Chapter UWS 8

UWS 8.03(1)(c) (c) No member of the unclassified staff may intentionally use or disclose confidential university information in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family or for any other person or organization with which the staff member is associated.

UWS 8.03(2) (2) Contracting and leasing.

UWS 8.03(2)(a) (a) No member of the unclassified staff, member of his or her immediate family, nor any organization with which an unclassified staff member is associated, may enter into any contract or lease involving payments of $3,000 or more within a 12 month period, derived in whole or in part from university funds, if the staff member is in a position to approve or influence, in his or her official capacity, the university’s decision to enter into the contract or lease.

UWS 8.03(2)(b) (b) If the staff member is not in a position to approve or influence the university’s decision, the staff member may enter into a contract or lease described in par. (a) if the staff member first makes written disclosure of the nature and extent of any relationship described in par. (a) to the dean, director, or other appropriate administrator and he or she approves. The dean, director or other appropriate administrator shall approve a staff member’s interest in a lease or contract unless he or she determines that the staff member’s personal interest in the agreement will conflict substantially and materially with the staff member’s discharge of his or her university responsibilities.

UWS 8.03(2)(c) (c) This subsection does not affect the application of s. 946.13, Stats.

UWS 8.03(3) (3) Nepotism.

UWS 8.03(3)(a) (a) No member of the unclassified staff may participate, formally or informally, in the decision to hire, retain, grant tenure to, promote or determine the salary of a member of his or her immediate family.

UWS 8.03(3)(b) (b) No member of the unclassified staff may, in the supervision or management of another unclassified staff member who is a member of his or her immediate family, give preferential or favored treatment.

UWS 8.03(4) (4) Student research protection. A member of the unclassified staff shall inform students engaged in research under his or her supervision of any financial interest which the unclassified staff member has in the research activity, including, but not limited to, financial arrangements involved in the direct support of the activity, agreements made by the unclassified staff member to obtain data for the research, or agreements concerning copyright or patent rights arising from the research.

UWS 8.03(5) (5) Waiver. The board may, upon written request and by action within a reasonable time of receipt thereof, waive any provision of this section whenever its literal application would be adverse to the best interests of the University of Wisconsin System or would work an unreasonable hardship on a member of the unclassified staff.

UWS 8.03 History History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330 s. 20: am. (1) (a), (5) Register April 2016 No. 724, eff. 5-1-16.

UWS 8.035 UWS 8.035 Institutional ethics committee. Each institution shall establish a committee, or designate an existing committee, whose function shall be to provide to any member of the unclassified staff consultation and advice on the application of this chapter. Committee deliberations and actions upon requests for consultation or advice shall be in meetings not open to the public. Records obtained in connection with requests for consultation or advice shall be considered confidential university information. However, summaries of advice provided by institutional ethics committees, which do not disclose the identities of persons requesting such advice, shall be made public in an annual report.

UWS 8.035 History History: Cr. Register, January, 1986, No. 361, eff. 2-1-86.

UWS 8.04 UWS 8.04 Action to avoid possible conflict.

UWS 8.04(1) (1) When it appears that a material conflict may arise between the personal interests of a staff member and his or her public responsibilities to the university, the staff member shall notify his or her dean, director, or other appropriate administrator by submitting a written statement describing the nature of the possible conflict.

UWS 8.04(2) (2) Within 15 days after receipt of the statement, the dean, director or other appropriate administrator shall advise the staff member in writing that:

UWS 8.04(2)(a) (a) There is no conflict prohibited by this chapter and the staff member may proceed; or

UWS 8.04(2)(b) (b) There may be a conflict and further consultation is necessary prior to reaching a determination; or

UWS 8.04(2)(c) (c) There is a conflict which must be resolved in one of the following ways:

UWS 8.04(2)(c)1. 1. The staff member shall not proceed with his or her university duties which result in the conflict, so long as the conflict remains; or

UWS 8.04(2)(c)2. 2. The staff member shall not proceed with his or her personal interests which result in the conflict, so long as the conflict remains.

UWS 8.04(3) (3) If the staff member is advised that sub. (2) (c) 1. or 2. applies to his or her case, the staff member, within 15 days after notice of the decision of the dean, director, or other appropriate administrator, may appeal the decision under ch. UWS 6 or 13.

UWS 8.04 History History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86.

UWS 8.05 UWS 8.05 Sanctions.

UWS 8.05(1) (1) Any person may file a written complaint charging a violation of this chapter. The complaint shall state the name of the member of the unclassified staff alleged to have committed a violation and describe the violation.

UWS 8.05(2) (2) A complaint involving a member of the unclassified staff serving within system administration shall be submitted to the president for investigation and disposition in accordance with system administration policies and procedures adopted pursuant to ch. UWS 11 or s. UWS 13.01, as appropriate.

UWS 8.05(3) (3) A complaint involving a member of the faculty or the academic staff serving at an institution of the University of Wisconsin System shall be submitted to the appropriate chancellor.

UWS 8.05(3)(a) (a) Where the complaint is against a faculty member, the chancellor shall proceed under the policies and procedures adopted by his or her institution pursuant to ch. UWS 4 or s. UWS 6.01, as appropriate.

UWS 8.05(3)(b) (b) Where the complaint is against a member of the academic staff, the chancellor shall proceed under the policies and procedures the institution has adopted pursuant to ch. UWS 11 or s. UWS 13.01, as appropriate.

UWS 8.05(4) (4) Complaints involving limited appointees serving at an institution of the University of Wisconsin System shall be submitted to the official who made the appointment and that official shall take appropriate action.

UWS 8.05(5) (5) Notwithstanding the other provisions of this section, the president or a chancellor may investigate possible violations of this chapter whenever the circumstances warrant and proceed in accordance with subs. (1) to (4).

UWS 8.05 Note Note: For possible criminal penalties for intentional violations of this chapter, see s. 19.58, Stats.

UWS 8.05 History History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330 s. 20: am. (3), (4) Register April 2016 No. 724, eff. 5-1-16.

UWS 8.06 UWS 8.06 Reports. The president, vice presidents, chancellors, and all contracting personnel shall annually, on or before April 30, file a statement of economic interest with the secretary. The statements shall be filed on a form provided by the secretary, and shall be considered matters of public record. The statements shall contain the information required by s. 19.44, Stats.

UWS 8.06 Note Note: This section makes public the statements of economic interest filed with the secretary of the board by the president, vice presidents, chancellors and all contracting personnel. It specifies that the statement is to contain the information specified in s. 19.44, Stats., which sets forth the form of the statement of economic interests filed by public officials governed by the state ethics code.

UWS 8.06 History History: Cr. Register, June, 1975, No. 234, eff. 7-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.