STATEMENT OF SCOPE
The Board of Regents of the University of Wisconsin System
Relating Procedures for Dismissal of Academic Staff for Cause to:
Rule Type: Emergency and Permanent
1. Finding/nature of emergency (Emergency Rule only):
On April 19, 2024, the Federal Government released new, comprehensive Title IX regulations addressing sexual harassment and sexual violence with respect to university employees, including academic staff. The regulations go into effect on August 1, 2024. An emergency rule is required for the University of Wisconsin System to be compliant with these new federal regulations by August 1, 2024.
2. Detailed description of the objective of the proposed rule:
The Board of Regents of the University of Wisconsin System (“Board”) seeks to modify Chapter
UWS 11, regarding Procedures for Dismissal of Academic Staff for Cause, to comply with new Title IX regulations that the U.S. Department of Education has published relating to allegations of sex discrimination and sex-based harassment involving employees. These new regulations have expanded the universe of covered parties and activities, while also providing some flexibilities to institutions in responding to and adjudicating complaints of sex discrimination and sex-based harassment. Specifically, the Board seeks to amend Chapter UWS 11 to modify and add certain sections to ensure it is compliant with the new Title IX regulations. This will involve issuing an emergency rule followed by the promulgation of a related permanent rule.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The current version of Chapter UWS 11 provides a disciplinary process for pursuing dismissal of academic staff This process has been fair and effective since it was first published in 1975. The Chapter previously has been amended through the administrative rule-making process to update the Chapter. The modifications contemplated by this rulemaking would incorporate into law necessary changes to conform Chapter UWS 11 to the new federal Title IX regulations. An alternative would be to continue to operate with both the current Chapter UWS 11 and the new federal Title IX regulations. This, however, is in conflict with the federal rules which preempt conflicting state laws and regulations. It could lead to confusion and exposure to federal enforcement action and third-party litigation.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Wis. Stat. § 36.09(1)(a): “The primary responsibility for governance of the system shall be vested in the board which shall enact policies and promulgate rules for governing the system, plan for the future needs of the state for university education, ensure the diversity of quality undergraduate programs while preserving the strength of the state's graduate training and research centers and promote the widest degree of institutional autonomy within the controlling limits of system-wide policies and priorities established by the board.” Wis. Stat. § 36.15(3): “A person having an academic staff appointment for a term may be dismissed prior to the end of the appointment term only for just cause and only after due notice and hearing. A person having an academic staff appointment for an indefinite term who has attained permanent status may be dismissed only for just cause and only after due notice and hearing. In such matters the action and decision of the board, or the appropriate official authorized by the board, shall be final, subject to judicial review under ch. 227. The board shall develop procedures for notice and hearing which shall be promulgated as rules under ch. 227.”
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
400 hours.
6. List with description of all entities that may be affected by the proposed rule:
All University of Wisconsin System institutions and the academic staff thereof.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Title IX of the Education Amendments of 1972 provides that “[N]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The U.S. Department of Education has issued federal regulations effective August 1, 2024, with respect to how institutions of higher education that receive federal funding must address allegations of sex discrimination and sex-based harassment. The U.S. Department of Education through its Office for Civil Rights enforces these regulations.
The new regulations are intended to effectuate Title IX’s prohibition against sex discrimination and sex-based harassment including continuing to ensure fairness and due process for all parties in the university’s investigation and adjudication of such complaints. The new regulations have expanded the universe of covered parties and activities, while also providing some flexibilities to institutions in responding to and adjudicating complaints of sex discrimination and sex-based harassment.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
