UWS 17.151(6)(f)2. 2. Other information of a sexual nature, including sexual history or sexual orientation.

UWS 17.151 History History: CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (title) made under s. 13.92 (4) (b) 2., Stats., and correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

UWS 17.152 UWS 17.152 Sexual misconduct disciplinary procedure.

UWS 17.152(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 sexual misconduct defined in s. UWS 17.151, and conduct described in s. UWS 17.09 may be consolidated with sexual misconduct charges pursuant to this section and consistent with s. UWS 17.08. When responding to sexual misconduct, the university may take the following actions:

UWS 17.152(1)(a) (a) The university may consolidate disciplinary procedures as to allegations of sexual misconduct, as defined in s. UWS 17.151, against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual misconduct arise out of the same facts or circumstances.

UWS 17.152(1)(b) (b) In consultation with the complainant, the university may choose to address allegations of sexual misconduct with non-disciplinary measures outside the procedures of this chapter. Non-disciplinary measures may include supportive measures and protective measures for complainant, which may or may not involve the respondent.

UWS 17.152(2) (2) Title IX misconduct. Either a complainant or the Title IX Coordinator may file the formal Title IX complaint as defined in s. UWS 17.02 (8m). Unless a formal Title IX complaint is dismissed under par. (a) or (b), sexual misconduct under this section shall also be considered “Title IX misconduct” and require associated process. Dismissals will be handled as follows:

UWS 17.152(2)(a) (a) The university shall dismiss a formal Title IX complaint that does not meet all of the following requirements:

UWS 17.152(2)(a)1. 1. The alleged conduct is on the basis of sex and meets the definitions of sexual harassment, as defined in s. UWS 17.151 (1) (a), or sexual assault, dating violence, domestic violence, or stalking, as defined in s. UWS 17.151 (2) to (5).

UWS 17.152(2)(a)2. 2. The alleged conduct occurred within a university “education program or activity,” as defined in s. UWS 17.02 (7m).

UWS 17.152(2)(a)3. 3. The alleged conduct occurred against the complainant while in the United States.

UWS 17.152(2)(a)4. 4. The complainant is participating in or attempting to participate in the university’s education program or activity at the time the complaint is filed.

UWS 17.152(2)(b) (b) The university may dismiss a formal Title IX complaint if any of the following conditions are met at any time during the disciplinary procedure or hearing:

UWS 17.152(2)(b)1. 1. The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal Title IX complaint or any allegations therein.

UWS 17.152(2)(b)2. 2. The respondent is no longer enrolled in the university.

UWS 17.152(2)(b)3. 3. Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal Title IX complaint or allegations therein.

UWS 17.152(2)(c) (c) Upon dismissal of a formal Title IX complaint, the university shall promptly send written notice of the dismissal and reason therefore simultaneously to the complainant and respondent. The complainant and respondent have the right to appeal the dismissal of a formal Title IX complaint under s. UWS 17.154 (1).

UWS 17.152(2)(d) (d) Dismissal of a formal Title IX complaint does not preclude other university action under this chapter.

UWS 17.152(3) (3) Notice of investigation. When the investigating officer concludes that proceedings under this section are warranted, the investigating officer shall promptly distribute a written notice of investigation in person, by telephone or by electronic mail, to the complainant and respondent. The notice of investigation shall include all of the following:

UWS 17.152(3)(a) (a) The details known at the time of issuing notice, including:

UWS 17.152(3)(a)1. 1. The identities of the complainant and respondent involved in the incident, if known.

UWS 17.152(3)(a)2. 2. The conduct allegedly constituting sexual misconduct.

UWS 17.152(3)(a)3. 3. The date and location of alleged incident, if known.

UWS 17.152(3)(b) (b) Notice to the complainant and respondent that they may have an advisor of their choice, who may be an attorney.

UWS 17.152(3)(c) (c) Notice to the complainant and respondent that they may inspect and review evidence collected during the investigation.

UWS 17.152(3)(d) (d) Notice that making a knowingly false statement or refusing to comply regarding a university matter may violate s. UWS 17.09 (11) and could result in additional sanctions.

UWS 17.152(3)(e) (e) Notice that the respondent is presumed not responsible for the alleged sexual misconduct until a determination regarding responsibility is made at the conclusion of the disciplinary procedure.

UWS 17.152(3)(f) (f) Notice if the sexual misconduct disciplinary procedure also involves Title IX misconduct.

UWS 17.152(3)(g) (g) Information about the nonacademic misconduct process available under this chapter and about any available informal resolution process.