Chapter UWS 18

UWS 18.11(9)(b) (b) Where appropriate and consistent with the rights of residence halls students, the policies and procedures developed under this subsection shall apply to all residence halls at an institution. Matters to be addressed in institutional policies and procedures shall include at least the following:

UWS 18.11(9)(b)1. 1. The hours of the day and the time of year, if any, to which particular activities shall be limited.

UWS 18.11(9)(b)2. 2. The locations in residence halls, if any, to which particular activities shall be limited.

UWS 18.11(9)(b)3. 3. Any requirement for registering or obtaining permission to enter a residence hall before engaging in a particular activity.

UWS 18.11(9)(c) (c) Notwithstanding s. UWS 18.14, institutional policies and procedures developed pursuant to this subsection shall be reported to the Board of Regents for approval.

UWS 18.11(9)(d) (d) Institutional policies and procedures developed pursuant to this subsection shall be available at each residence hall, at the office of each chief administrative officer of an institution, and at the office of the secretary to the Board of Regents.

UWS 18.11 History History: CR 08-099: (1) to (7) (c), (f), (8) and (9) renum. from UWS 18.06 (46), (30), (33), (23), (25), (21), (22) (a) to (d), (16) and (16m) and am. (5) (a) 1., (6), (8) (intro.), (a), (c) and (9) (c), cr. (title), (7) (d) and (e) Register August 2009 No. 644, eff. 9-1-09; corrections in (4) (d), (6) (title) and (7) (title) made under s. 13.92 (4) (b) 2. and 7., Stats., Register August 2009 No. 644; 2015 Wis. Act 330 s. 20: am. (9) (c), (d) Register April 2016 No. 724, eff. 5-1-16.

UWS 18.12 UWS 18.12 Property offenses.

UWS 18.12(1) (1) Computer data, programs, equipment or supplies. No person may willfully, knowingly and without authorization do or attempt to do any of the following:

UWS 18.12(1)(a) (a) Modify, destroy, access, take possession of or copy data, computer programs or supporting documentation;

UWS 18.12(1)(b) (b) Disclose restricted access codes or other restricted access information to a person not authorized to possess such codes or information;

UWS 18.12(1)(c) (c) Modify, destroy, use, take or damage a computer, computer system or computer network;

UWS 18.12(1)(d) (d) Modify, destroy, use, take or damage any equipment or supplies used, or intended to be used, in a computer, computer system or computer network.

UWS 18.12(1)(e) (e) Cause an interruption in service by submitting a message or multiple messages to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network.

UWS 18.12(2) (2) Fraud in university accommodations or eating places.

UWS 18.12(2)(a) (a) No person may, after having received any food, lodging or other service or accommodation at any university housing facility or eating place, intentionally abscond without paying for it.

UWS 18.12(2)(b) (b) No person may, while in any university housing or lodging facility or eating place, intentionally defraud the university or its employees or agents in charge of the facility or eating place, in any transaction arising out of the relationship as a user of the housing or lodging facility or eating place.

UWS 18.12(2)(c) (c) In this subsection, prima facie evidence that the person intentionally absconded without paying for the food, lodging or other service or intentionally defrauded the university or its employees or agents has the meaning and includes the items of proof set forth in s. 943.21 (2), Stats.

UWS 18.12(3) (3) Issue of worthless check.

UWS 18.12(3)(a) (a) No person may issue any check or other order for the payment of money in an amount not more than $2,500 which, at the time of issuance, he or she intends shall not be paid.

UWS 18.12(3)(b) (b) In this subsection, prima facie evidence that the person, at the time he or she issued the check or other order for the payment of money, intended it should not be paid, has the meaning and includes the items of proof set forth in s. 943.24, Stats.

UWS 18.12(3)(c) (c) This subsection does not apply to a postdated check or to a check given for past consideration, except a payroll check.

UWS 18.12(4) (4) Library materials.

UWS 18.12(4)(a) (a) No person may intentionally take, carry away, transfer, conceal or retain possession of any library material without the consent of a library official, agent or employee and with the intent to deprive the library of possession of the material.

UWS 18.12(4)(b) (b) The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library’s procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.

UWS 18.12(5) (5) Retail theft.

UWS 18.12(5)(a) (a) No person may intentionally alter indicia of price or value of merchandise or take and carry away, transfer, conceal or retain possession of merchandise held for resale by a merchant, or property of the merchant, without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise.

UWS 18.12(5)(b) (b) No person may intentionally remove a theft detection device from merchandise, or use a theft detection shielding device, without the merchant’s consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise.

UWS 18.12(5)(c) (c) In this subsection, “merchant” includes any “merchant” as defined in s. 402.104 (3), Stats., and any vendor or bookstore authorized to sell in university buildings or on university lands.

UWS 18.12(5)(d) (d) In this subsection, “theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant, and “theft detection shielding device” means any laminated or coated bag or device designed to shield such merchandise from detection by an electronic or magnetic theft alarm sensor.

UWS 18.12(6) (6) Theft.

UWS 18.12(6)(a) (a) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of under $100, without consent and with the intent to deprive the owner permanently of such property.

UWS 18.12(6)(b) (b) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of at least $100 but not more than $1,000, without consent and with the intent to deprive the owner permanently of such property.

UWS 18.12(7) (7) Use of cheating tokens. No person may obtain the property or services of another by depositing anything which he or she knows is not lawful money or is an unauthorized token in any receptacle used for the deposit of coins or tokens.

UWS 18.12(8) (8) Vandalism. No person may break, tear up, mar, destroy or deface any notice, tree, vine, shrub, flower or other vegetation, or dislocate any stones, or disfigure natural conditions, or deface, alter, destroy or damage in any way any other property, real or personal, within the boundaries of any university lands unless authorized by the chief administrative officer.

UWS 18.12 History History: CR 08-099: (1) to (5) (a), (c), (6) to (8) renum. from UWS 18.06 (45), (38), (37), (50), (31) (a) and (b), (41), (39) and (4) and am. (3) (a) and (6) (b), cr. (title), (1) (e), (2) (c), (5) (b) and (d) Register August 2009 No. 644, eff. 9-1-09.

UWS 18.13 UWS 18.13 Penalties. Unless otherwise specified, the penalty for violating any of the rules in ss. UWS 18.06 to 18.12 shall be a forfeiture of not more than $500, as provided in s. 36.11 (1) (c), Stats.

UWS 18.13 Note Note: Violations of the rules in ss. UWS 18.06 to 18.12 will be processed in accordance with the citation procedure established in s. 778.25, Stats.

UWS 18.13 History History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. Register, November, 1991, No. 431, eff. 12-1-91; CR 08-099: renum. from UWS 18.07 and am. Register August 2009 No. 644, eff. 9-1-09.

UWS 18.14 UWS 18.14 Institutional regulations. Institutional regulations promulgated under ss. UWS 18.04 to 18.12 shall take effect when filed with the secretary of the board.

UWS 18.14 History History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; CR 08-099: renum. from UWS 18.09 and am. Register August 2009 No. 644, eff. 9-1-09.

UWS 18.15 UWS 18.15 Additional statutory penalty provisions regulating conduct on university lands.

UWS 18.15(1) (1) Controlled substances. The use or possession of controlled substances as defined in s. 961.01 (4), Stats., is prohibited on all university property with the specific exemptions set forth in ch. 961, Stats., and as permitted under s. 961.34, Stats. The penalty provisions of ch. 961, Stats., and chs. UWS 17 and 18 may apply to violations occurring on university lands.

UWS 18.15(2) (2) Student convicted of dangerous and obstructive crime. Section 36.35 (3), Stats., provides: “Any person who is convicted of any crime involving danger to property or persons as a result of conduct by him which obstructs or seriously impairs activities run or authorized by an institution and who, as a result of such conduct, is in a state of suspension or expulsion from the institution, and who enters property of that institution without permission of the chancellor of the institution or the chancellor’s designee within 2 years, may for each such offense be fined not more than $500 or imprisoned not more than 6 months, or both.”

UWS 18.15 History History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. (1), Register, November, 1991, No. 431, eff. 12-1-91; correction in (2) made under s. 13.93 (2m) (b) 7, Stats., Register, November, 1991, No. 431; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 08-099: renum. from UWS 18.10 and am. Register August 2009 No. 644, eff. 9-1-09.