Wis. Admin. Code UWS — Board of Regents of the University of Wisconsin System

Chapter UWS 1 DEFINITIONS OF TERMS USED IN CHS. UWS 1 TO 6

Wis. Admin. Code § UWS 1.01 Academic staff {#sec-uws-1.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.01}

“Academic staff” means professional and administrative personnel, other than faculty and university staff, with duties and types of appointments that are primarily associated with higher education institutions or their administration.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 1.02 Board of Regents or board {#sec-uws-1.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.02}

“Board of Regents” or “board” means the Board of Regents of the University of Wisconsin System.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 1.03 Department {#sec-uws-1.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.03}

“Department” means a group of faculty members recognized by the faculty and chancellor of the institution, and the Board of Regents, as dealing with a common field of knowledge or as having a common or closely related disciplinary or interdisciplinary interest.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 1.04 Faculty {#sec-uws-1.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.04}

“Faculty” means persons who hold the rank of professor, associate professor, assistant professor, or instructor in an academic department or its functional equivalent in an institution. The appointment of a member of the academic staff may be converted to a faculty appointment in accordance with s. UWS 3.01 (1) (c).

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 1.05 Faculty status {#sec-uws-1.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.05}

By action of the appropriate faculty body and chancellor of an institution, members of the academic staff may be designated as having “faculty status.” “Faculty status”means a right to participate in faculty governance of an institution in accordance with the rules of the institution. Faculty status does not confer rank or tenure, or convert an academic staff appointment into a faculty appointment.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 1.06 Institution {#sec-uws-1.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.06}

“Institution” means any university, or an organizational equivalent designated by the board.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 1.07 University {#sec-uws-1.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.07}

“University” means any baccalaureate or graduate degree granting institution.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 1.08 Notice periods {#sec-uws-1.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.08}

(1) When an act is required by these rules to be done within a specified number of days:

(a) Day shall mean calendar day,

(b) The first day shall be the day after the event, such as receipt of a notice or conclusion of a hearing,

(c) Each day after the first day shall be counted, except that a Sunday or legal holiday shall not be counted if it would be the final day of the period.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Chapter UWS 2 FACULTY RULES; COVERAGE AND DELEGATION

Wis. Admin. Code § UWS 2.01 Rules {#sec-uws-2.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 2.01}

Rules in chs. UWS 2 and 3 apply to all faculty appointments made on or after the effective date of these rules. Any person who holds a tenure appointment under former chs. 36 and 37, 1971 Stats., and related rules shall continue to hold tenure as defined under those chapters and related rules. Any person who holds a probationary appointment under former chs. 36 and 37, 1971 Stats., and related rules shall continue to enjoy the contractual rights and guarantees as defined under those chapters and related rules. The rules in chs. UWS 4 to 8 apply to all appointments to faculty positions regardless of whether the appointment preceded the adoption of these rules.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 2.02 Delegation {#sec-uws-2.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 2.02}

Rules and procedures developed pursuant to chs. UWS 3, 4, 5, 6, 7, and 8 by the faculty of each institution shall be forwarded by the chancellor to the president and by the president to the board for its approval prior to their taking effect. Such policies and procedures, unless disapproved or altered by the regents, shall be in force and effect as rules of the regents.

History

Register, January, 1975, No. 229, eff. 2-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86; CR 06-078: am. Register May 2007 No. 617, eff. 6-1-07.

Chapter UWS 3 FACULTY APPOINTMENTS

Wis. Admin. Code § UWS 3.01 Types of appointments {#sec-uws-3.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.01}

(1) Appointments to the faculty are either tenure or probationary appointments. Faculty appointments carry the following titles: professor, associate professor, assistant professor, and instructor.

(a) “Tenure appointment” means an appointment for an unlimited period granted to a ranked faculty member by the board upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution via the president of the system.

(b) “Probationary appointment” means an appointment by the board upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution and held by a faculty member during the period which may precede a decision on a tenure appointment.

(c) In accordance with s. 36.05 (8), Stats., academic staff appointments may be converted to faculty appointments by the action of the board upon the recommendation of the appropriate faculty body and the chancellor of an institution. Such faculty appointees shall enjoy all the rights and privileges of faculty.

(d) In accordance with s. UWS 1.05 members of the academic staff may be given faculty status. Members of the academic staff who have been given faculty status have employment rights under the rules and policies concerning academic staff.

(e) A person holding a faculty appointment shall not lose that appointment by accepting a limited appointment for a designated administrative position.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330: am. (1) (e) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 3.02 Recruiting {#sec-uws-3.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.02}

The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop procedures relating to recruitment of members of the faculty. The procedure shall be consistent with board policy and state and federal laws with respect to nondiscriminatory and affirmative action recruitment. The procedures shall allow maximum flexibility at the departmental, school and college levels to meet particular needs. In all instances the procedures shall provide for departmental peer review and judgment as the operative step in the recruiting process.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 3.03 Appointments—general {#sec-uws-3.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.03}

The faculty of each institution, after consultation with appropriate students and with the approval of the chancellor, shall develop rules relating to faculty appointments. Each person to whom an appointment is offered must receive an appointment letter in which an authorized official of the institution details the terms and conditions of the appointment, including but not limited to, duration of the appointment, salary, starting date, ending date, general position responsibilities, probation, tenure status, and crediting of prior service. Accompanying this letter shall be an attachment detailing institutional and system rules and procedures relating to faculty appointments. If the appointment is subject to the advance approval of the board, a statement to this effect must be included in the letter.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 3.04 Probationary appointments {#sec-uws-3.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.04}

(1) Each institution’s rules for faculty appointments shall provide for a maximum 7-year probationary period in a full-time position, and may provide for a longer maximum probationary period in a part-time position of at least half time. Such rules may permit appointments with shortened probationary periods or appointments to tenure without a probationary period. Provision shall be made for the appropriate counting of prior service at other institutions and at the institution. Tenure is not acquired solely because of years of service.

(2) A leave of absence, sabbatical or a teacher improvement assignment does not constitute a break in continuous service and shall not be included in the 7-year period under sub. (1).

(3) Circumstances in addition to those identified under sub. (2) that do not constitute a break in continuous service and that shall not be included in the 7-year period include responsibilities with respect to childbirth or adoption, significant responsibilities with respect to elder or dependent care obligations, disability or chronic illness, or circumstances beyond the control of the faculty member, when those circumstances significantly impede the faculty member’s progress toward achieving tenure. It shall be presumed that a request made under this section because of responsibilities with respect to childbirth or adoption shall be approved. A request shall be made before a tenure review commences under s. UWS 3.06 (1) (c). A request for additional time because of responsibilities with respect to childbirth or adoption shall be initiated in writing by the probationary faculty member concerned and shall be submitted to a designated administrative officer who shall be authorized to grant a request and who shall specify the length of time for which the request is granted. Except for a request because of responsibilities with respect to childbirth or adoption, a request made because of other circumstances under this section shall be submitted to a designated administrative officer who shall be authorized to grant a request in accordance with institutional policies. A denial of a request shall be in writing and shall be based upon clear and convincing reasons. More than one request may be granted because of responsibilities with respect to childbirth or adoption. More than one request may be granted to a probationary faculty member but the total, aggregate length of time of all requests, except for a request because of responsibilities with respect to childbirth or adoption, granted to one probationary faculty member ordinarily shall be no more than one year. Each institution shall develop procedures for reviewing the requests.

(4) If any faculty member has been in probationary status for more than 7 years because of one or more of the reasons set forth in sub. (2) or (3), the faculty member shall be evaluated as if he or she had been on probationary status for 7 years.

Example: A faculty member has been on probationary status for a total of 9 years because the faculty member was granted 2 requests under sub. (3) for one-year extensions because of the birth of 2 children. The faculty member’s teaching, research and professional and public service and contribution to the institution shall be evaluated as if the faculty member had only 7 years to work towards achieving tenure, rather than as if the faculty member had been working towards achieving tenure for 9 years.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; renum. to be (1) and am., cr. (2) to (4), Register, February, 1994, No. 458, eff. 3-1-94.

Wis. Admin. Code § UWS 3.05 Periodic review {#sec-uws-3.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.05}

The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules providing for periodic review of faculty performance.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 3.06 Renewal of appointments and granting of tenure {#sec-uws-3.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.06}

(1)

(a) General. Appointments may be granted only upon the affirmative recommendation of the appropriate academic department, or its functional equivalent, and the chancellor of an institution. When specified by the board, the institutional recommendation shall be transmitted by the president of the system with a recommendation to the board for action. Tenure appointments may be granted to any ranked faculty member who holds or will hold a half-time appointment or more. The proportion of time provided for in the appointment may not be diminished or increased without the mutual consent of the faculty member and the institution, unless the faculty member is dismissed for just cause or is terminated or laid off pursuant to s. 36.21, Stats.

(b) Criteria. Decisions relating to renewal of appointments or recommending of tenure shall be made in accordance with institutional rules and procedures which shall require an evaluation of teaching, research, and professional and public service and contribution to the institution. The relative importance of these functions in the evaluation process shall be decided by departmental, school, college, and institutional faculties in accordance with the mission and needs of the particular institution and its component parts. Written criteria for these decisions shall be developed by the appropriate institutional faculty bodies. Written criteria shall provide that if any faculty member has been in probationary status for more than 7 years because of one or more of the reasons set forth in s. UWS 3.04 (2) or (3), the faculty member shall be evaluated as if he or she had been in probationary status for 7 years.

(c) Procedures. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules governing the procedures for renewal or probationary appointments and for recommending tenure. These rules shall provide for written notice of the departmental review to the faculty member at least 20 days prior to the date of the departmental review, and an opportunity to present information on the faculty member’s behalf. The probationary faculty member shall be notified in writing within 20 days after each decision at each reviewing level. In the event that a decision is made resulting in nonrenewal, the procedures specified in s. UWS 3.07 shall be followed.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. (1) (b), Register, February, 1994, No. 458, eff. 3-1-94; correction in (1) (a) made under s. 13.93 (2m) (b) 5., Stats., Register, February, 1994, No. 458; 2015 Wis. Act 330: am. (1) (a) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 3.07 Nonrenewal of probationary appointments {#sec-uws-3.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.07}

(1)

(a) Rules and procedures. The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules and procedures for dealing with instances in which probationary faculty appointments are not renewed. These rules and procedures shall provide that, upon the timely written request of the faculty member concerned, the department or administrative officer making the decision shall, within a reasonable time, give him or her written reasons for nonrenewal. Such reasons shall become a part of the personnel file of the individual. Further, the rules and procedures shall provide for reconsideration of the initial nonrenewal decision upon timely written request.

(b) Reconsideration. The purpose of reconsideration of a nonrenewal decision shall be to provide an opportunity to a fair and full reconsideration of the nonrenewal decision, and to insure that all relevant material is considered.

Such reconsideration shall be undertaken by the individual or body making the nonrenewal decision and shall include, but not be limited to, adequate notice of the time of reconsideration of the decision, an opportunity to respond to the written reasons and to present any written or oral evidence or arguments relevant to the decision, and written notification of the decision resulting from the reconsideration.
Reconsideration is not a hearing or an appeal, and shall be nonadversary in nature.
In the event that a reconsideration affirms the nonrenewal decision, the procedures specified in s. UWS 3.08 shall be followed.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 3.08 Appeal of a nonrenewal decision {#sec-uws-3.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.08}

(1) The faculty and chancellor of each institution, after consultation with appropriate students, shall establish rules and procedures for the appeal of a nonrenewal decision. Such rules and procedures shall provide for the review of a nonrenewal decision by an appropriate standing faculty committee upon written appeal by the faculty member concerned within 20 days of notice that the reconsideration has affirmed the nonrenewal decision (25 days if notice is by first class mail and publication). Such review shall be held not later than 20 days after the request, except that this time limit may be enlarged by mutual consent of the parties, or by order of the review committee. The faculty member shall be given at least 10 days notice of such review. The burden of proof in such an appeal shall be on the faculty member, and the scope of the review shall be limited to the question of whether the decision was based in any significant degree upon one or more of the following factors, with material prejudice to the individual:

(a) Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, or

(b) Factors proscribed by applicable state or federal law regarding fair employment practices, or

(c) Improper consideration of qualifications for reappointment or renewal. For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a faculty member in question if material prejudice resulted because of any of the following:

The procedures required by rules of the faculty or board were not followed, or
Available data bearing materially on the quality of performance were not considered, or
Unfounded, arbitrary or irrelevant assumptions of fact were made about work or conduct.

(2) The appeals committee shall report on the validity of the appeal to the body or official making the nonrenewal decision and to the appropriate dean and the chancellor.

(3) Such a report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration by the decision maker, a reconsideration by the decision maker under instructions from the committee, or a recommendation to the next higher appointing level. Cases shall be remanded for reconsideration by the decision maker in all instances unless the appeals committee specifically finds that such a remand would serve no useful purpose. The appeals committee shall retain jurisdiction during the pendency of any reconsideration. The decision of the chancellor will be final on such matters.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 3.09 Notice periods {#sec-uws-3.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.09}

(1) A faculty member who is employed on probationary appointment shall be given written notice of reappointment or nonreappointment for another academic year in advance of the expiration of the current appointment as follows:

(a) When the appointment expires at the end of an academic year, not later than March 1 of the first academic year and not later than December 15 of the second consecutive academic year of service;

(b) If the initial appointment expires during an academic year, at least 3 months prior to its expiration; if a second consecutive appointment terminates during the academic year, at least 6 months prior to its expiration;

(c) After 2 or more years of continuous service at an institution of the University of Wisconsin System, such notice shall be given at least 12 months before the expiration of the appointment.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 ss. 5, 20: am. (1) (intro.), (c) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 3.10 Absence of proper notification {#sec-uws-3.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.10}

If proper notice is not given in accordance with s. UWS 3.09, the aggrieved faculty member shall be entitled to a one-year terminal appointment. Such appointments, however, shall not result in the achievement of tenure.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 3.11 Limitation {#sec-uws-3.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.11}

Tenure and probationary appointments are in a particular institution; a tenure appointment is limited to the institution in which the appointment is held, unless another institution has, through normal procedures and explicit agreement, undertaken to share in the appointment. The explicit agreement shall specify both the tenure responsibility and the budget responsibility.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Chapter UWS 4 PROCEDURES FOR FACULTY DISMISSAL AND FOR DISMISSAL AND DISCIPLINE IN TITLE IX CASES

Subchapter I General

Wis. Admin. Code § UWS 4.01 Dismissal for cause {#sec-uws-4.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.01}

(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 faculty member’s term of appointment only by the board and only for just cause and only after due notice and hearing. A decision not to renew a probationary appointment or not to grant tenure does not constitute a dismissal.

(2) A faculty member is entitled to enjoy and exercise all the rights and privileges of a United States citizen, and the rights and privileges of academic freedom as they are generally understood in the academic community. This policy shall be observed in determining whether or not just cause for dismissal exists. The burden of proof of the existence of just cause for a dismissal is on the administration.

(3) Faculty dismissal for cause and lesser discipline based on allegations of Title IX misconduct, as defined in s. UWS 4.11, shall be governed by ss. UWS 4.11 to UWS 4.24.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; CR 20-059: am. (1), cr. (3) Register May 2021 No. 785, eff. 6-1-21; correction in (1) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 4.015 Definitions {#sec-uws-4.015 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.015}

In this chapter:

(1) “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.”

(2) “Complaint” means an allegation against a faculty member reported to an appropriate university official.

(3) “Consent” means words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation in this section. A person is unable to give consent if the person is in a state of incapacitation because of drugs, alcohol, physical or intellectual disability, or unconsciousness.

(4) “Consult” or “consulting” means thoroughly reviewing and discussing the relevant facts and discretionary issues.

(5) “Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(6) “Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Wisconsin as per ss. 813.12 (1) (am) and 968.075, Stats.

(6m) “Incapacitation” means the state of being unable to physically or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs. Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol or drugs affects a person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

(7) “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.”

(9) “Sexual assault” means an offense that meets any of the following definitions:

(a) “Rape” means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of the complainant, without the consent of the complainant.

(b) “Fondling” means the touching of the private body parts of the complainant for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of the complainant’s age or because of the complainant’s temporary or permanent mental incapacity.

(c) “Incest” means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as provided in s. 944.06, Stats.

(d) “Statutory rape” means sexual intercourse with a complainant who is under the statutory age of consent as provided in s. 948.02, Stats.

(10) “Sexual exploitation” means attempting, taking or threatening to take, nonconsensual sexual advantage of another person . Examples include:

(a) Engaging in the following conduct without the knowledge and consent of all participants:

Observing, recording, or photographing private body parts or sexual activity of the complainant.
Allowing another person to observe, record, or photograph sexual activity or private body parts of the complainant.
Otherwise distributing recordings, photographs, or other images of the sexual activity or private body parts of the complainant.

(b) Masturbating, touching one’s genitals, or exposing one’s genitals in the complainant’s presence without the consent of the complainant, or inducing the complainant to do the same.

(d) Inducing incapacitation through deception for the purpose of making the complainant vulnerable to non-consensual sexual activity.

(e) Coercing the complainant to engage in sexual activity for money or anything of value.

(f) Threatening distribution of any of the following, to coerce someone into sexual activity or providing money or anything of value:

Photos, videos, or recordings depicting private body parts or sexual activity of the complainant.
Other information of a sexual nature involving the complainant, including sexual history or sexual orientation.

(11) “Stalking” means engaging in a course of conduct directed at the complainant that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.

History

CR 15-061: cr. Register June 2016 No. 726, eff. 7-1-16; correction in (2) and (8) under 35.17, Stats., Register June 2016 No. 726; CR 20-059: r. and recr. (intro.), (2) to (4), am. (5), (6), cr. (6m), r. (8), r. and recr. (9), (10), am. (11) Register May 2021 No. 785, eff. 6-1-21; correction in (5), (10) (a) 2. made under s. 35.17, Stats., Register May 2021 No. 785.

Subchapter II Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases

Wis. Admin. Code § UWS 4.016 Subchapter II definitions {#sec-uws-4.016 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.016}

In this subchapter:

(1) “Complainant” means any individual who is alleged to be the subject of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation as defined in this section and s. UWS 4.015.

(2) “Sexual harassment” means conduct on the basis of sex that satisfies any of the following:

(a) Quid pro quo sexual harassment.

An employee of the institution conditions the provision of an aid, benefit, or service of the institution directly or indirectly on an individual’s participation in unwelcome sexual conduct; or
An employee of the institution either, explicitly or implicitly, conditions the provision of an academic, professional, or employment-related opportunity, aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.

(b) Hostile environment sexual harassment.

Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in a program or activity of the university that, when using the legal “reasonable person” standard, is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity; or
Unwelcome conduct of a sexual nature directed towards an individual that, when using the legal “reasonable person” standard, is so severe or pervasive and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or participation in an university sponsored or supported activity.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2021.

Wis. Admin. Code § UWS 4.02 Responsibility for charges {#sec-uws-4.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.02}

(1) Whenever the chancellor of an institution within the University of Wisconsin system receives a complaint against a faculty member which the chancellor deems substantial and which, if true, might lead to dismissal under s. UWS 4.01, the chancellor, or designee, shall within a reasonable time initiate an investigation and shall, prior to reaching a decision on filing charges, offer to discuss the matter informally with the faculty member. For complaints of sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the chancellor, or designee, shall appoint the Title IX Coordinator, or designee, to initiate an investigation in accordance with applicable policies. The chancellor, or designee, shall also offer to discuss the matter informally with the complainant, and provide information regarding rights under this chapter. Both the faculty member and the complainant shall have the right to be accompanied by an advisor of their choice at any meeting or proceeding that is part of the institutional disciplinary process. A faculty member may be dismissed only after receipt of a written statement of specific charges from the chancellor as the chief administrative officer of the institution and, if a hearing is requested by the faculty member, in accordance with the provisions of this chapter. If the faculty member does not request a hearing, action shall proceed along normal administrative lines but the provisions of ss. UWS 4.02, 4.09, and 4.10 shall still apply.

(2) Any formal statement of specific charges for dismissal sent to a faculty member shall be accompanied by a statement of the appeal procedures available to the faculty member.

(3) The statement of charges shall be served personally, by electronic means, or by certified mail, return receipt requested. If such service cannot be made within 20 days, service shall be accomplished by first class mail and by publication as if the statement of charges were a summons and the provisions of s. 801.11 (1) (c), Stats., were applicable. Such service by mailing and publication shall be effective as of the first insertion of the notice of statement of charges in the newspaper. If the statement of charges includes sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; 2015 Wis. Act 330 ss. 6, 20: am. (1), (3) Register April 2016 No. 724, eff. 5-1-16; CR 15-061: am. (1), (3) Register June 2016 No. 726, eff. 7-1-16; merger of (3) treatments by 2015 Wis. Act 330 and CR 11-061 made under s. 13.92 (4) (bm) Register September 2016 No. 729; CR 20-059: am. (1), (3) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.03 Standing faculty committee {#sec-uws-4.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.03}

The faculty of each institution shall provide a standing committee charged with hearing dismissal cases and making recommendations under this chapter. This standing faculty committee shall operate as the hearing agent for the board pursuant to s. 227.46 (4), Stats., and conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence and transmit such record and summary along with its recommended findings of law and decision to the board according to s. UWS 4.07.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617.

Wis. Admin. Code § UWS 4.04 Hearing {#sec-uws-4.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.04}

If the faculty member requests a hearing within 20 days of notice of the statement of charges (25 days if notice is by first class mail and publication), such a hearing shall be held not later than 20 days after the request except that this time limit may be enlarged by mutual written consent of the parties, or by order of the hearing committee. The request for a hearing shall be addressed in writing to the chairperson of the standing faculty committee created under s. UWS 4.03.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 4.05 Adequate due process {#sec-uws-4.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.05}

(1) A fair hearing for a faculty member whose dismissal is sought under s. UWS 4.01 shall include the following:

(a) Service of written notice of hearing on the specific charges at least 10 days prior to the hearing;

(b) A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought;

(d) A right to an advisor, counsel, or other representatives, and to offer witnesses;

(e) A right to confront and cross-examine adverse witnesses. If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the hearing committee may reasonably restrict the faculty member or the complainant from questioning each other;

(f) A verbatim record of all hearings, which might be a sound recording, provided at no cost;

(g) Written findings of fact and decision based on the hearing record;

(h) Admissibility of evidence governed by s. 227.45 (1) to (4), Stats.

(2) If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the complainant shall have all the rights provided to the faculty member in sub. (1) (a) to (h), except as may be precluded by applicable state or federal law.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; CR 15-061: am. (1) (d), (e), cr. (2) Register June 2016 No. 726, eff. 7-1-16; correction in (2) under 35.17, Stats., Register June 2016 No. 726; CR 20-059: am. (1) (c), (e) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.06 Procedural guarantees {#sec-uws-4.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.06}

(1) Any hearing held shall comply with the requirements set forth in s. UWS 4.05. The following requirements shall also be observed:

(a) The burden of proof of the existence of just cause is on the administration or its representatives;

(am) For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the standard of proof shall be a preponderance of the evidence;

(b) No faculty member who participated in the investigation of allegations leading to the filing of a statement of charges, or in the filing of a statement of charges, or who is a material witness shall be qualified to sit on the committee in that case;

(c) The hearing shall be closed unless the faculty member under charges requests an open hearing, in which case it shall be open (see subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies);

(d) The faculty hearing committee may, on motion of either party, and, if the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, on the motion of the complainant, disqualify any one of its members for cause by a majority vote. If one or more of the faculty hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the faculty equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the faculty establishing the standing committee under s. UWS 4.03;

(e) The faculty hearing committee shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges;

(f) If the faculty hearing committee requests, the chancellor shall provide legal counsel after consulting with the committee concerning its wishes in this regard. The function of legal counsel shall be to advise the committee, consult with them on legal matters, and such other responsibilities as shall be determined by the committee within the provisions of the rules and procedures adopted by the faculty of the institution in establishing the standing faculty committee under s. UWS 4.03;

(g) If a proceeding on charges against a faculty member not holding tenure is not concluded before the faculty member’s appointment would expire, the faculty member may elect that such proceeding be carried to a final decision. Unless the faculty member so elects in writing, the proceeding shall be discontinued at the expiration of the appointment;

(h) If a faculty member whose dismissal is sought has requested a hearing, discontinuance of the proceeding by the institution is deemed a withdrawal of charges and a finding that the charges were without merit;

(i) Nothing in this section shall prevent the settlement of cases by mutual agreement between the administration and the faculty member, with board approval, at any time prior to a final decision by the board;

(j) Adjournment shall be granted to enable the parties, including the complainant, to investigate evidence as to which a valid claim of surprise is made.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 15-061: cr. (1) (am), am. (1) (d), (i), (j) Register June 2016 No. 726, eff. 7-1-16; CR 20-059: am. (1) (am), (c), (d), (g) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.07 Recommendations to the chancellor and the regents {#sec-uws-4.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.07}

(1) The faculty hearing committee shall send to the chancellor and to the faculty member concerned, as soon as practicable after conclusion of the hearing, a verbatim record of the testimony and a copy of its report, findings, and recommendations. The committee may determine that while adequate cause for discipline exists, some sanction less severe than dismissal is more appropriate. Within 20 days after receipt of this material the chancellor shall review it and afford the faculty member an opportunity to discuss it. The chancellor shall prepare a written recommendation within 20 days following the meeting with the faculty member, unless the chancellor’s proposed recommendation differs substantially from that of the committee. If the chancellor’s proposed recommendations differ substantially from those of the faculty hearing committee, the chancellor shall promptly consult the faculty hearing committee and provide the committee with a reasonable opportunity for a written response prior to forwarding the recommendation. If the recommendation is for dismissal, the recommendation shall be submitted through the president of the system to the board. A copy of the faculty hearing committee’s report and recommendations shall be forwarded through the president of the system to the board along with the chancellor’s recommendation. A copy of the chancellor’s recommendation shall also be sent to the faculty member concerned and to the faculty committee. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the complainant shall have all rights provided to the faculty member in this paragraph, including the right to receive a copy of the chancellor’s recommendation, except as may be precluded by applicable state or federal law.

(2) Disciplinary action other than dismissal may be taken by the chancellor, after affording the faculty member an opportunity to be heard on the record, except that, upon written request by the faculty member, such action shall be submitted as a recommendation through the president to the board together with a copy of the faculty hearing committee’s report and recommendation. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the complainant shall have all the rights provided to the faculty member in this paragraph.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; CR 15-061: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-059: am. Register May 2021 No. 785, eff. 6-1-21; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 4.08 Board review {#sec-uws-4.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.08}

(1) If the chancellor recommends dismissal, the board shall review the record before the faculty hearing committee and provide an opportunity for filing exceptions to the recommendations of the hearing committee or chancellor, and for oral arguments, unless the board decides to drop the charges against the faculty member without a hearing or the faculty member elects to waive a hearing. This hearing shall be closed unless the faculty member requests an open hearing (see subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies). For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the complainant shall have the same opportunity for filing exceptions to the recommendations of the hearing committee or chancellor, and for oral arguments, as the faculty member.

(2) If, after the hearing, the board decides to take action different from the recommendation of the faculty hearing committee and/or the chancellor, then before taking final action the board shall consult with the faculty hearing committee and/or the chancellor, as appropriate.

(3) If a faculty member whose dismissal is sought does not request a hearing pursuant to s. UWS 4.04 the board shall take appropriate action upon receipt of the statement of charges and the recommendation of the chancellor.

(4) For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the faculty member and complainant shall be simultaneously notified of the board’s final decision.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 15-061: am. (1), cr. (4) Register June 2016 No. 726, eff. 7-1-16; CR 20-059: am. (1), (4) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.09 Suspension from duties {#sec-uws-4.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.09}

Pending the final decision as to dismissal, the faculty member shall not normally be relieved of duties; but if, after consultation with appropriate faculty committees the chancellor finds that substantial harm to the institution may result if the faculty member is continued in the faculty member’s position, the faculty member may be relieved immediately of the faculty member’s duties, but the faculty member’s pay shall continue until the board makes its decision as to dismissal, unless the chancellor also makes the determinations set forth in s. UWS 7.06 (1) in which case the suspension from duties may be without pay and the procedures set forth in s. UWS 7.06 shall apply.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; CR 06-078: am. Register May 2007 No. 617, eff. 7-1-07; CR 20-059: am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.10 Date of dismissal {#sec-uws-4.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.10}

A decision by the board ordering dismissal shall specify the effective date of the dismissal.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Subchapter III Procedures for Faculty Dismissal and Discipline in Title IX Cases

Wis. Admin. Code § UWS 4.11 Subchapter III definitions {#sec-uws-4.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.11}

In this subchapter:

(1) “Complainant” means any individual who is alleged to be the subject of Title IX misconduct, as defined in this section.

(2) “Education program or activity” means, for purposes of Title IX misconduct only, locations, events, or circumstances at which the university exercised substantial control over both the faculty member and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the university.

(3) “Formal Title IX complaint” means, for the purposes of a Title IX misconduct only, a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against a faculty member and requesting that the university investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant must be participating in or attempting to participate in an educational program or activity. A formal Title IX complaint may be filed in person, by mail, or electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.

(4) “Respondent” means an individual who has been reported to be the perpetrator of Title IX misconduct as defined in this section.

(5) “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

(a) An employee of the institution conditions the provisions of an aid, benefit, or service of the institution directly or indirectly on an individual’s participation in unwelcome sexual conduct.

(b) Unwelcome conduct of a sexual nature directed toward a student, an employee, or a person participating in a program or activity of the university that, when using the legal “reasonable person” standard, the conduct is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity.

(6) “Title IX misconduct” means sexual assault, stalking, dating violence, or domestic violence, as defined in s. UWS 4.015 and sexual harassment, as defined in sub. (5).

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21; corrections in (6) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., and correction in (3) made under s. 13.92 (4) (b) 12., Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 4.12 Dismissal for cause or lesser discipline for Title IX misconduct {#sec-uws-4.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.12}

(1) The board may dismiss a faculty member for cause, or impose lesser discipline on a faculty member, for Title IX misconduct as defined in s. UWS 4.11.

(2) Title IX misconduct allegations against faculty shall follow the disciplinary procedure in ss. UWS 4.11 to 4.24. The board may dismiss a faculty member having tenure only for just cause and may otherwise discipline a faculty member having tenure only after due notice and hearing. The board may dismiss a faculty member having a probationary appointment prior to the end of the faculty member’s term of appointment only for just cause and may otherwise discipline the faculty member only after due notice and hearing.

(3) A faculty member is entitled to enjoy and exercise all the rights and privileges of a United States citizen, and the rights and privileges of academic freedom as they are generally understood in the academic community. These rights and privileges shall be observed in determining whether or not just cause for dismissal, or grounds for other discipline, exists.

(4) The faculty member is presumed to be not responsible for the alleged Title IX misconduct until a final decision regarding responsibility is made at the conclusion of the disciplinary process. The burden of proof of the existence of just cause for a dismissal, or of grounds for other discipline, is on the university administration.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.13 Application of Title IX misconduct disciplinary procedure {#sec-uws-4.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.13}

This disciplinary procedure for Title IX misconduct will be used only when all of the following requirements are met:

(1) There is a formal Title IX complaint alleging Title IX misconduct on the basis of sex.

(2) The conduct occurred in the United States.

(3) The conduct occurred within a university’s education program or activity.

(4) The complainant must be participating in or attempting to participate in the education program or activity of the university at the time of filing the complaint.

(5) The complainant or Title IX coordinator has submitted a formal Title IX complaint.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

(1) The university shall dismiss a formal Title IX complaint consisting of allegations that meet any of the following conditions:

(a) The alleged conduct would not constitute Title IX misconduct if proved.

(b) The alleged conduct did not occur in a university program or activity.

(2) The university may dismiss a formal Title IX complaint when any of the following applies:

(a) The complainant formally requests in writing to withdraw the formal Title IX complaint.

(b) The faculty member is no longer employed by the university.

(c) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination on the allegations contained in the formal Title IX complaint.

(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.

(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:

(a) Procedural irregularity that affected the outcome of the matter.

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

(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.

(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.

(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.

History

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.

Wis. Admin. Code § UWS 4.15 Investigation of Title IX misconduct allegations {#sec-uws-4.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.15}

(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.

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

(a) The grievance process, including informal resolution options.

(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.

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

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

(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.

(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.

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

(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.

(b) Not restrict the ability of either the faculty member or complainant to discuss the allegations under investigation or to gather and present relevant evidence.

(c) Provide the faculty member and complainant the same opportunity to be accompanied by an advisor of their choice during meetings relating to the investigation but may limit the participation by the advisor so long as those limits are applied equally.

(d) Provide both the faculty member and the complainant an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal Title IX complaint, including evidence upon which the university does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a faculty member, complainant, or other source, so that the faculty member and complainant can meaningfully respond to the evidence prior to conclusion of the investigation.

(5) As part of its investigation and disciplinary process, the university may not access, consider, disclose, or otherwise use a faculty member’s or complainant’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 faculty member or complainant, unless the university obtains the faculty member’s or complainant’s voluntary, written consent to do so in relation to the investigation and disciplinary process.

(6) The university’s investigator generally shall complete the investigation and issue a final investigative report within 90 days of the investigator’s appointment. However, the investigator may extend the investigation’s time frame where circumstances warrant.

History

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

Wis. Admin. Code § UWS 4.16 Review of evidence {#sec-uws-4.16 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.16}

(1) Prior to completion of the final investigative report, the investigator shall send to the faculty member and complainant and their respective advisors, if any, the evidence gathered during the investigation for inspection and review by the faculty member and the complainant. The evidence may be provided in an electronic format or a hard copy. The evidence provided includes evidence upon which the university does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence, whether obtained from the faculty member, complainant or other source, to permit the faculty member and complainant to meaningfully respond to the evidence prior to conclusion of the investigation.

(2) The faculty member and the complainant shall be provided at least 10 days to submit a written response to the evidence. The investigator shall consider any written responses prior to completion of the final investigative report.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.17 Final investigative report {#sec-uws-4.17 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.17}

The investigator shall create a final investigative report that fairly summarizes relevant evidence and send the report to the faculty member, the complainant, and their advisors, if any, for their review and response at least 10 days prior to a hearing. The written report shall be delivered simultaneously to the faculty member and complainant. The university shall, upon receipt of the final investigative report, proceed to schedule a live hearing on the matter. A hearing shall be conducted unless both the faculty member and the complainant waive, in writing, the right to such a hearing.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.18 Standing faculty committee and hearing examiner {#sec-uws-4.18 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.18}

(1) The chancellor of each university, in consultation with faculty representatives, shall adopt policies providing for the designation of a Title IX conduct hearing examiner. The chancellor shall select a hearing examiner pursuant to these policies to hear faculty dismissal and discipline cases. Additionally, the faculty of each university shall provide a standing hearing committee charged with hearing faculty dismissal and discipline cases. The chancellor shall appoint the presiding member of the hearing committee, who may be a hearing examiner. The university shall decide whether a hearing examiner or a hearing committee will hear the matter.

(2) The hearing committee or the hearing examiner described in sub. (1) shall conduct the hearing, make a verbatim record of the hearing, and transmit such record along with factual findings and decision to the chancellor. The hearing shall be held not later than 45 days after completion of the final investigative report except that this time limit may be extended by the hearing committee or the hearing examiner.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.19 Adequate due process {#sec-uws-4.19 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.19}

(1) A fair hearing for a faculty member against whom dismissal or other discipline is sought shall include all of the following:

(a) Service of written notice of a live hearing on the allegations in the formal Title IX complaint at least 10 days prior to the hearing.

(b) A right to the names of witnesses and of access to documentary and other evidence upon the basis of which dismissal or other discipline is sought.

(d) A right to an advisor, counsel, or other representatives, and to offer witnesses. The faculty member’s advisor or counsel may ask all witnesses relevant questions and follow-up questions, including those challenging credibility. Credibility determinations, however, may not be made based on a person’s status as a complainant, respondent, or witness. If the faculty member does not have an advisor, the university shall provide the faculty member, without charge, an advisor of the university’s choice to conduct cross-examination on behalf of the faculty member. The advisor may be an attorney.

(e) A right to confront and cross-examine adverse witnesses. The faculty member’s or complainant’s advisor shall conduct cross examination directly, orally, and in real time. The faculty member and the complainant may not personally conduct cross examination. If the faculty member, the complainant, or a witness does not submit to cross-examination at the hearing, the hearing committee or the hearing examiner may not rely on any statement of the faculty member, complainant, or witness in reaching its findings and recommendations. However, the hearing committee or hearing examiner may not draw a negative inference in reaching its findings and recommendations based solely on the absence of a faculty member, complainant, or witness from the hearing or refusal to answer cross-examination or other questions.

(f) A verbatim record of all hearings, which might be a sound recording, made available at no cost for inspection and review.

(g) Written findings of fact and recommendations based on the hearing record. The written findings of fact and recommendations shall include all of the following:

Identification of the allegations potentially constituting Title IX misconduct.
A description of the procedural steps taken from the receipt of the formal Title IX complaint through the hearing committee’s or hearing examiner’s completion of written findings and recommendations, including any notifications to the faculty member and the complainant, interviews with the faculty member, the complainant, and witnesses, site visits, methods used to gather evidence, and hearings held.
Conclusions regarding the application of the university’s conduct rules and policies to the facts; a statement of, and rationale for, the result as to each allegation, including a recommendations regarding responsibility, any disciplinary sanction recommended to be imposed, and whether remedies designed to restore or preserve equal access to the university’s educational program or activity will be provided to the complainant.
The university’s procedures and permissible bases for complainant and employee to appeal.

(h) Admissibility of evidence is governed by s. 227.45 (1) to (4), Stats. Only relevant questions may be asked of the faculty member, the complainant, and any witnesses. The hearing committee or hearing examiner shall determine whether a question is relevant and explain the decision to exclude a question as not relevant. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions or evidence are offered to prove that someone other than the faculty member committed the conduct alleged by the complainant, or unless the questions or evidence concern specific incidents of the complainant’s prior sexual behavior with the faculty member and are offered to prove consent.

(i) The hearing may be conducted with all participants physically present in the same location, or at the hearing committee’s or hearing examiner’s discretion, any or all participants may appear at the hearing virtually, with technology enabling the participants simultaneously to see and hear each other. Upon the faculty member’s request, the university shall provide for the hearing to occur with faculty member and complainant located in separate rooms with technology enabling the hearing committee or hearing examiner, the faculty member, and the complainant to simultaneously see and hear witnesses answering questions.

(2) The complainant shall have all the rights provided to the faculty member in sub. (1) (a) to (i).

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (1) (a), (g) 2. made under s. 13.92 (4) (b) 12., Stats., and correction in (1) (h) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 4.20 Procedural guarantees {#sec-uws-4.20 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.20}

(1) Any hearing held shall comply with the requirements set forth in s. UWS 4.19. All of the following requirements shall also be observed:

(a) The burden of proof of the existence of just cause to support dismissal, or of grounds to support other discipline, is on the university administration.

(am) The standard of proof shall be a preponderance of the evidence.

(b) No faculty member who participated in the investigation of a formal Title IX complaint, or who is a material witness, shall be qualified to sit on the hearing committee addressing that complaint. No university employee or other person who participated in the investigation of a formal Title IX complaint, or who is a material witness, shall be qualified to serve as the hearing examiner addressing that complaint.

(c) The hearing shall be closed unless the faculty member or the complainant requests an open hearing, in which case it shall be open.

Note: See subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies.

(d) The hearing committee may, on motion of the complainant or the faculty member, disqualify any one of its members for cause by a majority vote. If one or more of the hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the faculty equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the faculty establishing the standing committee under this rule.

(e) The hearing committee or the hearing examiner may not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges unless the person holding the privilege has waived it. The hearing committee or the hearing examiner shall follow the evidentiary rules in s. UWS 4.19 (1) (h).

(f) If the hearing committee requests, the chancellor shall provide legal counsel after consulting with the hearing committee concerning its wishes in this regard. The function of legal counsel shall be to advise the hearing committee, consult with them on legal matters, and such other responsibilities as shall be determined by the hearing committee within the provisions of the rules and procedures adopted by the faculty of the institution in establishing the standing faculty committee under this policy.

(g) If the Title IX disciplinary process described in ss. UWS 4.11 to 4.24 against a faculty member not holding tenure is not concluded before the faculty member’s appointment would expire, the faculty member may elect that such process be carried to a final decision. Unless the faculty member so elects in writing, the process shall be discontinued at the expiration of the appointment.

(h) Nothing in this section shall prevent the settlement of cases by mutual agreement between the university administration, the complainant, and the faculty member.

(i) Delay or adjournment of the hearing for good cause may be granted. Good cause includes the need for any of the following:

To investigate evidence as to which a valid claim of surprise is made.
To ensure the presence of the faculty member or the complainant, an advisor, or a witness.
To provide language assistance or accommodation of disabilities.
To accommodate concurrent law enforcement activity.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.21 Hearing committee or hearing examiner findings and recommendations to the chancellor {#sec-uws-4.21 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.21}

The hearing committee or hearing examiner shall simultaneously send to the chancellor, to the complainant, and to the faculty member concerned, within 30 days after the conclusion of the hearing, or otherwise as soon as practicable, a verbatim record of the testimony and a copy of its factual findings and recommendations.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.22 Chancellor’s decision {#sec-uws-4.22 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.22}

(1) Within 20 days after receipt of the record and findings and recommendations from the hearing committee or the hearing examiner the chancellor shall review those materials and afford the faculty member and the complainant an opportunity to discuss them. The chancellor’s decision shall be based on the record created before the hearing committee or the hearing examiner. The chancellor shall prepare a written decision within 20 days after completing the meetings with the faculty member and the complainant, unless the chancellor’s proposed decision differs substantially from the recommendations of the hearing committee or hearing examiner. If the chancellor’s proposed decision differs substantially from those recommendations, the chancellor shall promptly consult the hearing committee or the hearing examiner and provide the committee or the hearing examiner with a reasonable opportunity for a written response prior to making a decision.

(2) The chancellor may adopt the hearing committee or hearing examiner’s findings and recommendations as the chancellor’s decision. The chancellor shall explain in the decision any substantial differences from those findings and recommendations.

(3) The chancellor’s decision shall be simultaneously sent to the faculty member concerned, the complainant, and to the hearing committee or the hearing examiner. The chancellor’s decision also shall be submitted through the president of the system to the board, accompanied by a copy of the hearing committee’s or hearing examiner’s findings and recommendations. The chancellor’s decision and the findings and recommendations shall be forwarded through the president of the system to the board for its review.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.23 Appeal to board {#sec-uws-4.23 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.23}

(1) The board shall provide the faculty member and the complainant an opportunity for filing exceptions to the chancellor’s decision, and for oral arguments, unless the faculty member and the complainant waive in writing the right to file exceptions and for oral arguments. The hearing of any oral arguments shall be closed unless the faculty member or the complainant requests an open hearing.

Note: See subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies.

(2) The faculty member or complainant may file written exceptions to the chancellor’s decision, and the board shall conduct its review of the chancellor’s decision, on any of the following bases:

(a) Procedural irregularity that affected the outcome of the matter.

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

(c) Conflict of interest or bias for or against the faculty member or complainant, or against complainants and respondents generally, by the Title IX coordinator, investigator, the chancellor, the hearing examiner, or the hearing committee members that affected the outcome.

(3) If the board decides to take action different from the decision of the chancellor, then before taking final action the board shall consult with the chancellor.

(4) The board shall make its decision based on the record created before the hearing committee or hearing examiner. Within 60 days of receipt of the chancellor’s decision, or otherwise as soon as practicable, the board shall simultaneously notify the faculty member and the complainant of the board’s final decision, which shall include the board’s rationale for its decision.

(5) A decision by the board ordering dismissal of a faculty member shall specify the effective date of the dismissal.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 4.24 Suspension from duties {#sec-uws-4.24 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.24}

Pending the final decision on dismissal or other discipline, the faculty member may not normally be relieved of duties; but if, after consultation with appropriate faculty committees the chancellor finds that substantial harm to the university may result if the faculty member is continued in the faculty member’s position, the faculty member may be relieved immediately of the faculty member’s duties, but the faculty member’s pay shall continue until a final decision as to dismissal, unless the chancellor also makes the determinations set forth in s. UWS 7.06 in which case the suspension from duties may be without pay and the procedures set forth in s. UWS 7.06 shall apply.

History

CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21.

Chapter UWS 5 LAYOFF AND TERMINATION FOR REASONS OF FINANCIAL EMERGENCY

Wis. Admin. Code § UWS 5.01 General {#sec-uws-5.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.01}

Notwithstanding s. 36.13, Stats., the board may lay off or terminate a tenured faculty member, or lay off or terminate a probationary faculty member prior to the end of his or her appointment, in the event of a financial emergency. Such layoffs or terminations may be made only in accord with the provisions of this chapter, and imply the retention of rights indicated herein. A nonrenewal, regardless of reasons, is not a layoff or termination under this section.

Note: Section 36.13, Stats., was repealed by 2015 Wis. Act 55.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.02 Financial emergency {#sec-uws-5.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.02}

(1) For the purposes of this chapter, “financial emergency” is a state which may be declared by the board to exist for an institution if and only if the board finds that the following conditions exist:

(a) The total general program operations (GPR/fee) budget of the institution, excluding adjustments for salary/wage increases and for inflationary impact on nonsalary budgets, has been reduced;

(b) Institutional operation within this reduced budget requires a reduction in the number of faculty positions such that tenured faculty must be laid off, or probationary faculty must be laid off prior to the end of their respective appointments. Such a reduction in faculty positions shall be deemed required only if in the board’s judgment it will have an effect substantially less detrimental to the institution’s ability to fulfill its mission than would other forms of budgetary curtailment available to the institution; and

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.03 Layoff and termination {#sec-uws-5.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.03}

For the purposes of this chapter “layoff” is the indefinite suspension or an involuntary reduction in services and compensation of a faculty member’s employment by the University of Wisconsin System. A laid off faculty member retains the rights specified in ss. UWS 5.16 through 5.21, inclusive. For the purposes of this chapter, “termination” is the permanent elimination of a faculty member’s employment by the University of Wisconsin System. A terminated faculty member retains rights specified in ss. UWS 5.18 and 5.19.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 5.04 Faculty consultative committee {#sec-uws-5.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.04}

The faculty of each institution shall, promptly after February 1, 1975, designate or create a standing faculty committee to consult with the chancellor if at any time a declaration of financial emergency is to be considered. The committee shall consist of faculty members of the institution chosen by the faculty in a manner to be determined by the faculty. It is the right and responsibility of this committee to represent the faculty before the board if a declaration of a state of financial emergency for the institution is being considered, and to assure that the procedures of ss. UWS 5.05 and 5.06 are followed.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.05 Consultation {#sec-uws-5.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.05}

(1) In the event that a declaration of financial emergency is contemplated, the chancellor of the affected institution shall consult with and seek advice from the faculty committee provided for in s. UWS 5.04 at least 3 months before the matter is taken to the board. The chancellor and committee shall:

(a) Consider identifiable alternative methods of budget reduction;

(b) Determine whether reductions in faculty positions under the provisions of this chapter can be made with less detriment to the institution’s ability to fulfill its mission than would follow from reasonable alternative courses of action;

(d) Consult with faculties of colleges, schools, departments and programs potentially involved; and

(e) Consult with such other individuals and groups as they feel may be able to provide valuable advice.

(1m) The committee shall prepare a report, with supporting documents, for submission to the chancellor, the faculty senate, or institutional equivalent, and the board.

(2) It shall be the primary responsibility of the faculty of the institution to establish criteria to be used by the chancellor and committee for academic program evaluations and priorities. A decision to curtail or discontinue an academic program for reasons of financial emergency shall be made in accordance with the best interests of students and the overall ability of the institution to fulfill its mission.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.06 Recommendation to the system president and the board {#sec-uws-5.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.06}

(1) If the chancellor decides to recommend that the board declare a state of financial emergency for the chancellor’s institution, the recommendation to the system president and the board shall be accompanied by a report which shall include the following:

(a) A statement of the procedures followed in arriving at the recommendation, showing compliance with s. UWS 5.05;

(b) Data clearly demonstrating the need for a reduction of faculty positions in accord with the provisions of this chapter;

(c) An identification of the colleges, schools, departments or program areas in which reductions will be made, with data indicating the appropriateness of such choices;

(d) The report of the faculty committee, expressing its views on these matters; and

(e) A report of any action of the faculty senate or institutional equivalent on this matter.

(2) The chancellor and the chairperson of the faculty committee, or their designees, and representatives of affected colleges, schools, departments and programs, may appear before the board at the time the recommendation is considered. Other interested parties may submit in writing alternative recommendations or challenges to any part of the report.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, June, 1995, No. 474.

Wis. Admin. Code § UWS 5.07 Individual designations {#sec-uws-5.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.07}

Once the board has declared a state of financial emergency it shall be the primary responsibility of the tenured members of the affected department(s) to recommend which individuals are to be laid off. These recommendations shall follow seniority, as provided in s. UWS 5.08, unless a clear and convincing case is made that program needs dictate other considerations, e.g., the need to maintain diversity of specializations within a department. The department may seek the advice of other groups or individuals in formulating its recommendations. The departmental recommendation shall be forwarded to the chancellor, and the chancellor shall prepare recommendations for the system president and the board, as provided in s. UWS 5.14.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.08 Seniority {#sec-uws-5.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.08}

The faculty of each institution shall promptly after February 1, 1975, determine the form of seniority that is to be considered. Such a determination shall be effective uniformly throughout the institution. Seniority may be, but is not limited to, the following definitions:

(1) Without regard to rank, with seniority established by total years of service in the institution;

(2) By rank, and within rank according to total years of service in the institution; or

(3) By rank, and within rank, according to length of service in the institution at that rank.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.09 Notification {#sec-uws-5.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.09}

Each faculty member whose position is recommended for elimination shall receive prompt written notification from the chancellor. This statement of notification shall include:

(1) A summary of the reasons and evidence supporting the declaration of a state of financial emergency and of the reasons and data leading to the choice of the colleges, schools, departments or programs in which reductions are to be made;

(2) A statement of the basis on which the individual position was selected for elimination (if on the basis of seniority, the criterion used and data supporting the choice; if on another basis, the data and reasons supporting that choice);

(3) A statement of the date on which the layoff is to be effective (this must be consistent with the provisions of s. UWS 5.10); and

(4) A copy of these rules and such other information or procedural regulations as the chancellor or faculty hearing committee shall deem appropriate.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.10 Notification period {#sec-uws-5.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.10}

(1) For an academic year appointment the effective date of layoff must coincide with the end of an academic year. For an annual appointment it shall be June 30. In either case notification must be given at least 12 months in advance of the effective date. The notification referred to here is that specified in s. UWS 5.09 informing the faculty member that his or her position has been recommended for elimination.

(2) During this period, and prior to entering layoff status (see s. UWS 5.16), the chancellor may offer as appropriate, and the faculty member may accept:

(a) Terminal leave and early retirement

(b) Relocation leave accompanied by resignation

(3) Acceptance of either of these options will terminate the faculty members association with the University of Wisconsin System at the end of the leave period.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. (3) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 5.11 Faculty hearing committee {#sec-uws-5.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.11}

The faculty of each institution shall, promptly after February 1, 1975, establish a committee or designate an existing committee to serve as a hearing committee for the purposes of this chapter. The committee shall consist of faculty members of the institution chosen by the faculty in a manner to be determined by the faculty. This standing faculty committee shall operate as the hearing agent for the board pursuant to s. 227.46 (4), Stats., and conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence and transmit such record and summary along with its recommended findings of law and decision to the board according to s. UWS 5.14

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617.

Wis. Admin. Code § UWS 5.12 Review hearing {#sec-uws-5.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.12}

(1) A faculty member whose position is recommended for elimination is entitled to a hearing before the faculty hearing committee as to the appropriateness of the decision to lay off that particular individual. The existence of a state of financial emergency and the designation of the colleges, schools, departments or programs in which faculty positions are to be eliminated are not subject to review in the hearing.

(2) A hearing must be requested within 20 days of the receipt by the faculty member of notification of recommended layoff. The request shall state with particularity the grounds to be relied upon in establishing the impropriety of the decision. Relevant information supplementary to that contained in the notification statement may be requested. The question to be considered in the review is whether one or more of the following improper factors entered into the decision to lay off:

(a) Conduct, expressions, or beliefs on the faculty member’s part which are constitutionally protected, or protected by the principles of academic freedom; or

(b) Factors proscribed by applicable state or federal law regarding fair employment practices; or

(c) Improper selection of the individual to be laid off. For the purposes of this section, “improper selection” occurs if material prejudice resulted from any of the following:

The procedures required by rules of the faculty or board were not followed; or
Available data bearing materially on the role of the faculty member in the institution were not considered; or
Unfounded or arbitrary assumptions of fact were made; or
Immaterial or improper factors other than those specified above entered into the decision.

(3) The faculty member shall present evidence on whether one or more of the improper factors specified above entered into the decision to lay off. The committee shall then consider whether the evidence presented establishes a prima facie case that such factor or factors did enter significantly into the layoff decision. If the committee finds that a prima facie case has not been established, the layoff decision shall be found to have been proper and the hearing shall be ended. The committee shall report this finding to the chancellor and faculty member.

(4) If the committee finds that a prima facie case has been established, the chancellor or designee shall be entitled to present evidence to support the layoff decision, and, thereafter, the faculty member may present evidence in rebuttal. On the basis of all the evidence presented, the committee shall make its determination as follows:

(a) The committee shall first consider whether one or more of the above specified improper factors entered significantly into the decision to lay off. Unless the committee is convinced that such factors did significantly enter into that decision, the committee shall find the decision to have been proper.

(b) If the committee believes that improper factors may have entered into the decision, but is convinced that the same decision would have been reached had the error(s) not occurred, it shall find the decision to have been proper.

(c) If the committee is convinced that improper factors entered significantly into and affected the decision, it shall be found to be improper.

(5) The committee shall report its findings and recommendations to the chancellor and the faculty member.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.13 Hearing procedure {#sec-uws-5.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.13}

(1) If the faculty hearing committee requests, the chancellor shall provide legal counsel to the committee. The hearing shall be closed unless the faculty member whose position has been recommended for elimination requests an open hearing, in which case it shall be open (see subch. V of ch. 19, Stats., Open Meeting Law).

(2) The faculty hearing committee may, on motion of either party, disqualify any one of its members for cause by a majority vote. If one or more of the faculty hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the faculty equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the faculty establishing the standing committee under s. UWS 5.11. No faculty member who participated in the decision to lay off or who is a material witness may sit in on the hearing committee.

(3) The faculty member shall be given at least 10 days notice of the hearing; such hearing shall be held not later than 20 days after the request except that this time limit may be extended by mutual consent of the parties or by order of the hearing committee.

(4) The faculty member shall have access to the evidence on which the administration intends to rely to support the decision to lay off, and shall be guaranteed the following minimal procedural safeguards at the hearing:

(a) A right to be heard in his or her own behalf;

(b) A right to counsel and/or other representatives, and to offer witnesses;

(d) A verbatim record of the hearing, which might be a sound recording, provided at no cost;

(e) Written findings of fact and decision based on the hearing record; and

(f) Admissibility of evidence governed by s. 227.45 (1) to (4), Stats.

(5) Adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75, correction in (4) (f) made under s. 19.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; correction in (4) (f) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617.

Wis. Admin. Code § UWS 5.14 Recommendations and review by the board {#sec-uws-5.14 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.14}

The recommendations of the chancellor and the recommendations, if any, of the faculty hearing committee, shall be transmitted to the president of the University of Wisconsin System and to the board and acted upon as follows:

(1) If the faculty member has not requested a hearing before the faculty hearing committee, the recommendation shall be deemed proper and shall be reported for information to the system president and the board.

(2) If the faculty member has requested a hearing and the faculty hearing committee has found the decision to be proper, the report of the faculty hearing committee shall be forwarded to the system president and board by the chancellor with a recommendation. The faculty member may request a review by the board, and the board review panel may at its option grant a review. Unless the board review panel grants the request for review, the recommended findings of fact and decision of the standing faculty committee shall be the final decision of the Board of Regents.

(3) If after a hearing, the faculty hearing committee’s recommended findings of fact and decision are that the initial decision was improper, the chancellor shall review the matter and give careful consideration to the committee’s finding. If the chancellor accepts the committee’s findings the chancellor’s decision shall be final. If the chancellor contests the recommended findings that the decision was improper, the verbatim record, a summary of the evidence and the recommended findings of law and decision shall be forwarded to the board review panel (see s. UWS 5.15). The chancellor and the faculty member shall be furnished with copies of this material and shall have a reasonable opportunity to file written exceptions to such summary and proposed findings and decision and to argue with respect to them orally and in writing before the board review panel. The board review panel shall hear and decide the case in accordance with s. 227.46 (4), Stats. The decision of the board review panel shall be final.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75, correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; 2015 Wis. Act 330 s. 20: am. (intro.), (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 5.15 Board review {#sec-uws-5.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.15}

A review panel shall be appointed by the president of the Board of Regents, and shall include 3 members of the board, and 2 nonvoting staff members from the academic affairs office of the university system. The panel shall review the criteria and reasoning of the chancellor and the findings and recommendations of the faculty hearing committee in each case forwarded for its review, and shall reach a decision on the recommendation to be approved. The decision shall be final and binding upon the chancellor and the faculty member affected unless one or more of the regent members of the review panel request that the decision be reviewed by the full Board of Regents, in which case the record shall be reviewed and a decision reached by the full board.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 5.16 Layoff status {#sec-uws-5.16 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.16}

(1) A faculty member whose position has been eliminated or reduced in accordance with the provisions of this chapter shall, at the end of the appropriate notice period, be placed on layoff status, unless the layoff notice has been rescinded prior to that time.

(2) The faculty member whose notice period has expired, and who is placed on layoff status shall remain on layoff status until:

(a) For probationary faculty, the probationary appointment would have expired under its own terms;

(b) For tenured faculty, one of the following occurs:

Reappointment to the position from which laid off. Failure to accept such reappointment would terminate the faculty member’s association with the University of Wisconsin System.
Acceptance of an alternative continuing position in the University of Wisconsin System. Failure to accept an alternate appointment would not terminate the faculty member’s association with the University of Wisconsin System.
Resignation.
Failure by the affected faculty member to notify the chancellor not later than December 1, of each year while on layoff status as to his/her location, employment status, and desire to remain on layoff status. Failure to provide such notice of desire to remain on layoff status shall terminate the faculty member’s association with the University of Wisconsin System.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. (2) (b) 1., 2., 4. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 5.17 Alternative employment {#sec-uws-5.17 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.17}

Each institution shall devote its best efforts to securing alternative appointments within the institution in positions for which faculty laid off under this chapter are qualified under existing criteria. In addition, the University of Wisconsin System shall provide financial assistance for one year for faculty who are designated for layoff to readapt within the department or within another department of the institution, where such readaptation is feasible. Further, the University of Wisconsin System shall devote its best efforts to insure that faculty members laid off or terminated in any institution shall be made aware of openings within the system.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 5.18 Reappointment rights {#sec-uws-5.18 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.18}

Each institution shall establish administrative procedures and policies to insure that where layoff or terminations occur for reasons of financial emergency, no person may be employed at that institution within 3 years to perform reasonably comparable duties to those of the faculty member laid off or terminated without first offering the laid off or terminated faculty member reappointment without loss of tenure, seniority and other rights. The 3 year period shall be computed from the effective date of layoff as specified in the original notice.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.19 Retention of rank and salary {#sec-uws-5.19 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.19}

Any faculty member reappointed within 3 years after layoff or termination shall be reappointed with a rank and salary at least equivalent to the rank and salary when laid off or terminated, together with such other rights and privileges which may have accrued at that time; any faculty member relocated within an institution or within the University of Wisconsin System shall not have either rank or salary adversely affected except by consent at the time of relocation.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 5.20 Rights of faculty members on layoff {#sec-uws-5.20 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.20}

A faculty member on layoff status in accord with the provisions of this chapter has the reemployment rights guaranteed by ss. UWS 5.18 and 5.19, and has the following minimal rights:

(1) Such participation in fringe benefit programs as is allowed by state regulations governing rights of laid off state employees;

(2) Such continued use of campus facilities as is allowed by policies and procedures established by the department and institution; and

(3) Such participation in departmental and institutional activities as is allowed by guidelines established by the department and institution.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.21 Systemwide tenure {#sec-uws-5.21 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.21}

The commitment to systemwide tenure within the former chapter 37 institutions shall be honored by those institutions for those eligible under s. 36.13 (4), 1973 Stats., in the event of layoff or termination under the provisions of this chapter.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75.

Wis. Admin. Code § UWS 5.22 Lack of faculty action {#sec-uws-5.22 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.22}

If the faculty of an institution is given due notice of its rights and responsibilities under this chapter, and does not act, the chancellor may act as follows in lieu of the faculty action:

(1) If a faculty committee provided for in s. UWS 5.04 is not established, the chancellor may consult those members or representatives of the faculty he or she considers appropriate to satisfy the intent of s. UWS 5.05. All departments potentially involved shall be consulted and representatives of the faculty may dispute the chancellor’s recommendation for a state of financial emergency before the board.

(2) If the faculty does not act to determine the form of seniority to be followed, the chancellor may designate the form. Such designation shall be effective campuswide and shall be made prior to the declaration by the board of a state of financial emergency.

(3) If an affected department or program does not recommend individuals for layoff or termination following declaration of a state of financial emergency, the chancellor shall determine the individuals to be affected, using such advice as is deemed of value.

(4) If a faculty hearing committee provided for in s. UWS 5.11 is not established by the faculty, the chancellor may appoint a committee of faculty members to provide this function.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (1) made under s. 13.93 (2m) (b) 5., Stats., Register, June, 1995, No. 474.

Chapter UWS 6 COMPLAINTS AND GRIEVANCES

Wis. Admin. Code § UWS 6.01 Complaints {#sec-uws-6.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 6.01}

The faculty of each institution, with the approval of the chancellor, shall establish rules and procedures to deal with allegations by the administration, students, academic staff members, other faculty members, university staff members, or members of the public concerning conduct by a faculty member which violates university rules or policies, or which adversely affects the faculty member’s performance of his/her obligation to the university but which allegations are not serious enough to warrant dismissal proceedings under ch. UWS 4. Such rules and procedures shall include, but not necessarily be limited to, the following:

(1) Review of and administrative action on the complaint by the chancellor. Administrative action may include dismissing the complaint, invoking an appropriate disciplinary action, or referring the complaint to the standing faculty committee created under sub. (2).

(2) Provision for a hearing before a standing faculty committee selected by the faculty of each institution in such manner as they shall determine. Such hearing shall be held at the request of the chancellor or, if the chancellor invokes a disciplinary action, at the request of the faculty member concerned.

(3) Guarantee of adequate due process to include, but not limited to, written notification of the complaint, fair and complete hearing procedures, written statement of findings, transmittal of findings to the faculty member involved and appropriate administrative officials within a reasonable period of time, and prohibition of further jeopardy for the same alleged misconduct after a final decision.

(4) Delineation of the powers of the faculty committee to make recommendations to the chancellor concerning disciplinary action, to recommend dismissal of the complaint, or to recommend referral of the complaint to the appropriate department or administrative officer.

(5) The decision by the chancellor on the recommendations of the committee, or on the complaint in the absence of committee recommendation, shall be final except that the board at its option might grant a review on the record.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330: am. (intro.) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 6.02 Grievances {#sec-uws-6.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 6.02}

The faculty of each institution shall designate a committee or other appropriate faculty body to hear faculty grievances under rules and procedures established by the faculty of the institution in conjunction with the chancellor. The committee or faculty body shall have the power to conduct hearings and fact-finding related to the grievance and to recommend solutions to the grievance to the chancellor. If the committee or other body makes recommendations to the chancellor, the chancellor shall act on the recommendations within 30 days. The decision by the chancellor on the recommendation of the committee, or on the grievance in the absence of committee recommendation, shall be final except that the board, upon petition of a grievant or the committee or other faculty body, may grant a review on the record.

History

Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. Register, April, 1989, No. 400, eff. 5-1-89.

Chapter UWS 7 PROCEDURES FOR FACULTY DISMISSAL IN SPECIAL CASES

Wis. Admin. Code § UWS 7.01 Declaration of policy {#sec-uws-7.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 7.01}

University faculty members are responsible for advancing the university’s missions of teaching, research, and public service. The fulfillment of these missions requires public trust in the integrity of the institution and in all members of the university community. The university’s effectiveness, credibility, and ability to maintain public trust are undermined by criminal activity that poses a substantial risk to the safety of others, that seriously impairs the university’s ability to fulfill its missions, or that seriously impairs the faculty member’s fitness or ability to fulfill the faculty member’s duties. Situations involving such serious criminal misconduct by faculty members shall be addressed and resolved promptly to ensure that public trust is maintained, and that the university is able to advance its missions. The Board of Regents therefore adopts the procedures in this chapter for identifying and responding to those instances in which a faculty member has engaged in serious criminal misconduct.

History

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.

Wis. Admin. Code § UWS 7.015 Definitions {#sec-uws-7.015 omnilex-key=us-wi-regs-official--agency-uws--UWS 7.015}

(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.

(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.”

(3) “Complaint” means an allegation against a faculty member reported to an appropriate university official.

(4) “Consult” or “consulting” means thoroughly reviewing and discussing the relevant facts and discretionary issues.

(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.”

(6) “Serious criminal misconduct” is defined in s. UWS 7.02.

History

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.

Wis. Admin. Code § UWS 7.02 Serious criminal misconduct {#sec-uws-7.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 7.02}

(1) In this chapter, “serious criminal misconduct” means:

(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:

Causing serious physical injury to another person.
Creating a serious danger to the personal safety of another person.
Sexual assault.
Theft, fraud or embezzlement.
Criminal damage to property.
Stalking or harassment.

(b) A substantial risk to the safety of members of the university community or others is posed.

(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.

(d) The faculty member’s fitness or ability to fulfill the duties of the faculty member’s position is seriously impaired.

(e) The opportunity of students to learn, do research, or engage in public service is seriously impaired.

(2) Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, shall not constitute serious criminal misconduct.

(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.

(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.

History

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.

Wis. Admin. Code § UWS 7.03 Dismissal for cause {#sec-uws-7.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 7.03}

(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.

(2) Just cause for dismissal includes, but is not limited to, serious criminal misconduct, as defined in s. UWS 7.02.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-060: am. (1) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 7.04 Reporting responsibility {#sec-uws-7.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 7.04}

Any faculty member who is charged with, pleads guilty or no contest to, or is convicted of a felony of a type listed in s. UWS 7.02 (1) (a), in state or federal court, shall immediately report that fact to the chancellor.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07.

Wis. Admin. Code § UWS 7.05 Expedited process {#sec-uws-7.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 7.05}

(1) Whenever the chancellor of an institution within the University of Wisconsin System receives a report under s. UWS 7.04 or other credible information that a faculty member has pleaded guilty or no contest to, or has been convicted of a felony of a type listed in s. UWS 7.02 (1) (a), in state or federal court, the chancellor shall:

(a) Within 3 working days of receipt of the report or information, inform the faculty member of its receipt and, after consulting with appropriate institutional governance representatives, appoint an investigator to investigate the report or information and to advise the chancellor as to whether to proceed under this section or ch. UWS 4. If the university knows the identity of an affected party, the university shall make a reasonable attempt to notify the affected party of the report or information at the same time as the faculty member.

(b) Upon appointing an investigator and notifying the faculty member, afford the faculty member 3 working days in which to request that the investigator be disqualified on grounds of lack of impartiality or other cause. In the event that the chancellor determines that a request for disqualification should be granted, the chancellor shall, within 2 working days of the determination, appoint a different investigator. The faculty member shall have the opportunity to request that any second or subsequent investigators be disqualified on grounds of lack of impartiality or other cause.

(2) The investigator shall complete and file a report with the chancellor not later than 10 working days following the investigator’s appointment.

(3) Within 3 working days of receipt of the investigator’s report, the chancellor shall consult with appropriate institutional governance representatives and decide whether to seek dismissal of the faculty member pursuant to this chapter, to seek dismissal of the faculty member pursuant to ch. UWS 4, to seek an alternative disciplinary sanction, or to discontinue the proceedings as follows:

(a) If the chancellor decides to seek dismissal of the faculty member pursuant to this chapter, the chancellor shall file charges within 2 working days of reaching the decision.

(b) If the chancellor decides to seek dismissal of the faculty member pursuant to ch. UWS 4, the chancellor shall file charges and proceed in accordance with the provisions of that chapter and implementing institutional policies. If, during the course of such proceedings under ch. UWS 4, the chancellor receives a report under s. UWS 7.04 or other credible information that the faculty member has pleaded guilty or no contest to or has been convicted of a felony of a type listed in s. UWS 7.02 (1) (a), and one or more of the conditions listed in s. UWS 7.02 (1) (b) through (e) are present, the chancellor may, at that point, elect to follow the procedures for dismissal pursuant to this chapter.

(c) If the chancellor decides to seek an alternative disciplinary sanction, the procedures under chs. UWS 4 and 6, and implementing institutional policies, shall be followed.

(4) If charges seeking dismissal are filed under sub. (3) (a), the faculty member shall be afforded a hearing before the institutional standing committee charged with hearing dismissal cases and making recommendations under s. UWS 4.03. The hearing shall provide the procedural guarantees enumerated under ss. UWS 4.05 to 4.06, except that the hearing shall be concluded, and written findings and a recommendation to the chancellor shall be prepared, within 15 working days of the filing of charges.

(5) Within 3 working days of receipt of the findings and recommendation of the committee under sub. (4), the chancellor shall prepare a written recommendation on the matter as follows:

(a) If the recommendation is for dismissal, the chancellor shall transmit it to the board for review.

(b) Disciplinary action other than dismissal may be taken by the chancellor, whose decision shall be final, unless the board at its option grants a review on the record at the request of the faculty member. The faculty member shall receive a copy of the chancellor’s final decision. If the identity of an affected party is known to the university, the university shall make a reasonable attempt to provide the affected party a copy of the chancellor’s final decision at the same time as the faculty member.

(6) Upon receipt of the chancellor’s recommendation, the full board shall review the record before the institutional hearing committee and shall offer an opportunity for filing exceptions to the recommendation, as well as for oral argument. The full board shall issue its decision on the matter within 15 working days of receipt of the chancellor’s recommendation. If the university knows the identity of an affected party, the board shall make a reasonable attempt to notify the affected party of its decision at the same time as the faculty member.

(7) If a faculty member whose dismissal is sought under sub. (3) (a) does not proceed with the hearing before the institutional hearing committee as provided in sub. (4), the board shall take appropriate action within 10 working days of receipt of the statement of charges and the recommendation of the chancellor.

(8) The administration or its representatives shall have the burden of proof to show that just cause exists for dismissal under this chapter. The administration shall demonstrate by clear and convincing evidence that the faculty member engaged in serious criminal misconduct, as defined in s. UWS 7.02.

(9) The chair of the faculty hearing body, subject to the approval of the chancellor, may extend the time limits set forth in this section if the parties are unable to obtain, in a timely manner, relevant and material testimony, physical evidence or records, or where due process otherwise requires.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 15-061: am. (1) (a), (b), (5) (c), (6), r. and recr. (8) Register June 2016 No. 726, eff. 7-1-16; CR 20-060: am. (1) (a), (b), (3) (intro.), (c), r. and recr. (5), am. (6), (8) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 7.06 Temporary suspension without pay {#sec-uws-7.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 7.06}

(1) The chancellor, after consulting with appropriate faculty governance representatives, may suspend a faculty member from duties without pay pending the final decision as to the faculty member’s dismissal where:

(a) The faculty member has been charged with a felony of a type listed in s. UWS 7.02 (1) (a) and the chancellor, after following the provisions of s. UWS 7.05 (1) through (3), finds, in addition, that there is a substantial likelihood 1) that one or more of the conditions listed in s. UWS 7.02 (1) (b) through (e) are present, and 2) that the faculty member has engaged in the conduct as alleged; or

(b) The faculty member is unable to report for work due to incarceration, conditions of bail or similar cause; or

(c) The faculty member has pleaded guilty or no contest to or been convicted of a felony of a type listed in s. UWS 7.02 (1) (a) and one or more of the conditions listed in s. UWS 7.02 (1) (b) through (e) are present.

