4. Notice of the student respondent’s right to a hearing.
Section 10. UWS 17.11 (4)(b) is amended to read:
(b) The written report shall be delivered simultaneously to the student respondent and complainant, excluding any information that may be precluded by applicable state or federal law.
Section 11. UWS 17.11 (4)(c)(intro) is amended to read:
(c) A student respondent who receives a written report under this section has the right to a hearing under s. UWS 17.12 to contest the determination that nonacademic misconduct occurred, the choice of disciplinary sanctions, or both. Section 12. UWS 17.11 (4)(c)1 and 2 is amended to read:
1. Where the disciplinary sanction sought is one of those listed in s. UWS 17.10 (1) (a) to (g), and if the student respondent desires a hearing, the student respondent shall file a written request with the student affairs officer within 10 days of the date the written report is delivered to the respondent. If the student respondent does not request a hearing within this period, the determination of nonacademic misconduct shall be regarded as final, and the disciplinary sanction sought shall be imposed. 2. Where the disciplinary sanction sought is one of those listed in s. UWS 17.10 (1) (h) to (j), the investigating officer shall forward a copy of the written report under par. (b) to the student affairs officer. The student affairs officer shall, upon receipt of the written report, proceed under s. UWS 17.12 to schedule a hearing on the matter. A hearing shall be conducted unless the student respondent waives, in writing, the right to such a hearing. Section 13. UWS 17.12 (1), (2), and (3) are amended to read:
(1) A student respondent who requests a hearing, or for whom a hearing is scheduled under s. UWS 17.11 (4) (c) 2., shall have the right to decide whether the matter will be heard by a hearing examiner or a hearing committee. In cases of sexual assault, dating violence, domestic violence, stalking or sexual harassment the university shall have the right to decide whether the matter will be heard by a hearing examiner or a hearing committee. (2) If a student respondent requests a hearing under s. UWS 17.11 (4) (c) 1., or a hearing is required to be scheduled under s. UWS 17.11 (4) (c) 2., the student affairs officer shall take the necessary steps to convene the hearing and shall schedule it within 15 days of receipt of the request or written report. The hearing shall be conducted within 45 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the student respondent and investigating officer, or is ordered or permitted by the hearing examiner or committee. (3) No less than 5 days in advance of the hearing, the hearing examiner or committee shall obtain from the investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based, and shall provide the student respondent and the complainant with access to or copies of the investigating officer's explanation, together with any other materials provided to the hearing examiner or committee by the investigating officer, including any additional available information of the type described in s. UWS 17.11 (4) (a) 2.
Section 14. UWS 17.12 (4)(b) is amended to read:
(b) The student respondent shall have the right to question adverse witnesses, the right to present information and witnesses, the right to be heard on his or her own behalf, and the right to be accompanied by an advisor of the student respondent’s choice. The advisor may be a lawyer. In cases where the recommended disciplinary sanction is identified in s. UWS 17.10 (1) (a) to (h), the advisor may counsel the student respondent but may not directly question adverse witnesses, present information or witnesses, or speak on behalf of the student respondent except at the discretion of the hearing examiner or committee. In cases where the recommended disciplinary sanction is identified in s. UWS 17.10 (1) (i) or (j), or where the student respondent has been charged with a crime in connection with the same conduct for which the disciplinary sanction is sought, the advisor may question adverse witnesses, present information and witnesses, and speak on behalf of the student respondent. In accordance with the educational purposes of the hearing, the student respondent is expected to respond on his or her own behalf to questions asked of him or her during the hearing. The complainant shall have all the rights provided to the respondent in this subsection.
Section 15. UWS 17.12(4)(c)3. is amended to read:
3. May take reasonable steps to maintain order, and to adopt procedures for the questioning of a witness appropriate to the circumstances of that witness's testimony, provided, however, whatever procedure is adopted, the student is complainant and respondent are allowed to effectively question the witness.
Section 16. UWS 17.12 (4)(d) is amended to read:
(d) The hearing examiner or committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. The respondent and the complainant may access the record, except as may be precluded by applicable state or federal law.
Section 17. UWS 17.12 (4)(f)3. is amended to read:
3. A preponderance of the evidence, regardless of the sanction to be imposed, in all cases of sexual harassment and, sexual assault, dating violence, domestic violence or stalking.
Section 18. UWS 17.12(4)(h), (i), (j), and (k) are amended to read:
(h) The hearing shall be conducted by the hearing examiner or committee, and the university's case against the student respondent shall be presented by the investigating officer or his or her designee.
(i) The decision of the hearing examiner or committee shall be prepared within 14 days of the hearing, and delivered simultaneously to the student respondent and the complainant, excluding information that may be precluded by state or federal law. The decision shall become final within 14 days of the date on the written decision, unless an appeal is taken under s. UWS 17.13. (j) If a party fails to appear at a schedule hearing and to proceed, the hearing examiner or committee may either dismiss the case or, issue a decision based upon the information provided, find that the student committee the misconduct alleged.
(k) Disciplinary hearings are subject to the Wisconsin open meetings law and may be closed if the student whose case is being heard respondent or complainant requests a closed hearing or if the hearing examiner or committee determines that it is necessary to hold a closed hearing, as permitted under the Wisconsin open meetings law. Deliberations of the committee shall be held in closed session, in accordance with s. 19.85, Stats. As such, proper notice and other applicable rules shall be followed. Section 19. UWS 17.13(1) is amended to read:
(1) Where the sanction prescribed by the hearing examiner or committee is one of those listed in s. UWS 17.10 (1) (h) to (j), the student respondent may appeal in writing to the chief administrative officer within 14 days of the date of the written decision to review the decision of the hearing examiner or committee, based upon the record. In such a case, the chief administrative officer has 30 days from receipt of the student’s appeal to respond and shall sustain the decision of the nonacademic misconduct hearing examiner or committee unless the chief administrative officer finds any of the following: In cases involving sexual assault, dating violence, domestic violence, stalking or sexual harassment, the complainant shall be notified of the appeal. Section 20. UWS 17.13(1) (a), (b), and (c) are repealed.
Section 21. UWS 17.13(2) is repealed.
Section 22. UWS 17.13(2) (intro.), (a), and (b) are created to read:
(2) In cases involving sexual assault, dating violence, domestic violence, stalking or sexual harassment, the following appeal rights shall be provided:
(a) The complainant may appeal in writing to the chief administrative officer within 14 days of the date of the decision of the investigating officer pursuant to s. UWS 17.11(3), the hearing committee, or examiner pursuant to s. UWS 17.12(i). The appeal shall be based upon the record. The respondent shall be notified of the appeal. (b) The respondent may appeal in writing to the chief administrative officer within 14 days of the date of the decision of the hearing committee, or examiner pursuant to s. UWS 17.12(i). The appeal shall be based upon the record. The complainant shall be notified of the appeal. Section 23. UWS 17.13(3) (intro.), (a), (b), and (c) are created to read:
(3) The chief administrative officer has 30 days from receipt of an appeal to respond and shall sustain the decision unless the chief administrative officer finds any of the following:
(a) The information in the record does not support the findings or decision.
(b) Appropriate procedures were not followed which resulted in material prejudice to the respondent or complainant.
(c) The decision was based on factors proscribed by state or federal law.
Section 24. UWS 17.13(4) is created to read:
(4) If the chief administrative officers makes a finding under sub. (3), the chancellor may return the matter for consideration, or may invoke an appropriate remedy of his or her own. The chief administrative officer’s decision shall be communicated simultaneously to the respondent and the complainant. Section 25. UWS 17.14 is amended to read:
UWS 17.14 Discretionary appeal to the board of regents. Institutional decisions under ss. UWS 17.11 to 17.13 shall be final, except that the board of regents may, at its discretion, grant a review upon the record, upon written request submitted by any party within 14 days of the final institutional decision. In cases involving sexual assault, dating violence, domestic violence, stalking or sexual harassment, the non-appealing party shall receive notice of the appeal. Section 26. UWS 17.15 is amended to read:
UWS 17.15 Settlement. The procedures set forth in this chapter allow the university and a student respondent to enter into a settlement agreement regarding the alleged misconduct, after proper notice has been given. Any such agreement and its terms shall be in writing and signed by the student respondent and the investigating officer or student affairs officer. The case is concluded when a copy of the signed agreement is delivered to the student respondent. The investigating officer shall confer with the complainant regarding the proposed settlement and provide notice of the outcome.
Section 27. UWS 17.16 is amended to read:
UWS 17.16 Effect of discipline within the institution. A student respondent who, at the time of commencement, is subject to a continuing disciplinary sanction under s. UWS 17.10 (1) or unresolved disciplinary charges as a result of a report under s. UWS 17.11, shall not be awarded a degree during the pendency of the sanction or disciplinary proceeding. Section 28. UWS 17.17 (2), (3), (4), and (5) are amended to read:
(2) A student An individual who is suspended from one institution in the University of Wisconsin System may not enroll in another institution in the system until the suspension has expired by its own terms, except as provided in s. UWS 17.18. (3) A student An individual who is expelled from one institution in the University of Wisconsin System may not enroll in another institution in the system, except as provided in s. UWS 17.18. (4) A person An individual who is in a state of suspension or expulsion from the university under this chapter, or who leaves or withdraws from the university while under nonacademic misconduct charges under this chapter, may not be present on any campus without the written consent of the chief administrative officer of that campus.
(5) Upon completion of a suspension period, an student individual who is academically eligible may re-enroll in the institution which suspended him or her, provided all conditions from previous disciplinary sanctions have been met.
Section 29. UWS 17.18 is amended to read:
