Chapter UWS 14

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:

UWS 14.07(5)(a)1. 1. A description of the misconduct;

UWS 14.07(5)(a)2. 2. Specification of the sanction recommended;

UWS 14.07(5)(a)3. 3. Notice of the student’s right to a hearing before the academic misconduct hearing committee; and

UWS 14.07(5)(a)4. 4. A copy of the institutional procedures adopted to implement this section.

UWS 14.07(5)(b) (b) The written report shall be delivered personally or by electronic means to the student or mailed to the student by regular first class United States mail at his or her current address, as maintained at the institution. In addition, a copy of the report shall be provided to the instructor and to the institution’s student affairs officer.

UWS 14.07(5)(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.

UWS 14.07(5)(c)1. 1. Except in cases where the disciplinary sanction recommended is disciplinary probation, suspension or expulsion, 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 14.07(5)(c)2. 2. In cases where the disciplinary sanction recommended is disciplinary probation, suspension or expulsion, the student affairs officer shall, upon receipt of the written report under par. (b), proceed under s. UWS 14.08 to schedule a hearing on the matter. The purpose of the hearing shall be to review the determination that academic misconduct occurred and the disciplinary sanction recommended. A hearing will be conducted unless the student waives, in writing, the right to such a hearing.

UWS 14.07 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330: am. (5) (b) Register April 2016 No. 724, eff. 5-1-16.

UWS 14.08 UWS 14.08 Hearing.

UWS 14.08(1) (1) If a student requests a hearing, or a hearing is required to be scheduled under s. UWS 14.07 (5) (c) 2., the student affairs officer shall take the necessary steps to convene the academic misconduct hearing committee and shall schedule the hearing within 10 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the student, instructor or investigating officer, and the members of the hearing committee.

UWS 14.08(2) (2) Reasonably in advance of the hearing, the committee shall obtain from the instructor or investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based, and shall provide a copy of ch. UWS 14 to the student.

UWS 14.08(3) (3) The hearing before the academic misconduct hearing committee shall be conducted in accordance with the following requirements:

UWS 14.08(3)(a) (a) The student shall have the right to question adverse witnesses, the right to present evidence and witnesses, and to be heard in his or her own behalf, and the right to be accompanied by a representative of his or her choice.

UWS 14.08(3)(b) (b) The hearing committee shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges.

UWS 14.08(3)(c) (c) The hearing committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. Any party to the hearing may obtain copies of the record at his or her own expense. Upon a showing of indigency and legal need, a party may be provided a copy of the verbatim record of the testimony without charge.

UWS 14.08(3)(d) (d) The hearing committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing.

UWS 14.08(3)(e) (e) The hearing committee may find academic misconduct and impose a sanction of suspension or expulsion only if the proof of such misconduct is clear and convincing. In other cases, a finding of misconduct must be based on a preponderance of the credible evidence.

UWS 14.08(3)(f) (f) The committee may impose a disciplinary sanction that differs from the recommendation of the instructor or investigating officer.

UWS 14.08(3)(g) (g) The instructor or the investigating officer or both may be witnesses at the hearing conducted by the committee, but do not have responsibility for conducting the hearing.

UWS 14.08(3)(h) (h) The decision of the hearing committee shall be served upon the student either by personal delivery, electronic means, or first class United States mail and shall become final within 10 days of service, unless an appeal is taken under s. UWS 14.09.

UWS 14.08 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330: am. (3) (h) Register April 2016 No. 724, eff. 5-1-16.

UWS 14.09 UWS 14.09 Appeal to the chancellor.

UWS 14.09(1) (1) Where the sanction prescribed by the hearing committee is suspension or expulsion, the student may appeal to the chancellor to review the decision of the hearing committee on the record. In such a case, the chancellor shall sustain the decision of the academic misconduct hearing committee unless the chancellor finds:

UWS 14.09(1)(a) (a) The evidence of record does not support the findings and recommendations of the hearing committee;

UWS 14.09(1)(b) (b) Established procedures were not followed by the academic misconduct hearing committee and material prejudice to the student resulted; or

UWS 14.09(1)(c) (c) The decision was based on factors proscribed by state or federal law regarding equal educational opportunities.

UWS 14.09(2) (2) If the chancellor makes a finding under sub. (1), the chancellor may remand the matter for consideration by a different hearing committee, or, in the alternative, may invoke an appropriate remedy of his or her own.

UWS 14.09 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.10 UWS 14.10 Discretionary appeal to the Board of Regents. Institutional decisions under ss. UWS 14.05 through 14.09 shall be final, except that the Board of Regents may, at its discretion, grant a review upon the record.

UWS 14.10 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 14.11 UWS 14.11 Settlement. The procedures set forth in this chapter do not preclude a student from agreeing that academic misconduct occurred and to the imposition of a sanction, after proper notice has been given. Required written reports, however, may not be waived.

UWS 14.11 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.12 UWS 14.12 Effect of discipline within the university system. Suspension or expulsion shall be systemwide in effect.

UWS 14.12(1) (1) A student who is suspended or expelled from one institution in the University of Wisconsin System may not enroll in another institution in the system unless the suspension has expired by its own terms or one year has elapsed after the student has been suspended or expelled.

UWS 14.12(2) (2) Upon completion of a suspension period, a student may re-enroll in the institution which suspended him or her as if no suspension had been imposed.

UWS 14.12 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330 s. 20: am. (1) Register April 2016 No. 724, eff. 5-1-16.

UWS 14.13 UWS 14.13 Right to petition for readmission. A student who has been expelled may petition for readmission, and a student who has been suspended may petition for readmission prior to the expiration of the suspension period. The petition for readmission must be in writing and directed to the chancellor of the institution from which the student was suspended or expelled. The petition may not be filed before the expiration of one year from the date of the final determination in expulsion cases, or before the expiration of one-half of the suspension period in suspension cases. The chancellor shall, after consultation with elected representatives of the faculty, academic staff, and students, adopt procedures for determining whether such petitions will be granted or denied.

UWS 14.13 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.14 UWS 14.14 Investigating officer. The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall designate an investigating officer or officers for student academic misconduct. The investigating officer shall have responsibility for investigating student academic misconduct and initiating procedures for academic misconduct under s. UWS 14.07. An investigating officer may also serve on the academic misconduct hearing committee for a case, if he or she has not otherwise been involved in the matter.

UWS 14.14 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.15 UWS 14.15 Academic misconduct hearing committee: institutional option. The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student academic misconduct hearing committee or designation of a hearing examiner to fulfill the responsibilities of the academic misconduct hearing committee in this chapter.

UWS 14.15(1) (1) A student academic misconduct hearing committee shall consist of at least 3 persons, including a student or students, and the presiding officer shall be appointed by the chancellor. The presiding officer and at least one other member shall constitute a quorum at any hearing held pursuant to due notice.

UWS 14.15(2) (2) A hearing examiner shall be selected by the chancellor from the faculty and staff of the institution.

UWS 14.15 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.16 UWS 14.16 Notice to students. Each institution shall publish and make freely available to students copies of ch. UWS 14 and any institutional policies implementing ch. UWS 14.

UWS 14.16 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.17 UWS 14.17 Notice to instructors. Each institution shall adopt procedures to ensure that instructors are familiar with these policies. Each institution shall provide instructors with copies of ch. UWS 14 and any institutional policies implementing ch. UWS 14 upon employment with the university, and each department chair shall be provided such copies upon assuming the duties of the chair.

UWS 14.17 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

UWS 14.18 UWS 14.18 Consistent institutional policies. Each institution is authorized to adopt policies consistent with this chapter. A copy of such policies shall be filed with the Board of Regents and the University of Wisconsin System office of academic affairs.

UWS 14.18 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.