(2) If the chancellor finds that the conditions in sub. (1) are present, he or she shall immediately notify the faculty member, in writing, of the intent to impose a suspension without pay, and shall, within 2 working days, provide the faculty member with an opportunity to be heard with regard to the matter. The faculty member may be represented by counsel or another at this meeting.

(3) If, after affording the faculty member the opportunity to be heard, the chancellor determines to suspend without pay, the chancellor shall inform the faculty member of the suspension, in writing. The chancellor’s decision to suspend without pay under this section shall be final, except that:

(a) If the chancellor later determines that the faculty member should not be dismissed, the chancellor may discontinue the proceedings, or may recommend a lesser penalty to the board, and, except as provided in par. (c), shall order the payment of back pay for any period of the suspension for which the faculty member was willing and able to report for work.

(b) If the board later determines that the faculty member should not be dismissed, the board may order a lesser penalty and shall order the payment of back pay for any period of the suspension for which the faculty member was willing and able to report for work.

(c) If the chancellor or board later determines, under par. (a) or (b), to recommend or impose as a lesser penalty the suspension of the faculty member without pay, then any period of suspension without pay so recommended or ordered shall be offset by the period of any suspension without pay actually served by the faculty member.

(4) If, after affording the faculty member the opportunity to be heard, the chancellor determines that the conditions in sub. (1) are not present or that a suspension without pay is otherwise not warranted, the provisions of s. UWS 4.09 shall apply.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-060: am. (1) (intro.) Register May 2021 No. 785, eff. 6-1-21.

Chapter UWS 8 UNCLASSIFIED STAFF CODE OF ETHICS

Wis. Admin. Code § UWS 8.01 Declaration of policy {#sec-uws-8.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.01}

In view of the special relationship of the University of Wisconsin System to the state and to affirm as public policy within the system certain common standards to prevent conflicts of interest, the board hereby adopts the following code of ethics for unclassified staff pursuant to ss. 19.45 (11) (b) and 36.23, Stats.

(1) Every member of the unclassified staff at the time of appointment makes a personal commitment to professional honesty and integrity, to seek knowledge and to share that knowledge freely with others. Such a commitment is essential for the university to perform its proper function in our society and to ensure continued confidence of the people of this state in the University of Wisconsin System and its personnel. It is a violation of this commitment for unclassified staff members to seek financial gain for themselves, their immediate families or organizations with which they are associated through activities that conflict with the interests of the University of Wisconsin System.

(2) The Board of Regents, as a matter of policy, recognizes that:

(a) Members of the unclassified staff have personal and economic interests in the decisions and policies of national, state and local government.

(b) Members of the unclassified staff retain their rights as citizens to interests of a personal or economic nature.

(c) The code of ethics must distinguish between those minor and inconsequential conflicts which are unavoidable in a free society and those conflicts which are substantial and material.

(3) In adopting the standards of conduct set forth in this chapter, it is the board’s purpose to prohibit only those activities which will result in a conflict between the personal interests of an unclassified staff member and that staff member’s public responsibilities to the University of Wisconsin System. It is not the board’s purpose to prohibit an unclassified staff member from freely pursuing those teaching, research, professional and public service activities which will not result in such a conflict, nor to prohibit a staff member from accepting any compensation, fees, honoraria or reimbursement of expenses which may be offered in connection therewith.

Note: Subsection (3) should be read in conjunction with new s. UWS 8.025 concerning outside activities. The approach reflects the view that the major inquiry in regard to the acceptability of outside activities is whether they may or do present conflicts with, or detract from performance of, university duties and responsibilities.

History

Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. (1) (a) 1. and 2. and (b) 4., renum. (1), (1) (a) (intro.) and (1) (b) 1., 2. and 3. to be (intro), (1) and (2) (a) to (c) and am., cr. (3), Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330 s. 20: am. (intro.), (1), (2) (intro.), (3) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 8.02 Definitions {#sec-uws-8.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.02}

In this chapter:

(1) “Academic staff” means professional and administrative personnel other than faculty with duties, and subject to types of appointments, that are primarily associated with higher education institutions or their administration.

(2) “Anything of value” means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include:

(a) Any salary, expenses or other compensation received by a member of the unclassified staff from the university for his or her services;

(b) Any compensation, honoraria or expenses derived from outside activities permitted under this chapter;

(d) Hospitality extended for a purpose unrelated to university business.

(3) “Associated,” when used with reference to an organization, means that a person or a member of a person’s immediate family is a director, officer or trustee or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity.

(4) “Board” means the Board of Regents of the University of Wisconsin System.

(5) “Chancellor” means the chief executive officer of an institution.

(6) “Confidential university information” means information relating to university financial operations or personnel which is obtained from university records or in the course of official university business and which is not available to the general public upon request.

(7) “Contracting personnel” means those persons who are designated in writing by the chancellor of an institution or the president of the system to negotiate, review, approve, or sign contracts for the purchase of goods and services on behalf of an institution, the university system, or the board. The term does not include persons who do either or both of the following:

(a) Contract only with outside agencies for research or for services to be performed by the university; or

(b) Negotiate, review, approve or sign only employment contracts.

(8) “Faculty” means persons who hold the rank of professor, associate professor, assistant professor or instructor in an academic department or its functional equivalent in an institution.

(9) “Immediate family” means:

(a) An unclassified staff member’s spouse; and

(b) Any person who receives, directly or indirectly, more than one half of his or her support from an unclassified staff member or from whom an unclassified staff member receives, directly or indirectly, more than one half of his or her support.

(10) “Institution” means any university or an organizational equivalent designated by the board.

(11) “Limited appointees” means persons holding special appointments to administrative positions designated in s. 36.17, Stats., and ch. UWS 15, and who serve at the pleasure of the board or of the authorized official making the appointment.

(12) “Organization” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic.

(13) “President” means the president of the University of Wisconsin System.

(14) “Secretary” means the secretary of the board.

(15) “Unclassified staff” or “staff members” means faculty, academic staff and limited appointees of the University of Wisconsin System who are not subject to subch. III of ch. 19, Stats.

(16) “Vice President” means system administration officials with the title “Vice President” or other administrative officers with similar duties.

History

Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. (1) (f), (i) and (j), renum. (1) (intro.), (1) (a) to (e), (g), and (h) to be (intro.), (4), (14), (13), (16), (5), (8) and (1) and am. (intro.), (5), (8) and (16), cr. (2), (3), (6), (7), (9) to (12) and (15), Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330 ss. 8, 20: am. (4), (5), (13), (15) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 8.025 Outside activities and interests; reports {#sec-uws-8.025 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.025}

(1) Outside activities. Members of the unclassified staff are free to engage in outside activities, whether or not such activities are remunerative or related to staff members’ fields of academic interest or specialization. However, no member of the unclassified staff may engage in an outside activity if it conflicts with his or her public responsibilities to the University of Wisconsin System or the institution at which the unclassified staff member is employed.

(2) Reportable outside activities.

(a) The following outside activities must be reported to a staff member’s dean, director or other appropriate administrator:

Associations with organizations, as defined in s. UWS 8.02 (3) and (12), related to staff members’ fields of academic interest or specialization;
Private remunerative relationships between staff members and non-governmental sponsors of university research for which the staff member is a principal investigator; and
Remunerative outside activities in a staff member’s field of academic interest or specialization, including but not limited to consulting, and whether the staff member earns for such activities $5,000 or more in a year from a single source.

(b) Each unclassified staff member engaging in outside activities reportable under this section shall annually, on or before April 30, file a report of outside activities with his or her dean, director or other appropriate administrator.

(c) If, during the year, significant changes in a staff member’s reportable outside activities occur, the staff member shall immediately inform, in writing, his or her dean, director or other appropriate administrator. This information shall be placed on file with the staff member’s annual statement of outside interests.

(3) Institutional policies. The unclassified staff members of each institution, with the approval of the chancellor, shall develop policies and procedures which shall, at a minimum, provide:

(a) Standards concerning the use of university facilities and personnel in connection with outside activities;

(b) Standards concerning absence from regular duties for the purpose of engaging in outside activities;

(c) Guidelines identifying types or categories of outside activities which may result in a material conflict of interest; and

(d) For such reports of anticipated outside activities as are necessary to insure compliance with s. UWS 8.04.

(4) Reports public. Information required to be reported under this section shall, unless otherwise privileged by law, be a matter of public record.

Note: This section addresses outside activities. Several explanatory points provide relevant background:

1. The section addresses matters heretofore handled under chs. UWS 7 and 14, which are accordingly repealed. This change in the scope of chs. UWS 8 was made in response to legislative suggestion.

2. The rule recognizes the right of unclassified staff members to engage in outside activities, whether or not the activities are remunerative or related to staff members’ fields of academic interest. However, in order to assure that such activities do not conflict with staff members’ responsibilities to the University of Wisconsin System, or the institution at which the staff member serves, the rule provides that certain types of activities must be reported to staff members’ deans, directors or other appropriate administrators. These reportable outside activities include associations with organizations related to staff members’ fields of academic interest or specialization, certain private remunerative relationships between staff members and non-governmental research sponsors, and remunerative outside activities in staff members’ fields of academic interest or specialization and whether the staff member earns $5,000 or more in a year from a single source. The language retains the requirements currently in chs. UWS 7 and 14 that institutions develop policies to regulate the use of university facilities in connection with outside activities, and adds a similar requirement pertaining to use of personnel. It provides a more explicit requirement for institutional development of standards on absence from university duties, and for reports on outside activities which staff members anticipate they will perform during the academic year.

3. Guidelines and suggestions will be provided to institutions for implementation of the Regent rule. These guidelines would include examples of standards concerning use of university facilities and absence from university duties that might be adopted under s. UWS 8.025 (3) (a) and (b); categories or types of activities which might present a material conflict of interest under s. UWS 8.025 (3) (c); reporting procedures under s. UWS 8.025 (4); and other relevant information.

4. The rule incorporates and codifies the result of litigation between the Madison Capital Times and the UW-Madison. That case, decided in Dane County Circuit Court in the spring of 1983, held that UW-Madison reports of outside activities required under chs. UWS 7 and 14 were records open to public inspection. This section continues the existence of the reporting requirements (s. UWS 8.025 (2)) and declares the public nature of the reports (s. UWS 8.025 (4)), except in those instances where other legal principles establish a privilege for the information contained therein.

5. Section UWS 8.025 (1) indicates that the regents’ purpose is not to dictate the financial or topical terms of outside activity but to ensure that it does not present conflicts of interest or time with university duties. (See also Note to s. UWS 8.01 (3)).

6. Forms required under this section for the reporting of outside activities may be obtained from the Office of the Secretary to the Board of Regents, Room 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706, at no charge.

History

Cr. Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330 s. 20: am. (1) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 8.03 Standards of conduct {#sec-uws-8.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.03}

(1) Personal gain from university position.

(a) No member of the unclassified staff may, in a manner contrary to the interests of the University of Wisconsin System, use or attempt to use his or her public position or state property, including property leased by the state, to gain or attempt to gain anything of substantial value for the private benefit of the staff member, his or her immediate family or any organization with which the staff member is associated.

(b) No member of the unclassified staff may solicit or accept from any person or organization anything of value pursuant to an express or implied understanding that his or her conduct of university business would be influenced thereby.

(c) No member of the unclassified staff may intentionally use or disclose confidential university information in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family or for any other person or organization with which the staff member is associated.

(2) Contracting and leasing.

(a) No member of the unclassified staff, member of his or her immediate family, nor any organization with which an unclassified staff member is associated, may enter into any contract or lease involving payments of $3,000 or more within a 12 month period, derived in whole or in part from university funds, if the staff member is in a position to approve or influence, in his or her official capacity, the university’s decision to enter into the contract or lease.

(b) If the staff member is not in a position to approve or influence the university’s decision, the staff member may enter into a contract or lease described in par. (a) if the staff member first makes written disclosure of the nature and extent of any relationship described in par. (a) to the dean, director, or other appropriate administrator and he or she approves. The dean, director or other appropriate administrator shall approve a staff member’s interest in a lease or contract unless he or she determines that the staff member’s personal interest in the agreement will conflict substantially and materially with the staff member’s discharge of his or her university responsibilities.

(3) Nepotism.

(a) No member of the unclassified staff may participate, formally or informally, in the decision to hire, retain, grant tenure to, promote or determine the salary of a member of his or her immediate family.

(b) No member of the unclassified staff may, in the supervision or management of another unclassified staff member who is a member of his or her immediate family, give preferential or favored treatment.

(4) Student research protection. A member of the unclassified staff shall inform students engaged in research under his or her supervision of any financial interest which the unclassified staff member has in the research activity, including, but not limited to, financial arrangements involved in the direct support of the activity, agreements made by the unclassified staff member to obtain data for the research, or agreements concerning copyright or patent rights arising from the research.

(5) Waiver. The board may, upon written request and by action within a reasonable time of receipt thereof, waive any provision of this section whenever its literal application would be adverse to the best interests of the University of Wisconsin System or would work an unreasonable hardship on a member of the unclassified staff.

History

Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330 s. 20: am. (1) (a), (5) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 8.035 Institutional ethics committee {#sec-uws-8.035 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.035}

Each institution shall establish a committee, or designate an existing committee, whose function shall be to provide to any member of the unclassified staff consultation and advice on the application of this chapter. Committee deliberations and actions upon requests for consultation or advice shall be in meetings not open to the public. Records obtained in connection with requests for consultation or advice shall be considered confidential university information. However, summaries of advice provided by institutional ethics committees, which do not disclose the identities of persons requesting such advice, shall be made public in an annual report.

History

Cr. Register, January, 1986, No. 361, eff. 2-1-86.

Wis. Admin. Code § UWS 8.04 Action to avoid possible conflict {#sec-uws-8.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.04}

(1) When it appears that a material conflict may arise between the personal interests of a staff member and his or her public responsibilities to the university, the staff member shall notify his or her dean, director, or other appropriate administrator by submitting a written statement describing the nature of the possible conflict.

(2) Within 15 days after receipt of the statement, the dean, director or other appropriate administrator shall advise the staff member in writing that:

(a) There is no conflict prohibited by this chapter and the staff member may proceed; or

(b) There may be a conflict and further consultation is necessary prior to reaching a determination; or

The staff member shall not proceed with his or her university duties which result in the conflict, so long as the conflict remains; or
The staff member shall not proceed with his or her personal interests which result in the conflict, so long as the conflict remains.

(3) If the staff member is advised that sub. (2) (c) 1. or 2. applies to his or her case, the staff member, within 15 days after notice of the decision of the dean, director, or other appropriate administrator, may appeal the decision under ch. UWS 6 or 13.

History

Cr. Register, June, 1975, No. 234, eff. 7-1-75; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86.

Wis. Admin. Code § UWS 8.05 Sanctions {#sec-uws-8.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.05}

(1) Any person may file a written complaint charging a violation of this chapter. The complaint shall state the name of the member of the unclassified staff alleged to have committed a violation and describe the violation.

(2) A complaint involving a member of the unclassified staff serving within system administration shall be submitted to the president for investigation and disposition in accordance with system administration policies and procedures adopted pursuant to ch. UWS 11 or s. UWS 13.01, as appropriate.

(3) A complaint involving a member of the faculty or the academic staff serving at an institution of the University of Wisconsin System shall be submitted to the appropriate chancellor.

(a) Where the complaint is against a faculty member, the chancellor shall proceed under the policies and procedures adopted by his or her institution pursuant to ch. UWS 4 or s. UWS 6.01, as appropriate.

(b) Where the complaint is against a member of the academic staff, the chancellor shall proceed under the policies and procedures the institution has adopted pursuant to ch. UWS 11 or s. UWS 13.01, as appropriate.

(4) Complaints involving limited appointees serving at an institution of the University of Wisconsin System shall be submitted to the official who made the appointment and that official shall take appropriate action.

(5) Notwithstanding the other provisions of this section, the president or a chancellor may investigate possible violations of this chapter whenever the circumstances warrant and proceed in accordance with subs. (1) to (4).

Note: For possible criminal penalties for intentional violations of this chapter, see s. 19.58, Stats.

History

Cr. Register, June, 1975, No. 234, eff. 7-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86; 2015 Wis. Act 330 s. 20: am. (3), (4) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 8.06 Reports {#sec-uws-8.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 8.06}

The president, vice presidents, chancellors, and all contracting personnel shall annually, on or before April 30, file a statement of economic interest with the secretary. The statements shall be filed on a form provided by the secretary, and shall be considered matters of public record. The statements shall contain the information required by s. 19.44, Stats.

Note: This section makes public the statements of economic interest filed with the secretary of the board by the president, vice presidents, chancellors and all contracting personnel. It specifies that the statement is to contain the information specified in s. 19.44, Stats., which sets forth the form of the statement of economic interests filed by public officials governed by the state ethics code.

History

Cr. Register, June, 1975, No. 234, eff. 7-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.

Chapter UWS 9 ACADEMIC STAFF RULES: COVERAGE AND DELEGATION

Wis. Admin. Code § UWS 9.01 Coverage {#sec-uws-9.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 9.01}

The rules of chs. UWS 8 to 13, and the policies and procedures developed by particular institutions or system administration thereunder, apply to all academic staff appointments within each institution or within the system administration. In chs. UWS 8 through 13, where appropriate, “president” may be substituted for “chancellor” and “system administration” for “institution.”

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.

Wis. Admin. Code § UWS 9.02 Delegation {#sec-uws-9.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 9.02}

Each chancellor shall provide for the establishment of a committee to advise the administration on policies and procedures for academic staff adopted by the institution pursuant to chs. UWS 8 to 13. At least a majority of the members of this committee shall be members of the academic staff elected by members of the academic staff. Members of the committee shall select the chairperson thereof. Institutions which now have persons with faculty rank holding positions which will become academic staff positions under the definitions of faculty and academic staff provided in ch. 36, Stats., may designate such persons as academic staff for purposes of eligibility to participate in the election of members of the committee chosen in this way, and eligibility for election to the committee. Wherever each institution is charged in chs. UWS 8 to 13 with adopting policies and/or procedures, the chancellor shall develop these policies and procedures in consultation with the committee and, as appropriate, members of the faculty and student body. Policies and procedures developed by each institution for administering the elements of the academic staff personnel policies addressed by these rules shall be in full force and effect when finally approved by the chancellor and forwarded to the board. The board may undertake a review of any or all portions of such policies and procedures but shall complete such review within 90 days of the receipt of the policies and procedures. Should the board within 90 days return to the institution any portion or portions of its policies and procedures as disapproved, that portion or portions shall be suspended until reconsideration and resubmission has taken place.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; am. Register, January, 1986, No. 361, eff. 2-1-86.

Chapter UWS 10 ACADEMIC STAFF APPOINTMENTS

Wis. Admin. Code § UWS 10.01 Types of appointments {#sec-uws-10.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 10.01}

Academic staff appointments may be fixed term, probationary, or indefinite. Several probationary academic staff appointments may precede the granting of an indefinite appointment. Each institution shall develop guidelines concerning the categories of academic staff positions that may be appropriately designated as fixed term, probationary, or indefinite appointments. Appointments may be made in the central administration, an institution, college, department (or its functional equivalent), or a specified research or program unit. An appointment shall be limited to an operational area specified at the time of the appointment and shall not carry rights beyond that limitation.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 10.02 Recruitment and letter of appointment {#sec-uws-10.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 10.02}

(1) Each institution shall develop procedures relating to recruitment of members of the academic staff. The procedures shall be consistent with board policy and state and federal laws with respect to nondiscriminatory and affirmative action recruitment. The procedures shall allow maximum flexibility at the department, school, and college levels to meet particular needs.

(2) The terms and conditions of the appointment shall be specified in a written letter of appointment. The appointment letter shall be signed by an authorized official of the institution and should contain details as to the terms and conditions of the appointment, including but not limited to type of appointment (fixed term, probationary or indefinite), duration of the appointment (starting date, ending date), salary, general position responsibilities, definition of operational area, the length of the probationary period (if appropriate) and recognition of prior service as part of the probationary period (if appropriate). Accompanying this letter shall be an attachment detailing institutional and system regulations, rules, and procedures relating to academic staff appointments. If the appointment is subject to the approval of the board, a statement to this effect must be included in the letter. An amended letter of appointment should be sent in situations where a significant change in position responsibility occurs.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 10.03 Appointments policies {#sec-uws-10.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 10.03}

(1) Fixed term appointments. Each institution of the system may employ academic staff members on fixed term appointments. Such appointments shall be for a fixed term to be specified in the letter of appointment, are renewable solely at the option of the employing institution, and carry no expectation of reemployment beyond their stated term, regardless of how many times renewed. The initial fixed term appointment may include a specified period of time during which the appointee may be dismissed at the discretion of the authorized official. Such a dismissal is not subject to the provisions of ch. UWS 11. Unless otherwise specified, fixed term appointments shall be for a period of one year. Each institution shall develop policies and procedures for the use of such appointments. The policies and procedures of each institution shall specifically treat the issue of job security including appropriate due process protections in the case of nonreappointment for those fixed term academic staff members who have served the institution for a substantial period of time. Such policies and procedures shall be formulated so as to meet the continuing needs of the institution while at the same time recognizing the employment commitment and contribution to the institution provided by such fixed term academic staff members.

(2) Indefinite and probationary academic staff appointments. Indefinite appointments and probationary academic staff appointments shall be authorized by the chancellor or designee.

(a) Probationary academic staff appointments.

Each institution of the system may appoint selected members of the academic staff to probationary academic staff appointments leading to review and a decision on an indefinite appointment. Each institution shall adopt procedures to govern such appointments. These procedures shall provide for appropriate counting of prior service, for a maximum probationary period not to exceed 7 years for a full-time position, for annual appraisal of performance, and for an affirmative review process prior to the end of the probationary period resulting in promotion to an indefinite appointment or termination of the appointment. A longer maximum probationary period may be provided for part-time appointees. Unless otherwise specified, probationary appointments shall be for a period of one year. An indefinite appointment is not acquired solely because of years of service.
A leave of absence shall not constitute a break in continuous service, nor shall it be included in the probationary period under sub. (1).
Circumstances that do not constitute a break in continuous service and that shall not be included in the 7-year period include responsibilities with respect to childbirth or adoption, significant responsibilities with respect to elder or dependent care obligations, disability or chronic illness, or circumstances beyond the control of the academic staff member, when those circumstances significantly impede the academic staff member’s progress toward achieving indefinite status. It shall be presumed that a request made under this section because of responsibilities with respect to childbirth and adoption shall be approved. A request shall be made before an indefinite status review commences under subd. 1. A request for additional time because of responsibilities with respect to childbirth or adoption shall be initiated in writing by the academic staff member concerned and shall be submitted to a designated administrative officer who shall be authorized to grant a request following consultation with the academic staff member’s supervisor and who shall specify the length of time for which the request is granted. Except for a request because of responsibilities with respect to childbirth and adoption, a request made because of other circumstances under this section shall be submitted to a designated administrative officer who shall be authorized to grant a request in accordance with institutional policies. A denial of a request shall be in writing and shall be based upon clear and convincing reasons. More than one request may be granted because of responsibilities with respect to childbirth or adoption. More than one request may be granted to a probationary academic staff member but the total, aggregate length of time of all requests, except for a request because of responsibilities with respect to childbirth or adoption, granted to one probationary academic staff member ordinarily shall be no more than one year. Each institution shall develop procedures for reviewing the requests.
If any academic staff member has been in probationary status for more than 7 years because of one or more of the reasons set forth in subd. 2. or 3., the academic staff member shall be evaluated as if he or she had been on probationary status for 7 years.

Example: An academic staff member has been on probationary status for a total of 9 years because the academic staff was granted 2 requests under subd. 3. for one-year extensions because of the birth of 2 children. The academic staff member’s record of performance shall be evaluated as if the academic staff had only 7 years to work towards achieving indefinite status, rather than as if the academic staff member had been working towards achieving indefinite status for 9 years.

