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 HistoryHistory: 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 17.12UWS 17.12Hearing.
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).