Chapter UWS 17

UWS 17.11(1) (1) Process. 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 17.085 (1) for conduct defined in s. UWS 17.09.

UWS 17.11(2) (2) Conference with respondent. When the investigating officer concludes that proceedings under this section are warranted, the investigating officer shall promptly contact the respondent in person, by telephone, or by electronic mail to offer to discuss the matter, review the investigating officer’s basis for believing that the respondent engaged in nonacademic misconduct, and to afford the respondent an opportunity to respond. If the respondent fails to respond to the investigating officer, the investigating officer may proceed to decide on the basis of the available information.

UWS 17.11(3) (3) Determination by the investigating officer that no disciplinary sanction is warranted. If, as a result of a discussion under sub. (2) or review of available information, the investigating officer determines that nonacademic misconduct did not in fact occur, or that no disciplinary sanction is warranted under the circumstances, the matter shall be considered resolved without the necessity for further action. The investigating officer shall notify the respondent.

UWS 17.11(4) (4) Process following determination by the investigating officer that nonacademic misconduct occurred.

UWS 17.11(4)(a) (a) If, as a result of a discussion under sub. (2) or review of available information, the investigating officer determines that nonacademic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 17.085 (1) should be recommended, the investigating officer shall prepare a written report which shall contain all of the following:

UWS 17.11(4)(a)1. 1. A description of the alleged misconduct.

UWS 17.11(4)(a)2. 2. A description of all information available to the university regarding the alleged misconduct.

UWS 17.11(4)(a)3. 3. Specification of the sanction sought.

UWS 17.11(4)(a)4. 4. Notice of the respondent’s right to a hearing.

UWS 17.11(4)(a)5. 5. A copy of this chapter and of the institutional procedures adopted to implement this section.

UWS 17.11(4)(b) (b) The written report shall be delivered to the respondent.

UWS 17.11(4)(c) (c) A respondent who receives a written report under this section has the right to a hearing under s. UWS 17.12 to contest the determination that nonacademic misconduct occurred, the choice of disciplinary sanctions, or both.

UWS 17.11(4)(c)1. 1. Where the disciplinary sanction sought is one of those listed in s. UWS 17.085 (1) (a) to (g), and if the respondent desires a hearing, the respondent shall file a written request with the student affairs officer within 10 days of the date the written report is delivered to the respondent. If the respondent does not request a hearing within this period, the determination of nonacademic misconduct shall be regarded as final, and the disciplinary sanction sought shall be imposed.

UWS 17.11(4)(c)2. 2. Where the disciplinary sanction sought is one of those listed in s. UWS 17.085 (1) (h) to (j), the investigating officer shall forward a copy of the written report under par. (b) to the student affairs officer. The student affairs officer shall, upon receipt of the written report, proceed under s. UWS 17.12 to schedule a hearing on the matter. A hearing shall be conducted unless the respondent waives, in writing, the right to such a hearing.

UWS 17.11 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; correction to (1) (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2009 No. 644; CR 15-060: am. (2), (3), (4) (a) 2., 4., (b), (c) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (1) to (3), (4) (a) (intro.), 2., (b), (c) 1., 2. Register May 2021 No. 785, eff. 6-1-21.

UWS 17.12 UWS 17.12 Hearing.

UWS 17.12(1) (1) A respondent who requests a hearing, or for whom a hearing is scheduled under s. UWS 17.11 (4) (c) 2., for conduct defined in s. UWS 17.09, shall have the right to decide whether the matter shall be heard by a hearing examiner or a hearing committee.

UWS 17.12(2) (2) If a respondent requests a hearing under s. UWS 17.11 (4) (c) 1., or a hearing is required to be scheduled under s. UWS 17.11 (4) (c) 2., the student affairs officer shall take the necessary steps to convene the hearing and shall schedule it within 15 days of receipt of the request or written report. The hearing shall be conducted within 45 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the respondent and investigating officer, or is ordered or permitted by the hearing examiner or committee.

UWS 17.12(3) (3) No less than 5 days in advance of the hearing, the hearing examiner or committee shall obtain from the investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based, and shall provide the respondent with access to or copies of the investigating officer’s explanation, together with any other materials provided to the hearing examiner or committee by the investigating officer, including any additional available information of the type described in s. UWS 17.11 (4) (a) 2.

