Chapter UWS 14

UWS 14.11   Settlement.

UWS 14.12   Effect of discipline within the university system.

UWS 14.13   Right to petition for readmission.

UWS 14.14   Investigating officer.

UWS 14.15   Academic misconduct hearing committee: institutional option.

UWS 14.16   Notice to students.

UWS 14.17   Notice to instructors.

UWS 14.18   Consistent institutional policies.

Ch. UWS 14 Note Note: See ch. UWS 17 for rules on student nonacademic disciplinary procedures.

UWS 14.01 UWS 14.01 Statement of principles. The Board of Regents, administrators, faculty, academic staff and students of the University of Wisconsin System believe that academic honesty and integrity are fundamental to the mission of higher education and of the University of Wisconsin System. The university has a responsibility to promote academic honesty and integrity and to develop procedures to deal effectively with instances of academic dishonesty. Students are responsible for the honest completion and representation of their work, for the appropriate citation of sources, and for respect of others’ academic endeavors. Students who violate these standards must be confronted and must accept the consequences of their actions.

UWS 14.01 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

UWS 14.02 UWS 14.02 Definitions. In this chapter:

UWS 14.02(1) (1) “Academic misconduct” means an act described in s. UWS 14.03.

UWS 14.02(2) (2) “Academic misconduct hearing committee” means the committee or hearing examiner appointed pursuant to s. UWS 14.15 to conduct hearings under s. UWS 14.08.

UWS 14.02(3) (3) “Chancellor” means the chancellor or designee.

UWS 14.02(4) (4) “Days” means calendar days.

UWS 14.02(5) (5) “Disciplinary file” means the record maintained by the student affairs officer responsible for student discipline.

UWS 14.02(6) (6) “Disciplinary probation” means a status in which a student may remain enrolled in the university only upon the condition that the student complies with specified standards of conduct for a specified period of time, not to exceed 2 semesters.

UWS 14.02(7) (7) “Disciplinary sanction” means any action listed in s. UWS 14.04 taken in response to student academic misconduct.

UWS 14.02(8) (8) “Expulsion” means termination of student status with resultant loss of all student rights and privileges.

UWS 14.02(9) (9) “Hearing examiner” means an individual appointed by the chancellor in accordance with s. UWS 14.15 for the purpose of conducting a hearing under s. UWS 14.08.

UWS 14.02(10) (10) “Institution” means any university or college, or organizational equivalent designated by the board.

UWS 14.02(11) (11) “Instructor” means the faculty member or instructional academic staff member who has responsibility for the overall conduct of a course and ultimate responsibility for the assignment of the grade for the course.

UWS 14.02(12) (12) “Investigating officer” means an individual, or his or her designee, appointed by the chancellor of each institution to carry out certain responsibilities in the course of investigations of academic misconduct under this chapter.

UWS 14.02(13) (13) “Student” means any person who is registered for study in an institution for the academic period in which the misconduct occurred.

UWS 14.02(14) (14) “Student affairs officer” means the dean of students or student affairs officer designated by the chancellor to carry out duties described in this chapter.

UWS 14.02(15) (15) “Suspension” means a loss of student status for a specified length of time, not to exceed 2 years, with resultant loss of all student rights and privileges.

UWS 14.02 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330: am. (10) Register April 2016 No. 724, eff. 5-1-16.

UWS 14.03 UWS 14.03 Academic misconduct subject to disciplinary action.

UWS 14.03(1) (1) Academic misconduct is an act in which a student:

UWS 14.03(1)(a) (a) Seeks to claim credit for the work or efforts of another without authorization or citation;

UWS 14.03(1)(b) (b) Uses unauthorized materials or fabricated data in any academic exercise;

UWS 14.03(1)(c) (c) Forges or falsifies academic documents or records;

UWS 14.03(1)(d) (d) Intentionally impedes or damages the academic work of others;

UWS 14.03(1)(e) (e) Engages in conduct aimed at making false representation of a student’s academic performance; or

UWS 14.03(1)(f) (f) Assists other students in any of these acts.

UWS 14.03(2) (2) Examples of academic misconduct include, but are not limited to: cheating on an examination; collaborating with others in work to be presented, contrary to the stated rules of the course; submitting a paper or assignment as one’s own work when a part or all of the paper or assignment is the work of another; submitting a paper or assignment that contains ideas or research of others without appropriately identifying the sources of those ideas; stealing examinations or course materials; submitting, if contrary to the rules of a course, work previously presented in another course; tampering with the laboratory experiment or computer program of another student; knowingly and intentionally assisting another student in any of the above, including assistance in an arrangement whereby any work, classroom performance, examination or other activity is submitted or performed by a person other than the student under whose name the work is submitted or performed.

UWS 14.03 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.04 UWS 14.04 Disciplinary sanctions.

UWS 14.04(1) (1) The following are the disciplinary sanctions that may be imposed for academic misconduct in accordance with the procedures of s. UWS 14.05, 14.06 or 14.07:

UWS 14.04(1)(a) (a) An oral reprimand;

UWS 14.04(1)(b) (b) A written reprimand presented only to the student;

UWS 14.04(1)(c) (c) An assignment to repeat the work, to be graded on its merits;

UWS 14.04(1)(d) (d) A lower or failing grade on the particular assignment or test;

UWS 14.04(1)(e) (e) A lower grade in the course;

UWS 14.04(1)(f) (f) A failing grade in the course;

UWS 14.04(1)(g) (g) Removal of the student from the course in progress;

UWS 14.04(1)(h) (h) A written reprimand to be included in the student’s disciplinary file;

UWS 14.04(1)(i) (i) Disciplinary probation; or

UWS 14.04(1)(j) (j) Suspension or expulsion from the university.

UWS 14.04(2) (2) One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of academic misconduct.

UWS 14.04 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.05 UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor.

UWS 14.05(1) (1) Where an instructor concludes that a student enrolled in one of his or her courses has engaged in academic misconduct in the course, the instructor for that course may impose one or more of the following disciplinary sanctions, as listed under s. UWS 14.04 (1) (a) through (c):

UWS 14.05(1)(a) (a) An oral reprimand;

UWS 14.05(1)(b) (b) A written reprimand presented only to the student; or

UWS 14.05(1)(c) (c) An assignment to repeat the work, to be graded on its merits.

UWS 14.05(2) (2) No disciplinary sanction may be imposed under this section unless the instructor promptly offers to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.

UWS 14.05(3) (3) A student who receives a disciplinary sanction under this section has the right to a hearing before the academic misconduct hearing committee under s. UWS 14.08 to contest the determination that academic misconduct occurred, or the disciplinary sanction imposed, or both. If the student desires such a hearing, he or she must file a written request with the student affairs officer within 10 days of imposition of the disciplinary sanction by the instructor.

UWS 14.05 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.06 UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct by the instructor. Where an instructor believes that a student enrolled in one of his or her courses has engaged in academic misconduct and the sanctions listed under s. UWS 14.04 (1) (a) through (c) are inadequate or inappropriate, the instructor may proceed in accordance with this section to impose, subject to hearing rights in s. UWS 14.08, one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h).

UWS 14.06(1) (1) Conference with student. When an instructor concludes that proceedings under this section are warranted, the instructor shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.

UWS 14.06(2) (2) Determination by the instructor that no academic misconduct occurred. If, as a result of a discussion under sub. (1), the instructor determines that academic 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 or a written report.

UWS 14.06(3) (3) Process following determination by the instructor that academic misconduct occurred.

UWS 14.06(3)(a) (a) If, as a result of a discussion under sub. (1), the instructor determines that academic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h) should be recommended, the instructor shall prepare a written report so informing the student, which shall contain the following:

UWS 14.06(3)(a)1. 1. A description of the misconduct;

UWS 14.06(3)(a)2. 2. Specification of the sanction recommended;

UWS 14.06(3)(a)3. 3. Notice of the student’s right to request a hearing before the academic misconduct hearing committee; and

UWS 14.06(3)(a)4. 4. A copy of the institutional procedures adopted to implement this section.

UWS 14.06(3)(b) (b) The written report shall be delivered personally to the student or be mailed to the student by regular first class United States mail at his or her current address, as maintained at the institution. In addition, copies of the report shall be provided to the institution’s student affairs officer and to others authorized by institutional procedures.

UWS 14.06(3)(c) (c) A student who receives a written report under this section has the right to a hearing before the academic misconduct hearing committee under s. UWS 14.08 to contest the determination that academic misconduct occurred, or the choice of disciplinary sanction, or both. If the student desires the hearing before the academic misconduct hearing committee, the student must file a written request with the student affairs officer within 10 days of personal delivery or mailing of the written report. If the student does not request a hearing within this period, the determination of academic misconduct shall be regarded as final, and the disciplinary sanction recommended shall be imposed.

UWS 14.06(4) (4) Process following determination by the instructor that disciplinary probation, suspension or expulsion may be warranted.

UWS 14.06(4)(a) (a) If, as a result of a discussion under sub. (1), the instructor determines that academic misconduct did occur and that disciplinary probation, suspension or expulsion under s. UWS 14.04 (1) (i) or (j) should be recommended, the instructor shall provide a written report to the investigating officer, which shall contain the following:

UWS 14.06(4)(a)1. 1. A description of the misconduct; and

UWS 14.06(4)(a)2. 2. Specification of the sanction recommended.

UWS 14.06(4)(b) (b) Upon receipt of a report under this subsection, the investigating officer may proceed, in accordance with s. UWS 14.07, to impose a disciplinary sanction.

UWS 14.06 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.07 UWS 14.07 Disciplinary sanction imposed following a report of academic misconduct by the investigating officer. The investigating officer may proceed in accordance with this section to impose, subject to hearing and appeal rights, one or more of the disciplinary sanctions listed in s. UWS 14.04 (1) (g) through (j).

UWS 14.07(1) (1) Authority of investigating officer. The investigating officer may proceed in accordance with this section when he or she receives information that a student at the institution has engaged in alleged academic misconduct and:

UWS 14.07(1)(a) (a) Some or all of the alleged academic misconduct occurred outside the scope of any course for which the involved student is currently registered;

UWS 14.07(1)(b) (b) The involved student has previously engaged in academic misconduct subject to the disciplinary sanctions listed in s. UWS 14.04 (1) (d) through (j);

UWS 14.07(1)(c) (c) The alleged misconduct would, if proved to have occurred, warrant a sanction of disciplinary probation, suspension or expulsion; or

UWS 14.07(1)(d) (d) The instructor in the course is unable to proceed.

UWS 14.07(2) (2) Conference with student. When the investigating officer concludes that proceedings under this section are warranted, he or she shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the investigating officer to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.

UWS 14.07(3) (3) Conference with instructor. An investigating officer proceeding under this section shall discuss the matter with an involved instructor. This discussion may occur either before or after the conference with the student. It may include consultation with the instructor on the facts underlying the alleged academic misconduct and on the propriety of the recommended sanction.

UWS 14.07(4) (4) Determination by the investigating officer that no academic misconduct occurred. If, as a result of discussions under subs. (2) and (3), the investigating officer determines that academic 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 or a written report.

UWS 14.07(5) (5) Process following determination by the investigating officer that academic misconduct occurred.

UWS 14.07(5)(a) (a) If, as a result of discussions under subs. (2) and (3), the investigating officer determines that academic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (g) through (j) should be recommended, the investigating officer shall prepare a written report so informing the student, which shall contain the following: