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)(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)(b)(b) New evidence that was not reasonably available at the time of the dismissal that could affect the outcome of the matter.

UWS 4.14(4)(c)(c) The university employee making the dismissal decision had a conflict of interest or bias for the faculty member or against the complainant, or against complainants generally, that affected the dismissal decision.

UWS 4.14(5)(5) The chancellor shall provide the faculty member and complainant the opportunity to provide a written statement supporting or challenging the dismissal. The chancellor shall simultaneously issue a decision to the complainant and the faculty member within 30 days of receipt of a written appeal. The chancellor’s decision shall include the chancellor’s rationale for the decision and shall be final.

UWS 4.14(6)(6) The dismissal of a formal Title IX complaint does not preclude the university from otherwise pursuing discipline against the faculty member under other administrative rules or university policies.

UWS 4.14 HistoryHistory: CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (3) made under s. 13.92 (4) (b) 12., Stats., Register May 2021 No. 785.

UWS 4.15(1)(1) Unless the university dismisses a formal Title IX complaint, the university shall appoint an investigator to conduct an investigation of the allegations in the formal Title IX complaint.

UWS 4.15(2)(2) The investigator shall provide the faculty member and the complainant with a notice of investigation. The notice shall include all of the following:

UWS 4.15(2)(b)(b) The allegations of Title IX misconduct with sufficient detail for the faculty member to prepare a response to the allegations, including the identity of the complainant as well as the date and location of the incident if available.

UWS 4.15(2)(c)(c) A statement affirming the faculty member is presumed not responsible for the alleged violation.

UWS 4.15(2)(d)(d) The faculty member and complainant have the right to an advisor of their choice.

UWS 4.15(2)(e)(e) The faculty member and complainant have the right to inspect and review the evidence.

UWS 4.15(2)(f)(f) Information about any code of conduct rules which prohibit the faculty member or the complainant from knowingly making false statements or submitting false information during the disciplinary process.

UWS 4.15(3)(3) The faculty member and complainant shall receive an amended notice of investigation any time additional charges are added during the course of an investigation. Formal Title IX complaints involving more than one complainant or respondent may be consolidated if they arise out of the same facts or circumstances.

UWS 4.15(4)(4) The university’s investigator shall do all of the following:

UWS 4.15(4)(a)(a) Provide both the faculty member and the complainant an equal opportunity to provide witnesses, including fact and expert witnesses, who may be interviewed by the investigator, and other inculpatory and exculpatory evidence.