UWS 4.11(5)(b)(b) Unwelcome conduct of a sexual nature directed toward a student, an employee, or a person participating in a program or activity of the university that, when using the legal “reasonable person” standard, the conduct is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity. UWS 4.11(6)(6) “Title IX misconduct” means sexual assault, stalking, dating violence, or domestic violence, as defined in s. UWS 4.015 and sexual harassment, as defined in sub. (5). UWS 4.11 HistoryHistory: CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21; corrections in (6) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., and correction in (3) made under s. 13.92 (4) (b) 12., Stats., Register May 2021 No. 785. UWS 4.12UWS 4.12 Dismissal for cause or lesser discipline for Title IX misconduct. UWS 4.12(1)(1) The board may dismiss a faculty member for cause, or impose lesser discipline on a faculty member, for Title IX misconduct as defined in s. UWS 4.11. UWS 4.12(2)(2) Title IX misconduct allegations against faculty shall follow the disciplinary procedure in ss. UWS 4.11 to 4.24. The board may dismiss a faculty member having tenure only for just cause and may otherwise discipline a faculty member having tenure only after due notice and hearing. The board may dismiss a faculty member having a probationary appointment prior to the end of the faculty member’s term of appointment only for just cause and may otherwise discipline the faculty member only after due notice and hearing. UWS 4.12(3)(3) A faculty member is entitled to enjoy and exercise all the rights and privileges of a United States citizen, and the rights and privileges of academic freedom as they are generally understood in the academic community. These rights and privileges shall be observed in determining whether or not just cause for dismissal, or grounds for other discipline, exists. UWS 4.12(4)(4) The faculty member is presumed to be not responsible for the alleged Title IX misconduct until a final decision regarding responsibility is made at the conclusion of the disciplinary process. The burden of proof of the existence of just cause for a dismissal, or of grounds for other discipline, is on the university administration. UWS 4.12 HistoryHistory: CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21. UWS 4.13UWS 4.13 Application of Title IX misconduct disciplinary procedure. This disciplinary procedure for Title IX misconduct will be used only when all of the following requirements are met: UWS 4.13(1)(1) There is a formal Title IX complaint alleging Title IX misconduct on the basis of sex. UWS 4.13(2)(2) The conduct occurred in the United States. UWS 4.13(3)(3) The conduct occurred within a university’s education program or activity. UWS 4.13(4)(4) The complainant must be participating in or attempting to participate in the education program or activity of the university at the time of filing the complaint. UWS 4.13(5)(5) The complainant or Title IX coordinator has submitted a formal Title IX complaint. UWS 4.13 HistoryHistory: CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21. UWS 4.14UWS 4.14 Dismissal of formal Title IX complaint and related appeal. UWS 4.14(1)(1) The university shall dismiss a formal Title IX complaint consisting of allegations that meet any of the following conditions: UWS 4.14(1)(a)(a) The alleged conduct would not constitute Title IX misconduct if proved. UWS 4.14(1)(b)(b) The alleged conduct did not occur in a university program or activity. UWS 4.14(1)(c)(c) The alleged conduct did not involve actions against someone physically located in the United States. UWS 4.14(2)(2) The university may dismiss a formal Title IX complaint when any of the following applies: UWS 4.14(2)(a)(a) The complainant formally requests in writing to withdraw the formal Title IX complaint. UWS 4.14(2)(b)(b) The faculty member is no longer employed by the university. UWS 4.14(2)(c)(c) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination on the allegations contained in the formal Title IX complaint. UWS 4.14(3)(3) The university generally shall decide whether to dismiss a formal Title IX complaint within 30 days of receipt of the formal Title IX complaint, but the university may extend that timeline as necessary. If a formal Title IX complaint is dismissed, then the university shall provide notice of the dismissal and reasons therefore to the faculty member and complainant in writing. UWS 4.14(4)(4) Within 20 days of receipt of the notice of dismissal, the complainant may appeal the dismissal by filing a written appeal with the chancellor. The complainant may appeal on any of the following bases: UWS 4.14(4)(a)(a) Procedural irregularity that affected the outcome of the matter. UWS 4.14(4)(b)(b) New evidence that was not reasonably available at the time of the dismissal that could affect the outcome of the matter.