01-1899 Board of Regents of the University of Wisconsin System v. State of Wisconsin Personnel Commission

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“Brenon’s property interest in his employment and livelihood existed not only when UWM sought to initially terminate him, but also when it sought to introduce evidence of misconduct to show termination to limit his award of back pay. As a result, UWM could not introduce evidence of his subsequent misconduct without adequate notice and hearing. Adequate notice and hearing must follow the due process requirements discussed in Loudermill. Such notice and hearing is consistent with policies of security of tenure and impartial evaluation prior to deprivation of this property interest in employment. See Watkins, 88 Wis. 2d at 420. UWM concedes that it did not provide any such notice to Brenon prior to its introduction of this evidence at the remedy hearing. Adequate notice should have been provided to Brenon at the time that UWM would have acted on the misconduct. The Commission relied on this lack of notice in justifying its decision to exclude the evidence. Lack of notice provided a reasonable basis for the exclusion of the evidence.”

Affirmed in part, and reversed in part.

Appeal from a judgment of the Circuit Court for Dane County, Nowakowski, J., Bablitch, J.

Attorneys:

For Appellant: Paul R. Erickson, Milwaukee

For Respondent: Kristine A. (Edwards) Long, Madison