them as confidential personnel records,
- provisions which regulate access to these documents and
provide for their disposition when they cease to be
administratively useful or necessary, and
- provision for the chancellor to request that a decisionmaker
review a faculty member anew, and make a new decision, when the
chancellor has reason to believe that the decision would be found
invalid if appealed under the provisions of UWS 3.08 of the
Wisconsin Administrative Code.
- Counseling of probationary faculty member after a reappointment decision.
The faculty or Faculty Senate may establish, with the approval of
the chancellor, means for the counseling of a probationary faculty
member whose probationary appointment has been renewed, in order
that the faculty member may receive sufficient information about
the evaluations of the faculty member's performance and the
explanations of them to improve that performance further, but
there shall be no disclosure to the faculty member of the source
of any information used in evaluation, except student assessments
of teaching, or of the identity of any individual evaluator.
- Rights of a faculty member following a nonrenewal decision.
- When a faculty member has a right which must be exercised within a
limited period after delivery to the faculty member of a document, the
period for exercise of the option shall be extended by 5 days if
delivery of the document is by first class mail and publication.
- Having received a copy of a report of a nonrenewal decision, a
probationary faculty member may, within 10 days of delivery of the
notice, request in writing the reasons for the nonrenewal decision.
This request shall be made to the decisionmaker. Upon receipt of such a
timely request, the decisionmaker shall copy, from the record of the
review which resulted in the nonrenewal decision, the reasons for the
decision, and shall deliver them to the faculty member.
- Having received the reasons for a nonrenewal decision, a
probationary faculty member may, within 10 days of the delivery of
the reasons, request in writing that the decisionmaker reconsider.
- The reconsideration shall be conducted in the same manner as a
review by the decisionmaker, except that:
- the reconsideration shall be conducted within 14 days of
receipt of the timely written request and with at least 3
days notice of the faculty member, or on a date agreed to by
both the faculty member and the decisionmaker;
- the faculty member's response to the reasons for the
nonrenewal decision shall be the first order of business at
the review;
- the faculty member may be assisted by a person of
his/her choice;
- the record of the review already conducted shall be
attached to the record of the reconsideration; and
- if the nonrenewal decision is affirmed upon
reconsideration, the reasons for the decision shall be
included in the report of the decision.
- Procedures following the reconsideration shall be the same if
it were an original review, except that, if the decisionmaker
affirms the nonrenewal decision, the faculty member shall receive,
within 20 days of the decision, a copy of the report of the
decision and a copy of the record of the first review and the
record of the reconsideration.
- If the nonrenewal decision is reversed upon reconsideration, a
copy of the report of the decision upon reconsideration shall be
attached to the copy of the reasons for the original nonrenewal
decision in the personnel file of the faculty member.
- Appeal of a nonrenewal decision.
- The faculty or Faculty Senate shall establish a University Review
Committee of tenure faculty to hear appeals of nonrenewal decisions
under UWS 3.08 of the Wisconsin Administrative Code and these rules.
- Upon receipt of a report of affirmation of a nonrenewal decision
upon reconsideration, a probationary faculty member may, within 20 days
after delivery of the report, appeal the nonrenewal decision to the
University Review Committee. An appeal must:
- be in writing,
- specify the decisionmaker whose decision is appealed,
- state the grounds of the appeal by reference to some part of
UWS 3.08, (1) of the Wisconsin Administrative Code and by
reference to the record of the review and/or reconsideration, and
- be delivered to the decisionmaker.
- Upon receipt of a timely appeal of a nonrenewal decision, the
decisionmaker shall deliver the appeal and the record of the appealed
review to the University Review Committee.
- The University Review Committee shall schedule the review of
nonrenewal decision and give the faculty member notice of it in
accordance with UWS 3.08 of the Wisconsin Administrative Code.
- The review of the nonrenewal decision shall be conducted in
accordance with UWS 3.08 of the Wisconsin Administrative Code, and the
faculty member shall receive a copy of the University Review Committee's
report.
- If the University Review Committee directs a reconsideration by the
decisionmaker, the decisionmaker shall deliver the record of the
reconsideration and report of decision upon reconsideration to the
University Review Committee.
- The record of the review of the nonrenewal decision and the report
of the University Review Committee shall be filed with the appointment
records of the faculty member.
- A faculty member whose appeal of a nonrenewal decision is denied by
the University Review Committee, upon written application to the chair
of the University Review Committee shall be allowed to copy all
documents and the sound recording or other transcript of oral testimony
or argument heard by the committee.
- If the nonrenewal decision also involves the denial of tenure, and
if the appeal of the nonrenewal decision is supported by the University
Review Committee, then the appellant may choose to continue the appeals
process under the rules stated below in (7) The Appeal of a Decision to Deny
Tenure.
- Review of a probationary faculty member holding positions in more than one academic department.
- For every probationary faculty member who, on the effective date of
these rules, holds positions in more than one academic department, the
chancellor, in consultation with the departments and the dean or deans
involved, and with the faculty member, shall determine how cases in
which the departments disagree about the reappointment of the faculty
member of colleges disagree about recommending tenure appointment of the
faculty member shall be resolved.
- When an initial appointment letter offers an appointment involving
service in more than one academic department, or when a probationary
faculty member is offered re-assignment to more than one department, the
appointment letter or offer of re-assignment shall state how such
disagreements will be resolved. This matter shall be decided by the
chancellor after consultation with the departments and the dean or deans
involved.
- The Appeal of a Decision to Deny Tenure
(Procedures required by Wisconsin Statutes, 36.13 (2) (b),and as adopted
by Faculty Senate May 12, 1993.)
- The Chancellor may recommend the grant of tenure to the Board of
Regents without the positive decision by the appellants academic department
or functional equivalent if the following conditions are met.
- The University Review Committee has found that the decision
of the academic department or its functional equivalent was based upon
impermissible factors as defined by Wisconsin Administrative Code, UWS
3.08.
- The Ad-hoc University of Wisconsin-Whitewater Tenure Appeals
Committee decides, according to its assigned responsibilities, that
the appellant satisfies all relevant UW-Whitewater criteria for tenure.
- Composition and Formation of the Ad-hoc Tenure Appeals Committee
- The Committee shall, with the advice of the appropriate college
Dean, be selected by the Faculty Senate Executive Committee, upon the
receipt of a written request from the appellant. The request must be
filed no later than ten calendar days following the publication of the
University Review Committee decision.
- A request to form a Tenure Appeals Committee is permitted only
if the University Review Committee had elected not to remand the
case back to the academic department or functional equivalent under
UWS 3.08 (c), or if, after a remand to the academic department or functional
equivalent, the University Review Committee finds that the academic
department or functional equivalent continues to base its decision
upon impermissible factors defined under UWS 3.08.
- The Committee shall consist of five members from the appellant's
discipline or from substantially allied disciplines. Three members
shall be tenured faculty members employed at UW-Whitewater. The
remaining two members shall be tenured faculty members employed at other
accredited universities, and must have academic credentials and
qualifications that reside within the appellant's discipline.
- No member of the appellant's department or its functional
equivalent may serve on the Committee.
- The Faculty Senate Executive Committee shall name a committee
chair from among the UW-Whitewater membership.
- The Faculty Senate Executive Committee shall have twenty calendar
days from the receipt of the appellant's request to form the Committee.
- Functions of the Tenure Appeals Committee
- The Committee shall review the documentary evidence used in the
tenure decision and in the reconsideration of the decision by the
appellant's academic department or functional equivalent.
- In its review of the evidence, the Committee shall not base
its decisions upon "impermissible factors," as defined by UWS 3.08."
- The Committee shall provide answers to the following questions.
- Do the academic qualifications and credentials satisfy all
relevant credential requirements at UW-Whitewater?
- Does the appellant's professional performance satisfy the
performance standards for tenure as defined by the UW-Whitewater
Faculty Personnel Rules?
- The Tenure Appeals Committee shall reports its findings and
conclusions.
If the answer to either question, a. or b., is negative, the Committee
shall report to the Chancellor, to the appellant, to the appellant's
academic department or functional equivalent, and to the University
Review Committee that the appellant is not qualified for tenure. The
Committee report shall include rationale for the findings and conclusions
of the Committee.