(b) Indefinite appointment. An indefinite appointment is an appointment with permanent status and for an unlimited term, granted by the chancellor to a member of the academic staff. Such an appointment is terminable only for cause under ch. UWS 11 or for reasons of budget or program under ch. UWS 12. Such an appointment may be granted to a member of the academic staff who holds or will hold a half-time appointment or more. The proportion of time provided for in the initial indefinite appointment may not be diminished or increased without the mutual consent of the academic staff member and the institution unless the appointment is terminated or diminished under ch. UWS 11 or 12. Each institution shall adopt procedures to govern indefinite appointments including provisions for annual appraisal of performance.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; renum. (2) (a) to be (2) (a) 1. and am., cr. (2) (a) 2. to 4., Register, February, 1994, No. 458, eff. 3-1-94.

Wis. Admin. Code § UWS 10.04 Nonrenewal of probationary academic staff appointments {#sec-uws-10.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 10.04}

(1) Each institution shall establish procedures for dealing with instances where probationary academic staff are not renewed. Nonrenewal is not a dismissal under ch. UWS 11. A nonrenewed member of the academic staff shall be provided with an opportunity to request and to receive, in writing, the reasons for nonrenewal and to receive a review of the decision upon written appeal by the academic staff member concerned within 20 days of notice of nonrenewal (25 days if notice is by first class mail and publication). The hearing body may be either an appropriate committee or a hearing examiner as designated in the institutional procedures. Such review shall be held not later than 20 days after the request, except that this time limit may be extended by mutual consent of the parties or by order of the hearing body. The burden of persuasion in such a review shall be on the nonrenewed appointee and the scope of the review shall be limited to the question of whether the decision was based in any significant degree upon one or more of the following factors, with material prejudice to the individual:

(a) Conduct, expressions, or beliefs which are constitutionally protected, or actions which are consistent with an appropriate professional code of ethics;

(b) Employment practices proscribed by applicable state or federal law; or

(c) Improper consideration of qualifications for reappointment or renewal. For purposes of this section, “improper consideration” shall be deemed to have been given to the qualifications of a staff member in question if material prejudice resulted because of any of the following:

The procedures required by the chancellor or board were not followed; or
Available data bearing materially on the quality of performance were not considered; or
Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.

(2) Findings as to the validity of the appeal shall be reported to the official making the nonrenewal decision and to the appropriate dean or director and the chancellor.

(3) Such report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration by the decision maker, a reconsideration by the decision maker under instructions from the hearing body, or a recommendation to the next higher administrative level. Cases shall be remanded for reconsideration by the decision maker in all instances unless the hearing body specifically finds that such a remand would serve no useful purpose. The hearing body shall retain jurisdiction during the pendency of any reconsideration.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 10.05 Notice {#sec-uws-10.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 10.05}

(1) Written notice that a fixed term or probationary academic staff appointment will not be renewed shall be given to the appointee in advance of the expiration of the appointment as follows:

(a) Fixed term appointments: At least 3 months before the end of the appointment in the first 2 years and 6 months thereafter. When the letter of offer for a fixed term appointment states that renewal is not intended, no further notice of nonrenewal is required.

(b) Probationary appointments: At least 3 months before the end of the appointment in the first year; 6 months before the end of the appointment in the second year; and 12 months thereafter.

(2) If proper notice of nonrenewal is not given in accordance with sub. (1), the appointment shall be extended so that at least the required notice is provided.

(3) The policies and procedures of each institution may provide for longer notice periods for teaching members of the academic staff. Unless specifically enumerated in the institutional policies and procedures, the above provisions shall govern.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Chapter UWS 11 PROCEDURES FOR ACADEMIC STAFF DISMISSAL AND FOR DISCIPLINE AND DISMISSAL IN TITLE IX CASES

Subchapter I General

Wis. Admin. Code § UWS 11.01 Dismissal for cause-indefinite academic staff appointments {#sec-uws-11.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.01}

(1) A member of the academic staff holding an indefinite appointment may be dismissed only for just cause under ss. UWS 11.02 to 11.10 and 11.29 to 11.33 or for reasons of budget or program under ch. UWS 12.

(2) The board’s policy is that members of the academic staff are entitled to enjoy and exercise all rights of United States citizens and to perform their duties in accordance with appropriate professional codes of ethics. This policy shall be observed in determining whether or not just cause for dismissal exists. The burden of proof of the existence of just cause for a dismissal is on the administration.

(3) Just cause for dismissal includes, but is not limited to, serious criminal misconduct, as defined in s. UWS 11.29.

(4) Indefinite appointment academic staff dismissal for cause and lesser discipline based on allegations of Title IX misconduct, as defined in s. UWS 11.13, shall be governed by ss. UWS 11.13 to 11.26.

History

Cr. Register, October, 1975, No. 236, eff. 11-1-75; CR 06-078: am. (1), cr. (3) Register May 2007, No. 617, eff. 6-1-07; CR 20-061: am. (1), (3), cr. (4) Register May 2021 No. 785, eff. 6-1-21; correction in (1), (4) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.015 Definitions {#sec-uws-11.015 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.015}

In this chapter:

(3) “Complaint” means an allegation against an academic staff member reported to an appropriate university official.

(3m) “Consent” means words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation in this section. A person is unable to give consent if the person is in a state of incapacitation because of drugs, alcohol, physical or intellectual disability, or unconsciousness.

(4) “Consult” or “consulting” means thoroughly reviewing and discussing the relevant facts and discretionary issues.

(9) “Sexual assault” means an offense that meets any of the following definitions:

(c) “Incest” means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per s. 944.06, Stats.

(d) “Statutory Rape” means sexual intercourse with a complainant who is under the statutory age of consent as per s. 948.02, Stats.

(10) “Sexual exploitation” means attempting, taking or threatening to take, nonconsensual sexual advantage of another person. Examples include:

(a) Engaging in the following conduct without the knowledge and consent of all participants:

Observing, recording, or photographing private body parts or sexual activity of the complainant.
Allowing another person to observe, record, or photograph sexual activity or private body parts of the complainant.
Otherwise distributing recordings, photographs, or other images of the sexual activity or private body parts of the complainant.

(b) Masturbating, touching one’s genitals, or exposing one’s genitals in the complainant’s presence without the consent of the complainant, or inducing the complainant to do the same.

(d) Inducing incapacitation through deception for the purpose of making the complainant vulnerable to non-consensual sexual activity.

(e) Coercing the complainant to engage in sexual activity for money or anything of value.

(f) Threatening distribution of any of the following, to coerce someone into sexual activity or providing money or anything of value:

Photos, videos, or recordings depicting private body parts or sexual activity of the complainant.
Other information of a sexual nature involving the complainant, including sexual history or sexual orientation.

History

CR 06-078: cr. Register May 2007, No. 617, eff. 6-1-07; CR 15-059: r. and recr. Register June 2016 No. 726, eff. 7-1-16; correction in (2), (8) made under 35.17, Stats., Register June 2016 No. 726; CR 20-061: r. and recr. (intro.), r. (2), cr. (3m), r. and recr. (5), (6), cr. (6m), r. (8), r. and recr. (9) to (11) Register May 2021 No. 785, eff. 6-1-21.

Subchapter II Procedures for Academic Staff Dismissal in Non-Title IX Cases

Wis. Admin. Code § UWS 11.016 Subchapter II definitions {#sec-uws-11.016 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.016}

(2) “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

(a) Quid pro quo sexual harassment.

An employee of the institution conditions the provision of an aid, benefit, or service of the institution directly or indirectly on an individual’s participation in unwelcome sexual conduct.
An employee of the institution either explicitly or implicitly conditions the provision of an academic, professional, or employment-related opportunity, aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.

(b) Hostile environment sexual harassment.

Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in a program or activity of the university that, when using the legal “reasonable person” standard, is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity.
Unwelcome conduct of a sexual nature directed towards an individual that, when using the legal “reasonable person” standard, is so severe or pervasive and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or participation in an university sponsored or supported activity.

Note: The definitions in this section are intended to apply only to Subchapter II.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; cr. (title) under s. 13.92 (4) (b) 2., Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.02 Responsibility for charges {#sec-uws-11.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.02}

(1) Whenever the chancellor of an institution receives an allegation which concerns an academic staff member holding an indefinite appointment which appears to be substantial and which, if true, might lead to dismissal under s. UWS 11.01, the chancellor shall request within a reasonable time that the appropriate dean, director, or designee investigate the allegation. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the chancellor shall direct the Title IX Coordinator, or designee, to initiate an investigation in accordance with applicable policies. The dean, director, or designee shall offer to discuss it informally with the academic staff member, and, if the allegation involves sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, with the complainant and provide information of rights under this chapter. Both the academic staff member and the complainant shall have the right to be accompanied by an advisor of their choice at any meeting or proceeding that is part of the institutional disciplinary process. If such an investigation and discussion does not result in a resolution of the allegation and if the allegation is deemed sufficiently serious to warrant dismissal, the dean, director, or designee shall prepare a written statement of specific charges. A member of the academic staff may be dismissed only after receipt of such a statement of specific charges and, if a hearing is requested by the academic staff member, after a hearing held in accordance with the provisions of this chapter and the subsequently adopted procedures of the institution. If the staff member does not request a hearing, dismissal action shall proceed along normal administrative lines but the provisions of ss. UWS 11.02, 11.08, and 11.09 shall apply. In those cases where the immediate supervisor of the academic staff member concerned is a dean or director, the chancellor shall, to avoid potential prejudice, designate an appropriate administrative officer to act for the dean or director under this section.

(2) Any formal statement of specific charges shall be served personally, by electronic means, or by certified mail, return receipt requested. If such service cannot be made within 20 days, service shall be accomplished by first class mail and by publication as if the statement of charges were a summons and the provisions of s. 801.11 (1) (c), Stats., were applicable. Such service by mailing and publication shall be effective as of the first insertion of the notice of statement of charges in the newspaper. If the formal statement of specific charges involves sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the formal statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; 2015 Wis. Act 330: am. (2) Register April 2016 No. 724, eff. 5-1-16; CR 15-059: am. (1), (2) Register June 2016 No. 726, eff. 7-1-16; merger of (2) treatments by 2015 Wis. Act 335 and CR 15-059 under s. 13.92 (4) (bm), Stats., Register September 2016 No. 729; CR 20-061: am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.03 Hearing body {#sec-uws-11.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.03}

(1) The chancellor of each institution shall provide for a hearing body charged with hearing dismissal cases and making a report and recommendations under this chapter. Throughout this chapter, the term “hearing body” is used to indicate either a hearing committee or a hearing examiner as designated in the institutional procedures. This hearing body shall operate as the hearing agent for the chancellor pursuant to s. 227.46 (4), Stats., and conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence and transmit such record and summary along with its recommended findings of fact and decision to the chancellor according to s. UWS 11.07.

(2) With the concurrence of the faculty and the academic staff advisory committee of each institution, the chancellor may provide that dismissal for cause of a member of the academic staff having teaching responsibilities may be heard by the hearing body specified in s. UWS 4.03. If so provided, the hearing shall be held pursuant to the provisions of ch. UWS 11.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617.

Wis. Admin. Code § UWS 11.04 Hearing {#sec-uws-11.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.04}

If the staff member requests a hearing within 20 days from the service of the statement of charges (25 days if notice is by first class mail and publication), such hearing shall be held not later than 20 days after the request, except that this time limit may be extended by mutual consent of the parties or by order of the hearing body. The request for a hearing shall be addressed in writing to the hearing body established pursuant to s. UWS 11.03. Service of written notice of hearing on the specific charges shall be provided at least 10 days prior to the hearing.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 11.05 Adequate due process {#sec-uws-11.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.05}

(1) Each institution shall develop policies and procedures to provide for a fair hearing upon request in the event of dismissal. A fair hearing for an academic staff member whose dismissal is sought under s. UWS 11.01 shall include all of the following:

(a) A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought.

(b) A right to be heard in the academic staff member’s defense.

(d) A right to confront and cross-examine adverse witnesses. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the hearing committee may reasonably restrict the academic staff member and the complainant from questioning each other.

(e) A verbatim record of all hearings, which might be a sound recording, provided at no cost.

(f) Written findings of fact and decision based on the hearing record.

(g) Admissibility of evidence governed by s. 227.45 (1) to (4), Stats.

(2) For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the complainant shall have all the rights provided to the academic staff member in s. UWS 11.05 (1) (a) to (g), except as may be precluded by applicable state or federal law.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (1) (g) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; CR 15-059: am. (1) (c), (d), cr. (2); Register June 2016 No. 726; correction in (2) under 35.17, Stats., Register June 2016 No. 726, eff. 7-1-16; CR 20-061: am. (1) (intro.), (a), (b), (d) to (f), (2) Register May 2021 No. 785, eff. 6-1-21; correction in (1) (c) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.06 Procedural guarantees {#sec-uws-11.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.06}

(1) The following requirements shall also be observed:

(a) Any person who participated in the investigation of allegations leading to the filing of a statement of charges, or in the filing of a statement of charges, or who is a material witness shall not be qualified to participate as a member of the hearing body.

(b) The hearing shall be closed unless the staff member under charges requests an open hearing, in which case it shall be open (see subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies).

(c) The hearing body shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges.

(d) The burden of proof of the existence of just cause is on the administration or its representatives.

(dm) For complaints of sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the standard of proof shall be a preponderance of the evidence.

(e) If a staff member whose dismissal is sought has requested a hearing, discontinuance of the proceeding by the institution is deemed a withdrawal of charges and a finding that the charges were without merit.

(f) Nothing in this section shall prevent the settlement of cases by mutual agreement between the administration and the staff member, with the chancellor’s approval, at any time prior to a final decision by the chancellor; or when appropriate, with the board’s approval prior to a final decision by the board.

(g) Adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made.

(2) If the institutional policies and procedures provide that dismissal cases be heard by a hearing committee, the following requirements shall be observed:

(a) The committee may, on motion of either party, and, if the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, on the motion of the complainant, disqualify any one of its members for cause by a majority vote. If one or more of the hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of replacements equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the policies and procedures adopted by the institution.

(b) If the hearing committee requests, the chancellor shall provide legal counsel after consulting with the committee concerning its wishes in this regard. The function of legal counsel shall be to advise the committee, consult with them on legal matters, and such other responsibilities as shall be determined by the committee within the provisions of the policies and procedures adopted by the institution.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 15-059: cr. (1) (dm), am. (1) (f), (2) (a) Register June 2016 No. 726, eff. 7-1-16; CR 20-061: am. (1) (a) to (f), (2) (a) Register May 2021 No. 785, eff. 6-1-21; correction in (1) (d) made under s. 35.17, Stats., Register June 2021 No. 786.

Wis. Admin. Code § UWS 11.07 Recommendations: to the chancellor {#sec-uws-11.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.07}

The hearing body shall send to the chancellor and to the academic staff member concerned, as soon as practicable after conclusion of a hearing, a verbatim record of the testimony and a copy of its report, findings, and recommendations. After reviewing the matter on record and considering arguments if submitted by the parties, the chancellor shall issue a decision. In that decision, the chancellor may order dismissal of the academic staff member, may impose a lesser disciplinary action, or may find in favor of the academic staff member. The academic staff member shall be notified of the chancellor’s decision in writing. In cases involving sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the complainant shall be notified of the chancellor’s decision at the same time as the academic staff member. This decision shall be deemed final unless the board, upon request of the academic staff member, grants review based on the record. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the complainant shall have all rights provided to the academic staff member in this section.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; CR 15-059: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-061: am. Register May 2021 No. 785, eff. 6-1-21; correction made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.08 Suspension from duties {#sec-uws-11.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.08}

Pending the final decision as to dismissal, the academic staff member with an indefinite appointment shall not be relieved of duties, except where, after consulting with the appropriate administrative officer, the chancellor finds that substantial harm may result if the staff member is continued in the staff member’s position. Where such determination is made, the staff member may be relieved of the staff member’s position immediately, or be assigned to another administrative unit, but the staff member’s salary shall continue until the chancellor makes a decision as to dismissal, unless the chancellor also makes the determinations set forth in s. UWS 11.32 (1) in which case the suspension from duties may be without pay and the procedures set forth in s. UWS 11.32 shall apply.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; CR 06-078: am. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.09 Date of dismissal {#sec-uws-11.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.09}

A decision by the chancellor ordering dismissal shall specify the effective date of the dismissal.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 11.10 Board review {#sec-uws-11.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.10}

A member of the academic staff on indefinite appointment who has been dismissed for cause by the chancellor following a hearing may appeal this action to the board. Any appeal must be made within 30 days of the date of the decision of the chancellor to dismiss. Upon receiving an appeal the board shall review the case on the record. Following such review the board may confirm the chancellor’s decision, or direct a different decision, or approve a further hearing before the board with an opportunity for filing exceptions to the hearing body’s recommendations or the chancellor’s decision and for oral argument on the record. If further review with opportunity for oral argument on the record is provided, this review shall be closed unless the staff member requests an open hearing. (See subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies.) All decisions of the board, whether after review on the record or after oral argument, shall be expressed in writing and shall indicate the basis for such decision. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the complainant shall have the same opportunity to appeal, file exceptions to the recommendations of the hearing committee or chancellor, and oral arguments, as provided to the academic staff member.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 15-059: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-061: am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.11 Dismissal for cause-fixed term or probationary academic staff appointments {#sec-uws-11.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.11}

A member of the academic staff holding a probationary appointment, or a member of the academic staff holding a fixed term appointment and having completed an initial specified period of time, may be dismissed prior to the end of the contract term only for just cause or for reasons of budget or program under ch. UWS 12. A nonrenewal of such an appointment is not a dismissal under this section. A dismissal shall not become effective until the individual concerned has received a written notification of specific charges and has been offered an opportunity for a hearing before the appropriate dean or director or designee. If such hearing is requested, a determination of just cause and notification of dismissal shall be made by the dean or director or designee. If no hearing is requested the dismissal is effected by the specifications in the original notification of charges. The hearing before the dean, director, or designee shall provide the academic staff member with an opportunity to present evidence and argument concerning the allegations. Dismissal shall be effective immediately on receipt of written notification of the decision of the dean or director or designee unless a different dismissal date is specified by the dean or director. Dismissals for cause shall be appealable by filing an appeal with the hearing body established under s. UWS 11.03. The burden of proof as to the existence of just cause on appeal shall be on the administration or the authorized official. The provisions of s. UWS 11.04, procedural guarantees, contained in ss. UWS 11.05 and 11.06 and the review provisions of s. UWS 11.07, shall be applicable to the appeal proceeding. In no event, however, shall a decision favorable to the appellant extend the term of the original appointment. If a proceeding on appeal is not concluded before the appointment expiration date, the academic staff member concerned may elect that such proceeding be carried to a final decision. Unless such election is made in writing, the proceeding shall be discontinued at the expiration of the appointment. If the chancellor ultimately decides in favor of the appellant, salary lost during the interim period between the effective date of dismissal and the date of the chancellor’s decision or the end of the contract period, whichever is earlier, shall be restored. In those cases where the immediate supervisor of the academic staff member concerned is a dean or director, the chancellor shall, to avoid potential prejudice, designate an appropriate administrative officer to act for the dean or director under this section. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the complainant shall have all procedural rights provided to the academic staff member in this section and the standard of proof shall be by a preponderance of the evidence. Dismissal for cause and lesser discipline based on allegations of Title IX misconduct, as defined in s. UWS 11.13, shall be governed by ss. UWS 11.13 to 11.26.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; CR 15-059: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-061: am. Register May 2021 No. 785, eff. 6-1-21; correction made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.12 Dismissal for cause-teaching members of the academic staff {#sec-uws-11.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.12}

The policies and procedures of each institution may provide that dismissal for cause of a member of the academic staff having teaching responsibilities and holding a probationary appointment or a fixed term appointment may proceed under ss. UWS 11.02 to 11.10. If the institutional policies and procedures do not specifically make such provisions, dismissal for cause shall be made pursuant to s. UWS 11.11. Dismissal for cause and lesser discipline based on allegations of Title IX misconduct as defined in s. UWS 11.13 shall be governed by ss. UWS 11.13 to 11.26.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; CR 20-061: am. Register May 2021 No. 785, eff. 6-1-21; correction made under s. 35.17, Stats., Register May 2021 No. 785.

Subchapter III Procedures for Academic Staff Dismissal and Discipline in Title IX Cases

Wis. Admin. Code § UWS 11.13 Subchapter III definitions {#sec-uws-11.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.13}

In this subchapter:

(1) “Complainant” means any individual who is alleged to be the subject of Title IX misconduct, as defined in this section.

(2) “Education program or activity” means, for purposes of Title IX misconduct only, locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the relevant misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the university.

(3) “Formal Title IX complaint” means, for the purposes of Title IX misconduct only, a document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against an academic staff member and requesting that the institution investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant must be participating in or attempting to participate in an educational program or activity. A formal complaint may be filed in person, by mail, by electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.

(4) “Respondent” means an individual who has been reported to be the perpetrator of Title IX misconduct as defined in this section.

(5) “Sexual harassment” means conduct on the basis of sex that satisfies any of the following:

(a) An employee of the institution conditions the provision of an aid, benefit, or service of the institution directly or indirectly on an individual’s participation in unwelcome sexual conduct.

(b) Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in a program or activity of the university that, when using the legal “reasonable person” standard, the conduct is so severe, pervasive, and objectionably offensive that it effectively denies the person equal access to the institution’s education program or activity.

(6) “Title IX misconduct” means sexual assault, stalking, dating violence, or domestic violence as defined in this chapter and sexual harassment as defined in sub. (5).

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (intro.) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.14 Dismissal for cause or lesser discipline for Title IX misconduct {#sec-uws-11.14 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.14}

(1) An academic staff member may be dismissed for cause, or subject to lesser discipline, for Title IX misconduct as the term is defined in s. UWS 11.13.

(2) Title IX misconduct allegations against academic staff shall follow the disciplinary procedure in ss. UWS 11.13 to 11.26. An academic staff member may be dismissed only for just cause and may otherwise be disciplined only after due notice and hearing.

(3) The board’s policy is that members of the academic staff are entitled to enjoy and exercise all rights of United States citizens and to perform their duties in accordance with appropriate professional codes of ethics. This policy shall be observed in determining whether or not just cause for dismissal, or grounds for other discipline, exists. The burden of proof of the existence of just cause for a dismissal, or grounds for other discipline, is on the administration.

(4) The academic staff member is presumed to be not responsible for the alleged Title IX misconduct until a final decision regarding responsibility is made at the conclusion of the disciplinary process.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.15 Application of Title IX misconduct disciplinary procedure {#sec-uws-11.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.15}

This disciplinary procedure for Title IX misconduct will be used only when all of the following requirements are met:

(1) There is a formal Title IX complaint alleging Title IX misconduct on the basis of sex.

(2) The conduct occurred in the United States.

(3) The conduct occurred within the university’s education programs or activities.

(4) The complainant must be participating in or attempting to participate in the education program or activity of the university at the time of filing the formal Title IX complaint.

(5) The complainant or Title IX Coordinator have submitted a written formal Title IX complaint.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

(1) The university shall dismiss formal Title IX complaints consisting of allegations that meet any of the following conditions:

(a) The alleged conduct would not constitute Title IX misconduct if proved.

(b) The alleged conduct did not occur in a university education program or activity.

(2) The university may dismiss formal Title IX complaints under any of the following conditions:

(a) The complainant formally requests in writing to withdraw the formal Title IX complaint.

(b) The academic staff member is no longer employed by the university.

(c) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination on the allegations contained in the formal Title IX complaint.

(3) The university generally shall decide whether to dismiss a formal Title IX complaint within 30 days of receipt of the formal complaint, but the university may extend that timeline as necessary. If a formal complaint is dismissed, the university shall provide notice of the dismissal and reasons therefore to the academic staff member and complainant in writing.

(4) Within 20 days of receipt of the notice of dismissal, the complainant or academic staff member may appeal the dismissal by filing a written appeal with the chancellor. The complainant or academic staff member may appeal on any of the following bases:

(a) Procedural irregularity that affected the outcome of the matter.

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

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

(5) The chancellor shall provide the academic staff 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 academic staff member within 30 days of receipt of a written appeal. The chancellor’s decision on the appeal of a dismissal shall be final.

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

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.17 Investigation of Title IX misconduct allegations {#sec-uws-11.17 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.17}

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

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

(a) The grievance process, including informal resolution options.

