General Counsel
FAQ: Tenure and Appointments
This document provides a summary of the law in this area and answers questions frequently asked of attorneys in the Office of General Counsel. However, the information presented here is intended for informational purposes only and nothing in this document should be construed or relied upon as legal advice. The Office of General Counsel or your Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.
Revised 11/24/2010
Q.
Pending the final decision of dismissal of a tenured
faculty, may that person be relieved of his or her duties?
A. Ordinarily, the faculty member will not be suspended
from his or her duties. If, however, the chancellor,
after consultation with appropriate faculty committees,
finds that substantial harm might result if the faculty
member were to stay in his or her position, the individual
may be suspended. In such cases, the faculty member's
salary will continue until the Board makes its decision
as to whether dismissal should be granted.
Q.
Does my department or committee have to provide notice
of meetings relating to tenure?
A. A tenure candidate must be given actual notice of
any evidentiary hearing that may be held before final
action on the tenure decisions and before any meeting
at which final action may be taken. This notice must
contain a statement that the candidate has the right
to demand that the evidentiary hearing or meeting be
held in open session. If the tenure candidate demands
an open session, then the public notice requirements
of Wisconsin's Open Meetings Law apply.
Section 19.85(1)(b ), Wis. Stats.
Q.
If I serve on a committee that recommends a denial of
tenure or a nonrenewal of an appointment, can I be sued?
A. In some instances, service on a committee recommending
the nonrenewal of a faculty member may lead to being
named in a lawsuit. Because such committee service
is one of the duties of faculty employment, however,
the UW System, through the Wisconsin Department of
Justice, will, in virtually all circumstances, be
able to provide you with legal representation and
indemnification. See sections 893.82 and 895.46, Wis.
Stats.