Section 5.13. Hearing procedure.

 

(1)  If the faculty hearing committee requests, the chancellor shall provide legal counsel to the committee. The hearing shall be closed unless the faculty member whose position has been recommended for elimination requests an open hearing, in which case it shall be open (see subch. V of ch. 19 , Stats., Open Meeting Law).

(2)  The faculty hearing committee may, on motion of either party, disqualify any one of its members for cause by a majority vote. If one or more of the faculty hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the faculty equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the faculty establishing the standing committee under s. UWS 5.11 . No faculty member who participated in the decision to lay off or who is a material witness may sit in on the hearing committee.

(3)  The faculty member shall be given at least 10 days notice of the hearing; such hearing shall be held not later than 20 days after the request except that this time limit may be extended by mutual consent of the parties or by order of the hearing committee.

(4)  The faculty member shall have access to the evidence on which the administration intends to rely to support the decision to lay off, and shall be guaranteed the following minimal procedural safeguards at the hearing:

(a) A right to be heard in his or her own behalf;

(b) A right to counsel and/or other representatives, and to offer witnesses;

(c) A right to confront and cross-examine adverse witnesses;

(d) A verbatim record of the hearing, which might be a sound recording, provided at no cost;

(e) Written findings of fact and decision based on the hearing record; and

(f) Admissibility of evidence governed by s. 227.45 (1) to (4) , Stats.

(5)  Adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made.

History: Cr. Register, January, 1975, No. 229 , eff. 2-1-75, correction in (4) (f) made under s. 19.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474 ; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544 ; correction in (4) (f) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617 .