Chapter UWS 18

UWS 18.11(5)(a) (a) In order to permit the use of sound-amplifying equipment on university lands, if needed for the dissemination of ideas to large audiences, but to prevent its use from interfering with university functions which inherently require quiet, the following provisions shall apply:

UWS 18.11(5)(a)1. 1. No person may use sound-amplifying equipment on any lands without the permission of the chief administrative officer, except as provided in par. (b).

UWS 18.11(5)(a)2. 2. In granting or denying permission, the following principles shall govern:

UWS 18.11(5)(a)2.a. a. Except in extraordinary circumstances, permission may be granted to use the equipment only during the following hours, 12 noon to 1:30 p.m. and 5:00 p.m. to 7:00 p.m. every day, and only when the equipment is more than 50 feet from and directed away from any classroom building, residence hall, library or building being used as a study hall.

UWS 18.11(5)(a)2.b. b. An applicant for permission shall have the burden of establishing the need for amplification to communicate with the anticipated audience. In particular, the applicant must show that the audience can reasonably be anticipated to include at least 250 people.

UWS 18.11(5)(a)2.c. c. An applicant for permission shall have the burden of establishing that the volume and direction of the sound from the equipment will minimize interference with other activities.

UWS 18.11(5)(a)3. 3. Any request for the permission required by this section must be submitted in writing to the chief administrative officer at least 24 hours prior to the intended use of the sound-amplifying equipment and must be signed by a student or employee of the institution where the equipment is to be used. The request shall contain:

UWS 18.11(5)(a)3.a. a. The proposed hours, date and location where the equipment is to be used.

UWS 18.11(5)(a)3.b. b. The size of the anticipated audience and the reasons why the equipment is needed.

UWS 18.11(5)(a)3.c. c. A description of the proposed equipment which includes the manufacturer, model number, and wattage.

UWS 18.11(5)(a)3.d. d. The names of the owner of the equipment and of any person or persons, in addition to the person signing the application, who will be responsible for seeing that the equipment is operated in compliance with the terms of the permit and the provisions of this rule. The chief administrative officer may require the presence of additional persons if said officer believes this is necessary to ensure compliance.

UWS 18.11(5)(b) (b) Permits issued by the chief administrative officer shall not be required for the use of university sound-amplifying equipment used with the permission of the university employee having control of the equipment for authorized university classes, research, or meetings in university buildings, or for university sponsored academic, recreational or athletic activities, or for crowd control by authorized university officials.

UWS 18.11(5)(c) (c) For the purpose of this section, “sound-amplifying equipment” means any device or machine which is capable of amplifying sound and capable of delivering an electrical input of one or more watts to the loudspeaker.

UWS 18.11(6) (6) Persons prohibited from entering university buildings.

UWS 18.11(6)(a) (a) University buildings and the university-authorized activities that occur therein are primarily dedicated to the support of the university mission of teaching, research and service. No person may be present in any university building if his or her presence or behavior interferes with this purpose or with the university’s administrative operations, is in violation of a university policy, rule, regulation or any other provision of this chapter, or is without the consent of an authorized university official or faculty member.

UWS 18.11(6)(b) (b) Persons present in any class, lecture, laboratory, orientation, examination, or other instructional session shall be enrolled and in good standing or shall have the consent of an authorized university official or faculty member to be considered legally present.

UWS 18.11(7) (7) Persons prohibited from entering university lands.

UWS 18.11(7)(a) (a) No person, who is in a state of suspension or expulsion from the university under ch. UWS 17, or who takes leave or resigns under charges after being charged by the university under ch. UWS 17, may enter the university lands of any institution without the written consent of the chief administrative officer.

UWS 18.11(7)(b) (b) No person who is convicted of any crime involving danger to property or persons as a result of conduct by him or her on university lands may enter any university lands within 2 years of the effective date of his or her conviction without the written consent of the chief administrative officer.

UWS 18.11(7)(c) (c) In granting or denying consent to enter a campus under s. 36.35 (3), Stats., or par. (a) or (b), the following shall be considered:

UWS 18.11(7)(c)1. 1. The probability that the offensive conduct will be continued or repeated by the applicant.

