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)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)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)(g)(g) The hearing examiner or committee may impose one or more of the disciplinary sanctions listed in s. UWS 17.085 (1) (a) to (g) that differs from the recommendation of the investigating officer. Sanctions under s. UWS 17.085 (1) (h) to (j) may not be imposed unless previously recommended by the investigating officer. UWS 17.12(4)(h)(h) The hearing shall be conducted by the hearing examiner or committee, and the university’s case against the respondent shall be presented by the investigating officer or the investigating officer’s designee. UWS 17.12(4)(i)(i) The decision of the hearing examiner or committee shall be prepared within 14 days of the hearing, and delivered to the respondent, excluding information that may be precluded by state or federal law. The decision shall become final within 14 days of the date on the written decision unless an appeal is taken under s. UWS 17.13. UWS 17.12(4)(j)(j) If the respondent fails to appear at a schedule hearing and to proceed, the hearing examiner or committee may issue a decision based upon the information provided. UWS 17.12(4)(k)(k) Disciplinary hearings are subject to s. 19.85, Stats., Wisconsin Open Meetings of Governmental Bodies, and may be closed if the respondent requests a closed hearing or if the hearing examiner or committee determines it is necessary to hold a closed hearing. Deliberations of the committee shall be held in closed session, in accordance with s. 19.85, Stats. As such, proper notice and other applicable rules shall be followed. UWS 17.12 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. (1), (2), (3), (4) (b), (c) 3., (d), (f) 3., (h), (i), (j), (k) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (1), (3), (4) (b), (c) 3., (d), (f) 1., 2., r. (4) (f) 3., am. (4) (g) to (k) Register May 2021 No. 785, eff. 6-1-21; correction in (k) made under s. 35.17, Stats., Register May 2021 No. 785. UWS 17.13(1)(1) For conduct defined in s. UWS 17.09, where the sanction prescribed by the hearing examiner or committee is one of those listed in s. UWS 17.085 (1) (h) to (j), the respondent may appeal in writing to the chief administrative officer within 14 days of the date of the written decision to review the decision of the hearing examiner or committee, based upon the record. UWS 17.13(3)(3) The chief administrative officer has 30 days from receipt of an appeal to respond and shall sustain the decision unless the chief administrative officer finds any of the following: UWS 17.13(3)(a)(a) The information in the record does not support the findings or decision. UWS 17.13(3)(b)(b) Appropriate procedures were not followed which resulted in material prejudice to the respondent. UWS 17.13(3)(c)(c) The decision was based on factors proscribed by state or federal law. UWS 17.13(4)(4) If the chief administrative officer makes a finding under sub. (3), the chief administrative officer may return the matter for consideration, or may invoke an appropriate remedy of the chief administrative officer’s own. The chief administrative officer’s decision shall be communicated to the respondent. UWS 17.13 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: renum. (1) (intro.) to (1) and am., r. (1) (a), (b), (c), r. and recr. (2), cr. (3), (4) Register June 2016 No. 726, eff. 7-1-16; correction in (2) (a), (b) under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register June 2016 No. 726; CR 20-062: am. (1), r. (2), am. (3) (b), (4) Register May 2021 No. 785, eff. 6-1-21. UWS 17.14UWS 17.14 Discretionary appeal to the Board of Regents. For conduct defined in s. UWS 17.09, institutional decisions under ss. UWS 17.11 to 17.13 shall be final, except that the board of regents may, at its discretion, grant a review upon the record, upon written request submitted by the respondent within 14 days of the final institutional decision. UWS 17.15UWS 17.15 Settlement. For conduct defined in s. UWS 17.09, the procedures set forth in this chapter allow the university and a respondent to enter into a settlement agreement regarding the alleged misconduct, after proper notice has been given. Any such agreement and its terms shall be in writing and signed by the respondent and the investigating officer or student affairs officer. The case is concluded when a copy of the signed agreement is delivered to the respondent.