Chapter UWS 11

Register May 2007 No. 617

Chapter UWS 11

PROCEDURES FOR ACADEMIC STAFF DISMISSAL AND
FOR DISCIPLINE AND DISMISSAL IN TITLE IX CASES

Subchapter I — General

UWS 11.01   Dismissal for cause-indefinite academic staff appointments.

UWS 11.015   Definitions.

Subchapter II — Procedures for Academic Staff Dismissal in Non-Title IX Cases

UWS 11.016   Subchapter II definitions.

UWS 11.02   Responsibility for charges.

UWS 11.03   Hearing body.

UWS 11.04   Hearing.

UWS 11.05   Adequate due process.

UWS 11.06   Procedural guarantees.

UWS 11.07   Recommendations: to the chancellor.

UWS 11.08   Suspension from duties.

UWS 11.09   Date of dismissal.

UWS 11.10   Board review.

UWS 11.11   Dismissal for cause-fixed term or probationary academic staff appointments.

UWS 11.12   Dismissal for cause-teaching members of the academic staff.

Subchapter III — Procedures for Academic Staff Dismissal and Discipline in Title IX Cases

UWS 11.13   Subchapter III definitions.

UWS 11.14   Dismissal for cause or lesser discipline for Title IX misconduct.

UWS 11.15   Application of Title IX misconduct disciplinary procedure.

UWS 11.16   Dismissal of formal Title IX complaint and related appeal.

UWS 11.17   Investigation of Title IX misconduct allegations.

UWS 11.18   Review of evidence.

UWS 11.19   Final investigative report.

UWS 11.20   Standing academic staff committee and hearing examiner.

UWS 11.21   Adequate due process.

UWS 11.22   Procedural guarantees.

UWS 11.23   Hearing committee or hearing examiner findings and recommendations to the chancellor.

UWS 11.24   Chancellor’s decision.

UWS 11.25   Appeal to the board.

UWS 11.26   Suspension from duties in Title IX misconduct dismissal cases.

Subchapter IV — Procedures for Dismissal for Cause in Special Cases – Indefinite Academic Staff Appointments

UWS 11.27   Subchapter IV definition.

UWS 11.28   Dismissal for cause in special cases - indefinite academic staff appointments.

UWS 11.29   Serious criminal misconduct.

UWS 11.30   Reporting responsibility.

UWS 11.31   Expedited process.

UWS 11.32   Temporary suspension from duties without pay.

UWS 11.33   Board review.

subch. I of ch. UWS 11 Subchapter I — General

UWS 11.01 UWS 11.01 Dismissal for cause-indefinite academic staff appointments.

UWS 11.01(1) (1) A member of the academic staff holding an indefinite appointment may be dismissed only for just cause under ss. UWS 11.02 to 11.10 and 11.29 to 11.33 or for reasons of budget or program under ch. UWS 12.

UWS 11.01(2) (2) The board’s policy is that members of the academic staff are entitled to enjoy and exercise all rights of United States citizens and to perform their duties in accordance with appropriate professional codes of ethics. This policy shall be observed in determining whether or not just cause for dismissal exists. The burden of proof of the existence of just cause for a dismissal is on the administration.

UWS 11.01(3) (3) Just cause for dismissal includes, but is not limited to, serious criminal misconduct, as defined in s. UWS 11.29.

UWS 11.01(4) (4) Indefinite appointment academic staff dismissal for cause and lesser discipline based on allegations of Title IX misconduct, as defined in s. UWS 11.13, shall be governed by ss. UWS 11.13 to 11.26.

UWS 11.01 History History: Cr. Register, October, 1975, No. 236, eff. 11-1-75; CR 06-078: am. (1), cr. (3) Register May 2007, No. 617, eff. 6-1-07; CR 20-061: am. (1), (3), cr. (4) Register May 2021 No. 785, eff. 6-1-21; correction in (1), (4) made under s. 35.17, Stats., Register May 2021 No. 785.

UWS 11.015 UWS 11.015 Definitions. In this chapter:

UWS 11.015(1) (1) “Clear and convincing evidence” means information that would persuade a reasonable person to have a firm belief that a proposition is more likely true than not true. It is a higher standard of proof than “preponderance of the evidence.”

UWS 11.015(3) (3) “Complaint” means an allegation against an academic staff member reported to an appropriate university official.

UWS 11.015(3m) (3m) “Consent” means words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation in this section. A person is unable to give consent if the person is in a state of incapacitation because of drugs, alcohol, physical or intellectual disability, or unconsciousness.

UWS 11.015(4) (4) “Consult” or “consulting” means thoroughly reviewing and discussing the relevant facts and discretionary issues.

UWS 11.015(5) (5) “Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

UWS 11.015(6) (6) “Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Wisconsin as per ss. 813.12 (1) (am) and 968.075, Stats.

UWS 11.015(6m) (6m) “Incapacitation” means the state of being unable to physically or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs. Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol or drugs affects a person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

UWS 11.015(7) (7) “Preponderance of the evidence” means information that would persuade a reasonable person that a proposition is more probably true than not. It is a lower standard of proof than “clear and convincing evidence.”

UWS 11.015(9) (9) “Sexual assault” means an offense that meets any of the following definitions:

UWS 11.015(9)(a) (a) “Rape” means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of the complainant, without the consent of the complainant.

UWS 11.015(9)(b) (b) “Fondling” means the touching of the private body parts of the complainant for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of the complainant’s age or because of the complainant’s temporary or permanent mental incapacity.

UWS 11.015(9)(c) (c) “Incest” means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per s. 944.06, Stats.

UWS 11.015(9)(d) (d) “Statutory Rape” means sexual intercourse with a complainant who is under the statutory age of consent as per s. 948.02, Stats.

UWS 11.015(10) (10) “Sexual exploitation” means attempting, taking or threatening to take, nonconsensual sexual advantage of another person. Examples include:

UWS 11.015(10)(a) (a) Engaging in the following conduct without the knowledge and consent of all participants:

UWS 11.015(10)(a)1. 1. Observing, recording, or photographing private body parts or sexual activity of the complainant.

UWS 11.015(10)(a)2. 2. Allowing another person to observe, record, or photograph sexual activity or private body parts of the complainant.

UWS 11.015(10)(a)3. 3. Otherwise distributing recordings, photographs, or other images of the sexual activity or private body parts of the complainant.

UWS 11.015(10)(b) (b) Masturbating, touching one’s genitals, or exposing one’s genitals in the complainant’s presence without the consent of the complainant, or inducing the complainant to do the same.