Chapter 36

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.

36.11(17)(b) (b) Only one sabbatical leave may be granted for each 6 years of full-time instructional service in the system with preference given to those who have been making significant contributions to teaching and have not had a leave of absence except under s. 103.10, regardless of source of funding, in the previous 4 years.

36.11(17)(c) (c) Sabbatical leave shall be granted for the purposes of enhancing teaching, course and curriculum development or conducting research or any other scholarly activities related to instructional programs within the field of expertise of the faculty member taking such leave.

36.11(17)(d) (d) Sabbatical leave shall be approved by appropriate faculty and administrative committees.

36.11(17)(e) (e) A faculty member shall receive compensation while on sabbatical leave, but such compensation, when combined with outside compensation earned while on leave, shall not exceed the full compensation normally received from the system.

36.11(17)(f) (f) The faculty member taking a sabbatical leave shall agree to return to the institution from which leave was granted for at least one year after the termination of the sabbatical or return any compensation received from the system during the sabbatical.

36.11(17)(g) (g) Funding for the sabbatical leave program shall be provided from the existing general operations appropriation for the system.

36.11(19) (19) Furnishing of services to school districts.

36.11(19)(a) (a) The board may furnish, and school districts may accept, services for educational study and research projects and they may enter into contracts under s. 66.0301 for that purpose.

36.11(19)(b) (b) A group of school districts, if authorized by each school board, may form a nonprofit-sharing corporation to contract with the state or the board for the furnishing of the services specified in par. (a).

36.11(19)(c) (c) The corporation shall be organized under ch. 181 and shall have the powers there applicable. Members of the school boards specified in par. (b) may serve as incorporators, directors and officers of the corporation.

36.11(19)(d) (d) The property of the corporation shall be exempt from taxation.

36.11(19)(e) (e) The corporation may receive gifts and grants and be subject to their use, control and investment as provided in s. 118.27, and the transfer of the property to the corporation shall be exempt from income, franchise and death taxes.

36.11(21) (21) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by a college campus or institution or by the system, that constitutes a violation of ch. 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a system environment that is free from controlled substances, as defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

36.11(22) (22) Orientation program; information on sexual assault and sexual harassment.

36.11(22)(a) (a) The board shall direct each institution and college campus to:

36.11(22)(a)1. 1. Incorporate in its orientation program for newly entering students oral and written or electronic information on sexual assault and sexual harassment, as defined in s. 111.32 (13), including information on sexual assault by acquaintances of the victims and on all of the following:

36.11(22)(a)1.a. a. The legal definitions of, and penalties for, sexual assault under ss. 940.225, 948.02 and 948.025, sexual exploitation by a therapist under s. 940.22 and harassment under s. 947.013.

36.11(22)(a)1.b. b. Generally available national and state statistics, and campus statistics as compiled under par. (c) and as reported under par. (d), on sexual assaults and on sexual assaults by acquaintances of the victims.