UWS 17.12(4) (4) The hearing shall be conducted in accordance with the following guidance and requirements:

UWS 17.12(4)(a) (a) The hearing process shall further the educational purposes and reflect the university context of nonacademic misconduct proceedings. The process need not conform to state or federal rules of criminal or civil procedure, except as expressly provided in ch. UWS 17.

UWS 17.12(4)(b) (b) The respondent shall have the right to question adverse witnesses, the right to present information and witnesses, the right to be heard on the respondent’s own behalf, and the right to be accompanied by an advisor of the respondent’s choice. The advisor may be a lawyer. In cases where the recommended disciplinary sanction is identified in s. UWS 17.085 (1) (a) to (h), the advisor may counsel the respondent but may not directly question adverse witnesses, present information or witnesses, or speak on behalf of the respondent except at the discretion of the hearing examiner or committee. In cases where the recommended disciplinary sanction is identified in s. UWS 17.085 (1) (i) or (j), or where the respondent has been charged with a crime in connection with the same conduct for which the disciplinary sanction is sought, the advisor may question adverse witnesses, present information and witnesses, and speak on behalf of the respondent. In accordance with the educational purposes of the hearing, the respondent is expected to respond on the respondent’s own behalf to questions asked of the respondent during the hearing.

UWS 17.12(4)(c) (c) The hearing examiner or committee:

UWS 17.12(4)(c)1. 1. Shall admit information that has reasonable value in proving the facts, but may exclude immaterial, irrelevant, or unduly repetitious testimony.

UWS 17.12(4)(c)2. 2. Shall observe recognized legal privileges.

UWS 17.12(4)(c)3. 3. May take reasonable steps to maintain order, and to adopt procedures for the questioning of a witness appropriate to the circumstances of that witness’s testimony, provided, however, whatever procedure is adopted, the respondent is allowed to effectively question the witness.

UWS 17.12(4)(d) (d) The hearing examiner or 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. The respondent may access the record, except as may be precluded by applicable state or federal law.

UWS 17.12(4)(e) (e) The hearing examiner or committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing.

UWS 17.12(4)(f) (f) A hearing examiner’s or committee’s finding of nonacademic misconduct shall be based on one of the following:

UWS 17.12(4)(f)1. 1. Clear and convincing evidence, when the sanction to be imposed is one of those listed in s. UWS 17.085 (1) (h) to (j).

UWS 17.12(4)(f)2. 2. A preponderance of the evidence, when the sanction to be imposed is one of those listed in s. UWS 17.085 (1) (a) to (g).

UWS 17.12(4)(g) (g) The hearing examiner or committee may impose one or more of the disciplinary sanctions listed in s. UWS 17.085 (1) (a) to (g) that differs from the recommendation of the investigating officer. Sanctions under s. UWS 17.085 (1) (h) to (j) may not be imposed unless previously recommended by the investigating officer.

UWS 17.12(4)(h) (h) The hearing shall be conducted by the hearing examiner or committee, and the university’s case against the respondent shall be presented by the investigating officer or the investigating officer’s designee.

UWS 17.12(4)(i) (i) The decision of the hearing examiner or committee shall be prepared within 14 days of the hearing, and delivered to the respondent, excluding information that may be precluded by state or federal law. The decision shall become final within 14 days of the date on the written decision unless an appeal is taken under s. UWS 17.13.

UWS 17.12(4)(j) (j) If the respondent fails to appear at a schedule hearing and to proceed, the hearing examiner or committee may issue a decision based upon the information provided.

UWS 17.12(4)(k) (k) Disciplinary hearings are subject to s. 19.85, Stats., Wisconsin Open Meetings of Governmental Bodies, and may be closed if the respondent requests a closed hearing or if the hearing examiner or committee determines it is necessary to hold a closed hearing. Deliberations of the committee shall be held in closed session, in accordance with s. 19.85, Stats. As such, proper notice and other applicable rules shall be followed.

