Original sent by First Class Mail; Electronic copy sent to lechnir@uwosh.edu August 19, 2013 Mr. Tom Lechnir 375 Forest View Road Oshkosh, WI 54904 Dear Mr. Lechnir: This summarizes actions taken on the August 14 report of the three-member ad hoc Committee empanelled to conduct a review of your appeal. The hearing process was an ad hoc arrangement due to the unique circumstances of this case. As you know, a decision was made to not issue a new contract for employment after your original contract reached its termination date. The special review was held, out of fairness, because the earlier decision (to discontinue your rolling horizon contract resulting in a fixed term contract with a specified terminal date) was not a contract nonrenewal and thus there was no opportunity for you to appeal or request a review of that prior decision. The decision to not issue a new employment contract was made by the Athletic Director in consultation with the Vice Chancellor for Student Affairs. (Reference the letter from Vice Chancellor Roter dated May 16, 2013.) The Committee references a letter dated June 8, 2012, that outlined four areas of rationale providing the basis for the decision to not issue a new contract of employment. In reviewing each of those areas of stated rationale, the Committee unanimously found you failed to carry your burden of persuasion on the following two listed areas: (1) Fundraising and (2) Administrative Duties. The Committee made two additional findings (concluding you did successfully carry the burden of persuasion) relating to the final two listed areas: (3) Student Athlete Retention and Academic Success and (4) Community Relations and Engagement. The Committee did not make a specific recommendation. The Committee said: "The Committee is not able to determine whether those two bases standing alone are sufficient reason to refuse to grant an additional contract of employment to Mr. Lechnir. Under the circumstances, the Committee must defer to you [Chancellor Wells] on that issue." The only question under review is whether there was a material error or injustice associated with the decision to not issue a new contract of employment for you to continue to work at the University of Wisconsin Oshkosh such that the decision should be reversed. UNIVERSITY OF WISCONSIN OSHKOSH o 800 ALGOMA BLVD o OSHKOSH WI 54901-8617 (920) 424-0200 o FAX (920) 424-0010 An Equal Opportunity/Affirmative Action Institution o www.uwosh.edu When we review the Committee's findings on areas (1) and (2) as presented above, those findings by a committee of your peers include the following: (1) Relating to "Fundraising": "The Committee unanimously agrees that Mr. Lechnir failed to carry his burden of persuasion on this issue. The financial issues in the baseball stadium project simply were not presented to the Committee in a clear and concise manner. It was not made clear to the Committee that the university administration's claim of a debt owing on the project is based on unfounded, arbitrary or irrelevant assumptions of fact." (2) Relating to "Administrative Duties": "The Committee unanimously agrees that Mr. Lechnir failed to carry his burden of persuasion on this issue. Mr. Lechnir did not persuade the Committee that the university administration's conclusion on this issue was based on unfounded, arbitrary or irrelevant assumptions of fact. It seems clear that he ignored the university's procurement policies and procedures on at least one significant occasion." In the exercise of my independent judgment as Chancellor, I believe that these findings by the Committee, standing on their own, provide ample and sufficient substantiation for the administration's actions in electing to not issue a new contract of employment for continued service after the expiration of your fixed-term terminal contract. Having accepted the two Committee findings, it is not necessary for me to specifically address the two other areas (i.e. Student Athlete Retention, and Academic Success and Community Relations and Engagement). Furthermore, this personnel decision includes a review of your attitudes and actions involving your relations with the Athletic Director and others in the Division of Student Affairs as well as student athletes. Based on my review of this matter, I conclude that there is evidence of your unwillingness or inability to work cooperatively and effectively with your colleagues in the Division in addressing challenges, overcoming obstacles, and pursuing opportunities for progress in intercollegiate athletics and the broader campus community. There also is evidence of an instance of poor judgment on your part relating to a student athlete. Based on the foregoing, I conclude that sufficient grounds for the decision to decline to issue a new contract for continued employment exist. My decision is final. Pursuant to Wis. Stat., Chapter 227, and specifically, Wis. Stat., Section 227.53(1)(a)2m, if you wish to seek judicial review of this final decision, you must serve and file a petition for review within thirty days of personal service or mailing of this decision. Sincerely, Richard H. Wells Chancellor cc: Petra Roter, Vice chancellor for Student Affairs Darryl Sims, Athletic Director Tim Danielson, Human Resources Director Greg Wypiszyncki, President Senate of Academic Staff Jason Wied, Attorney Jennifer Lattis and Erin Kastberg, Office of General Counsel, UW System John Dowling, Attorney, UW Madison UNIVERSITY OF WISCONSIN OSHKOSH o 800 ALGOMA BLVD o OSHKOSH WI 54901-8617 (920) 424-0200 o FAX (920) 424-0010 An Equal Opportunity/Affirmative Action Institution o www.uwosh.edu