Chapter UWS 11

UWS 11.25 History History: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (1) made under s. 35.17, Stats., Register May 2021 No. 785.

UWS 11.26 UWS 11.26 Suspension from duties in Title IX misconduct dismissal cases. Pending the final decision as to dismissal, an academic staff member with an indefinite appointment may not be relieved of duties, except where, after consulting with the appropriate administrative officer, the chancellor finds that substantial harm may result if the staff member is continued in the staff member’s position. Where such determination is made, the staff member may be relieved of the staff member’s position immediately, or be assigned to another administrative unit, but the staff member’s salary shall continue until the chancellor makes a decision as to dismissal, unless the chancellor also makes the determinations set forth in s. UWS 11.32 (1) in which case the suspension from duties may be without pay and the procedures set forth in s. UWS 11.32 shall apply.

UWS 11.26 History History: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

subch. IV of ch. UWS 11 Subchapter IV — Procedures for Dismissal for Cause in Special Cases – Indefinite Academic Staff Appointments

UWS 11.27 UWS 11.27 Subchapter IV definition. In this subchapter, “affected party” means any student, employee, visitor, or an individual participating in a university program or activity, who is a victim of an academic staff member’s serious criminal misconduct.

UWS 11.27 History History: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

UWS 11.28 UWS 11.28 Dismissal for cause in special cases - indefinite academic staff appointments. A member of the academic staff holding an indefinite appointment may be dismissed for serious criminal misconduct, as defined in s. UWS 11.29.

UWS 11.28 History History: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.101 and am. Register May 2021 No. 785, eff. 6-1-21.

UWS 11.29 UWS 11.29 Serious criminal misconduct.

UWS 11.29(1) (1) In this chapter, “serious criminal misconduct” means:

UWS 11.29(1)(a) (a) Pleading guilty or no contest to, or being convicted of a felony, in state or federal court, where one or more of the conditions in par. (b), (c), (d), or (e) are present, and the felony involves any of the following:

UWS 11.29(1)(a)1. 1. Causing serious physical injury to another person.

UWS 11.29(1)(a)2. 2. Creating a serious danger to the personal safety of another person.

UWS 11.29(1)(a)3. 3. Sexual assault.

UWS 11.29(1)(a)4. 4. Theft, fraud or embezzlement.

UWS 11.29(1)(a)5. 5. Criminal damage to property.

UWS 11.29(1)(a)6. 6. Stalking or harassment.

UWS 11.29(1)(b) (b) A substantial risk to the safety of members of the university community or others is posed.

UWS 11.29(1)(c) (c) The university’s ability, or the ability of the academic staff member’s colleagues, to fulfill teaching, research or public service missions is seriously impaired.

UWS 11.29(1)(d) (d) The academic staff member’s fitness or ability to fulfill the duties of their position is seriously impaired.

UWS 11.29(1)(e) (e) The opportunity of students to learn, do research, or engage in public service is seriously impaired.

UWS 11.29(2) (2) Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, shall not constitute serious criminal misconduct.

UWS 11.29(3) (3) Except as otherwise expressly provided, an academic staff member who has engaged in serious criminal misconduct shall be subject to the procedures set forth in ss. UWS 11.30 to 11.33.

UWS 11.29(4) (4) Any act required or permitted by ss. UWS 11.30 to 11.33 to be done by the chancellor may be delegated to the provost or another designee pursuant to institutional policies forwarded to the Board of Regents under s. UWS 9.02.

UWS 11.29 History History: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; 2015 Wis. Act 330 s. 20: am. (4) Register April 2016 No. 724, eff. 5-1-16; CR 20-061: renum. from UWS 11.102 and am. (1) (d), (3), (4) Register May 2021 No. 785, eff. 6-1-21.

UWS 11.30 UWS 11.30 Reporting responsibility. Any academic staff member who is charged with, pleads guilty or no contest to, or is convicted of a felony of a type listed in s. UWS 11.29 (1) (a), in state or federal court, shall immediately report that fact to the chancellor.

UWS 11.30 History History: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.103 and am. Register May 2021 No. 785, eff. 6-1-21.

UWS 11.31 UWS 11.31 Expedited process.

UWS 11.31(1) (1) Whenever the chancellor of an institution within the University of Wisconsin System receives a report under s. UWS 11.30 or other credible information that an academic staff member holding an indefinite appointment has pleaded guilty or no contest to, or has been convicted of a felony of a type listed in s. UWS 11.29 (1) (a), in state or federal court, the chancellor shall:

UWS 11.31(1)(a) (a) Within 3 working days of receipt of the report or information, inform the academic staff member of its receipt and, after consulting with appropriate institutional governance representatives, appoint an investigator to investigate the report or information and advise the chancellor as to whether to proceed under this section or ss. UWS 11.02 to 11.10 or ss. UWS 11.13 to 11.26. If the university knows the identity of an affected party, the university shall make a reasonable attempt to notify the affected party of the report or information at the same time as the academic staff member.

UWS 11.31(1)(b) (b) Upon appointing an investigator and notifying the academic staff member, afford the academic staff member 3 working days in which to request that the investigator be disqualified on grounds of lack of impartiality or other cause. In the event that the chancellor determines that a request for disqualification should be granted, the chancellor shall, within 2 working days of the determination, appoint a different investigator. The academic staff member shall have the opportunity to request that any second or subsequent investigators be disqualified on grounds of lack of impartiality or other cause.

UWS 11.31(2) (2) The investigator shall be complete and file a report with the chancellor not later than 10 working days following the investigator’s appointment.

UWS 11.31(3) (3) Within 3 working days of receipt of the investigator’s report, the chancellor shall consult with appropriate institutional governance representatives and decide whether to seek dismissal of the academic staff member pursuant to ss. UWS 11.28 to 11.33, to seek dismissal of the academic staff member pursuant to ss. UWS 11.02 to 11.10, to seek dismissal of the academic staff member pursuant to ss. UWS 11.13 to 11.25, to seek an alternative disciplinary sanction, or to discontinue the proceedings as follows:

UWS 11.31(3)(a) (a) If the chancellor decides to seek dismissal of the academic staff member pursuant to ss. UWS 11.28 to 11.33, the chancellor shall file charges within 2 working days of reaching the decision.

UWS 11.31(3)(b) (b) If the chancellor decides to seek dismissal of the academic staff member pursuant to ss. UWS 11.02 to 11.10 or ss. UWS 11.13 to 11.26, the chancellor shall file charges and proceed in accordance with the provisions of those sections of this chapter and implementing institutional policies. If, during the course of proceedings under ss. UWS 11.02 to 11.10 or ss. UWS 11.13 to 11.26, the chancellor receives a report under s. UWS 11.30 or other credible information that the academic staff member has pleaded guilty or no contest to or has been convicted of a felony of a type listed in s. UWS 11.29 (1) (a), and one or more of the factors listed in s. UWS 11.29 (1) (b) to (e) are present, the chancellor may, at that point, elect to follow the procedures for dismissal pursuant to this section.

UWS 11.31(3)(c) (c) If the chancellor decides to seek an alternative disciplinary sanction, the procedures under ch. UWS 13 or ss. UWS 11.13 to 11.26, and implementing institutional policies, shall be followed.

UWS 11.31(4) (4) If charges seeking dismissal are filed under sub. (3) (a), the academic staff member shall be afforded a hearing before the institutional standing committee charged with hearing dismissal cases and making recommendations under s. UWS 11.03. The hearing shall provide the procedural guarantees enumerated under ss. UWS 11.05 to 11.06, except that the hearing must be concluded, and written findings and a recommendation to the chancellor must be prepared, within 15 working days of the filing of charges.

UWS 11.31(5) (5) Within 3 working days of receipt of the findings and recommendation of the committee under sub. (4), the chancellor shall prepare a written decision on the matter. In the decision, the chancellor may order dismissal of the staff member, may impose a lesser disciplinary action, or may find in favor of the staff member. The staff member shall be notified of the chancellor’s decision in writing. If the university knows the identity of an affected party, the university shall make a reasonable attempt to provide the affected party a copy of the chancellor’s final decision at the same time as the academic staff member. This decision shall be deemed final unless the board, upon request of the academic staff member, grants a review based on the record.

UWS 11.31(6) (6) The administration or its representatives shall have the burden of proof to show that just cause exists for dismissal under this chapter. The administration shall demonstrate by clear and convincing evidence that the academic staff member engaged in serious criminal misconduct, as defined in s. UWS 11.29.

UWS 11.31(7) (7) The chair of the academic staff hearing body, subject to the approval of the chancellor, may extend the time limits set forth in this section if the parties are unable to obtain, in a timely manner, relevant and material testimony, physical evidence or records, or where due process otherwise requires.

UWS 11.31 History History: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 15-059: am. (1) (a), (b), (5), r. and recr. (6) Register June 2016 No. 726, eff. 7-1-16; CR 20-061: renum. from UWS 11.104 and am. (1), (3), (5), (6) Register May 2021 No. 785, eff. 6-1-21; correction in (3) (b), (5) made under s. 35.17, Stats., Register May 2021 No. 785.

UWS 11.32 UWS 11.32 Temporary suspension from duties without pay.

UWS 11.32(1) (1) The chancellor, after consulting with appropriate academic staff governance representatives, may suspend an academic staff member holding an indefinite appointment from duties without pay pending the final decision as to dismissal where:

UWS 11.32(1)(a) (a) The academic staff member has been charged with a felony of a type listed in s. UWS 11.29 (1) (a) and the chancellor, after following the provisions of s. UWS 11.31 (1) to (3), finds, in addition, that there is a substantial likelihood 1) that one or more of the conditions listed in s. UWS 11.29 (1) (b) to (e) are present, and 2) that the academic staff member has engaged in the conduct as alleged; or

UWS 11.32(1)(b) (b) The academic staff member is unable to report for work due to incarceration, conditions of bail or similar cause; or

UWS 11.32(1)(c) (c) The academic staff member has pleaded guilty or no contest to or been convicted of a felony of the type listed in s. UWS 11.29 (1) (a) and one or more of the conditions in s. UWS 11.29 (1) (b) to (e) are present.

UWS 11.32(2) (2) If the chancellor finds that the conditions in sub. (1) are present, he or she shall immediately notify the academic staff member, in writing, of the intent to impose a suspension without pay, and shall, within 2 working days, provide the academic staff member with an opportunity to be heard with regard to the matter. The academic staff member may be represented by counsel or another at this meeting.

UWS 11.32(3) (3) If, after affording the academic staff member the opportunity to be heard, the chancellor determines to suspend without pay, the chancellor shall inform the academic staff member of the suspension, in writing. The chancellor’s decision to suspend without pay under this section shall be final, except that:

UWS 11.32(3)(a) (a) If the chancellor later determines that the academic staff member should not be dismissed the chancellor may discontinue the proceedings, or may impose a lesser penalty, and except as provided in par. (b), shall order the payment of back pay for any period of the suspension for which the academic staff member was willing and able to report for work;

UWS 11.32(3)(b) (b) If the chancellor later determines to recommend or impose as a lesser penalty the suspension of the academic staff member without pay, then any period of suspension without pay so recommended or ordered shall be offset by the period of any suspension without pay actually served by the academic staff member.

UWS 11.32(4) (4) If, after affording the academic staff member the opportunity to be heard, the chancellor determines that the conditions in sub. (1) are not present or that a suspension without pay is otherwise not warranted, the provisions of s. UWS 11.08 shall apply.

UWS 11.32 History History: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.105 and am. (1) (intro.), (a), (c), renum. (3) (a) to (c) to (3) (intro.), (a), (b) and, as renumbered, am. (3) (a), (b) Register May 2021 No. 785, eff. 6-1-21; correction in (1) (a), (c) made under s. 35.17, Stats., Register May 2021 No. 785.

UWS 11.33 UWS 11.33 Board review. A member of the academic staff on an indefinite appointment who has been dismissed for serious criminal misconduct may appeal this action to the board as provided in s. UWS 11.10. If the university knows the identity of an affected party, the board shall make a reasonable attempt to notify the affected party of its decision at the same time as the academic staff member.

UWS 11.33 History History: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.106 and am. Register May 2021 No. 785, eff. 6-1-21.