UWS 17.12 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. (1), (2), (3), (4) (b), (c) 3., (d), (f) 3., (h), (i), (j), (k) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (1), (3), (4) (b), (c) 3., (d), (f) 1., 2., r. (4) (f) 3., am. (4) (g) to (k) Register May 2021 No. 785, eff. 6-1-21; correction in (k) made under s. 35.17, Stats., Register May 2021 No. 785.

UWS 17.13 UWS 17.13 Appeal to the chancellor.

UWS 17.13(1) (1) For conduct defined in s. UWS 17.09, where the sanction prescribed by the hearing examiner or committee is one of those listed in s. UWS 17.085 (1) (h) to (j), the respondent may appeal in writing to the chief administrative officer within 14 days of the date of the written decision to review the decision of the hearing examiner or committee, based upon the record.

UWS 17.13(3) (3) The chief administrative officer has 30 days from receipt of an appeal to respond and shall sustain the decision unless the chief administrative officer finds any of the following:

UWS 17.13(3)(a) (a) The information in the record does not support the findings or decision.

UWS 17.13(3)(b) (b) Appropriate procedures were not followed which resulted in material prejudice to the respondent.

UWS 17.13(3)(c) (c) The decision was based on factors proscribed by state or federal law.

UWS 17.13(4) (4) If the chief administrative officer makes a finding under sub. (3), the chief administrative officer may return the matter for consideration, or may invoke an appropriate remedy of the chief administrative officer’s own. The chief administrative officer’s decision shall be communicated to the respondent.

UWS 17.13 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: renum. (1) (intro.) to (1) and am., r. (1) (a), (b), (c), r. and recr. (2), cr. (3), (4) Register June 2016 No. 726, eff. 7-1-16; correction in (2) (a), (b) under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register June 2016 No. 726; CR 20-062: am. (1), r. (2), am. (3) (b), (4) Register May 2021 No. 785, eff. 6-1-21.

UWS 17.14 UWS 17.14 Discretionary appeal to the Board of Regents. For conduct defined in s. UWS 17.09, institutional decisions under ss. UWS 17.11 to 17.13 shall be final, except that the board of regents may, at its discretion, grant a review upon the record, upon written request submitted by the respondent within 14 days of the final institutional decision.

UWS 17.14 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16; CR 15-060: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. Register May 2021 No. 785, eff. 6-1-21.

UWS 17.15 UWS 17.15 Settlement. For conduct defined in s. UWS 17.09, the procedures set forth in this chapter allow the university and a respondent to enter into a settlement agreement regarding the alleged misconduct, after proper notice has been given. Any such agreement and its terms shall be in writing and signed by the respondent and the investigating officer or student affairs officer. The case is concluded when a copy of the signed agreement is delivered to the respondent.

UWS 17.15 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. Register May 2021 No. 785, eff. 6-1-21.

subch. III of ch. UWS 17 Subchapter III — Procedures for Student Nonacademic Discipline in Sexual Misconduct Cases

UWS 17.151 UWS 17.151 Sexual misconduct subject to disciplinary action under ss. UWS 17.152 to 17.156. 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. Sexual misconduct, as defined in this section, shall use the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss. UWS 17.152 to 17.156.

UWS 17.151(1) (1) Sexual harassment. Conduct on the basis of sex that satisfies any of the following:

UWS 17.151(1)(a) (a) Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in an education program or activity of the university that when using the legal “reasonable person” standard, is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity.

UWS 17.151(1)(b) (b) Unwelcome conduct of a sexual nature directed towards an individual that, when using the legal “reasonable person” standard, is so severe or pervasive and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or participation in a university sponsored or supported activity.

UWS 17.151(2) (2) Sexual assault. An offense that meets any of the following definitions:

UWS 17.151(2)(a) (a) Rape: 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 another person, without the consent of the complainant.

UWS 17.151(2)(b) (b) Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental incapacity.

UWS 17.151(2)(c) (c) Incest: 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 17.151(2)(d) (d) Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent as per s. 948.02, Stats.

UWS 17.151(3) (3) Dating violence. 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 17.151(4) (4) Domestic violence. 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 persons 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 individual 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 17.151(5) (5) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.

UWS 17.151(6) (6) Sexual exploitation. Attempting, taking or threatening to take nonconsensual sexual advantage of another person. Examples include:

UWS 17.151(6)(a) (a) Engaging in any of the following conduct without the knowledge and consent of all participants:

UWS 17.151(6)(a)1. 1. Observing, recording, or photographing private body parts or sexual activity of one or more complainants.

UWS 17.151(6)(a)2. 2. Allowing another person to observe, record, or photograph sexual activity or private body parts of one or more complainants.

UWS 17.151(6)(a)3. 3. Otherwise distributing recordings, photographs, or other images of the same of one or more complainants.

UWS 17.151(6)(b) (b) Masturbating, touching one’s genitals, or exposing one’s genitals in complainant’s presence without the consent of complainant, or inducing another person to do the same.

UWS 17.151(6)(c) (c) Dishonesty or deception regarding the use of contraceptives or condoms during the course of sexual activity.

UWS 17.151(6)(d) (d) Inducing incapacitation through deception for the purpose of making another person vulnerable to non-consensual sexual activity.

UWS 17.151(6)(e) (e) Coercing the complainant to engage in sexual activity for money or anything of value.

UWS 17.151(6)(f) (f) Threatening distribution of any of the following, to coerce the complainant into sexual activity or providing money or anything of value:

UWS 17.151(6)(f)1. 1. Photos, videos, or recordings depicting private body parts or sexual activity of one or more persons.

UWS 17.151(6)(f)2. 2. Other information of a sexual nature, including sexual history or sexual orientation.

UWS 17.151 History History: CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (title) made under s. 13.92 (4) (b) 2., Stats., and correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

UWS 17.152 UWS 17.152 Sexual misconduct disciplinary procedure.

UWS 17.152(1) (1) Process. 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 17.085 (1), for sexual misconduct defined in s. UWS 17.151, and conduct described in s. UWS 17.09 may be consolidated with sexual misconduct charges pursuant to this section and consistent with s. UWS 17.08. When responding to sexual misconduct, the university may take the following actions:

UWS 17.152(1)(a) (a) The university may consolidate disciplinary procedures as to allegations of sexual misconduct, as defined in s. UWS 17.151, against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual misconduct arise out of the same facts or circumstances.

UWS 17.152(1)(b) (b) In consultation with the complainant, the university may choose to address allegations of sexual misconduct with non-disciplinary measures outside the procedures of this chapter. Non-disciplinary measures may include supportive measures and protective measures for complainant, which may or may not involve the respondent.

UWS 17.152(2) (2) Title IX misconduct. Either a complainant or the Title IX Coordinator may file the formal Title IX complaint as defined in s. UWS 17.02 (8m). Unless a formal Title IX complaint is dismissed under par. (a) or (b), sexual misconduct under this section shall also be considered “Title IX misconduct” and require associated process. Dismissals will be handled as follows:

UWS 17.152(2)(a) (a) The university shall dismiss a formal Title IX complaint that does not meet all of the following requirements:

UWS 17.152(2)(a)1. 1. The alleged conduct is on the basis of sex and meets the definitions of sexual harassment, as defined in s. UWS 17.151 (1) (a), or sexual assault, dating violence, domestic violence, or stalking, as defined in s. UWS 17.151 (2) to (5).

UWS 17.152(2)(a)2. 2. The alleged conduct occurred within a university “education program or activity,” as defined in s. UWS 17.02 (7m).

UWS 17.152(2)(a)3. 3. The alleged conduct occurred against the complainant while in the United States.

UWS 17.152(2)(a)4. 4. The complainant is participating in or attempting to participate in the university’s education program or activity at the time the complaint is filed.

UWS 17.152(2)(b) (b) The university may dismiss a formal Title IX complaint if any of the following conditions are met at any time during the disciplinary procedure or hearing:

UWS 17.152(2)(b)1. 1. The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal Title IX complaint or any allegations therein.

UWS 17.152(2)(b)2. 2. The respondent is no longer enrolled in the university.

UWS 17.152(2)(b)3. 3. Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal Title IX complaint or allegations therein.