UWS 18.11(7)(c)2. 2. The need for the applicant to enter university lands, for example, to attend a university disciplinary hearing in which the applicant is being tried or is to be a witness, or to receive treatment in university hospitals.

UWS 18.11(7)(d) (d) No person who has been determined to have committed serious or repeated violations of ss. UWS 18.06 to 18.12 and to whom the chief administrative officer has issued a written order prohibiting entry on university lands may enter the university lands of that institution.

UWS 18.11(7)(e) (e) The provisions of this section in no way limit the chief administrative officer from issuing a written order barring any person from entering the university lands of that institution in accordance with the chief administrative officer’s responsibility for the health, safety, and welfare of the university.

UWS 18.11(7)(f) (f) For the purposes of s. 36.35 (3), Stats., and par. (b), “crime involving danger to property or persons” shall mean any crime defined in ch. 940, Stats. (crimes against life and bodily security); s. 941.12, Stats. (interfering with fire fighting); s. 941.13, Stats. (false alarms); s. 941.20, Stats. (endangering safety by use of dangerous weapon); s. 941.21, Stats. (disarming a peace officer); s. 941.23, Stats. (carrying concealed weapon); s. 941.235, Stats. (carrying firearm in public building); s. 941.24, Stats. (possession of switchblade knife); s. 941.26, Stats. (machine guns and other weapons); s. 941.28, Stats. (possession of short-barreled shotgun or short-barreled rifle); s. 941.29, Stats. (possession of firearm); s. 941.295, Stats. (possession of electric weapon); s. 941.30, Stats. (recklessly endangering safety); s. 941.32, Stats. (administering dangerous or stupefying drug); s. 941.37, Stats. (obstructing emergency or rescue personnel); s. 943.01, Stats. (criminal damage to property); s. 943.02, Stats. (arson of buildings; damage of property by explosives); s. 943.03, Stats. (arson of property other than building); s. 943.05, Stats. (placing of combustible materials an attempt); s. 943.06, Stats. (Molotov cocktails); s. 943.10, Stats. (burglary); s. 943.11, Stats. (entry into locked vehicle); s. 943.14, Stats. (criminal trespass to dwellings); s. 943.32, Stats. (robbery); s. 944.20, Stats. (lewd and lascivious behavior); s. 946.41, Stats. (resisting or obstructing officer); s. 947.015, Stats. (bomb scares); s. 167.10, Stats. (fireworks regulated); or attempts to commit any of the above crimes as defined in s. 939.32, Stats.

UWS 18.11 Note Note: Section 941.24, Stats., was repealed by 2015 Wis. Act 149.

UWS 18.11(8) (8) Selling, peddling and soliciting. No person may sell, peddle or solicit for the sale of goods, services, or contributions on any university lands except in the case of:

UWS 18.11(8)(a) (a) Specific permission in advance from a specific university office or the occupant of a university house, apartment, or residence hall for a person engaged in that activity to come to that particular office, house, apartment, or residence hall for that purpose.

UWS 18.11(8)(b) (b) Sales by an individual of personal property owned or acquired by the seller primarily for his/her own use pursuant to an allocation of space for that purpose by an authorized university official.

UWS 18.11(8)(c) (c) Sales of newspapers and similar printed matter outside university buildings.

UWS 18.11(8)(d) (d) Subscription, membership, ticket sales solicitation, fund-raising, selling, and soliciting activities by or under the sponsorship of a university or registered student organization pursuant to a contract with the university for the allocation or rental of space for that purpose.

UWS 18.11(8)(e) (e) Admission events in a university building pursuant to contract with the university, and food, beverage or other concessions conducted pursuant to a contract with the university.

UWS 18.11(8)(f) (f) Solicitation of political contributions under ch. 11, Stats., and institutional regulations governing time, place and manner.

UWS 18.11(9) (9) Campaigning in state-owned residence halls.

UWS 18.11(9)(a) (a) The residence halls students of each institution, subject to the approval of the chief administrative officer, shall establish policies and procedures assuring that political literature may be distributed and political campaigning may be conducted in state-owned residence halls consistent with the rights of residence halls students, and prescribing the time, place and manner in which these activities may be conducted.

