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 NoteNote: See ch. UWS 14 for student academic disciplinary procedures. Ch. UWS 17 NoteNote: Chapter UWS 17 as it existed on August 31, 1996 was repealed and a new chapter UWS 17 was created effective September 1, 1996. Chapter UWS 17 as it existed on August 31, 2009, was repealed and a new chapter UWS 17 was created effective September 1, 2009.
UWS 17.01UWS 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 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09. UWS 17.02UWS 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(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)(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(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. UWS 17.02(15)(15) “Student affairs officer” means the dean of students, student affairs officer, or other personnel designated by the chief administrative officer to coordinate disciplinary hearings and carry out duties described in this chapter. UWS 17.02(16)(16) “Suspension” means a loss of student status for a specified length of time, not to exceed two years, with resultant loss of all student rights and privileges. UWS 17.02(17)(17) “University lands” means all real property owned by, leased by, or otherwise subject to the control of the Board of Regents of the University of Wisconsin System. UWS 17.02 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330 s. 20: am. (17) Register April 2016 No. 724, eff. 5-1-16; CR 15-060: cr. (2m), (13m) Register June 2016 No. 726, eff. 7-1-16; correction in (2m), (13m) under 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 20-062: am. (1), (2m), cr. (2r), am. (7), cr. (7m), (8m), am. (9), cr. (9m), am. (10) to (12), cr. (12m), am. (13m), (15) Register May 2021 No. 785, eff. 6-1-21; correction in (8m), (12), (12m), (13m) made under s. 35.17, Stats., Register May 2021 No. 785; correction in (7m) made under s. 35.17, Stats., Register July 2021 No. 787. UWS 17.03UWS 17.03 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 17.04UWS 17.04 Notice to students. Each institution shall publish ch. UWS 17 on its website and shall make ch. UWS 17 and any institutional policies implementing ch. UWS 17 freely available to students through the website or other means. UWS 17.04 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09. UWS 17.05UWS 17.05 Designation of investigating officer. The chief administrative officer of each institution shall designate an investigating officer or officers for allegations of student nonacademic misconduct. The investigating officer shall investigate student nonacademic misconduct and initiate procedures for nonacademic misconduct under s. UWS 17.11 or 17.152. For allegations involving sexual misconduct, as defined in s. UWS 17.151, the Title IX Coordinator or designee shall serve as the investigating officer. UWS 17.06UWS 17.06 Nonacademic misconduct hearing examiner. UWS 17.06(1)(1) The chief administrative officer of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the designation of a student nonacademic misconduct hearing examiner to fulfill the responsibilities of the nonacademic misconduct hearing examiner in this chapter. UWS 17.06(2)(2) A hearing examiner shall be selected by the chief administrative officer pursuant to the policies adopted under sub. (1). UWS 17.06 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: am. (2) Register May 2021 No. 785, eff. 6-1-21. UWS 17.07UWS 17.07 Nonacademic misconduct hearing committee. UWS 17.07(1)(1) The chief administrative officer of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student nonacademic misconduct hearing committee to fulfill the responsibilities of the nonacademic misconduct hearing committee in this chapter. UWS 17.07(2)(2) A student nonacademic misconduct hearing committee shall consist of at least three persons, including at least one student, except that no such committee shall be constituted with a majority of members who are students. The presiding officer, who may be the hearing examiner designated pursuant to s. UWS 17.06, shall be appointed by the chief administrative officer. The presiding officer and at least one other member shall constitute a quorum at any hearing held pursuant to due notice. UWS 17.07 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: am. (2) Register May 2021 No. 785, eff. 6-1-21. UWS 17.08UWS 17.08 Nonacademic misconduct occurring on or outside of university lands. UWS 17.08(1)(1) Misconduct on university lands. Except as provided in s. UWS 17.08 (2), the provisions contained in this chapter shall apply to the student conduct described in ss. UWS 17.09 and 17.151 that occurs on university lands or at university-sponsored events. UWS 17.08(2)(2) Misconduct outside of university lands. The provisions contained in this chapter may apply to the student conduct described in ss. UWS 17.09 and 17.151 that occurs outside of university lands only when, in the judgment of the investigating officer, the conduct adversely affects a substantial university interest. In determining whether the conduct adversely affects a substantial university interest, the investigating officer shall consider whether the conduct meets one or more of the following conditions: UWS 17.08(2)(a)(a) The conduct constitutes or would constitute a serious criminal offense, regardless of the existence of any criminal proceedings. UWS 17.08(2)(b)(b) The conduct indicates that the student presented or may present a danger or threat to the health or safety of the student or others. UWS 17.08(2)(c)(c) The conduct demonstrates a pattern of behavior that seriously impairs the university’s ability to fulfill its teaching, research, or public service missions. UWS 17.08 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: am. (1), (2) (intro.), (b) Register May 2021 No. 785, eff. 6-1-21. UWS 17.085(1)(1) The disciplinary sanctions that may be imposed for nonacademic misconduct, in accordance with the procedures of ss. UWS 17.11 to 17.13, and 17.152 to 17.154, are any of the following: UWS 17.085(1)(d)(d) Educational or service sanctions, including community service. UWS 17.085(1)(f)(f) Imposition of reasonable terms and conditions on continued student status. UWS 17.085(2)(2) One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of nonacademic misconduct. UWS 17.085(3)(3) Disciplinary sanctions shall not include the termination or revocation of student financial aid; however, this shall not be interpreted as precluding the individual operation of rules or standards governing eligibility for student financial aid under which the imposition of a disciplinary sanction could result in disqualification of a student for financial aid. UWS 17.085 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: renum. from UWS 17.10 and am. (1) (intro.) Register May 2021 No. 785, eff. 6-1-21. UWS 17.09UWS 17.09 Conduct subject to disciplinary action. In accordance with s. UWS 17.08, the university may discipline a student for engaging in, attempting to engage in, or assisting others to engage in any of the following types of nonacademic misconduct. Conduct defined in s. UWS 17.09 shall use the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss. UWS 17.11 to 17.15. However, at the university’s discretion, conduct defined in s. UWS 17.09, when arising out of the same facts and circumstances as sexual misconduct defined in s. UWS 17.151, may be consolidated with such charges and addressed with the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss. UWS 17.152 to 17.156. UWS 17.09(1)(1) Dangerous conduct. Conduct that endangers or threatens the health or safety of oneself or another person.
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