UWS 11.25(2)(a) (a) Procedural irregularity that affected the outcome of the matter.

UWS 11.25(2)(b) (b) New evidence that was not reasonably available at the time of the live hearing that could affect the outcome of the matter.

UWS 11.25(2)(c) (c) Conflict of interest or bias for or against the academic staff member or complainant, or against complainants and respondents generally, by the Title IX coordinator, investigator, the chancellor, the hearing examiner, or the hearing committee members that affected the outcome.

UWS 11.25(3) (3) If the board decides to take action different from the decision of the chancellor, then before taking final action the board shall consult with the chancellor.

UWS 11.25(4) (4) The board shall make its decision based on the record created before the hearing committee or hearing examiner. Within 60 days of receipt of the chancellor’s decision, or otherwise as soon as practicable, the board shall simultaneously notify the academic staff member and the complainant of the board’s final decision, which shall include the board’s rationale for its decision.

UWS 11.25(5) (5) A decision by the board ordering dismissal of an academic staff member shall specify the effective date of the dismissal.

UWS 11.25 History History: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (1) made under s. 35.17, Stats., Register May 2021 No. 785.

UWS 11.26 UWS 11.26 Suspension from duties in Title IX misconduct dismissal cases. Pending the final decision as to dismissal, an academic staff member with an indefinite appointment may not be relieved of duties, except where, after consulting with the appropriate administrative officer, the chancellor finds that substantial harm may result if the staff member is continued in the staff member’s position. Where such determination is made, the staff member may be relieved of the staff member’s position immediately, or be assigned to another administrative unit, but the staff member’s salary shall continue until the chancellor makes a decision as to dismissal, unless the chancellor also makes the determinations set forth in s. UWS 11.32 (1) in which case the suspension from duties may be without pay and the procedures set forth in s. UWS 11.32 shall apply.

UWS 11.26 History History: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

subch. IV of ch. UWS 11 Subchapter IV — Procedures for Dismissal for Cause in Special Cases – Indefinite Academic Staff Appointments

UWS 11.27 UWS 11.27 Subchapter IV definition. In this subchapter, “affected party” means any student, employee, visitor, or an individual participating in a university program or activity, who is a victim of an academic staff member’s serious criminal misconduct.

UWS 11.27 History History: CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

UWS 11.28 UWS 11.28 Dismissal for cause in special cases - indefinite academic staff appointments. A member of the academic staff holding an indefinite appointment may be dismissed for serious criminal misconduct, as defined in s. UWS 11.29.

UWS 11.28 History History: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.101 and am. Register May 2021 No. 785, eff. 6-1-21.

UWS 11.29 UWS 11.29 Serious criminal misconduct.

UWS 11.29(1) (1) In this chapter, “serious criminal misconduct” means:

UWS 11.29(1)(a) (a) Pleading guilty or no contest to, or being convicted of a felony, in state or federal court, where one or more of the conditions in par. (b), (c), (d), or (e) are present, and the felony involves any of the following:

UWS 11.29(1)(a)1. 1. Causing serious physical injury to another person.

UWS 11.29(1)(a)2. 2. Creating a serious danger to the personal safety of another person.

UWS 11.29(1)(a)3. 3. Sexual assault.

UWS 11.29(1)(a)4. 4. Theft, fraud or embezzlement.

UWS 11.29(1)(a)5. 5. Criminal damage to property.

UWS 11.29(1)(a)6. 6. Stalking or harassment.

UWS 11.29(1)(b) (b) A substantial risk to the safety of members of the university community or others is posed.

UWS 11.29(1)(c) (c) The university’s ability, or the ability of the academic staff member’s colleagues, to fulfill teaching, research or public service missions is seriously impaired.

UWS 11.29(1)(d) (d) The academic staff member’s fitness or ability to fulfill the duties of their position is seriously impaired.

UWS 11.29(1)(e) (e) The opportunity of students to learn, do research, or engage in public service is seriously impaired.

UWS 11.29(2) (2) Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, shall not constitute serious criminal misconduct.

UWS 11.29(3) (3) Except as otherwise expressly provided, an academic staff member who has engaged in serious criminal misconduct shall be subject to the procedures set forth in ss. UWS 11.30 to 11.33.