UWS 18.11(9)(b) (b) Where appropriate and consistent with the rights of residence halls students, the policies and procedures developed under this subsection shall apply to all residence halls at an institution. Matters to be addressed in institutional policies and procedures shall include at least the following:

UWS 18.11(9)(b)1. 1. The hours of the day and the time of year, if any, to which particular activities shall be limited.

UWS 18.11(9)(b)2. 2. The locations in residence halls, if any, to which particular activities shall be limited.

UWS 18.11(9)(b)3. 3. Any requirement for registering or obtaining permission to enter a residence hall before engaging in a particular activity.

UWS 18.11(9)(c) (c) Notwithstanding s. UWS 18.14, institutional policies and procedures developed pursuant to this subsection shall be reported to the Board of Regents for approval.

UWS 18.11(9)(d) (d) Institutional policies and procedures developed pursuant to this subsection shall be available at each residence hall, at the office of each chief administrative officer of an institution, and at the office of the secretary to the Board of Regents.

UWS 18.11 History History: CR 08-099: (1) to (7) (c), (f), (8) and (9) renum. from UWS 18.06 (46), (30), (33), (23), (25), (21), (22) (a) to (d), (16) and (16m) and am. (5) (a) 1., (6), (8) (intro.), (a), (c) and (9) (c), cr. (title), (7) (d) and (e) Register August 2009 No. 644, eff. 9-1-09; corrections in (4) (d), (6) (title) and (7) (title) made under s. 13.92 (4) (b) 2. and 7., Stats., Register August 2009 No. 644; 2015 Wis. Act 330 s. 20: am. (9) (c), (d) Register April 2016 No. 724, eff. 5-1-16.

UWS 18.12 UWS 18.12 Property offenses.

UWS 18.12(1) (1) Computer data, programs, equipment or supplies. No person may willfully, knowingly and without authorization do or attempt to do any of the following:

UWS 18.12(1)(a) (a) Modify, destroy, access, take possession of or copy data, computer programs or supporting documentation;

UWS 18.12(1)(b) (b) Disclose restricted access codes or other restricted access information to a person not authorized to possess such codes or information;

UWS 18.12(1)(c) (c) Modify, destroy, use, take or damage a computer, computer system or computer network;

UWS 18.12(1)(d) (d) Modify, destroy, use, take or damage any equipment or supplies used, or intended to be used, in a computer, computer system or computer network.

UWS 18.12(1)(e) (e) Cause an interruption in service by submitting a message or multiple messages to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network.

UWS 18.12(2) (2) Fraud in university accommodations or eating places.

UWS 18.12(2)(a) (a) No person may, after having received any food, lodging or other service or accommodation at any university housing facility or eating place, intentionally abscond without paying for it.

UWS 18.12(2)(b) (b) No person may, while in any university housing or lodging facility or eating place, intentionally defraud the university or its employees or agents in charge of the facility or eating place, in any transaction arising out of the relationship as a user of the housing or lodging facility or eating place.

UWS 18.12(2)(c) (c) In this subsection, prima facie evidence that the person intentionally absconded without paying for the food, lodging or other service or intentionally defrauded the university or its employees or agents has the meaning and includes the items of proof set forth in s. 943.21 (2), Stats.

UWS 18.12(3) (3) Issue of worthless check.

UWS 18.12(3)(a) (a) No person may issue any check or other order for the payment of money in an amount not more than $2,500 which, at the time of issuance, he or she intends shall not be paid.

UWS 18.12(3)(b) (b) In this subsection, prima facie evidence that the person, at the time he or she issued the check or other order for the payment of money, intended it should not be paid, has the meaning and includes the items of proof set forth in s. 943.24, Stats.

UWS 18.12(3)(c) (c) This subsection does not apply to a postdated check or to a check given for past consideration, except a payroll check.

UWS 18.12(4) (4) Library materials.

UWS 18.12(4)(a) (a) No person may intentionally take, carry away, transfer, conceal or retain possession of any library material without the consent of a library official, agent or employee and with the intent to deprive the library of possession of the material.

UWS 18.12(4)(b) (b) The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library’s procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.

UWS 18.12(5) (5) Retail theft.