An affirmative answer to both questions constitutes a positive
Committee recommendation that tenure be granted. The Committee shall
make its report of findings and conclusions to the Chancellor. The
Chancellor may subsequently recommend to the Board of Regents that
a tenured appointment be granted without a concurring recommendation
from the appellant's academic department or functional equivalent.
- The report of the Tenure Appeals Committee shall be included
in the appellant's official personnel file.
- If a negative decision is made by the Tenure Appeals Committee,
the appellant is, upon written application to the Chair of the Committee,
allowed to copy all documents, transcripts and audio recordings
possessed by the Committee.
- The Committee shall complete its work within thirty calendar
days from the date of publication of the Committee membership.
- Responsibilities of the Chancellor
- Upon receipt of the report of a positive decision by the Tenure
Appeals Committee, the Chancellor may recommend to the Board of Regents
that tenure be granted. If the Chancellor declines to recommend a tenured
appointment, the Chancellor shall report that decision to the appellant,
to the Tenure Appeals Committee, to the University Review Committee
and to the appellant's academic department or functional equivalent. Upon
the request of the appellant, the Chancellor must provide reasons
for his decision to deny tenure.
- Upon receipt of the report of a negative decision by the
Tenure Appeals Committee, the Chancellor may not recommend that
the Board of Regents grant tenure.
- The decision of the Chancellor on all appeals shall be final.
- The Campus Administration shall be responsible for the compensation
of legitimate travel expenses incurred by members of the Tenure Appeals
Committee who come from other institutions. Compensation shall be
limited to transport, lodging and meals.
- Jurisdiction
Responsibility for the proper operation and conduct of the
Tenure Appeals Committee rests with the Faculty Senate Executive
Committee which retains jurisdiction until the Tenure Appeals
Committee recommendations are submitted to the Chancellor.
- Annual Review
It shall be the responsibility of each academic department, subject to
such rules, policies, and procedures as shall be established by the
faculty of the college or by the Faculty Senate, to provide for the
annual review of the performance of every faculty member in the
department.
Actions of the Faculty Senate Implementing Chapter III of the Faculty Personnel Rules
- Definitions of Functions to be Evaluated.
The following definitions of functions to be evaluated in the review of
probationary faculty are established pursuant to III, (2), (f), 1, a, of
the University Faculty Personnel Rules:
- Teaching. The function of teaching includes formal instruction and
other instructional activities.
- Formal instruction includes all activities directly related to
the offering of instruction for credit, of which the following are
examples but not an inclusive list: establishing the objectives
of a course, assisting students in a course to solve
individual learning problems, testing and evaluating student
learning in a course, and acquiring and maintaining knowledge and
skills employed in these activities. In Learning Resources it
also includes: acquiring, organizing, locating, and delivering
information for use by instructors offering, or students
receiving, formal instruction, and for use in research; informal
instruction of students, faculty, and others in the techniques of
finding information; and participation in the management of
Learning Resources. It also includes the acquisition and
maintenance of knowledge and skills used in these activities.
- Other instructional activities would include all other work
that faculty engage in to enhance and improve their teaching.
It would include, but is not limited to: student contact that
is related to the instructional activity outside of class,
professional development activities, participation in Teaching
Enhancement Center programs, and work in or participation in
professional organizations with a focus on improved instruction.
- Research. ("Discipline," as used in this definition of research,
means "discipline, art, or profession.") Research is creative activity
evidenced by contributions to the knowledge, works, techniques, or
principles, or by demonstrations of one's mastery of the techniques or
principles, of one's discipline, in media appropriate to it, which are
or were available to critical evaluation by one's peers within the
discipline. Such contributions or demonstrations may be in the process
of completion, provided they are so far advanced as to be capable of
being evaluated. The fact that such contributions or demonstrations
have been made in connection with the attainment of education or
training, or as a public or professional service, shall not bar their
being evaluated as research. Contributions or demonstrations which are
the work of more than one person may be considered in the evaluation of
the research of one of the individuals participating in their production
if those performing the evaluation are able to identify the significant
results of the participation of the individual being evaluated.
- Professional and Public Service and Contribution to the University.
- Professional and public service consists of contributions to
one's discipline, art, or profession, or to society, provided that
such contributions are made as a practitioner of one's discipline,
art, or profession or as a representative of the University or
University System. Mere membership in an organization of
practitioners of a discipline, art, or profession does not in and
of itself constitute professional or public service. Voluntarily
developing formal instruction to meet the expressed needs of
persons who would not otherwise be students at the University and
offering formal instruction at unusual times or off-campus to meet
expressed needs of a group of prospective students constitute
public service. Performing applied research to meet an expressed
need of a disciplinary organization or a portion of society also
constitutes public service. In such cases, the formal instruction
offered or research performed shall be evaluated as teaching or
research, as the case may be, and its having been developed,
offered under unusual circumstances, and performed in response to
an expressed need shall be evaluated as professional or public
service.
- Contribution to the University includes contributions to the
governance, administration, operation, reputation, or advantage of
the University or University System not defined as teaching,
research, or professional or public service. Examples of
University service include election or appointment to University,
college, and department committees and other managerial
responsibilities; advising and counseling students or prospective
students; and evaluating students in respect to their overall
performance (as opposed to that in a particular course).
- Criteria for Evaluation.
The following criteria for evaluation of probationary faculty are
established pursuant to III, (2), (f), 1, a, of the University Faculty
Personnel Rules:
- Performance ratings defined
Performance in each of the three evaluation categories of Teaching,
Research, and Professional and Public Service/Contributions to the
University is accorded one of four ratings: 1, 2, 3 or 4.
A rating of 1 in a category means that performance in that category is
judged by the department to be far enough above the average standard of
performance in that department as to be worthy of special recognition.
A rating of 2 in a category means that performance in that category is
judged by the department to be at or above the average standard of
performance in that department.
A rating of 3 in a category means that performance in that category is
judged by the department to be below the average standard of performance
in that department, but contained in that judgment is the recognition
that there is potential for future improvement to a rating of 2.
A rating of 4 in a category means that performance in that category is
judged by the department to be below the average standard of performance
in that department, with little expectation of early improvement to a
rating of two or better.
- Teaching: Does this faculty member's teaching (as defined in I, A,
above) merit a rating of 1, 2, 3 or 4? In addressing this question, the
department or the appropriate committee might take into account such
circumstances as these:
- The department has established specific, measurable objectives
for a basic course taught by many or most members of the
department. This faculty member's students achieve those
objectives to a greater degree than (or to a lesser degree than,
or to about the same degree as) students on the average.
- The faculty member possesses unusual and useful
qualifications, compared to other departmental faculty, to
teach, or is unusually effective as a teacher for, an
identifiable group of students who have distinctive needs
(e.g., graduate students, majors, poorly prepared students,
older students, students with disabilities, members of
minority groups, women, students pursuing a particular
emphasis within a major.)
- The faculty member possesses unusual qualifications for,
or is especially effective in, teaching a particular course
or course sequence of importance to the department, other
departments, or the University is general.
- The faculty member's background, education, approach to the
discipline, or other personal quality significantly affecting the
faculty member's impact on students and colleagues, broadens and
enriches the department's teaching in a unique way.
- The faculty member is unusually effective in "other
instructional activity." (see I, A, 2 above)
- Student assessments of the faculty member's formal instruction
justify a particular rating. These are only examples, not an
exhaustive list of grounds for a particular rating.
In any case, the methods of gathering information about teaching
and the grounds for the evaluation must be clearly stated and
documented and the rating justified in sufficient detail to enable
reviewers and decision-makers at higher levels to understand its
basis and test its justification.
- Research: Has the faculty member engaged in research (as defined in
I, B, above) during the review period? If not, the faculty member must
be rated 4 in this category. Otherwise research accomplished is rated
according to the definitions above (paragraph A).
In arriving at and justifying the rating, the department or appropriate
committee may take into account the average quantity and quality of
research conducted by faculty in the department or in corresponding
departments at University Cluster and similar institutions. The methods
of gathering information about research and the grounds for the
evaluation must be clearly stated and documented and the rating
justified in sufficient detail to enable reviewers and decision-makers
at higher levels to understand its basis and test its justification.
- Professional and Public Service and Contributions to the University:
Has the faculty member engaged in services (as defined in I, C, above)
during the review period? If not, the faculty member must be rated 4 in
this category. Otherwise service accomplished is rated according to the
definitions above (paragraph A).
In arriving at and justifying the rating, the department or the
appropriate committee might bear the following in mind:
- No faculty member need be expected to perform, in any one
review period, significant service to the profession, the public,
the University, the constituency, and the department; however, it
is expected that every faculty member will perform at least some
service in any one period.
- The faculty member should be evaluated on the total
effect of his/her service at all levels.
- In arriving at and justifying the rating, the department or
appropriate committee may take into account the average quantity
and importance of service undertaken by faculty in the department,
the constituency, the University, or other University Cluster of
similar institutions.
The grounds for the evaluation must be clearly stated and
documented and the rating justified in sufficient detail to enable
reviewers and decision-makers at higher levels to understand its
basis and test its justification.
- Criteria for Probationary Reappointment:
- A probationary faculty member receiving ratings of 1, 2, and 3
must, subject to the limitations of E, 3 and 4 below, be
recommended for renewal. A probationary faculty member receiving
one or more ratings of 4 must be recommended for nonrenewal.
- During the first year of probationary service at this
university the department may choose not to rate the faculty
member in the category of research or in that of service or in
both. A rating must, however, be given for teaching.
- A probationary faculty member who has received three ratings
of 3 in the teaching category, or who has received two ratings of
3 in the teaching category in consecutive review periods, may be
recommended for nonrenewal. (Note that extenuation may be offered
under III. A. 4 or III. B. 4 below.)
- There are no other grounds related to job performance for
nonrenewal of a probationary faculty member. ("Job performance"
means performance of the functions defined in I.A, B, and C
above.)
- Criteria for reappointment with tenure: To be recommended for
tenure, a faculty member must receive ratings of 1 or 2 in all three
functions in the last review period.
- Implementation of UWS 3.04: Permissible Delays in the Completion of
Probationary Service and the Tenure Decision
- Approved leaves of absence, sabbatical leaves and teacher
improvement assignments are allowed to interrupt, but not to
shorten the probationary period.
In addition, any one or more of the following special
circumstances, when recognized as impediments to the progress
toward tenure of a probationary faculty member, may serve as a
sufficient reason for UW-Whitewater to grant an interruption in
the normal passage of the probationary period.
- Responsibilities with respect to childbirth or adoption;
- Responsibilities with respect to elder or dependent care
obligations;
- Disability or chronic illness; and
- Circumstances beyond the control of the faculty member,
when those circumstances impede the faculty member's
progress toward achieving tenure.
- Procedures for Requesting an Interruption in the Probationary
Period for Special Circumstances.
- The request must be initiated by the faculty member, be
for no more than one year, and be submitted to the faculty
member's department or program supervisor.
- The request must be documented and supported by credible
justification.
- Within twenty days of the submission of the request, the
department or program supervisor shall submit the department
or program recommendation to the dean. Within fourteen days
the dean shall submit his or her recommendation, along with
the department or program recommendation, to the provost.
- Within fourteen days of the submission of the request,
the provost shall decide whether or not to grant the
request.
- A negative decision must be based upon clear and
convincing reasons, and those reasons shall be communicated
in writing to the faculty member by the provost.
- The tenure decision will be delayed by one semester for an
interruption of one semester or less, and will be delayed for one
year for an interruption that is longer than one semester.
- Appeal of a Negative Decision
- Upon receiving notice from the provost of a denial of
the request for an interruption in the progress of the
probationary period, the faculty member may, within ten
days, appeal to the Faculty Appeals and Grievance Committee
for a hearing.
- Following consideration of the appeal, the Faculty
Appeals and Grievance Committee shall make its report and
recommendation to the Chancellor. The Faculty Appeals and
Grievance Committee has thirty days from receipt of the
appeal to hold its hearing and report to the Chancellor.
- The decision of the Chancellor is final.
- Limitations.
- Favorable action upon more than one request is
permitted, provided that the aggregate grant of time is no
more than one year. Exceptions to this rule are permitted,
but must have the concurrence of department or program
personnel committee, department or program supervisor, dean,
and provost.
- Any performance data gathered during the interruption of
the probationary period shall be used, only at the
discretion of the faculty member, in reappointment and
tenure decisions.
- If any faculty member has been in probationary status
for more than seven years, the faculty member shall be
evaluated as if he or she had been on probationary status
for 7 years.
- No application for an interruption of the probationary
period due to special circumstances will be accepted during
the twenty day interval preceding a scheduled reappointment
review.
- Criteria for Decisions.
The following written criteria for decisions about renewal of
appointments of probationary faculty are established pursuant to III,
(2), (f), a, of the University Faculty Personnel Rules:
- Criteria for Renewal of Probationary Appointment
- Does the evaluation of the faculty member's overall
performance meet the criteria identified in II, E. above? If
answer is "No," see#4.
- Has the faculty member attained the education and training
appropriately expected of tenure faculty in the discipline, or is
the faculty member progressing toward its attainment at a rate
which justifies the expectation that it will be attained before a
mandatory tenure decision is made? If answer is "No,"see#4.
- Do the staffing plans of the University, the College, and the
Department provide for the employment, during the period for which
re-appointment is being considered, of a faculty member with the
disciplinary specialization of the candidate? If answer is "No,"
see#4.
- In the absence of affirmative answers to all three of these
questions, are there compelling reasons for the re-appointment of
the faculty member? An affirmative answer must be justified. A
"No" answer to#1, or#2, or#3, along with a "No" answer to#4
precludes a decision to renew a probationary appointment.
- Criteria for Recommendation of Tenure
- Does the evaluation of the faculty member's overall
performance meet the criteria identified in II,F. above? If
answer is "No," see#4
- Has the faculty member attained the education and training
appropriately expected of tenure faculty in the discipline? If
answer is "No," see#4.
- Do the staffing plans of the University, the College, and the
Department provide for the tenure appointment of a faculty member
with the disciplinary specialization of the candidate? If answer
is "No," see#4.
- If the answer to#1,#2, or#3 is "No," are there compelling
reasons for the tenure appointment of the candidate? A "No"
answer to#1,#2, or#2, along with a "No" answer to#4, precludes
a decision to recommend tenure. A "Yes" answer to#4 must be
justified.
- College and Departmental Standards and Criteria.
Pursuant to III, (2), (f), 1, a, of the University Faculty Personnel
Rules, the tenure faculty of a college may establish higher standards
for evaluation, and additional criteria for decisions about the renewal
of appointments, of faculty holding positions in the college, and the
tenure faculty of a department may do so for faculty holding positions
in the department. In so doing, the tenure faculty of a college or
department may establish or authorize distinctions between classes of
faculty, or between groups of faculty holding different classes of
positions, provided that the bases for such distinctions are reasonable
and appropriate to the missions and needs of the college or department.
Provided that, within 30 days after exercising its authority under this
paragraph, the tenure faculty of a college or department shall report
its action to the Faculty Senate, which may within 90 days after the
report rescind the action taken. (College and departmental standards
and criteria adopted under this authority are subject to III, (2), (f),
1, b, of the Faculty Personnel Rules.)
- Rules and Procedures for Gathering Information for Use in the Evaluation of Teaching.
- Student Assessments of Teaching
Pursuant to III, (2), (f), 2, a, of the University Faculty Personnel
Rules, and in order that student assessments of teaching may be properly
employed in the evaluation of probationary faculty, and in order that
student assessment of teaching for that purpose shall not become a means
for prescribing methods of instruction, no student assessment shall be
employed in the evaluation of a probationary faculty member under III,
(2), (f), of the University Faculty Personnel Rules which has not been
gathered in accordance with the following rules:
- The means employed to elicit student assessments of formal
instruction shall allow students to assess the overall performance
of the faculty member as a teacher in a course in which the
students have been enrolled.
- The means employed shall protect the anonymity of individual
student respondents.
- The means employed shall give every student in a class a
reasonable opportunity to participate, which condition shall be
satisfied if the assessments are collected during a regularly
scheduled meeting of the class, with or without prior
announcement.
