UWS 7.01 HistoryHistory: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16; CR 20-060: am. Register May 2021 No. 785, eff. 6-1-21.
UWS 7.015UWS 7.015Definitions.
UWS 7.015(1g)(1g)“Affected party” means any student, employee, visitor, or an individual participating in a university program or activity, who is a victim of a faculty member’s serious criminal misconduct.
UWS 7.015(1m)(1m)“Clear and convincing evidence” means information that would persuade a reasonable person to have a firm belief that a proposition is more likely true than not true. It is a higher standard of proof than “preponderance of the evidence.”
UWS 7.015(3)(3)“Complaint” means an allegation against a faculty member reported to an appropriate university official.
UWS 7.015(4)(4)“Consult” or “consulting” means thoroughly reviewing and discussing the relevant facts and discretionary issues.
UWS 7.015(5)(5)“Preponderance of the evidence” means information that would persuade a reasonable person that a proposition is more probably true than not. It is a lower standard of proof than “clear and convincing evidence.”
UWS 7.015(6)(6)“Serious criminal misconduct” is defined in s. UWS 7.02.
UWS 7.015 HistoryHistory: CR 15-061: cr. Register June 2016 No. 726, eff. 7-1-16; s. 35.17 correction in (2) Register June 2016 No. 726; CR 20-060: r. and recr. (2) Register May 2021 No. 785, eff. 6-1-21; renum. (1), (2) to (1m), (1g) under s. 13.92 (4) (b) 1., Stats., Register May 2021 No. 785.
UWS 7.02UWS 7.02Serious criminal misconduct.
UWS 7.02(1)(1)In this chapter, “serious criminal misconduct” means:
UWS 7.02(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 7.02(1)(a)1.1. Causing serious physical injury to another person.
UWS 7.02(1)(a)2.2. Creating a serious danger to the personal safety of another person.
UWS 7.02(1)(a)3.3. Sexual assault.
UWS 7.02(1)(a)4.4. Theft, fraud or embezzlement.
UWS 7.02(1)(a)5.5. Criminal damage to property.
UWS 7.02(1)(a)6.6. Stalking or harassment.
UWS 7.02(1)(b)(b) A substantial risk to the safety of members of the university community or others is posed.
UWS 7.02(1)(c)(c) The university’s ability, or the ability of the faculty member’s colleagues, to fulfill teaching, research or public service missions is seriously impaired.
UWS 7.02(1)(d)(d) The faculty member’s fitness or ability to fulfill the duties of the faculty member’s position is seriously impaired.
UWS 7.02(1)(e)(e) The opportunity of students to learn, do research, or engage in public service is seriously impaired.
UWS 7.02(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 7.02(3)(3)Except as otherwise expressly provided, a faculty member who has engaged in serious criminal misconduct shall be subject to the procedures set forth in ss. UWS 7.03 to 7.06.
UWS 7.02(4)(4)Any act required or permitted by ss. UWS 7.03 to 7.06 to be done by the chancellor may be delegated to the provost or another designee pursuant to institutional policies approved by the Board of Regents under s. UWS 2.02.
UWS 7.02 HistoryHistory: CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; 2015 Wis. Act 330 s. 20: am. (4) Register April 2016 No. 724, eff. 5-1-16; CR 20-060: am. (1) (d) Register May 2021 No. 785, eff. 6-1-21.
UWS 7.03UWS 7.03Dismissal for cause.
UWS 7.03(1)(1)Any faculty member having tenure may be dismissed only by the board and only for just cause and only after due notice and hearing. Any faculty member having a probationary appointment may be dismissed prior to the end of the term of appointment only by the board and only for just cause and only after due notice and hearing.
UWS 7.03(2)(2)Just cause for dismissal includes, but is not limited to, serious criminal misconduct, as defined in s. UWS 7.02.