Chapter UWS 17

UWS 17.156(1)(a) (a) There is no identified complainant.

UWS 17.156(1)(b) (b) The complainant has chosen not to participate in proceedings pursuant to this subchapter.

UWS 17.156(1)(c) (c) Title IX misconduct is involved, and the complainant has withdrawn the formal Title IX complaint.

UWS 17.156(2) (2) In the circumstances described in sub. (1), the agreement and its terms may be signed by only the respondent and the Title IX Coordinator or designee. The case is concluded when a copy of the signed agreement is delivered to the complainant, if any, and respondent. At any time prior to agreeing to a resolution, either party has the right to withdraw from the settlement process and resume the process under ss. UWS 17.152 to 17.155.

UWS 17.156 History History: CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21.

subch. IV of ch. UWS 17 Subchapter IV — Effect of Discipline, Petitions for Restoration, and Emergency Suspension

UWS 17.16 UWS 17.16 Effect of discipline within the institution. A respondent who, at the time of commencement, is subject to a continuing disciplinary sanction under s. UWS 17.085 (1) or unresolved disciplinary charges as a result of a report under s. UWS 17.11 or 17.152, shall not be awarded a degree during the pendency of the sanction or disciplinary proceeding.

UWS 17.16 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.

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

UWS 17.17(1) (1) Suspension or expulsion shall be systemwide in effect and shall be noted on an individual’s transcript, with suspension noted only for the duration of the suspension period.

UWS 17.17(2) (2) An individual who is suspended from one institution in the University of Wisconsin System may not enroll in another institution in the system until the suspension has expired by its own terms, except as provided in s. UWS 17.18.

UWS 17.17(3) (3) An individual who is expelled from one institution in the University of Wisconsin System may not enroll in another institution in the system, except as provided in s. UWS 17.18.

UWS 17.17(4) (4) An individual who is in a state of suspension or expulsion from the university under this chapter, or who leaves or withdraws from the university while under nonacademic misconduct charges under this chapter, may not be present on any campus without the written consent of the chief administrative officer of that campus.

UWS 17.17(5) (5) Upon completion of a suspension period, an individual who is academically eligible may re-enroll in the institution which suspended the individual, provided all conditions from previous disciplinary sanctions have been met.

UWS 17.17 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. (2), (3), (4), (5) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (5) Register May 2021 No. 785, eff. 6-1-21.

UWS 17.18 UWS 17.18 Petition for restoration of rights after suspension or expulsion. A respondent who has been suspended may petition to have their student status, rights, and privileges restored before the suspension has expired by its own terms under s. UWS 17.17 (2). A respondent who has been expelled may petition for the right to apply for readmission. The petition shall be in writing and directed to the chief administrative officer of the institution from which the respondent was suspended or expelled or from a different University of Wisconsin institution to which the respondent seeks admission. The chief administrative officer shall make the readmission decision. In cases of sexual misconduct, the readmission decision shall be made in consultation with the Title IX Coordinator and reasonable attempts shall be made to notify the complainant of any change to the disciplinary outcome. If enrolled as a student at the time of the petition, the complainant shall be provided opportunity to respond to the petition prior to the readmission decision.

UWS 17.18 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; correction made under s. 35.17, Stats., Register September 2021 No. 789.

UWS 17.19 UWS 17.19 Emergency suspension.

UWS 17.19(1) (1) The chief administrative officer may impose an emergency suspension on a respondent, pending final institutional action on a report of nonacademic misconduct, in accordance with the procedures of this section.

UWS 17.19(2) (2) The chief administrative officer of each institution may impose an emergency suspension on a respondent when all of the following conditions are met:

UWS 17.19(2)(a) (a) The investigating officer has made a reasonable attempt to offer the respondent the opportunity for discussion, either in person or by telephone.

UWS 17.19(2)(b) (b) The investigating officer recommends a sanction of suspension or expulsion.

UWS 17.19(2)(c) (c) The chief administrative officer concludes, based on the available information, that the misconduct occurred and that the respondent’s continued presence on campus meets one or more of the following conditions:

UWS 17.19(2)(c)1. 1. Would constitute a potential for serious harm to the respondent.

UWS 17.19(2)(c)2. 2. Would constitute a potential for serious harm to others.

UWS 17.19(2)(c)3. 3. Would pose a threat of serious disruption of university-run or university-authorized activities.

UWS 17.19(2)(c)4. 4. Would constitute a potential for serious damage to university facilities or property.

UWS 17.19(2)(d) (d) In cases of sexual misconduct as defined in s. UWS 17.151, the chief administrative officer makes reasonable attempts to consult with the complainant and offer protective measures.

UWS 17.19(3) (3) If the chief administrative officer determines that an emergency suspension is warranted under sub. (2), the chief administrative officer shall promptly have written notification of the emergency suspension delivered to the respondent. In cases of sexual misconduct, as defined in s. UWS 17.151, the written notification of the emergency suspension shall be delivered simultaneously to the complainant and the respondent. The chief administrative officer’s decision to impose an emergency suspension shall be effective immediately when delivered to the respondent and is final.

UWS 17.19(4) (4) Where an emergency suspension is imposed, the hearing on the underlying allegations of misconduct shall be held, either on or outside of university lands, within 21 days of the imposition of the emergency suspension, unless the respondent agrees to a later date.

UWS 17.19(5) (5) An emergency suspension imposed in accordance with this section shall be in effect until the decision in the hearing on the underlying charges pursuant to s. UWS 17.12 or 17.153 is rendered or the chief administrative officer rescinds the emergency suspension. In no case shall an emergency suspension remain in effect for longer than 30 days, unless the respondent agrees to a longer period.

UWS 17.19(6) (6) If the chief administrative officer determines that none of the conditions specified in sub. (2) (c) are present, but that misconduct may have occurred, the case shall proceed in accordance with s. UWS 17.12 or 17.153, as applicable.

UWS 17.19 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. (1), (2) (intro.), (a), (c) (intro.), 1., (3), (4), (5) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: cr. (2) (d), am. (3), (5), (6) Register May 2021 No. 785, eff. 6-1-21; correction in (6) made under s. 35.17, Stats., Register May 2021 No. 785.