- The means employed shall insure that student assessments of
teaching are based on a reasonable amount of experience with the
formal instruction of the faculty member, which condition shall be
satisfied if the assessments are collected after at least one-half
of all scheduled class meetings have occurred and after at least
one examination or other assignments has been graded and returned
to the students.
- The means employed for gathering, analyzing, and reporting
student assessments of formal instruction shall protect the
accuracy and reliability of the assessments against bias,
tampering, or misinterpretation.
- The means employed shall insure that students who assess a
faculty member's formal instruction are told why the assessments
are being gathered and are instructed to assess the faculty
member's overall performance as a teacher in the class.
- Only student responses which assess the faculty member's
overall performance as a teacher in a class shall be reported to
evaluators of the faculty member, unless the faculty member
reports them.
- A copy of the instrument used for gathering student assessments
of teaching and the procedures governing their collection,
analysis, and reporting shall be available for examination by any
person in the departmental office.
- Departmental and College Rules Governing Student Assessments.
Additional rules and procedures governing student assessment of formal
instruction, for use in the evaluation of probationary faculty in
accordance with III, (2), (f), of the University Faculty Personnel
Rules, may be established by the faculty of a college, or in the absence
of action by a college faculty or with its authorization, by a
department, provided that such rules and procedures are not inconsistent
with these rules, the University Faculty Personnel Rules, or UWS 3 of
the Wisconsin Administrative Code.
- Other Information About Teaching.
- Pursuant to III, (2), (f), 2, b of the University Faculty
Personnel Rules, each department shall develop a plan which in
addition to student evaluation will gather information about the
teaching of probationary faculty members through the use of peer
evaluations (such as but not limited to class visitation,
inspection of syllabi and tests, and statements of objectives)
and/or any other methods not prohibited by law or the UWS or UWW
personnel rules. Such plan must be lodged with the dean of the
respective department's college. Each probationary faculty member
will receive a copy of this plan.
- The information gathered by the department may be either
information about the learning achieved by students in classes
taught by the faculty member or information about the faculty
member's teaching methods and behavior.
- Methods which a department may adopt for gathering information
about the learning achieved by students taught by the faculty
member include but are not limited to the following:
- comparing the success in advanced courses of students
taught in elementary courses by the faculty member to the
success in advanced courses of students taught in elementary
courses by others.
- comparing the performance on a common test of students
taught by the faculty member and students taught by others.
- Methods by which a department may gather information about a
faculty member's teaching methods and behavior shall be
comprehensive, not limited to a single visit to the faculty
member's classroom or to a single aspect of teaching such as
grades awarded, methods of examination, or the like.
- Counseling of a Probationary Faculty Member after a Decision to Reappoint.
- Pursuant to III, (3) of the University Faculty Personnel Rules,
following delivery to a probationary faculty member of a notice that the
renewal of the faculty member's probationary appointment has been
recommended by the department and the chancellor, a member of the
departmental agency who participated in the review and has been assigned
this duty by the agency shall counsel the faculty member about the
evaluation of the faculty member's performance, including aspects of the
performance which ought to be maintained, those which can be improved,
and ways in which the faculty member may improve or get assistance in
improving his or her performance. The counselor may employ student
assessments other than those which assess the effectiveness of the
faculty member's teaching overall.
A written summary of the conclusions shall be prepared by the counselor
and signed by both the counselor and the probationary faculty member.
The signatures shall signify only that the consultation has occurred and
that the list of subjects discussed is accurate. The summary statement
shall be retained by the department office. A copy of the summary shall
be given to the probationary faculty member.
- It is understood that a final rating of 1 or 2 indicates that any
shortcomings that resulted in a previous rating of 3 have been remedied.
- Nothing the counselor says in the counseling session shall constitute
an assurance that the faculty member will be again reappointed or obtain
tenure by accepting the counselor's recommendations or by improving his
or her performance in specified ways or to a specified extent. The
counselor shall, at the outset, inform the faculty member of this rule.
- Appeal of Nonrenewal for Probationary or Tenure Faculty Member
See Faculty Personnel Rules (Handbook, Section VI-F) Chapter III (4),
(5), and (6). Also see Handbook, Section VIII-B for Faculty Appeals
Committee and Faculty Disciplinary Hearing Committee.