(b) The allegations of Title IX misconduct with sufficient detail for the academic staff 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.

(c) A statement affirming the academic staff member is presumed not responsible for the alleged violation until the disciplinary process finds otherwise.

(d) The academic staff member and complainant have the right to an advisor of their choice.

(e) The academic staff member and complainant have the right to inspect and review the evidence.

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

(3) The parties 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.

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

(a) Provide both the academic staff member and the complainant an equal opportunity to provide witnesses, including fact and expert witnesses, who may be interviewed by the investigators and other inculpatory and exculpatory evidence.

(b) Not restrict the ability of either the academic staff member or complainant to discuss the allegations under investigation or to gather and present relevant evidence.

(c) Provide the academic staff member and complainant the same opportunity to be accompanied by an advisor of their choice during meetings relating to the investigation but may limit the participation by the advisor so long as those limits are applied equally.

(d) Provide both the academic staff member and the complainant an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including evidence upon which the university does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from an academic staff member, complainant, or other source, so that the academic staff member and complainant can meaningfully respond to the evidence prior to conclusion of the investigation.

(5) As part of its investigation and disciplinary process, the university may not access, consider, disclose, or otherwise use an academic staff member’s or complainant’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 academic staff member or complainant, unless the university obtains the academic staff member’s or complainant’s voluntary, written consent to do so in relation to the investigation and disciplinary process.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (2) (b), (4) (c) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.18 Review of evidence {#sec-uws-11.18 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.18}

(1) Prior to completion of the final investigative report, the investigator shall send to the academic staff member and complainant and their respective advisors, if any, the evidence gathered during the investigation for inspection and review by the academic staff member and the complainant. The evidence may be provided in an electronic format or a hard copy. The evidence provided includes evidence upon which the university does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence, whether obtained from the academic staff member, complainant or other source to permit the academic staff member and complainant to meaningfully respond to the evidence prior to conclusion of the investigation.

(2) The academic staff member and the complainant shall have at least 10 days to submit a written response to the evidence. The investigator shall consider any written responses prior to completion of the final investigative report.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.19 Final investigative report {#sec-uws-11.19 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.19}

The investigator shall create a final investigative report that fairly summarizes relevant evidence and send the report to the academic staff member, the complainant, and their advisors, if any, for their review and response at least 10 days prior to a hearing. The written report shall be delivered simultaneously to the academic staff member and complainant at least 10 days prior to a hearing. The university shall, upon receipt of the final investigative report, proceed to schedule a live hearing on the matter. A hearing shall be conducted unless the academic staff member and the complainant both waive, in writing, the right to such a hearing.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.20 Standing academic staff committee and hearing examiner {#sec-uws-11.20 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.20}

(1) The chancellor of each university, in consultation with academic staff representatives, shall adopt policies providing for the designation of a Title IX misconduct hearing examiner. The chancellor shall select hearing examiners pursuant to these policies to hear academic staff dismissal and discipline cases. Additionally, the academic staff of each university shall provide a standing hearing committee charged with hearing academic staff dismissal and discipline cases. The chancellor shall appoint the presiding member of the hearing committee, who may be a hearing examiner. The academic staff member shall have the right to decide whether a hearing examiner or a hearing committee will hear the matter.

Note: The last sentence of sub. (1) should read “the university”, not “the academic staff member.” The intent was for the university to make this decision. This will be corrected in future rulemaking.

(2) The hearing committee or the hearing examiner shall conduct the hearing, make a verbatim record of the hearing, and transmit such record along with factual findings and decision to the chancellor. The hearing shall be held no later than 45 days after completion of the final investigative report except that this time limit may be extended by the hearing committee or the hearing examiner.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.21 Adequate due process {#sec-uws-11.21 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.21}

(1) A fair hearing for an academic staff member against whom dismissal or other discipline is sought shall include all of the following:

(a) Service of written notice of a live hearing on the allegations in the formal complaint at least 10 days prior to the hearing.

(b) A right to the names of witnesses and of access to documentary and other evidence which serve as the basis for seeking dismissal or other discipline.

(d) A right to an advisor, counsel, or other representatives, and to offer witnesses. The academic staff member’s or complainant’s advisor or counsel may ask all witnesses relevant questions and follow-up questions, including those challenging credibility. Credibility determinations, however, may not be made based on a person’s status as a complainant, respondent, or witness. If the academic staff member does not have an advisor, the university shall provide the academic staff member, without charge, an advisor of the university’s choice to conduct cross-examination on behalf of the academic staff member. The advisor may be an attorney.

(e) A right to confront and cross-examine adverse witnesses. The academic staff member’s or complainant’s advisor shall conduct cross examination directly, orally, and in real time. The academic staff member and the complainant may not personally conduct cross examination. If the academic staff member, the complainant, or a witness does not submit to cross-examination at the hearing, the hearing committee or the hearing examiner may not rely on any statement of the academic staff member, complainant, or witness in reaching its findings and recommendations. However, the hearing committee or hearing examiner may not draw a negative inference in reaching its findings and recommendations based solely on the absence of an academic staff member, complainant, or witness from the hearing or refusal to answer cross-examination or other questions.

(f) A verbatim record of all hearings, which might be a sound recording, made available at no cost for inspection and review.

(g) Written findings of fact supporting the decision based on the hearing record. The written findings of fact and decision shall include all of the following:

Identification of the allegations potentially constituting Title IX misconduct.
A description of the procedural steps taken from the receipt of the formal complaint through the hearing committee’s or hearing examiner’s decision, including any notifications to the academic staff member and the complainant, interviews with the academic staff member, the complainant, and witnesses, site visits, methods used to gather evidence, and hearings held.
Conclusions regarding the application of the university’s conduct rules and policies to the facts including the following: a determination regarding responsibility for each allegation and the rationale behind each decision, any disciplinary sanction recommended to be imposed, any remedies recommended to restore or preserve equal access to the university’s educational program or activity, and the university’s procedures and permissible bases for complainant and academic staff member to appeal.

(h) Admissibility of evidence is governed by s. 227.45 (1) to (4), Stats. Only relevant questions may be asked of the academic staff member, the complainant, and any witnesses. The hearing committee or hearing examiner shall determine whether a question is relevant and explain the decision to exclude a question as not relevant. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions or evidence are offered to prove that someone other than the academic staff member committed the conduct alleged by the complainant, or unless the questions or evidence concern specific incidents of the complainant’s prior sexual behavior with the academic staff member and are offered to prove consent.

(i) Upon the academic staff member’s request, the university shall provide for the hearing to occur with academic staff member and complainant located in separate rooms with technology enabling the hearing committee or hearing examiner, the academic staff member, and the complainant to simultaneously see and hear witnesses answering questions.

(2) The complainant shall have all the rights provided to the academic staff member in sub. (1) (a) to (i).

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (1) (h) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.22 Procedural guarantees {#sec-uws-11.22 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.22}

(1) Any hearing held shall comply with the requirements set forth in UWS 11.21. All of the following requirements shall also be observed:

(a) The burden of proof of the existence of just cause to support dismissal, or of grounds to support other discipline, is on the university administration.

(b) The standard of proof shall be a preponderance of the evidence.

(c) No academic staff member who participated in the investigation of allegations leading to the filing of a statement of charges, or who participated in the filing of a statement of charges, or who is a material witness, shall be qualified to sit on the hearing committee in that case.

(d) No university employee or other person who participated in the investigation of allegations leading to the filing of a statement of charges, or who participated in the filing of a statement of charges, or who is a material witness, shall be qualified to serve as the hearing examiner in that case.

(e) The hearing shall be closed unless the academic staff member requests an open hearing, in which case it shall be open.

Note: This right was intended to be given to the complainant as well. This will be corrected in future rulemaking.

Note: See subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies.

(f) The hearing committee may, on motion of the complainant or the academic staff member, disqualify any one of its members for cause by a majority vote. If one or more of the hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the academic staff equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the academic staff establishing the standing committee under this rule.

(g) The hearing committee or the hearing examiner may not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges unless the person holding the privilege has waived it. The hearing committee or the hearing examiner shall follow the evidentiary rules in s. UWS 11.21 (1) (h).

(h) If the hearing committee requests, the chancellor shall provide legal counsel after consulting with the hearing committee concerning its wishes in this regard. The function of legal counsel shall be to advise the hearing committee, consult with them on legal matters, and such other responsibilities as shall be determined by the hearing committee within the provisions of the rules and procedures adopted by the academic staff of the institution in establishing the standing academic staff committee under this policy.

(i) Nothing in this section shall prevent the settlement of cases by mutual agreement between the university administration, the complainant, and the academic staff member.

(j) Delay or adjournment of the hearing for good cause may be granted. Good cause includes any of the following:

The need to investigate evidence as to which a valid claim of surprise is made.
To ensure the presence of the academic staff member or the complainant, an advisor, or a witness.
To provide language assistance or accommodation of disabilities.
To accommodate concurrent law enforcement activity.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (intro.) made under s. 13.92 (4) (b) 3., Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.23 Hearing committee or hearing examiner findings and recommendations to the chancellor {#sec-uws-11.23 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.23}

The hearing committee or hearing examiner shall simultaneously send to the chancellor, to the complainant, and to the academic staff member concerned, within 30 days after the conclusion of the hearing, or otherwise as soon as practicable, a verbatim record of the testimony and a copy of its factual findings and recommendations.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.24 Chancellor’s decision {#sec-uws-11.24 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.24}

(1) After reviewing the matter on record and considering any arguments submitted by the parties, the chancellor shall issue a decision. The chancellor may adopt the hearing committee or hearing examiner’s findings and recommendations as the chancellor’s decision. The chancellor shall explain in the decision any substantial differences from those findings and recommendations. If the chancellor’s proposed decision differs substantially from those recommendations, the chancellor shall promptly consult the hearing committee or the hearing examiner and provide the committee or the hearing examiner with a reasonable opportunity for a written response prior to making a decision. In that decision, the chancellor may order dismissal of the academic staff member, may impose a lesser disciplinary action, or may find in favor of the academic staff member. The academic staff member shall be notified of the chancellor’s decision in writing. The complainant shall be notified of the chancellor’s decision at the same time as the academic staff member. This decision shall be deemed final unless the board, upon request of the academic staff member or complainant, grants review based on the record.

(2) The chancellor’s decision shall be based on the record created before the hearing committee or hearing examiner, and the chancellor shall include the chancellor’s rationale in the decision. The chancellor’s decision shall be simultaneously sent to the academic staff member concerned, the complainant, and to the hearing committee or the hearing examiner within 45 days of the chancellor’s receipt of the hearing committee’s or hearing examiner’s materials. A decision by the chancellor ordering dismissal shall specify the effective date of the dismissal.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (2) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.25 Appeal to the board {#sec-uws-11.25 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.25}

(1) The academic staff member or complainant may file an appeal of the chancellor’s decision to the board. Any appeal must be made within 30 days of the date of the decision of the chancellor to dismiss. The board shall provide the academic staff member and complainant an opportunity for filing written exceptions to the chancellor’s decision, and for oral arguments, unless the academic staff member and the complainant waive in writing the right to file exceptions and for oral arguments. The hearing of any oral arguments shall be closed unless the academic staff member or the complainant requests an open hearing.

Note: See subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies.

(2) The academic staff member or complainant may file exceptions to the chancellor’s decision, and the board shall conduct its review of the chancellor’s decision, on any of the following bases:

(a) Procedural irregularity that affected the outcome of the matter.

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

(c) Conflict of interest or bias for or against the academic staff member or complainant, or against complainants and respondents generally, by the Title IX coordinator, investigator, the chancellor, the hearing examiner, or the hearing committee members that affected the outcome.

(3) If the board decides to take action different from the decision of the chancellor, then before taking final action the board shall consult with the chancellor.

(4) The board shall make its decision based on the record created before the hearing committee or hearing examiner. Within 60 days of receipt of the chancellor’s decision, or otherwise as soon as practicable, the board shall simultaneously notify the academic staff member and the complainant of the board’s final decision, which shall include the board’s rationale for its decision.

(5) A decision by the board ordering dismissal of an academic staff member shall specify the effective date of the dismissal.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (1) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.26 Suspension from duties in Title IX misconduct dismissal cases {#sec-uws-11.26 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.26}

Pending the final decision as to dismissal, an academic staff member with an indefinite appointment may not be relieved of duties, except where, after consulting with the appropriate administrative officer, the chancellor finds that substantial harm may result if the staff member is continued in the staff member’s position. Where such determination is made, the staff member may be relieved of the staff member’s position immediately, or be assigned to another administrative unit, but the staff member’s salary shall continue until the chancellor makes a decision as to dismissal, unless the chancellor also makes the determinations set forth in s. UWS 11.32 (1) in which case the suspension from duties may be without pay and the procedures set forth in s. UWS 11.32 shall apply.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Subchapter IV Procedures for Dismissal for Cause in Special Cases – Indefinite Academic Staff Appointments

Wis. Admin. Code § UWS 11.27 Subchapter IV definition {#sec-uws-11.27 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.27}

In this subchapter, “affected party” means any student, employee, visitor, or an individual participating in a university program or activity, who is a victim of an academic staff member’s serious criminal misconduct.

History

CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.28 Dismissal for cause in special cases - indefinite academic staff appointments {#sec-uws-11.28 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.28}

A member of the academic staff holding an indefinite appointment may be dismissed for serious criminal misconduct, as defined in s. UWS 11.29.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.101 and am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.29 Serious criminal misconduct {#sec-uws-11.29 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.29}

(1) In this chapter, “serious criminal misconduct” means:

(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:

Causing serious physical injury to another person.
Creating a serious danger to the personal safety of another person.
Sexual assault.
Theft, fraud or embezzlement.
Criminal damage to property.
Stalking or harassment.

(b) A substantial risk to the safety of members of the university community or others is posed.

(c) The university’s ability, or the ability of the academic staff member’s colleagues, to fulfill teaching, research or public service missions is seriously impaired.

(d) The academic staff member’s fitness or ability to fulfill the duties of their position is seriously impaired.

(e) The opportunity of students to learn, do research, or engage in public service is seriously impaired.

(2) Conduct, expressions, or beliefs which are constitutionally protected, or protected by the principles of academic freedom, shall not constitute serious criminal misconduct.

(3) Except as otherwise expressly provided, an academic staff member who has engaged in serious criminal misconduct shall be subject to the procedures set forth in ss. UWS 11.30 to 11.33.

(4) Any act required or permitted by ss. UWS 11.30 to 11.33 to be done by the chancellor may be delegated to the provost or another designee pursuant to institutional policies forwarded to the Board of Regents under s. UWS 9.02.

History

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 20-061: renum. from UWS 11.102 and am. (1) (d), (3), (4) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.30 Reporting responsibility {#sec-uws-11.30 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.30}

Any academic staff member who is charged with, pleads guilty or no contest to, or is convicted of a felony of a type listed in s. UWS 11.29 (1) (a), in state or federal court, shall immediately report that fact to the chancellor.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.103 and am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 11.31 Expedited process {#sec-uws-11.31 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.31}

(1) Whenever the chancellor of an institution within the University of Wisconsin System receives a report under s. UWS 11.30 or other credible information that an academic staff member holding an indefinite appointment has pleaded guilty or no contest to, or has been convicted of a felony of a type listed in s. UWS 11.29 (1) (a), in state or federal court, the chancellor shall:

(a) Within 3 working days of receipt of the report or information, inform the academic staff member of its receipt and, after consulting with appropriate institutional governance representatives, appoint an investigator to investigate the report or information and advise the chancellor as to whether to proceed under this section or ss. UWS 11.02 to 11.10 or ss. UWS 11.13 to 11.26. If the university knows the identity of an affected party, the university shall make a reasonable attempt to notify the affected party of the report or information at the same time as the academic staff member.

(b) Upon appointing an investigator and notifying the academic staff member, afford the academic staff member 3 working days in which to request that the investigator be disqualified on grounds of lack of impartiality or other cause. In the event that the chancellor determines that a request for disqualification should be granted, the chancellor shall, within 2 working days of the determination, appoint a different investigator. The academic staff member shall have the opportunity to request that any second or subsequent investigators be disqualified on grounds of lack of impartiality or other cause.

(2) The investigator shall be complete and file a report with the chancellor not later than 10 working days following the investigator’s appointment.

(3) Within 3 working days of receipt of the investigator’s report, the chancellor shall consult with appropriate institutional governance representatives and decide whether to seek dismissal of the academic staff member pursuant to ss. UWS 11.28 to 11.33, to seek dismissal of the academic staff member pursuant to ss. UWS 11.02 to 11.10, to seek dismissal of the academic staff member pursuant to ss. UWS 11.13 to 11.25, to seek an alternative disciplinary sanction, or to discontinue the proceedings as follows:

(a) If the chancellor decides to seek dismissal of the academic staff member pursuant to ss. UWS 11.28 to 11.33, the chancellor shall file charges within 2 working days of reaching the decision.

(b) If the chancellor decides to seek dismissal of the academic staff member pursuant to ss. UWS 11.02 to 11.10 or ss. UWS 11.13 to 11.26, the chancellor shall file charges and proceed in accordance with the provisions of those sections of this chapter and implementing institutional policies. If, during the course of proceedings under ss. UWS 11.02 to 11.10 or ss. UWS 11.13 to 11.26, the chancellor receives a report under s. UWS 11.30 or other credible information that the academic staff member has pleaded guilty or no contest to or has been convicted of a felony of a type listed in s. UWS 11.29 (1) (a), and one or more of the factors listed in s. UWS 11.29 (1) (b) to (e) are present, the chancellor may, at that point, elect to follow the procedures for dismissal pursuant to this section.

(c) If the chancellor decides to seek an alternative disciplinary sanction, the procedures under ch. UWS 13 or ss. UWS 11.13 to 11.26, and implementing institutional policies, shall be followed.

(4) If charges seeking dismissal are filed under sub. (3) (a), the academic staff member shall be afforded a hearing before the institutional standing committee charged with hearing dismissal cases and making recommendations under s. UWS 11.03. The hearing shall provide the procedural guarantees enumerated under ss. UWS 11.05 to 11.06, except that the hearing must be concluded, and written findings and a recommendation to the chancellor must be prepared, within 15 working days of the filing of charges.

(5) Within 3 working days of receipt of the findings and recommendation of the committee under sub. (4), the chancellor shall prepare a written decision on the matter. In the decision, the chancellor may order dismissal of the staff member, may impose a lesser disciplinary action, or may find in favor of the staff member. The staff member shall be notified of the chancellor’s decision in writing. If the university knows the identity of an affected party, the university shall make a reasonable attempt to provide the affected party a copy of the chancellor’s final decision at the same time as the academic staff member. This decision shall be deemed final unless the board, upon request of the academic staff member, grants a review based on the record.

(6) The administration or its representatives shall have the burden of proof to show that just cause exists for dismissal under this chapter. The administration shall demonstrate by clear and convincing evidence that the academic staff member engaged in serious criminal misconduct, as defined in s. UWS 11.29.

(7) The chair of the academic staff hearing body, subject to the approval of the chancellor, may extend the time limits set forth in this section if the parties are unable to obtain, in a timely manner, relevant and material testimony, physical evidence or records, or where due process otherwise requires.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 15-059: am. (1) (a), (b), (5), r. and recr. (6) Register June 2016 No. 726, eff. 7-1-16; CR 20-061: renum. from UWS 11.104 and am. (1), (3), (5), (6) Register May 2021 No. 785, eff. 6-1-21; correction in (3) (b), (5) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.32 Temporary suspension from duties without pay {#sec-uws-11.32 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.32}

(1) The chancellor, after consulting with appropriate academic staff governance representatives, may suspend an academic staff member holding an indefinite appointment from duties without pay pending the final decision as to dismissal where:

(a) The academic staff member has been charged with a felony of a type listed in s. UWS 11.29 (1) (a) and the chancellor, after following the provisions of s. UWS 11.31 (1) to (3), finds, in addition, that there is a substantial likelihood 1) that one or more of the conditions listed in s. UWS 11.29 (1) (b) to (e) are present, and 2) that the academic staff member has engaged in the conduct as alleged; or

(b) The academic staff member is unable to report for work due to incarceration, conditions of bail or similar cause; or

(c) The academic staff member has pleaded guilty or no contest to or been convicted of a felony of the type listed in s. UWS 11.29 (1) (a) and one or more of the conditions in s. UWS 11.29 (1) (b) to (e) are present.

(2) If the chancellor finds that the conditions in sub. (1) are present, he or she shall immediately notify the academic staff member, in writing, of the intent to impose a suspension without pay, and shall, within 2 working days, provide the academic staff member with an opportunity to be heard with regard to the matter. The academic staff member may be represented by counsel or another at this meeting.

(3) If, after affording the academic staff member the opportunity to be heard, the chancellor determines to suspend without pay, the chancellor shall inform the academic staff member of the suspension, in writing. The chancellor’s decision to suspend without pay under this section shall be final, except that:

(a) If the chancellor later determines that the academic staff member should not be dismissed the chancellor may discontinue the proceedings, or may impose a lesser penalty, and except as provided in par. (b), shall order the payment of back pay for any period of the suspension for which the academic staff member was willing and able to report for work;

(b) If the chancellor later determines to recommend or impose as a lesser penalty the suspension of the academic staff member without pay, then any period of suspension without pay so recommended or ordered shall be offset by the period of any suspension without pay actually served by the academic staff member.

(4) If, after affording the academic staff member the opportunity to be heard, the chancellor determines that the conditions in sub. (1) are not present or that a suspension without pay is otherwise not warranted, the provisions of s. UWS 11.08 shall apply.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.105 and am. (1) (intro.), (a), (c), renum. (3) (a) to (c) to (3) (intro.), (a), (b) and, as renumbered, am. (3) (a), (b) Register May 2021 No. 785, eff. 6-1-21; correction in (1) (a), (c) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 11.33 Board review {#sec-uws-11.33 omnilex-key=us-wi-regs-official--agency-uws--UWS 11.33}

A member of the academic staff on an indefinite appointment who has been dismissed for serious criminal misconduct may appeal this action to the board as provided in s. UWS 11.10. If the university knows the identity of an affected party, the board shall make a reasonable attempt to notify the affected party of its decision at the same time as the academic staff member.

History

CR 06-078: cr. Register May 2007 No. 617, eff. 6-1-07; CR 20-061: renum. from UWS 11.106 and am. Register May 2021 No. 785, eff. 6-1-21.

Chapter UWS 12 LAYOFF OF ACADEMIC STAFF FOR REASONS OF BUDGET OR PROGRAM

Wis. Admin. Code § UWS 12.01 General {#sec-uws-12.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.01}

Notwithstanding s. 36.15, Stats., and chs. UWS 10 and 11, the chancellor of each institution or designee may layoff a member of the academic staff holding an indefinite appointment, or may layoff a member of the academic staff holding either a fixed term or a probationary appointment prior to the end of the appointment period, when such action is deemed necessary due to budget or program decision requiring program discontinuance, curtailment, modification, or redirection. Consistent with the limitation of academic staff appointments to an operational area, each institution shall establish policies and procedures which will ensure careful consideration of layoff decisions for reasons of budget or program. The institutional policies and procedures should recognize the constraints imposed on institutional response to an unanticipated cancellation of a contract or grant or to an unanticipated decline in an income account supporting a particular activity. The institution should take such constraints into account in designing the nature and timing of the consultation appropriate to such circumstances. The institution’s policies and procedures may provide as needed the alternative forms of consultation appropriate to differences in the sources of funds for various programs or activities, or differences in the timing of information concerning a decline in resources for particular programs or activities. Program decisions made pursuant to a change in the level of resources available for a particular project shall be discussed by the chancellor or designee with such committee, committees, or committee representatives as may be specified by institutional policies and procedures as appropriate for such purposes. Decisions affecting individuals shall be communicated to the affected persons by the chancellor or designee together with a description of the change in available resources which has required the layoff decision. Nonrenewal of a probationary academic staff appointment under s. UWS 10.04, or a fixed term appointment, even if for financial reasons, is not a layoff for reasons of program or budget.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 12.02 Layoff {#sec-uws-12.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.02}

For the purpose of this chapter, “layoff” is the suspension of an academic staff member’s employment by the University of Wisconsin System during the appointment period, for reasons of budget or program. A laid-off academic staff member retains the rights specified in ss. UWS 12.07 through 12.11, inclusive. For the purposes of s. 36.21, Stats., termination occurs at the time of layoff.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 12.03 Individual layoff decision {#sec-uws-12.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.03}

When a reduction in program of a particular operational area is required, layoffs of academic staff members with indefinite, fixed term, or probationary appointments should normally follow seniority. This presumption in favor of seniority may be overcome where program needs dictate other considerations (e.g., the need to maintain specific expertise within the program or operational area). The standard notice periods specified in s. UWS 10.05 should be used, unless there are compelling reasons to the contrary (e.g., almost immediate cutoff of funds), for layoff of probationary and fixed term appointments under this chapter. Indefinite appointees shall have 12 months’ notice of layoff for reasons of budget or program, unless there are compelling reasons to the contrary.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 12.04 Hearing body {#sec-uws-12.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.04}

The chancellor of each institution shall provide for a hearing body for the purposes of this chapter. Throughout this chapter the term “hearing body” is used to indicate either a hearing committee or a hearing examiner as designated in the institutional procedures. This hearing body shall operate as the hearing agent for the chancellor pursuant to s. 227.46 (4), Stats., and conduct the hearing, make a verbatim record of the hearing, prepare a summary of the evidence and transmit such record and summary along with findings of fact and decision to the chancellor.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617.

Wis. Admin. Code § UWS 12.05 Review and hearing for indefinite appointments {#sec-uws-12.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.05}

(1) An academic staff member with an indefinite appointment whose position is to be eliminated shall be notified in writing and shall, upon request made within 20 days after such notification, be given a written statement of the reasons for the decision within 15 days, including a statement of the reasons for the determination that the budgetary or program needs should be met by curtailing or discontinuing the program in which the individual concerned works. If the academic staff member requests in writing within 20 days after receipt of said statement, he or she shall be entitled to a hearing before the hearing body. However, such a request for hearing shall not forestall a layoff under this section.

(a) The request for hearing shall specify the grounds to be used in establishing the impropriety of the decision.

(b) The staff member shall be given at least 10 days notice of such hearing. Such hearing shall be held not later than 20 days after the request except that this time limit may be extended by order of the hearing body. Anyone who participated in the decision to layoff or who is a material witness shall not serve on the hearing body.

(2) The academic staff member shall have access to the evidence on which the administration intends to rely to support the decision to layoff and shall be guaranteed the following minimal procedural safeguards at the hearing:

(a) A right to be heard in his or her defense;

(b) A right to counsel and/or other representatives, and to offer witnesses;

(d) A verbatim record of all hearings, which might be a sound recording, provided at no cost;

(e) Written findings of fact and decision based on the hearing record;

(f) Admissibility of evidence governed by s. 227.45 (1) to (4), Stats.;

(g) The hearing shall be closed unless the staff member whose position is to be eliminated requests an open hearing, in which case it shall be open (see subch. V of ch. 19, Stats., Open Meeting Law);

(h) Adjournments shall be granted to enable either party to investigate evidence as to which a valid claim of surprise is made.

(3) If the institutional policies and procedures provide that the review and hearing be conducted by a committee, the following requirements shall be observed:

(a) The committee may, on motion of either party, disqualify any one of its members for cause by a majority vote. If one or more of the committee members disqualify themselves or are disqualified, the remaining members may select a number of other replacements equal to the number who have been disqualified to serve;

(b) If the committee requests, the chancellor shall provide legal counsel after consulting with the committee concerning its wishes in this regard. The function of legal counsel shall be to advise the committee, consult with them on legal matters, and carry out such responsibilities as shall be determined by the committee within the policies and procedures adopted by the institution.

(4) The first question to be considered in the review is whether one or more of the following factors improperly entered into the decision to layoff:

(a) Conduct, expressions, or beliefs on the staff member’s part which are constitutionally protected or actions which are consistent with an appropriate professional code of ethics;

(b) Employment practices prescribed by applicable state or federal law; or

(c) Improper consideration of the qualifications of the staff member. For the purposes of this section, “improper consideration” occurs if material prejudice resulted from any of the following:

The procedures required by the chancellor or board were not followed;
Available data bearing materially on the quality of the staff member’s actual or potential performance were not considered; or
Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.

(5) The staff member shall present evidence on whether one or more of the factors specified above improperly entered into the decision to layoff. The hearing body shall then consider whether the evidence presented establishes a prima facie case that such factor or factors did enter significantly into the layoff decision. If the hearing body finds that a prima facie case has not been established, the layoff decision shall be found to have been proper and the hearing shall be ended.

(6) If the hearing body finds that a prima facie case has been established, the appropriate administration officer for the operational area shall be entitled to present evidence to support the layoff decision, and, thereafter, the staff member may present evidence in rebuttal. Thereafter, on the basis of all the evidence presented, the hearing body shall make its determinations as follows:

(a) The hearing body shall first consider whether one or more of the above specified factors improperly entered into the decision to layoff. Unless the body is convinced that such factor or factors did improperly enter into that decision, the body shall find the decision to have been proper;

(b) If the hearing body is convinced that such factor or factors entered into the decision to layoff, then the body shall find that decision to be improper, unless the body is also convinced 1) that there was a bona fide program or budgetary reason(s), and that the determination of such reason(s) was made in the manner prescribed by, and in accordance with, the standards established by the institution; and 2) that the decision to layoff the particular academic staff member was in accordance with the provisions of s. UWS 12.03.

(7) In determining whether a bona fide budgetary or program reason existed for layoff of the appointment of the academic staff member concerned, the hearing body shall presume that the decision to curtail the program was made in good faith and for proper reasons. The hearing body shall not substitute its judgment or priorities for that of the administration.

(8) If the hearing body finds that the layoff was improper, it shall report this decision and its recommendation to the chancellor and to the staff member. The chancellor shall review the matter, decide whether the staff member should be laid off, and notify the hearing body and academic staff member of the decision. This decision shall be deemed final unless the board, upon request of the academic staff member, grants review based on the record.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75, correction in (2) (f), made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617; correction in (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register August 2025 No. 836.

Wis. Admin. Code § UWS 12.06 Review for fixed term and probationary academic staff members {#sec-uws-12.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.06}

Each institution shall establish procedures for an impartial review of the layoffs for reasons of budget or program of academic staff members with fixed term and probationary appointments. Nonrenewal is not a layoff under this section.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 12.07 Layoff status {#sec-uws-12.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.07}

(1) An academic staff member whose position has been eliminated according to the provisions of this chapter may, at the end of the appropriate notice period, be placed on layoff status, unless the layoff notice has been rescinded prior to that time. The academic staff member whose notice period has expired, and who is placed on layoff status shall remain on layoff status until,

(a) For fixed term and probationary appointee, one of the following occurs:

The appointment expires under its own terms;
The staff member fails to accept an alternate appointment.

(b) For academic staff on indefinite appointment one of the following occurs:

The staff member is reappointed to the position from which laid off. Failure to accept such reappointment would terminate the academic staff member’s association with the institution;
The staff member accepts an alternative continuing position in the institution. Failure to accept an alternate appointment would not terminate the academic staff member’s association with the institution;
The staff member resigns;
The staff member fails to notify the chancellor or his/her designee not later than December 1, of each year while on layoff status, as to his/her location, employment status, and desire to remain on layoff status. Failure to provide such notice of desire to remain on layoff status shall terminate the academic staff member’s association with the institution;
A period of 3 years lapses.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 12.08 Alternative employment {#sec-uws-12.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.08}

Each institution shall devote its best efforts to securing alternative appointments within the institution in positions for which staff laid off under this chapter are qualified under existing criteria. Each institution should seek to provide financial assistance for academic staff members who have indefinite appointments and who are to be laid off to readapt within the operational area or within another operational area of the institution where such readaptation is feasible within one year’s time. Further, the University of Wisconsin System shall devote its best efforts to insure that such staff members laid off in any institution shall be made aware of openings within the system.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 12.09 Reappointment rights {#sec-uws-12.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.09}

Each institution shall establish administrative procedures and policies to insure compliance with s. 36.21, Stats., in providing that where layoffs occur for reasons of budget or program, no person may be employed in that operational area at that institution within 3 years to perform reasonably comparable duties to those of the staff member laid off without first offering the laid off staff member on layoff status reappointment without loss of rights or status. In addition, an institution shall continue for 3 years from date of layoff to offer the reappointment rights stated in this section to a laid off fixed term appointee whose appointment has expired under its own terms if such appointee notified the chancellor or his/her designee by December 1 of each year, or more frequently if institutional policies and procedures require, as to his/her location, employment status, and desire to pursue reappointment rights. Failure to provide such notification shall terminate the academic staff member’s reappointment rights under this section.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 12.10 Retention of salary {#sec-uws-12.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.10}

Any academic staff member reappointed within 3 years after layoff to reasonably comparable duties within the operational area shall be reappointed with a salary rate at least equivalent to the salary rate when laid off, together with such other rights and privileges which may have accrued at that time.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Wis. Admin. Code § UWS 12.11 Rights of academic staff members on layoff {#sec-uws-12.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 12.11}

An academic staff member on layoff status in accord with the provisions of this chapter has the reemployment rights guaranteed by s. UWS 12.09 or 12.10, and has the following minimal rights:

(1) Such voluntary participation in fringe benefit programs as is permitted by institutional policies;

(2) Such continued use of campus facilities as is allowed by policies and procedures established by the institution; and

(3) Such participation in institutional activities as is allowed by the policies and procedures established by the institution.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75.

Chapter UWS 13 COMPLAINTS AND GRIEVANCES

Wis. Admin. Code § UWS 13.01 Complaints {#sec-uws-13.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 13.01}

Each institution shall establish policies and procedures to deal with allegations by persons other than the academic staff member’s supervisor(s), including administrators, students, other academic staff, faculty, university staff, or members of the public concerning conduct by an academic staff member which violates university rules or policies, or which adversely affects the staff member’s performance or obligation to the university but which allegations are not serious enough to warrant dismissal proceedings under ch. UWS 11. Such procedures shall include the designation of an individual or body with the power and authority to conduct a hearing on the complaint and to recommend solutions to the chancellor if the problem cannot be otherwise resolved.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; 2015 Wis. Act 330: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 13.02 Grievances {#sec-uws-13.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 13.02}

Each institution shall establish policies and procedures for adjudicating grievances involving members of the academic staff. Such procedures shall include the designation of an individual or body with the power and authority to investigate and to recommend solutions to the chancellor if the problem cannot be otherwise resolved.

History

Cr. Register. October, 1975, No. 238, eff. 11-1-75.

Chapter UWS 14 STUDENT ACADEMIC DISCIPLINARY PROCEDURES

Wis. Admin. Code § UWS 14.01 Statement of principles {#sec-uws-14.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.01}

The Board of Regents, administrators, faculty, academic staff and students of the University of Wisconsin System believe that academic honesty and integrity are fundamental to the mission of higher education and of the University of Wisconsin System. The university has a responsibility to promote academic honesty and integrity and to develop procedures to deal effectively with instances of academic dishonesty. Students are responsible for the honest completion and representation of their work, for the appropriate citation of sources, and for respect of others’ academic endeavors. Students who violate these standards must be confronted and must accept the consequences of their actions.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 14.02 Definitions {#sec-uws-14.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.02}

In this chapter:

(1) “Academic misconduct” means an act described in s. UWS 14.03.

(2) “Academic misconduct hearing committee” means the committee or hearing examiner appointed pursuant to s. UWS 14.15 to conduct hearings under s. UWS 14.08.

(3) “Chancellor” means the chancellor or designee.

(4) “Days” means calendar days.

(5) “Disciplinary file” means the record maintained by the student affairs officer responsible for student discipline.

(6) “Disciplinary probation” means a status in which a student may remain enrolled in the university only upon the condition that the student complies with specified standards of conduct for a specified period of time, not to exceed 2 semesters.

(7) “Disciplinary sanction” means any action listed in s. UWS 14.04 taken in response to student academic misconduct.

(8) “Expulsion” means termination of student status with resultant loss of all student rights and privileges.

(9) “Hearing examiner” means an individual appointed by the chancellor in accordance with s. UWS 14.15 for the purpose of conducting a hearing under s. UWS 14.08.

(10) “Institution” means any university or college, or organizational equivalent designated by the board.

(11) “Instructor” means the faculty member or instructional academic staff member who has responsibility for the overall conduct of a course and ultimate responsibility for the assignment of the grade for the course.

(12) “Investigating officer” means an individual, or his or her designee, appointed by the chancellor of each institution to carry out certain responsibilities in the course of investigations of academic misconduct under this chapter.

(13) “Student” means any person who is registered for study in an institution for the academic period in which the misconduct occurred.

(14) “Student affairs officer” means the dean of students or student affairs officer designated by the chancellor to carry out duties described in this chapter.

(15) “Suspension” means a loss of student status for a specified length of time, not to exceed 2 years, with resultant loss of all student rights and privileges.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330: am. (10) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 14.03 Academic misconduct subject to disciplinary action {#sec-uws-14.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.03}

(1) Academic misconduct is an act in which a student:

(a) Seeks to claim credit for the work or efforts of another without authorization or citation;

(b) Uses unauthorized materials or fabricated data in any academic exercise;

(d) Intentionally impedes or damages the academic work of others;

(e) Engages in conduct aimed at making false representation of a student’s academic performance; or

(f) Assists other students in any of these acts.

(2) Examples of academic misconduct include, but are not limited to: cheating on an examination; collaborating with others in work to be presented, contrary to the stated rules of the course; submitting a paper or assignment as one’s own work when a part or all of the paper or assignment is the work of another; submitting a paper or assignment that contains ideas or research of others without appropriately identifying the sources of those ideas; stealing examinations or course materials; submitting, if contrary to the rules of a course, work previously presented in another course; tampering with the laboratory experiment or computer program of another student; knowingly and intentionally assisting another student in any of the above, including assistance in an arrangement whereby any work, classroom performance, examination or other activity is submitted or performed by a person other than the student under whose name the work is submitted or performed.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.04 Disciplinary sanctions {#sec-uws-14.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.04}

(1) The following are the disciplinary sanctions that may be imposed for academic misconduct in accordance with the procedures of s. UWS 14.05, 14.06 or 14.07:

(a) An oral reprimand;

(b) A written reprimand presented only to the student;

(d) A lower or failing grade on the particular assignment or test;

(e) A lower grade in the course;

(f) A failing grade in the course;

(g) Removal of the student from the course in progress;

(h) A written reprimand to be included in the student’s disciplinary file;

(i) Disciplinary probation; or

(j) Suspension or expulsion from the university.

(2) One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of academic misconduct.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor {#sec-uws-14.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.05}

(1) Where an instructor concludes that a student enrolled in one of his or her courses has engaged in academic misconduct in the course, the instructor for that course may impose one or more of the following disciplinary sanctions, as listed under s. UWS 14.04 (1) (a) through (c):

(a) An oral reprimand;

(b) A written reprimand presented only to the student; or

(2) No disciplinary sanction may be imposed under this section unless the instructor promptly offers to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.

(3) A student who receives a disciplinary sanction under this section has the right to a hearing before the academic misconduct hearing committee under s. UWS 14.08 to contest the determination that academic misconduct occurred, or the disciplinary sanction imposed, or both. If the student desires such a hearing, he or she must file a written request with the student affairs officer within 10 days of imposition of the disciplinary sanction by the instructor.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct by the instructor {#sec-uws-14.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.06}

Where an instructor believes that a student enrolled in one of his or her courses has engaged in academic misconduct and the sanctions listed under s. UWS 14.04 (1) (a) through (c) are inadequate or inappropriate, the instructor may proceed in accordance with this section to impose, subject to hearing rights in s. UWS 14.08, one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h).

(1) Conference with student. When an instructor concludes that proceedings under this section are warranted, the instructor shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.

(2) Determination by the instructor that no academic misconduct occurred. If, as a result of a discussion under sub. (1), the instructor determines that academic misconduct did not in fact occur or that no disciplinary sanction is warranted under the circumstances, the matter will be considered resolved without the necessity for further action or a written report.

(3) Process following determination by the instructor that academic misconduct occurred.

(a) If, as a result of a discussion under sub. (1), the instructor determines that academic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h) should be recommended, the instructor shall prepare a written report so informing the student, which shall contain the following:

A description of the misconduct;
Specification of the sanction recommended;
Notice of the student’s right to request a hearing before the academic misconduct hearing committee; and
A copy of the institutional procedures adopted to implement this section.

(b) The written report shall be delivered personally to the student or be mailed to the student by regular first class United States mail at his or her current address, as maintained at the institution. In addition, copies of the report shall be provided to the institution’s student affairs officer and to others authorized by institutional procedures.

(c) A student who receives a written report under this section has the right to a hearing before the academic misconduct hearing committee under s. UWS 14.08 to contest the determination that academic misconduct occurred, or the choice of disciplinary sanction, or both. If the student desires the hearing before the academic misconduct hearing committee, the student must file a written request with the student affairs officer within 10 days of personal delivery or mailing of the written report. If the student does not request a hearing within this period, the determination of academic misconduct shall be regarded as final, and the disciplinary sanction recommended shall be imposed.

(4) Process following determination by the instructor that disciplinary probation, suspension or expulsion may be warranted.

(a) If, as a result of a discussion under sub. (1), the instructor determines that academic misconduct did occur and that disciplinary probation, suspension or expulsion under s. UWS 14.04 (1) (i) or (j) should be recommended, the instructor shall provide a written report to the investigating officer, which shall contain the following:

A description of the misconduct; and
Specification of the sanction recommended.

(b) Upon receipt of a report under this subsection, the investigating officer may proceed, in accordance with s. UWS 14.07, to impose a disciplinary sanction.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.07 Disciplinary sanction imposed following a report of academic misconduct by the investigating officer {#sec-uws-14.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.07}

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 14.04 (1) (g) through (j).

(1) Authority of investigating officer. The investigating officer may proceed in accordance with this section when he or she receives information that a student at the institution has engaged in alleged academic misconduct and:

(a) Some or all of the alleged academic misconduct occurred outside the scope of any course for which the involved student is currently registered;

(b) The involved student has previously engaged in academic misconduct subject to the disciplinary sanctions listed in s. UWS 14.04 (1) (d) through (j);

(c) The alleged misconduct would, if proved to have occurred, warrant a sanction of disciplinary probation, suspension or expulsion; or

(d) The instructor in the course is unable to proceed.

(2) Conference with student. When the investigating officer concludes that proceedings under this section are warranted, he or she shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the investigating officer to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.

(3) Conference with instructor. An investigating officer proceeding under this section shall discuss the matter with an involved instructor. This discussion may occur either before or after the conference with the student. It may include consultation with the instructor on the facts underlying the alleged academic misconduct and on the propriety of the recommended sanction.

(4) Determination by the investigating officer that no academic misconduct occurred. If, as a result of discussions under subs. (2) and (3), the investigating officer determines that academic misconduct did not in fact occur or that no disciplinary sanction is warranted under the circumstances, the matter will be considered resolved without the necessity for further action or a written report.

(5) Process following determination by the investigating officer that academic misconduct occurred.

(a) If, as a result of discussions under subs. (2) and (3), the investigating officer determines that academic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (g) through (j) should be recommended, the investigating officer shall prepare a written report so informing the student, which shall contain the following:

A description of the misconduct;
Specification of the sanction recommended;
Notice of the student’s right to a hearing before the academic misconduct hearing committee; and
A copy of the institutional procedures adopted to implement this section.

(b) The written report shall be delivered personally or by electronic means to the student or mailed to the student by regular first class United States mail at his or her current address, as maintained at the institution. In addition, a copy of the report shall be provided to the instructor and to the institution’s student affairs officer.

Except in cases where the disciplinary sanction recommended is disciplinary probation, suspension or expulsion, if the student desires the hearing before the academic misconduct hearing committee, the student must file a written request with the student affairs officer within 10 days of personal delivery or mailing of the written report. If the student does not request a hearing within this period, the determination of academic misconduct shall be regarded as final, and the disciplinary sanction recommended shall be imposed.
In cases where the disciplinary sanction recommended is disciplinary probation, suspension or expulsion, the student affairs officer shall, upon receipt of the written report under par. (b), proceed under s. UWS 14.08 to schedule a hearing on the matter. The purpose of the hearing shall be to review the determination that academic misconduct occurred and the disciplinary sanction recommended. A hearing will be conducted unless the student waives, in writing, the right to such a hearing.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330: am. (5) (b) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 14.08 Hearing {#sec-uws-14.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.08}

(1) If a student requests a hearing, or a hearing is required to be scheduled under s. UWS 14.07 (5) (c) 2., the student affairs officer shall take the necessary steps to convene the academic misconduct hearing committee and shall schedule the hearing within 10 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the student, instructor or investigating officer, and the members of the hearing committee.

(2) Reasonably in advance of the hearing, the committee shall obtain from the instructor or investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based, and shall provide a copy of ch. UWS 14 to the student.

(3) The hearing before the academic misconduct hearing committee shall be conducted in accordance with the following requirements:

(a) The student shall have the right to question adverse witnesses, the right to present evidence and witnesses, and to be heard in his or her own behalf, and the right to be accompanied by a representative of his or her choice.

(b) The hearing committee shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges.

(c) The hearing committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. Any party to the hearing may obtain copies of the record at his or her own expense. Upon a showing of indigency and legal need, a party may be provided a copy of the verbatim record of the testimony without charge.

(d) The hearing committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing.

(e) The hearing committee may find academic misconduct and impose a sanction of suspension or expulsion only if the proof of such misconduct is clear and convincing. In other cases, a finding of misconduct must be based on a preponderance of the credible evidence.

(f) The committee may impose a disciplinary sanction that differs from the recommendation of the instructor or investigating officer.

(g) The instructor or the investigating officer or both may be witnesses at the hearing conducted by the committee, but do not have responsibility for conducting the hearing.

(h) The decision of the hearing committee shall be served upon the student either by personal delivery, electronic means, or first class United States mail and shall become final within 10 days of service, unless an appeal is taken under s. UWS 14.09.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330: am. (3) (h) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 14.09 Appeal to the chancellor {#sec-uws-14.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.09}

(1) Where the sanction prescribed by the hearing committee is suspension or expulsion, the student may appeal to the chancellor to review the decision of the hearing committee on the record. In such a case, the chancellor shall sustain the decision of the academic misconduct hearing committee unless the chancellor finds:

(a) The evidence of record does not support the findings and recommendations of the hearing committee;

(b) Established procedures were not followed by the academic misconduct hearing committee and material prejudice to the student resulted; or

(2) If the chancellor makes a finding under sub. (1), the chancellor may remand the matter for consideration by a different hearing committee, or, in the alternative, may invoke an appropriate remedy of his or her own.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.10 Discretionary appeal to the Board of Regents {#sec-uws-14.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.10}

Institutional decisions under ss. UWS 14.05 through 14.09 shall be final, except that the Board of Regents may, at its discretion, grant a review upon the record.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 14.11 Settlement {#sec-uws-14.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.11}

The procedures set forth in this chapter do not preclude a student from agreeing that academic misconduct occurred and to the imposition of a sanction, after proper notice has been given. Required written reports, however, may not be waived.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.12 Effect of discipline within the university system {#sec-uws-14.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.12}

Suspension or expulsion shall be systemwide in effect.

(1) A student who is suspended or expelled from one institution in the University of Wisconsin System may not enroll in another institution in the system unless the suspension has expired by its own terms or one year has elapsed after the student has been suspended or expelled.

(2) Upon completion of a suspension period, a student may re-enroll in the institution which suspended him or her as if no suspension had been imposed.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330 s. 20: am. (1) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 14.13 Right to petition for readmission {#sec-uws-14.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.13}

A student who has been expelled may petition for readmission, and a student who has been suspended may petition for readmission prior to the expiration of the suspension period. The petition for readmission must be in writing and directed to the chancellor of the institution from which the student was suspended or expelled. The petition may not be filed before the expiration of one year from the date of the final determination in expulsion cases, or before the expiration of one-half of the suspension period in suspension cases. The chancellor shall, after consultation with elected representatives of the faculty, academic staff, and students, adopt procedures for determining whether such petitions will be granted or denied.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.14 Investigating officer {#sec-uws-14.14 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.14}

The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall designate an investigating officer or officers for student academic misconduct. The investigating officer shall have responsibility for investigating student academic misconduct and initiating procedures for academic misconduct under s. UWS 14.07. An investigating officer may also serve on the academic misconduct hearing committee for a case, if he or she has not otherwise been involved in the matter.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.15 Academic misconduct hearing committee: institutional option {#sec-uws-14.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.15}

The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student academic misconduct hearing committee or designation of a hearing examiner to fulfill the responsibilities of the academic misconduct hearing committee in this chapter.

