Chapter 36

36.09 Annotation The financing of student organizations through mandatory student fees does not violate the 1st amendment if viewpoint neutrality is the operational principal. Board of Regents v. Southworth, 529 U.S. 217, 120 S. Ct. 1346, 146 L. Ed. 2d 193 (2000).

36.09 Annotation With one exception, the university’s system, as required by Southworth, 529 U.S. 217 (2000), for distributing compelled fees collected from university students to student groups that delegates funding decisions to the student government was subject to sufficient limits. Southworth v. Board of Regents, 307 F.3d 566 (2002).

36.09 Annotation Although the 1st amendment establishment clause of the U.S. Constitution neither compels nor authorizes the university to categorically exclude funding of activities related to worship, proselytizing, and sectarian religious instruction with segregated fees, the university may nevertheless be able to exclude some or all of the activities to which it objects. The university is free to enact viewpoint neutral rules restricting access to segregated fees, for it may create what is tantamount to a limited public forum if the principles of viewpoint neutrality are respected. However, before excluding an activity from the segregated fee forum pursuant to a content-based distinction, the university must explain specifically why that particular activity, viewed as a whole, is outside the forum’s purposes. Roman Catholic Foundation v. Regents of University of Wisconsin System, 578 F. Supp. 2d 1121 (2008).

36.09 Annotation Affirmed. Badger Catholic, Inc. v. Walsh, 620 F.3d 775 (2010).

36.11 36.11 Powers and duties of the board of regents.

36.11(1) (1) Protection of people; custody and management of property.

36.11(1)(a) (a) The board may promulgate rules under ch. 227 to protect the lives, health and safety of persons on property under its jurisdiction and to protect such property and to prevent obstruction of the functions of the system. Any person who violates any rule promulgated under this paragraph may be fined not more than $500 or imprisoned not more than 90 days or both.

36.11(1)(b) (b) Except as provided in this paragraph and ss. 13.48 (14) (am) and 16.848 (1), the board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law. Any lease by the board is subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under s. 233.03 (13) and the rights of the authority under any lease agreement, as defined in s. 233.01 (6). The board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under s. 13.48 (12). Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), the board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state. All purchases of real property shall be subject to the approval of the building commission. The provision of all leases of real property to be occupied by the board for use other than for student housing shall be the responsibility of the board. The provision of all leases of real property to be occupied by the board for use as student housing shall be the responsibility of the department of administration under s. 16.84 (5), except for leases in effect on July 14, 2015, regardless of any subsequent extension, modification, or renewal, which shall be the responsibility of the board.

36.11(1)(c) (c) The board may promulgate rules under ch. 227 for the management of all property under its jurisdiction, for the care and preservation thereof and for the promotion and preservation of the orderly operation of the system in any or all of its authorized activities and in any or all of its institutions with forfeitures for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. Forfeitures shall not exceed $500.

36.11(1)(cm) (cm) The board shall promulgate rules under ch. 227 prescribing the times, places, and manner in which political literature may be distributed and political campaigning may be conducted in state-owned residence halls. No such rule may authorize any activity prohibited under s. 11.1207 (3) or (4).

36.11(1)(d) (d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

36.11(1)(e) (e) Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), the board, with the approval of the building commission, may sell or lease state-owned residence halls to another state agency or nonstate nonprofit agency for purposes of alternate use.

36.11 Cross-reference Cross-reference: See also chs. UWS 18 and 21, Wis. adm. code.

36.11(2) (2) Police authority.

36.11(2)(a) (a) The board shall have concurrent police power, with other authorized peace officers, over all property subject to its jurisdiction, and all property contiguous to such property at the University of Wisconsin-Parkside if owned by a nonprofit corporation the primary purpose of which, as determined by the board, is to benefit the system. Such concurrent police authority shall not be construed to reduce or lessen the authority of the police power of the community or communities in which a campus may be located. All campus police officers shall cooperate with and be responsive to the local police authorities as they meet and exercise their statutory responsibilities. The designated agents of the board may arrest, with or without warrant, any person on such property who they have reasonable grounds to believe has violated a state law or any rule promulgated under this chapter and deliver such person to any court having jurisdiction over the violation and execute a complaint charging such person with the violation. This subsection does not impair the duty of any other peace officers within their jurisdictions to arrest and take before the proper court persons found violating any state law on such property.

36.11(2)(b) (b) The board may employ police for the institutions and chiefs to head such police, or contract for police, all of whom shall be deemed peace officers under s. 939.22 (22) under the supervision and control of the appropriate chancellor or the chancellor’s designees. Such police officers shall meet the minimum standards established for other police officers by the law enforcement standards board or a comparable agency. Such police shall preserve the peace on all property described under par. (a), enforce all rules promulgated under this chapter and all other laws, and for that purpose the chancellor or the chancellor’s designee may call for aid from such other persons as is deemed necessary.

36.11 Cross-reference Cross-reference: See also ch. UWS 18, Wis. adm. code.

36.11(3) (3) Admission of applicants.

36.11(3)(a) (a) Subject to sub. (3m), the board shall establish the policies for admission within the system and within these policies each institution shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests or any tests based upon race, religion, national origin of U.S. citizens or sex shall ever be allowed in the admission of students thereto.

36.11(3)(b) (b) Subject to s. 36.31 (2m), the board shall establish policies for the appropriate transfer of credits between institutions within the system, including postsecondary credits earned by a high school pupil enrolled in a course at an institution within the system under the program under s. 118.55. If the board determines that postsecondary credits earned by a high school pupil under the program under s. 118.55 are not transferable under this paragraph, the board shall permit the individual to take an examination to determine the individual’s competency in the subject area of the course and, if the individual receives a passing score on the examination, shall award equivalent credits to the individual.

36.11(3)(c) (c) Subject to s. 36.31 (2m), the board may establish policies for the appropriate transfer of credits with other educational institutions outside the system, including postsecondary credits earned by a high school pupil enrolled in a course at an educational institution outside the system through the program under s. 118.55. If the board determines that postsecondary credits earned by a high school pupil under the program under s. 118.55 are not transferable under this paragraph, the board shall permit the individual to take an examination to determine the individual’s competency in the subject area of the course and, if the individual receives a passing score on the examination, shall award equivalent credits to the individual.

36.11(3)(cm) (cm) The board shall establish and maintain a computer-based credit transfer system that shall include, but not be limited to, the following:

36.11(3)(cm)1. 1. All transfers of credit between institutions within the system.

36.11(3)(cm)2. 2. Program-specific course requirements in the system.

36.11(3)(cm)3. 3. Technical college collegiate transfer program offerings, as defined in s. 38.01 (3).

36.11(3)(cm)4. 4. Other courses for which the transfer of credits is accepted under par. (b) or (c).

36.11(3)(cm)5. 5. Core general education courses that are subject to the agreement required under s. 36.31 (2m) (b).

36.11(3)(d) (d) Each institution that has any of the following applicants shall charge a uniform application fee to that group of applicants:

36.11(3)(d)1. 1. Undergraduate applicants.

36.11(3)(d)2. 2. Graduate school applicants.

36.11(3)(d)3. 3. Law school applicants.

36.11(3)(d)4. 4. Medical school applicants.

36.11(3m) (3m) Guaranteed admission program.

36.11(3m)(a) (a) In this subsection:

36.11(3m)(a)1. 1. “College entrance examination score” means a composite ACT examination score resulting from a single test date.

36.11(3m)(a)2. 2. “Home-based private educational program” has the meaning given in s. 115.001 (3g).

36.11(3m)(a)3. 3. “Virtual private school” has the meaning given in s. 118.58 (1).

36.11(3m)(b) (b) The board shall establish a guaranteed admission program under which an applicant for undergraduate admission shall be admitted to the institution of the applicant’s choice if the applicant satisfies the requirements under this subsection.

36.11(3m)(c) (c) An applicant is eligible for guaranteed admission to an institution if all of the following apply:

36.11(3m)(c)1. 1. The applicant applies to the institution for admission as a first-year undergraduate student during the applicant’s 4th year of high school or final year of enrollment in a home-based private educational program in this state or in a virtual private school.

36.11(3m)(c)2. 2. Except as provided in par. (d), the applicant satisfies any of the following criteria:

36.11(3m)(c)2.a. a. The applicant is enrolled in a public, private, or tribal high school in this state and the applicant is ranked in the top 10 percent of the applicant’s high school class, as determined under s. 118.58.

36.11(3m)(c)2.b. b. The applicant is enrolled in a home-based private educational program in this state, or in a virtual private school and the applicant is a resident of this state, and the applicant achieves a college entrance examination score that places the applicant in the national 90th percentile ranking or higher.

36.11(3m)(c)2.c. c. The applicant has been designated as a finalist in the National Merit Scholarship Program administered by the National Merit Scholarship Corporation or has achieved an equivalent designation under a successor program or by a successor organization.

36.11(3m)(c)3. 3. The applicant has submitted a complete application by the regular decision application deadline, except that an applicant to the University of Wisconsin-Madison shall submit the application by the early action deadline.

36.11(3m)(c)4. 4. The applicant has completed any range of courses that the board has established as required for admission for all applicants, including those who do not apply under this subsection.

36.11(3m)(d) (d) An applicant is eligible for guaranteed admission to the University of Wisconsin-Madison only if the applicant satisfies any of the following criteria:

36.11(3m)(d)1. 1. The applicant is enrolled in a public, private, or tribal high school in this state and the applicant is ranked in the top 5 percent of the applicant’s high school class, as determined under s. 118.58.

36.11(3m)(d)2. 2. The applicant is enrolled in a home-based private educational program in this state, or in a virtual private school and the applicant is a resident of this state, and the applicant achieves a college entrance examination score that places the applicant in the national 98th percentile ranking or higher.

36.11(3m)(d)3. 3. The applicant has been designated as a finalist in the National Merit Scholarship Program administered by the National Merit Scholarship Corporation or has achieved an equivalent designation under a successor program or by a successor organization.

36.11(3m)(e) (e) If an applicant applies for admission to more than one institution, the applicant is eligible for guaranteed admission under this subsection to only one institution, as designated by the applicant but subject to par. (d).

36.11(3m)(f) (f) An institution may verify information provided by an applicant or appearing on an applicant’s high school transcript in determining an applicant’s eligibility for guaranteed admission under this subsection.

36.11(3m)(g) (g) An institution may revoke an offer of admission the institution extended to an applicant under this subsection if any of the following applies:

36.11(3m)(g)1. 1. The applicant is not granted a high school diploma prior to the institution’s scheduled enrollment date.

36.11(3m)(g)2. 2. The applicant engages in academic misconduct, or the applicant experiences significantly declining grades after the application is submitted, to an extent that would justify, under the institution’s admissions policies, revoking an offer of admission extended to an applicant who has not applied for admission under this subsection.

36.11(3m)(g)3. 3. The applicant misrepresented to the institution the applicant’s class rank, college entrance examination score, or status as a finalist in the National Merit Scholarship Program.

36.11(3m)(h) (h) This subsection does not guarantee an applicant admission to any specific program offered by an institution or to any specific college, school, or functional equivalent within an institution.

36.11(4) (4) Injunctive relief. The board may obtain injunctive relief to enforce this chapter or any rules promulgated under this chapter.

36.11(5) (5) Insurance.

36.11(5)(a) (a) The board may procure liability insurance covering the members of the board, any officer, employee, or agent, or such students whose activities may constitute an obligation or responsibility of the system.

36.11(5)(b) (b) The board may procure insurance to cover injuries sustained by students as a result of their participation in intercollegiate athletics. With respect to any of the risks to be covered by the insurance, the board may contract for the services of a claims administrator and may obtain coverage by any combination of self-insurance, excess or stop-loss insurance or blanket insurance.

36.11(6) (6) Financial aids.

36.11(6)(a) (a) The board may:

36.11(6)(a)1. 1. Make grants to students from funds budgeted to or controlled by the system and formulate policies and promulgate rules for the grants.

36.11(6)(a)2. 2. Make grants equivalent in value to the payment of incidental fees to disabled residents of the state who are recommended and supervised by the department of workforce development under s. 47.02.

36.11(6)(b) (b) The board may not make a grant under par. (a) to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

36.11(6)(c) (c) By February 10 of each year, the board shall develop and submit to the higher educational aids board for its review under s. 39.285 (1) a proposed formula for the awarding of grants under s. 39.435, except for grants awarded under s. 39.435 (2) or (5), for the next fiscal year to students enrolled in the system.

36.11(7) (7) Confer degrees. The board may confer such degrees and grant such diplomas as are usual in universities or as it deems appropriate.

36.11(8) (8) Parking rules.

36.11(8)(a) (a) The board may make general policies and shall authorize the chancellors to adopt rules regulating the parking of motor vehicles on property under their jurisdiction. Such rules shall not be subject to ch. 227.

36.11(8)(b) (b) The board shall establish fines for the violation of any rule made under par. (a). The institutions are authorized to collect such fines together with moneys collected from the sale of parking permits and other fees established under par. (a), to be used for the purpose of developing and operating parking or other transportation facilities, or campus safety or transportation-related programs, at the institution at which collected or for enforcing parking rules under par. (a).

36.11 Cross-reference Cross-reference: See also s. UWS 18.05, Wis. adm. code.

36.11(8e) (8e) Parking fees. The board shall direct each institution within the system to charge a parking fee for the parking of motor vehicles by students, faculty, academic and university staff, and visitors at campus. The board shall require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require the recovery of the costs of land for parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee. College campus facilities owned by a county are not required to charge a parking fee.

36.11 Cross-reference Cross-reference: See also s. UWS 18.05, Wis. adm. code.

36.11(9) (9) Condemnation. The board may acquire by condemnation proceedings under ch. 32 such parcels of land as it deems necessary for the use of any institution whenever the board is unable to agree with the owner upon the compensation therefor, or whenever the absence or legal incapacity of such owner, or other cause, prevents or unreasonably delays, such agreement.

36.11(10) (10) University fund. The board may expend such portion of the income of the university fund on or at the University of Wisconsin-Madison as is appropriated by the legislature for the erection of buildings and the purchase of equipment or books.

36.11(11m) (11m) Investment of certain moneys.

36.11(11m)(a) (a) The board may manage the investment of any revenues designated by the board, including revenues from gifts, grants, and donations, by doing any of the following:

36.11(11m)(a)1. 1. Directly employing a financial manager to oversee the investment of these funds.

36.11(11m)(a)2. 2. Contracting with the investment board to manage the investment of these funds.

36.11(11m)(a)3. 3. Selecting a private investment firm using the competitive sealed proposal process described in s. 16.75 (2m).

36.11(11m)(am) (am)

36.11(11m)(am)1. 1. If the board employs a financial manager under par. (a) 1. or selects a private investment firm under par. (a) 3., the designated revenues shall be managed in accordance with the investment policies established by the board and in compliance with the requirements under s. 112.11 if the designated revenues comprise an institutional fund, as defined in s. 112.11 (2) (e), or consistently with the same standard of responsibility under s. 112.11 (3) (b) if the designated revenues do not comprise an institutional fund.

36.11(11m)(am)2. 2. If the board contracts with the investment board under par. (a) 2., the designated revenues shall be managed as provided in s. 25.17 (9m).

36.11(11m)(b) (b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues designated under par. (a) in the state investment fund if the board invests these moneys as provided in pars. (a) and (am).

36.11(15) (15) Tax deferred annuities. The board may continue all salary reduction agreements with its employees pursuant to section 403 (b) of the internal revenue code. The board may enter into new salary reduction agreements with its employees pursuant to section 403 (b) of the internal revenue code or other applicable federal law and may purchase annuities for its employees pursuant to these agreements from such annuity providers, both public and private, as the board deems appropriate.

36.11(16) (16) Commencement of fall semester. The board shall ensure that no fall semester classes at any institution, except medical school classes, graduate health science classes, and 4th year classes at the school of veterinary medicine, commence until after September 1.

36.11(17) (17) Sabbatical leave for instructional faculty. The board may grant sabbatical leave of up to one year to instructional faculty, in order to recognize and enhance teaching efforts and excellence, under rules and procedures adopted by the board, subject to the following conditions:

36.11(17)(a) (a) Sabbatical leave may be granted only to those faculty members who have completed 6 or more years, or the equivalent, of full-time instructional service in the system.