UWS 18.12(5)(a) (a) No person may intentionally alter indicia of price or value of merchandise or take and carry away, transfer, conceal or retain possession of merchandise held for resale by a merchant, or property of the merchant, without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise.

UWS 18.12(5)(b) (b) No person may intentionally remove a theft detection device from merchandise, or use a theft detection shielding device, without the merchant’s consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise.

UWS 18.12(5)(c) (c) In this subsection, “merchant” includes any “merchant” as defined in s. 402.104 (3), Stats., and any vendor or bookstore authorized to sell in university buildings or on university lands.

UWS 18.12(5)(d) (d) In this subsection, “theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant, and “theft detection shielding device” means any laminated or coated bag or device designed to shield such merchandise from detection by an electronic or magnetic theft alarm sensor.

UWS 18.12(6) (6) Theft.

UWS 18.12(6)(a) (a) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of under $100, without consent and with the intent to deprive the owner permanently of such property.

UWS 18.12(6)(b) (b) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of at least $100 but not more than $1,000, without consent and with the intent to deprive the owner permanently of such property.

UWS 18.12(7) (7) Use of cheating tokens. No person may obtain the property or services of another by depositing anything which he or she knows is not lawful money or is an unauthorized token in any receptacle used for the deposit of coins or tokens.

UWS 18.12(8) (8) Vandalism. No person may break, tear up, mar, destroy or deface any notice, tree, vine, shrub, flower or other vegetation, or dislocate any stones, or disfigure natural conditions, or deface, alter, destroy or damage in any way any other property, real or personal, within the boundaries of any university lands unless authorized by the chief administrative officer.

UWS 18.12 History History: CR 08-099: (1) to (5) (a), (c), (6) to (8) renum. from UWS 18.06 (45), (38), (37), (50), (31) (a) and (b), (41), (39) and (4) and am. (3) (a) and (6) (b), cr. (title), (1) (e), (2) (c), (5) (b) and (d) Register August 2009 No. 644, eff. 9-1-09.

UWS 18.13 UWS 18.13 Penalties. Unless otherwise specified, the penalty for violating any of the rules in ss. UWS 18.06 to 18.12 shall be a forfeiture of not more than $500, as provided in s. 36.11 (1) (c), Stats.

UWS 18.13 Note Note: Violations of the rules in ss. UWS 18.06 to 18.12 will be processed in accordance with the citation procedure established in s. 778.25, Stats.

UWS 18.13 History History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. Register, November, 1991, No. 431, eff. 12-1-91; CR 08-099: renum. from UWS 18.07 and am. Register August 2009 No. 644, eff. 9-1-09.

UWS 18.14 UWS 18.14 Institutional regulations. Institutional regulations promulgated under ss. UWS 18.04 to 18.12 shall take effect when filed with the secretary of the board.

UWS 18.14 History History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; CR 08-099: renum. from UWS 18.09 and am. Register August 2009 No. 644, eff. 9-1-09.

UWS 18.15 UWS 18.15 Additional statutory penalty provisions regulating conduct on university lands.

UWS 18.15(1) (1) Controlled substances. The use or possession of controlled substances as defined in s. 961.01 (4), Stats., is prohibited on all university property with the specific exemptions set forth in ch. 961, Stats., and as permitted under s. 961.34, Stats. The penalty provisions of ch. 961, Stats., and chs. UWS 17 and 18 may apply to violations occurring on university lands.

UWS 18.15(2) (2) Student convicted of dangerous and obstructive crime. Section 36.35 (3), Stats., provides: “Any person who is convicted of any crime involving danger to property or persons as a result of conduct by him which obstructs or seriously impairs activities run or authorized by an institution and who, as a result of such conduct, is in a state of suspension or expulsion from the institution, and who enters property of that institution without permission of the chancellor of the institution or the chancellor’s designee within 2 years, may for each such offense be fined not more than $500 or imprisoned not more than 6 months, or both.”

UWS 18.15 History History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. (1), Register, November, 1991, No. 431, eff. 12-1-91; correction in (2) made under s. 13.93 (2m) (b) 7, Stats., Register, November, 1991, No. 431; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 08-099: renum. from UWS 18.10 and am. Register August 2009 No. 644, eff. 9-1-09.