CR 20-007 Rule Text

SECTION 2. UWS 17.11 (1g) is created to read:

UWS 17.11 (1g) Mandatory investigation and hearing. The investigating officer shall conduct an investigation the second or subsequent time that a formal complaint alleges that a particular student, in an incident unrelated to any prior formal complaints against that student, has engaged in violent or other disorderly conduct that materially disrupted the free speech rights of others. The investigating officer shall provide an investigative report to the hearing examiner or hearing committee for a required hearing under s. UWS 17.12 that may impose the disciplinary sanctions in s. UWS 17.10 (1) (i) and (j) and (4). For the purposes of this subsection, a formal complaint is a written complaint against a student filed with an institution alleging violent or other disorderly conduct that materially disrupted the free speech rights of others.

SECTION 3. UWS 17.11 (2), (3), (4) (a) (intro.), 3. and 4. are amended to read:

UWS 17.11 (2) Conference with Respondent. When the investigating officer concludes that proceedings under this section are warranted, or proceedings are required under s. UWS 17.11 (1g), the investigating officer shall promptly contact the respondent in person, by telephone, or by electronic mail to offer to discuss the matter, review the investigating officer’s basis for believing that the respondent engaged in nonacademic misconduct, or to review a formal complaint under s. UWS 17.11 (1g), and to afford the respondent an opportunity to respond. If the respondent fails to respond to the investigating officer, the investigating officer may proceed to make a determination on the basis of the available information. A complainant shall have all the rights provided to the respondent in this subsection.

(3) Determination by the investigating officer that no disciplinary sanction is warranted. If, as a result of a discussion under sub. (2) or review of available information, the investigating officer determines that nonacademic misconduct did not in fact occur, or that no disciplinary sanction is warranted under the circumstances, the matter will be considered resolved without the necessity for further action except when an investigative report and hearing are required under s. UWS 17.11 (1g). The investigating officer shall simultaneously notify the respondent and the complainant of this outcome and offer to discuss it separately with either one. If the investigating officer determines that nonacademic misconduct did not occur or that no disciplinary sanction is warranted, the complainant may appeal this decision in accordance with s. UWS 17.13.

(4) (a) (intro.) If, as a result of a discussion under sub. (2) or review of available information, the investigating officer determines that nonacademic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 17.10 (1) should be recommended, or if the investigating officer determines that nonacademic misconduct did not occur, but the officer is required under s. UWS 17.11 (1g) to provide an investigative report, the investigating officer shall prepare a written report which shall contain all of the following:

3. Specification of the sanction sought, or if the investigating officer determined that nonacademic misconduct did not occur in a formal complaint processed under s. UWS 17.11 (1g), specification of why a sanction is not appropriate.

4. Notice of the respondent’s right to a hearing or indication that a hearing is required under s. UWS 17.11 (1g).

SECTION 4. UWS 17.11 (4) (c) 3. is created to read:

UWS 17.11 (4) (c) 3. Where, under s. UWS 17.11 (1g), the disciplinary sanction sought or applicable to the respondent is provided for in s. UWS 17.10 (1) (i) and (j) and (4), 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.

SECTION 5. UWS 17.12 (1), (2), (3), and (4) (g) are amended to read:

UWS 17.12 (1) A respondent who requests a hearing, or for whom a hearing is scheduled under s. UWS 17.11 (4) (c) 2. or 3., 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 a hearing examiner or a hearing committee will hear the matter.

(2) If a 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. or 3., 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 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, or if the investigating officer in a complaint under s. UWS 17.11 (1g) made a determination that no misconduct occurred, a full explanation in writing of the facts upon which that determination was based, and shall provide the 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.

(4) (g) The hearing examiner or committee may impose one or more of the disciplinary sanctions listed in s. UWS 17.10 (1) (a) to (g) that differs from the recommendation of the investigating officer. Sanctions under s. UWS 17.10 (1) (h) to (j) may not be imposed unless previously recommended by the investigating officer, except in a complaint under s. UWS 17.11 (1g) that is subject to the sanctions in s. UWS 17.10 (1) (i) and (4).

SECTION 6. EFFECTIVE DATE: The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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