UWS 17.09UWS 17.09 Conduct subject to disciplinary action. In accordance with s. UWS 17.08, the university may discipline a student for engaging in, attempting to engage in, or assisting others to engage in any of the following types of nonacademic misconduct. Conduct defined in s. UWS 17.09 shall use the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss. UWS 17.11 to 17.15. However, at the university’s discretion, conduct defined in s. UWS 17.09, when arising out of the same facts and circumstances as sexual misconduct defined in s. UWS 17.151, may be consolidated with such charges and addressed with the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss. UWS 17.152 to 17.156.

UWS 17.09(6)(6) Illegal use, possession, manufacture, or distribution of alcohol or controlled substances. Use, possession, manufacture, or distribution of alcoholic beverages or of marijuana, narcotics, or other controlled substances, except as expressly permitted by law or university policy.

UWS 17.09(7)(7) Unauthorized use of or damage to property. Unauthorized possession of, use of, moving of, tampering with, damage to, or destruction of university property or the property of others.

UWS 17.09(8)(8) Disruption of university-authorized activities. Conduct that obstructs or impairs university-run or university-authorized activities, or that interferes with or impedes the ability of a person to participate in university-run or university-authorized activities.

UWS 17.09(9)(9) Forgery or falsification. Unauthorized possession of or fraudulent creation, alteration, or misuse of any university or other governmental document, record, key, electronic device, or identification.

UWS 17.09(10)(a)(a) Failure to comply with laws, license agreements, and contracts governing university computer network, software, and hardware use.

UWS 17.09(11)(11) False statement or refusal to comply regarding a university matter. Making a knowingly false oral or written statement to any university employee or agent of the university regarding a university matter, or refusal to comply with a reasonable request on a university matter.

UWS 17.09(14)(14) Violation of ch. UWS 18. Conduct that violates ch. UWS 18, including, but not limited to, provisions regulating fire safety, theft, and dangerous weapons.

UWS 17.09(15)(15) Violation of university rules. Conduct that violates any published university rules, regulations, or policies, including provisions contained in university contracts with students.

UWS 17.09(16)(16) Noncompliance with disciplinary sanctions. Conduct that violates a sanction, requirement, or restriction imposed in connection with previous disciplinary action.

UWS 17.09(20)(20) Retaliation. Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured in ss. UWS 17.152 to 17.156, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under ss. UWS 17.152 to 17.156.

UWS 17.09 HistoryHistory: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: cr. (17), (18), (19) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (intro.), r. (2), (3), (17) to (19), cr. (20) Register May 2021 No. 785, eff. 6-1-21; correction in (intro.) made under s. 35.17, Stats., Register July 2021 No. 787.

UWS 17.11UWS 17.11 Disciplinary procedure.

UWS 17.11(1)(1) Process. The investigating officer may proceed in accordance with this section to impose, subject to hearing and appeal rights, one or more of the disciplinary sanctions listed in s. UWS 17.085 (1) for conduct defined in s. UWS 17.09.

UWS 17.11(2)(2) Conference with respondent. When the investigating officer concludes that proceedings under this section are warranted, the investigating officer shall promptly contact the respondent in person, by telephone, or by electronic mail to offer to discuss the matter, review the investigating officer’s basis for believing that the respondent engaged in nonacademic misconduct, and to afford the respondent an opportunity to respond. If the respondent fails to respond to the investigating officer, the investigating officer may proceed to decide on the basis of the available information.

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)(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: