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

UWS 17.152(3)(h)(h) If, during the course of an investigation, the university decides to investigate allegations that are not included in the notice of investigation, the university shall send an amended notice of investigation with additional allegations.

UWS 17.152(4)(4) Investigation. During the investigation, the investigating officer shall do all of the following:

UWS 17.152(4)(a)(a) Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

UWS 17.152(4)(b)(b) Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

UWS 17.152(4)(c)(c) Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding; the university may, however, establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

UWS 17.152(4)(d)(d) Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.

UWS 17.152(4)(e)(e) Not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the university obtains that party’s voluntary, written consent to do so for a grievance process under this section.

UWS 17.152(5)(5) Review of evidence. Prior to completion of the final investigative report, as described in sub. (6), the university shall provide the complainant and respondent and their advisors, if any:

UWS 17.152(5)(a)(a) The evidence gathered during the university’s investigation that is directly related to the allegations of sexual misconduct, in an electronic format or hard copy, regardless of whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. This shall include information upon which the university does not intend to rely in reaching a determination regarding responsibility as well as any inculpatory or exculpatory evidence.

UWS 17.152(5)(b)(b) At least 10 days to submit a written response to the evidence, which the investigator shall consider prior to completion of the final investigative report.

UWS 17.152(6)(6) Final investigative report. The investigator shall create an investigative report that fairly summarizes relevant evidence. The final investigative report may contain recommended determinations as to whether sexual misconduct occurred and specification of any sanction recommended. The final investigative report shall be delivered simultaneously to the respondent and complainant and their advisors, if any, for their review and response at least 10 days prior to a hearing. Upon distribution of the final investigative report to the complainant and respondent, the following conditions shall apply:

UWS 17.152(6)(a)(a) The complainant and respondent have the right to a hearing under s. UWS 17.153 for a formal determination as to whether sexual misconduct occurred, potential disciplinary sanctions, or both.

UWS 17.152(6)(b)(b) The university shall proceed under s. UWS 17.153 to schedule a hearing on the matter. A hearing shall be conducted unless the complainant and respondent waive, in writing, the right to such a hearing or otherwise voluntarily choose to proceed with a settlement agreement or informal resolution under s. UWS 17.156.

UWS 17.152 HistoryHistory: CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (2) (intro.) made under s. 35.17, Stats., and correction in (1) (intro.), (2) (c), (6) (a), (b) made under s. 13.92, (4) (b) 7., Stats., Register May 2021 No. 785; correction in (2) (a) 1. made under s. 35.17, Stats., Register July 2021 No. 787.

UWS 17.153(1)(1) The university shall have the right to decide whether a hearing examiner or hearing committee shall hear the matter.

UWS 17.153(2)(2) The university shall take the necessary steps to convene the hearing and shall schedule it within 15 days of the distribution of the final investigative report. The hearing shall be conducted within 45 days of the distribution of the final investigative report, unless a different time period is mutually agreed upon by the complainant, respondent and university or is ordered or permitted by the hearing examiner or committee.

UWS 17.153(3)(3) No less than 10 days in advance of the hearing, the hearing examiner or committee shall obtain from the investigating officer, in writing, the final investigative report and any additional available information of the type described in s. UWS 17.152 (4).

UWS 17.153(4)(4) The hearing shall be conducted in accordance with all of the following guidance and requirements:

UWS 17.153(4)(a)(a) The hearing process shall further the educational purposes and reflect the university context of nonacademic misconduct proceedings. The process need not conform to state or federal rules of criminal or civil procedure, except as expressly provided in this chapter.

UWS 17.153(4)(b)(b) Both the complainant and respondent shall have the right to question adverse witnesses, the right to present information and witnesses, the right to be heard on their own behalf, and the right to be accompanied by an advisor of their choice. The advisor may be a lawyer. In accordance with the educational purposes of the hearing, the complainant and respondent are expected to respond on their own behalf to questions asked of them during the hearing.

UWS 17.153(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 17.153(4)(c)2.2. May not permit questions and evidence about the complainant’s sexual predisposition or prior sexual behavior unless: