Chapter UWS 17

Chapter UWS 17

STUDENT NONACADEMIC DISCIPLINARY PROCEDURES

Subchapter I — General

UWS 17.01   Policy statement.

UWS 17.02   Definitions.

UWS 17.03   Consistent institutional policies.

UWS 17.04   Notice to students.

UWS 17.05   Designation of investigating officer.

UWS 17.06   Nonacademic misconduct hearing examiner.

UWS 17.07   Nonacademic misconduct hearing committee.

UWS 17.08   Nonacademic misconduct occurring on or outside of university lands.

UWS 17.085   Disciplinary sanctions.

Subchapter II - Procedures for Student Nonacademic Discipline in Nonsexual Misconduct Cases

UWS 17.09   Conduct subject to disciplinary action.

UWS 17.11   Disciplinary procedure.

UWS 17.12   Hearing.

UWS 17.13   Appeal to the chancellor.

UWS 17.14   Discretionary appeal to the Board of Regents.

UWS 17.15   Settlement.

Subchapter III — Procedures for Student Nonacademic Discipline in Sexual Misconduct Cases

UWS 17.151   Sexual misconduct subject to disciplinary action under ss. UWS 17.152 to 17.156.

UWS 17.152   Sexual misconduct disciplinary procedure.

UWS 17.153   Sexual misconduct hearing.

UWS 17.154   Appeal to the chancellor for sexual misconduct.

UWS 17.155   Discretionary appeal to the Board of Regents for sexual misconduct.

UWS 17.156   Settlement for sexual misconduct.

Subchapter IV — Effect of Discipline, Petitions for Restoration, and Emergency Suspension

UWS 17.16   Effect of discipline within the institution.

UWS 17.17   Effect of suspension or expulsion within the university system.

UWS 17.18   Petition for restoration of rights after suspension or expulsion.

UWS 17.19   Emergency suspension.

Ch. UWS 17 Note Note: See ch. UWS 14 for student academic disciplinary procedures.

Ch. UWS 17 Note Note: Chapter UWS 17 as it existed on August 31, 1996 was repealed and a new chapter UWS 17 was created effective September 1, 1996. Chapter UWS 17 as it existed on August 31, 2009, was repealed and a new chapter UWS 17 was created effective September 1, 2009.

subch. I of ch. UWS 17 Subchapter I — General

UWS 17.01 UWS 17.01 Policy statement. The missions of the University of Wisconsin System and its individual institutions can be realized only if the university’s teaching, learning, research and service activities occur in living and learning environments that are safe and free from violence, harassment, fraud, theft, disruption and intimidation. In promoting such environments, the university has a responsibility to address student nonacademic misconduct; this responsibility is separate from and independent of any civil or criminal action resulting from a student’s conduct. This chapter defines nonacademic misconduct, provides university procedures for effectively addressing misconduct, and offers educational responses to misconduct. The University of Wisconsin System is committed to respecting students’ constitutional rights. Nothing in this chapter is intended to restrict students’ constitutional rights, including rights of freedom of speech or to peaceably assemble with others.

UWS 17.01 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.

UWS 17.02 UWS 17.02 Definitions. In this chapter:

UWS 17.02(1) (1) “Chief administrative officer” means the chancellor of an institution or the chancellor’s designees.

UWS 17.02(2) (2) “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 17.02(2m) (2m) “Complainant” means any individual who is alleged to be the subject of sexual misconduct, as defined in s. UWS 17.151.

UWS 17.02(2r) (2r) “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 s. UWS 17.151.  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 17.02(3) (3) “Days” means calendar days.

UWS 17.02(4) (4) “Delivered” means sent by electronic means to the student’s official university email address and, in addition, provided by any of the following methods:

UWS 17.02(4)(a) (a) Given personally.

UWS 17.02(4)(b) (b) Placed in the student’s official university mailbox.

UWS 17.02(4)(c) (c) Mailed by regular first class United States mail to the student’s current address as maintained by the institution.

UWS 17.02(5) (5) “Disciplinary file” means the record maintained by the student affairs officer responsible for student discipline.

UWS 17.02(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 or other requirements or restrictions on privileges, for a specified period of time, not to exceed two years.

UWS 17.02(7) (7) “Disciplinary sanction” means any action listed in s. UWS 17.085 (1) taken in response to student nonacademic misconduct.

UWS 17.02(7m) (7m) “Education program or activity” means, for purposes of Title IX misconduct only, locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the relevant misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the university.

UWS 17.02(8) (8) “Expulsion” means termination of student status with resultant loss of all student rights and privileges.

UWS 17.02(8m) (8m) “Formal Title IX complaint” means, for the purposes of Title IX misconduct only, a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against a student and requesting that the institution investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant shall be participating in or attempting to participate in an educational program or activity. A formal Title IX complaint may be filed in person, by mail, by electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.

UWS 17.02(9) (9) “Hearing examiner” means an individual, other than the investigating officer, appointed by the chief administrative officer in accordance with s. UWS 17.06 (2) for the purpose of conducting a hearing under s. UWS 17.12 or 17.153.

UWS 17.02(9m) (9m) “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 17.02(10) (10) “Institution” means any university, or an organizational equivalent designated by the board.

UWS 17.02(11) (11) “Investigating officer” means an individual, or the individual’s designee, appointed by the chief administrative officer of each institution, to conduct investigations of nonacademic misconduct under this chapter.

UWS 17.02(12) (12) “Nonacademic misconduct hearing committee” or “committee” means the committee appointed pursuant to s. UWS 17.07 to conduct hearings under s. UWS 17.12 or 17.153.

UWS 17.02(12m) (12m) “Party” refers to a respondent or complainant involved in a disciplinary procedure under subch. III.

UWS 17.02(13) (13) “Preponderance of the evidence” means information that would persuade a reasonable person that a proposition is more probably true than not true. It is a lower standard of proof than “clear and convincing evidence” and is the minimum standard for a finding of responsibility under this chapter.

UWS 17.02(13m) (13m) “Respondent,” means any student who was registered for study in an institution for the academic period, or between academic periods for continuing students, when the misconduct occurred and has been reported to have violated s. UWS 17.09 or 17.151.

UWS 17.02(14) (14) “Student” means any person who is registered for study in an institution for the academic period in which the misconduct occurred, or between academic periods, for continuing students.