UWS 11.13UWS 11.13Subchapter III definitions. In this subchapter:
UWS 11.13(1)(1)“Complainant” means any individual who is alleged to be the subject of Title IX misconduct, as defined in this section.
UWS 11.13(2)(2)“Education program or activity” means, for purposes of Title IX misconduct only, locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the relevant misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the university.
UWS 11.13(3)(3)“Formal Title IX complaint” means, for the purposes of Title IX misconduct only, a document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against an academic staff member and requesting that the institution investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant must be participating in or attempting to participate in an educational program or activity. A formal complaint may be filed in person, by mail, by electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.
UWS 11.13(4)(4)“Respondent” means an individual who has been reported to be the perpetrator of Title IX misconduct as defined in this section.
UWS 11.13(5)(5)“Sexual harassment” means conduct on the basis of sex that satisfies any of the following:
UWS 11.13(5)(a)(a) An employee of the institution conditions the provision of an aid, benefit, or service of the institution directly or indirectly on an individual’s participation in unwelcome sexual conduct.
UWS 11.13(5)(b)(b) Unwelcome conduct of a sexual nature directed towards 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 objectionably offensive that it effectively denies the person equal access to the institution’s education program or activity.
UWS 11.13(6)(6)“Title IX misconduct” means sexual assault, stalking, dating violence, or domestic violence as defined in this chapter and sexual harassment as defined in sub. (5).
UWS 11.13 HistoryHistory: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (intro.) made under s. 35.17, Stats., Register May 2021 No. 785.
UWS 11.14UWS 11.14Dismissal for cause or lesser discipline for Title IX misconduct.
UWS 11.14(1)(1)An academic staff member may be dismissed for cause, or subject to lesser discipline, for Title IX misconduct as the term is defined in s. UWS 11.13.
UWS 11.14(2)(2)Title IX misconduct allegations against academic staff shall follow the disciplinary procedure in ss. UWS 11.13 to 11.26. An academic staff member may be dismissed only for just cause and may otherwise be disciplined only after due notice and hearing.
UWS 11.14(3)(3)The board’s policy is that members of the academic staff are entitled to enjoy and exercise all rights of United States citizens and to perform their duties in accordance with appropriate professional codes of ethics. This policy shall be observed in determining whether or not just cause for dismissal, or grounds for other discipline, exists. The burden of proof of the existence of just cause for a dismissal, or grounds for other discipline, is on the administration.
UWS 11.14(4)(4)The academic staff 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.
UWS 11.14 HistoryHistory: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.
UWS 11.15UWS 11.15Application 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 11.15(1)(1)There is a formal Title IX complaint alleging Title IX misconduct on the basis of sex.
UWS 11.15(2)(2)The conduct occurred in the United States.
UWS 11.15(3)(3)The conduct occurred within the university’s education programs or activities.
UWS 11.15(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 formal Title IX complaint.
UWS 11.15(5)(5)The complainant or Title IX Coordinator have submitted a written formal Title IX complaint.
UWS 11.15 HistoryHistory: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.
UWS 11.16UWS 11.16Dismissal of formal Title IX complaint and related appeal.
UWS 11.16(1)(1)The university shall dismiss formal Title IX complaints consisting of allegations that meet any of the following conditions:
UWS 11.16(1)(a)(a) The alleged conduct would not constitute Title IX misconduct if proved.
UWS 11.16(1)(b)(b) The alleged conduct did not occur in a university education program or activity.
UWS 11.16(1)(c)(c) The alleged conduct did not involve actions against someone physically located in the United States.
UWS 11.16(2)(2)The university may dismiss formal Title IX complaints under any of the following conditions: