Current through August 26, 2024
(1) The chancellor, after consulting with
appropriate faculty governance representatives, may suspend a faculty member
from duties without pay pending the final decision as to the faculty member's
dismissal where:
(a) The faculty member has
been charged with a felony of a type listed in s.
UWS 7.02(1)
(a) and the chancellor, after following the
provisions of s.
UWS 7.05(1) through
(3), finds, in addition, that there is a
substantial likelihood 1) that one or more of the conditions listed in s.
UWS 7.02(1) (b)
through (e) are present, and 2) that the
faculty member has engaged in the conduct as alleged; or
(b) The faculty member is unable to report
for work due to incarceration, conditions of bail or similar cause;
or
(c) The faculty member has
pleaded guilty or no contest to or been convicted of a felony of a type listed
in s.
UWS 7.02(1)
(a) and one or more of the conditions listed
in s.
UWS 7.02(1) (b)
through (e) are present.
(2) If the chancellor finds that the
conditions in sub. (1) are present, he or she shall immediately notify the
faculty member, in writing, of the intent to impose a suspension without pay,
and shall, within 2 working days, provide the faculty member with an
opportunity to be heard with regard to the matter. The faculty member may be
represented by counsel or another at this meeting.
(3) If, after affording the faculty member
the opportunity to be heard, the chancellor determines to suspend without pay,
the chancellor shall inform the faculty member of the suspension, in writing.
The chancellor's decision to suspend without pay under this section shall be
final, except that:
(a) If the chancellor
later determines that the faculty member should not be dismissed, the
chancellor may discontinue the proceedings, or may recommend a lesser penalty
to the board, and, except as provided in par. (c), shall order the payment of
back pay for any period of the suspension for which the faculty member was
willing and able to report for work.
(b) If the board later determines that the
faculty member should not be dismissed, the board may order a lesser penalty
and shall order the payment of back pay for any period of the suspension for
which the faculty member was willing and able to report for work.
(c) If the chancellor or board later
determines, under par. (a) or (b), to recommend or impose as a lesser penalty
the suspension of the faculty member without pay, then any period of suspension
without pay so recommended or ordered shall be offset by the period of any
suspension without pay actually served by the faculty member.
(4) If, after affording the
faculty member the opportunity to be heard, the chancellor determines that the
conditions in sub. (1) are not present or that a suspension without pay is
otherwise not warranted, the provisions of s.
UWS 4.09
shall apply.