(1) A student academic misconduct hearing committee shall consist of at least 3 persons, including a student or students, and the presiding officer shall be appointed by the chancellor. The presiding officer and at least one other member shall constitute a quorum at any hearing held pursuant to due notice.

(2) A hearing examiner shall be selected by the chancellor from the faculty and staff of the institution.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.16 Notice to students {#sec-uws-14.16 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.16}

Each institution shall publish and make freely available to students copies of ch. UWS 14 and any institutional policies implementing ch. UWS 14.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.17 Notice to instructors {#sec-uws-14.17 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.17}

Each institution shall adopt procedures to ensure that instructors are familiar with these policies. Each institution shall provide instructors with copies of ch. UWS 14 and any institutional policies implementing ch. UWS 14 upon employment with the university, and each department chair shall be provided such copies upon assuming the duties of the chair.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89.

Wis. Admin. Code § UWS 14.18 Consistent institutional policies {#sec-uws-14.18 omnilex-key=us-wi-regs-official--agency-uws--UWS 14.18}

Each institution is authorized to adopt policies consistent with this chapter. A copy of such policies shall be filed with the Board of Regents and the University of Wisconsin System office of academic affairs.

History

Cr. Register, February, 1989, No. 398, eff. 3-1-89; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Chapter UWS 15 LIMITED APPOINTMENTS

Wis. Admin. Code § UWS 15.01 Limited appointments {#sec-uws-15.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 15.01}

(1) A limited appointment under s. 36.17, Stats., is a special appointment to a designated administrative position. A person in this type of appointment serves at the pleasure of the authorized official who made the appointment. A member of the academic staff granted a limited appointment shall not lose existing rights to an academic staff appointment by accepting the limited appointment, and a member of the faculty granted a limited appointment shall not lose existing rights to a faculty appointment by accepting the limited appointment. Termination of a limited appointment is not a dismissal under ch. UWS 4 or 11 and is not otherwise appealable. Wherever possible 3 months’ notice of termination should be given if the appointee does not hold simultaneously another university appointment.

(2) Limited appointments apply to the following positions: president, senior vice president, provost, vice president, associate vice president, assistant vice president, chancellor, vice chancellor, associate chancellor, assistant to the chancellor, assistant chancellor, associate vice chancellor, assistant vice chancellor, college campus dean, secretary of the board, associate secretary of the board, assistant secretary of the board, trust officer and assistant trust officer, and such other administrative positions as the board, the president, or the chancellor determines at the time of the appointment.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; am. (1), Register, June, 1977, No. 258, eff. 7-1-77; 2015 Wis. Act 330: am. (2) Register April 2016 No. 724, eff. 5-1-16.

Chapter UWS 16 OTHER APPOINTMENTS

Wis. Admin. Code § UWS 16.01 Other appointments {#sec-uws-16.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 16.01}

The board may make or authorize appointments of specified terms for student assistants and employees in training, such as residents, interns, post-doctoral fellows or trainees or associates. Appointments made pursuant to this section shall not be subject to the provisions of s. 36.15, Stats., and chs. UWS 1 to 15. Policies and procedures for such appointments shall be determined as appropriate by the president or the chancellor of each institution after consultation with appropriate faculty and with appropriate student assistants and employees in training.

History

Cr. Register, October, 1975, No. 238, eff. 11-1-75; 2015 Wis. Act 330: am. Register April 2016 No. 724, eff. 5-1-16.

Chapter UWS 17 STUDENT NONACADEMIC DISCIPLINARY PROCEDURES

Subchapter I General

Wis. Admin. Code § UWS 17.01 Policy statement {#sec-uws-17.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.01}

The missions of the University of Wisconsin System and its individual institutions can be realized only if the university’s teaching, learning, research and service activities occur in living and learning environments that are safe and free from violence, harassment, fraud, theft, disruption and intimidation. In promoting such environments, the university has a responsibility to address student nonacademic misconduct; this responsibility is separate from and independent of any civil or criminal action resulting from a student’s conduct. This chapter defines nonacademic misconduct, provides university procedures for effectively addressing misconduct, and offers educational responses to misconduct. The University of Wisconsin System is committed to respecting students’ constitutional rights. Nothing in this chapter is intended to restrict students’ constitutional rights, including rights of freedom of speech or to peaceably assemble with others.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 17.02 Definitions {#sec-uws-17.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.02}

In this chapter:

(1) “Chief administrative officer” means the chancellor of an institution or the chancellor’s designees.

(2) “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.”

(2m) “Complainant” means any individual who is alleged to be the subject of sexual misconduct, as defined in s. UWS 17.151.

(2r) “Consent” means words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation in s. UWS 17.151. A person is unable to give consent if the person is in a state of incapacitation because of drugs, alcohol, physical or intellectual disability, or unconsciousness.

(3) “Days” means calendar days.

(4) “Delivered” means sent by electronic means to the student’s official university email address and, in addition, provided by any of the following methods:

(a) Given personally.

(b) Placed in the student’s official university mailbox.

(5) “Disciplinary file” means the record maintained by the student affairs officer responsible for student discipline.

(6) “Disciplinary probation” means a status in which a student may remain enrolled in the university only upon the condition that the student complies with specified standards of conduct or other requirements or restrictions on privileges, for a specified period of time, not to exceed two years.

(7) “Disciplinary sanction” means any action listed in s. UWS 17.085 (1) taken in response to student nonacademic misconduct.

(7m) “Education program or activity” means, for purposes of Title IX misconduct only, locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the relevant misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the university.

(8) “Expulsion” means termination of student status with resultant loss of all student rights and privileges.

(8m) “Formal Title IX complaint” means, for the purposes of Title IX misconduct only, a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against a student and requesting that the institution investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant shall be participating in or attempting to participate in an educational program or activity. A formal Title IX complaint may be filed in person, by mail, by electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.

(9) “Hearing examiner” means an individual, other than the investigating officer, appointed by the chief administrative officer in accordance with s. UWS 17.06 (2) for the purpose of conducting a hearing under s. UWS 17.12 or 17.153.

(9m) “Incapacitation” means the state of being unable to physically or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs. Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol or drugs affects a person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

(10) “Institution” means any university, or an organizational equivalent designated by the board.

(11) “Investigating officer” means an individual, or the individual’s designee, appointed by the chief administrative officer of each institution, to conduct investigations of nonacademic misconduct under this chapter.

(12) “Nonacademic misconduct hearing committee” or “committee” means the committee appointed pursuant to s. UWS 17.07 to conduct hearings under s. UWS 17.12 or 17.153.

(12m) “Party” refers to a respondent or complainant involved in a disciplinary procedure under subch. III.

(13) “Preponderance of the evidence” means information that would persuade a reasonable person that a proposition is more probably true than not true. It is a lower standard of proof than “clear and convincing evidence” and is the minimum standard for a finding of responsibility under this chapter.

(13m) “Respondent,” means any student who was registered for study in an institution for the academic period, or between academic periods for continuing students, when the misconduct occurred and has been reported to have violated s. UWS 17.09 or 17.151.

(14) “Student” means any person who is registered for study in an institution for the academic period in which the misconduct occurred, or between academic periods, for continuing students.

(15) “Student affairs officer” means the dean of students, student affairs officer, or other personnel designated by the chief administrative officer to coordinate disciplinary hearings and carry out duties described in this chapter.

(16) “Suspension” means a loss of student status for a specified length of time, not to exceed two years, with resultant loss of all student rights and privileges.

(17) “University lands” means all real property owned by, leased by, or otherwise subject to the control of the Board of Regents of the University of Wisconsin System.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330 s. 20: am. (17) Register April 2016 No. 724, eff. 5-1-16; CR 15-060: cr. (2m), (13m) Register June 2016 No. 726, eff. 7-1-16; correction in (2m), (13m) under 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 20-062: am. (1), (2m), cr. (2r), am. (7), cr. (7m), (8m), am. (9), cr. (9m), am. (10) to (12), cr. (12m), am. (13m), (15) Register May 2021 No. 785, eff. 6-1-21; correction in (8m), (12), (12m), (13m) made under s. 35.17, Stats., Register May 2021 No. 785; correction in (7m) made under s. 35.17, Stats., Register July 2021 No. 787.

Wis. Admin. Code § UWS 17.03 Consistent institutional policies {#sec-uws-17.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.03}

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 17.04 Notice to students {#sec-uws-17.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.04}

Each institution shall publish ch. UWS 17 on its website and shall make ch. UWS 17 and any institutional policies implementing ch. UWS 17 freely available to students through the website or other means.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 17.05 Designation of investigating officer {#sec-uws-17.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.05}

The chief administrative officer of each institution shall designate an investigating officer or officers for allegations of student nonacademic misconduct. The investigating officer shall investigate student nonacademic misconduct and initiate procedures for nonacademic misconduct under s. UWS 17.11 or 17.152. For allegations involving sexual misconduct, as defined in s. UWS 17.151, the Title IX Coordinator or designee shall serve as the investigating officer.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. Register May 2021 No. 785, eff. 6-1-21; correction made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 17.06 Nonacademic misconduct hearing examiner {#sec-uws-17.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.06}

(1) The chief administrative officer of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the designation of a student nonacademic misconduct hearing examiner to fulfill the responsibilities of the nonacademic misconduct hearing examiner in this chapter.

(2) A hearing examiner shall be selected by the chief administrative officer pursuant to the policies adopted under sub. (1).

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: am. (2) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.07 Nonacademic misconduct hearing committee {#sec-uws-17.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.07}

(1) The chief administrative officer of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student nonacademic misconduct hearing committee to fulfill the responsibilities of the nonacademic misconduct hearing committee in this chapter.

(2) A student nonacademic misconduct hearing committee shall consist of at least three persons, including at least one student, except that no such committee shall be constituted with a majority of members who are students. The presiding officer, who may be the hearing examiner designated pursuant to s. UWS 17.06, shall be appointed by the chief administrative officer. The presiding officer and at least one other member shall constitute a quorum at any hearing held pursuant to due notice.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: am. (2) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.08 Nonacademic misconduct occurring on or outside of university lands {#sec-uws-17.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.08}

(1) Misconduct on university lands. Except as provided in s. UWS 17.08 (2), the provisions contained in this chapter shall apply to the student conduct described in ss. UWS 17.09 and 17.151 that occurs on university lands or at university-sponsored events.

(2) Misconduct outside of university lands. The provisions contained in this chapter may apply to the student conduct described in ss. UWS 17.09 and 17.151 that occurs outside of university lands only when, in the judgment of the investigating officer, the conduct adversely affects a substantial university interest. In determining whether the conduct adversely affects a substantial university interest, the investigating officer shall consider whether the conduct meets one or more of the following conditions:

(a) The conduct constitutes or would constitute a serious criminal offense, regardless of the existence of any criminal proceedings.

(b) The conduct indicates that the student presented or may present a danger or threat to the health or safety of the student or others.

(c) The conduct demonstrates a pattern of behavior that seriously impairs the university’s ability to fulfill its teaching, research, or public service missions.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: am. (1), (2) (intro.), (b) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.085 Disciplinary sanctions {#sec-uws-17.085 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.085}

(1) The disciplinary sanctions that may be imposed for nonacademic misconduct, in accordance with the procedures of ss. UWS 17.11 to 17.13, and 17.152 to 17.154, are any of the following:

(a) A written reprimand.

(b) Denial of specified university privileges.

(d) Educational or service sanctions, including community service.

(e) Disciplinary probation.

(f) Imposition of reasonable terms and conditions on continued student status.

(g) Removal from a course in progress.

(h) Enrollment restrictions on a course or program.

(i) Suspension.

(j) Expulsion.

(2) One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of nonacademic misconduct.

(3) Disciplinary sanctions shall not include the termination or revocation of student financial aid; however, this shall not be interpreted as precluding the individual operation of rules or standards governing eligibility for student financial aid under which the imposition of a disciplinary sanction could result in disqualification of a student for financial aid.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 20-062: renum. from UWS 17.10 and am. (1) (intro.) Register May 2021 No. 785, eff. 6-1-21.

Subchapter II Procedures for Student Nonacademic Discipline in Nonsexual Misconduct Cases

Wis. Admin. Code § UWS 17.09 Conduct subject to disciplinary action {#sec-uws-17.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.09}

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.

(1) Dangerous conduct. Conduct that endangers or threatens the health or safety of oneself or another person.

(4) Harassment. Conduct defined in s. 947.013, Stats.

(5) Hazing. Conduct defined in s. 948.51, Stats.

(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.

(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.

(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.

(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.

(10) Misuse of computing resources. Conduct that involves any of the following:

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

(b) Use of university computing resources for unauthorized commercial purposes or personal gain.

(d) Breach of computer security, invasion of privacy, or unauthorized access to university computing resources.

(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.

(12) Violation of criminal law. Conduct that constitutes a criminal offense as defined by state or federal law.

(13) Serious and repeated violations of municipal law. Serious and repeated off-campus violations of municipal law.

(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.

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

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

(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.

History

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.

Wis. Admin. Code § UWS 17.11 Disciplinary procedure {#sec-uws-17.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.11}

(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.

(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.

(4) Process following determination by the investigating officer that nonacademic misconduct occurred.

(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:

A description of the alleged misconduct.
A description of all information available to the university regarding the alleged misconduct.
Specification of the sanction sought.
Notice of the respondent’s right to a hearing.
A copy of this chapter and of the institutional procedures adopted to implement this section.

(b) The written report shall be delivered to the respondent.

(c) A respondent who receives a written report under this section has the right to a hearing under s. UWS 17.12 to contest the determination that nonacademic misconduct occurred, the choice of disciplinary sanctions, or both.

Where the disciplinary sanction sought is one of those listed in s. UWS 17.085 (1) (a) to (g), and if the respondent desires a hearing, the respondent shall file a written request with the student affairs officer within 10 days of the date the written report is delivered to the respondent. If the respondent does not request a hearing within this period, the determination of nonacademic misconduct shall be regarded as final, and the disciplinary sanction sought shall be imposed.
Where the disciplinary sanction sought is one of those listed in s. UWS 17.085 (1) (h) to (j), the investigating officer shall forward a copy of the written report under par. (b) to the student affairs officer. The student affairs officer shall, upon receipt of the written report, proceed under s. UWS 17.12 to schedule a hearing on the matter. A hearing shall be conducted unless the respondent waives, in writing, the right to such a hearing.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; correction to (1) (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2009 No. 644; CR 15-060: am. (2), (3), (4) (a) 2., 4., (b), (c) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (1) to (3), (4) (a) (intro.), 2., (b), (c) 1., 2. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.12 Hearing {#sec-uws-17.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.12}

(1) A respondent who requests a hearing, or for whom a hearing is scheduled under s. UWS 17.11 (4) (c) 2., for conduct defined in s. UWS 17.09, shall have the right to decide whether the matter shall be heard by a hearing examiner or a hearing committee.

(2) If a respondent requests a hearing under s. UWS 17.11 (4) (c) 1., or a hearing is required to be scheduled under s. UWS 17.11 (4) (c) 2., the student affairs officer shall take the necessary steps to convene the hearing and shall schedule it within 15 days of receipt of the request or written report. The hearing shall be conducted within 45 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the respondent and investigating officer, or is ordered or permitted by the hearing examiner or committee.

(3) No less than 5 days in advance of the hearing, the hearing examiner or committee shall obtain from the investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based, and shall provide the respondent with access to or copies of the investigating officer’s explanation, together with any other materials provided to the hearing examiner or committee by the investigating officer, including any additional available information of the type described in s. UWS 17.11 (4) (a) 2.

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

(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 ch. UWS 17.

(b) The respondent shall have the right to question adverse witnesses, the right to present information and witnesses, the right to be heard on the respondent’s own behalf, and the right to be accompanied by an advisor of the respondent’s choice. The advisor may be a lawyer. In cases where the recommended disciplinary sanction is identified in s. UWS 17.085 (1) (a) to (h), the advisor may counsel the respondent but may not directly question adverse witnesses, present information or witnesses, or speak on behalf of the respondent except at the discretion of the hearing examiner or committee. In cases where the recommended disciplinary sanction is identified in s. UWS 17.085 (1) (i) or (j), or where the respondent has been charged with a crime in connection with the same conduct for which the disciplinary sanction is sought, the advisor may question adverse witnesses, present information and witnesses, and speak on behalf of the respondent. In accordance with the educational purposes of the hearing, the respondent is expected to respond on the respondent’s own behalf to questions asked of the respondent during the hearing.

Shall admit information that has reasonable value in proving the facts, but may exclude immaterial, irrelevant, or unduly repetitious testimony.
Shall observe recognized legal privileges.
May take reasonable steps to maintain order, and to adopt procedures for the questioning of a witness appropriate to the circumstances of that witness’s testimony, provided, however, whatever procedure is adopted, the respondent is allowed to effectively question the witness.

(d) The hearing examiner or committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. The respondent may access the record, except as may be precluded by applicable state or federal law.

(e) The hearing examiner or committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing.

(f) A hearing examiner’s or committee’s finding of nonacademic misconduct shall be based on one of the following:

Clear and convincing evidence, when the sanction to be imposed is one of those listed in s. UWS 17.085 (1) (h) to (j).
A preponderance of the evidence, when the sanction to be imposed is one of those listed in s. UWS 17.085 (1) (a) to (g).

(g) The hearing examiner or committee may impose one or more of the disciplinary sanctions listed in s. UWS 17.085 (1) (a) to (g) that differs from the recommendation of the investigating officer. Sanctions under s. UWS 17.085 (1) (h) to (j) may not be imposed unless previously recommended by the investigating officer.

(h) The hearing shall be conducted by the hearing examiner or committee, and the university’s case against the respondent shall be presented by the investigating officer or the investigating officer’s designee.

(i) The decision of the hearing examiner or committee shall be prepared within 14 days of the hearing, and delivered to the respondent, excluding information that may be precluded by state or federal law. The decision shall become final within 14 days of the date on the written decision unless an appeal is taken under s. UWS 17.13.

(j) If the respondent fails to appear at a schedule hearing and to proceed, the hearing examiner or committee may issue a decision based upon the information provided.

(k) Disciplinary hearings are subject to s. 19.85, Stats., Wisconsin Open Meetings of Governmental Bodies, and may be closed if the respondent requests a closed hearing or if the hearing examiner or committee determines it is necessary to hold a closed hearing. Deliberations of the committee shall be held in closed session, in accordance with s. 19.85, Stats. As such, proper notice and other applicable rules shall be followed.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. (1), (2), (3), (4) (b), (c) 3., (d), (f) 3., (h), (i), (j), (k) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (1), (3), (4) (b), (c) 3., (d), (f) 1., 2., r. (4) (f) 3., am. (4) (g) to (k) Register May 2021 No. 785, eff. 6-1-21; correction in (k) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 17.13 Appeal to the chancellor {#sec-uws-17.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.13}

(1) For conduct defined in s. UWS 17.09, where the sanction prescribed by the hearing examiner or committee is one of those listed in s. UWS 17.085 (1) (h) to (j), the respondent may appeal in writing to the chief administrative officer within 14 days of the date of the written decision to review the decision of the hearing examiner or committee, based upon the record.

(3) The chief administrative officer has 30 days from receipt of an appeal to respond and shall sustain the decision unless the chief administrative officer finds any of the following:

(a) The information in the record does not support the findings or decision.

(b) Appropriate procedures were not followed which resulted in material prejudice to the respondent.

(4) If the chief administrative officer makes a finding under sub. (3), the chief administrative officer may return the matter for consideration, or may invoke an appropriate remedy of the chief administrative officer’s own. The chief administrative officer’s decision shall be communicated to the respondent.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: renum. (1) (intro.) to (1) and am., r. (1) (a), (b), (c), r. and recr. (2), cr. (3), (4) Register June 2016 No. 726, eff. 7-1-16; correction in (2) (a), (b) under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register June 2016 No. 726; CR 20-062: am. (1), r. (2), am. (3) (b), (4) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.14 Discretionary appeal to the Board of Regents {#sec-uws-17.14 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.14}

For conduct defined in s. UWS 17.09, institutional decisions under ss. UWS 17.11 to 17.13 shall be final, except that the board of regents may, at its discretion, grant a review upon the record, upon written request submitted by the respondent within 14 days of the final institutional decision.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16; CR 15-060: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.15 Settlement {#sec-uws-17.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.15}

For conduct defined in s. UWS 17.09, the procedures set forth in this chapter allow the university and a respondent to enter into a settlement agreement regarding the alleged misconduct, after proper notice has been given. Any such agreement and its terms shall be in writing and signed by the respondent and the investigating officer or student affairs officer. The case is concluded when a copy of the signed agreement is delivered to the respondent.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. Register May 2021 No. 785, eff. 6-1-21.

Subchapter III Procedures for Student Nonacademic Discipline in Sexual Misconduct Cases

Wis. Admin. Code § UWS 17.151 Sexual misconduct subject to disciplinary action under ss. UWS 17.152 to 17.156 {#sec-uws-17.151 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.151}

(1) Sexual harassment. Conduct on the basis of sex that satisfies any of the following:

(a) Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in an education program or activity of the university that when using the legal “reasonable person” standard, is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity.

(b) Unwelcome conduct of a sexual nature directed towards an individual that, when using the legal “reasonable person” standard, is so severe or pervasive and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or participation in a university sponsored or supported activity.

(2) Sexual assault. An offense that meets any of the following definitions:

(a) Rape: The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.

(b) Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental incapacity.

(c) Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per s. 944.06, Stats.

(d) Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent as per s. 948.02, Stats.

(3) Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(4) Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a persons who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth individual who is protected from that person’s acts under the domestic or family violence laws of Wisconsin as per ss. 813.12 (1) (am) and 968.075, Stats.

(5) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.

(6) Sexual exploitation. Attempting, taking or threatening to take nonconsensual sexual advantage of another person. Examples include:

(a) Engaging in any of the following conduct without the knowledge and consent of all participants:

Observing, recording, or photographing private body parts or sexual activity of one or more complainants.
Allowing another person to observe, record, or photograph sexual activity or private body parts of one or more complainants.
Otherwise distributing recordings, photographs, or other images of the same of one or more complainants.

(b) Masturbating, touching one’s genitals, or exposing one’s genitals in complainant’s presence without the consent of complainant, or inducing another person to do the same.

(d) Inducing incapacitation through deception for the purpose of making another person vulnerable to non-consensual sexual activity.

(e) Coercing the complainant to engage in sexual activity for money or anything of value.

(f) Threatening distribution of any of the following, to coerce the complainant into sexual activity or providing money or anything of value:

Photos, videos, or recordings depicting private body parts or sexual activity of one or more persons.
Other information of a sexual nature, including sexual history or sexual orientation.

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.

Wis. Admin. Code § UWS 17.152 Sexual misconduct disciplinary procedure {#sec-uws-17.152 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.152}

(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:

(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.

(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.

(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:

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

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).
The alleged conduct occurred within a university “education program or activity,” as defined in s. UWS 17.02 (7m).
The alleged conduct occurred against the complainant while in the United States.
The complainant is participating in or attempting to participate in the university’s education program or activity at the time the complaint is filed.

(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:

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.
The respondent is no longer enrolled in the university.
Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal Title IX complaint or allegations therein.

(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).

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

(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:

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

The identities of the complainant and respondent involved in the incident, if known.
The conduct allegedly constituting sexual misconduct.
The date and location of alleged incident, if known.

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

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

(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.

(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.

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

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

(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.

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

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

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

(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.

(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.

(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.

(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:

(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.

(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.

(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:

(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.

(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.

History

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.

Wis. Admin. Code § UWS 17.153 Sexual misconduct hearing {#sec-uws-17.153 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.153}

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

(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.

(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).

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

(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.

Shall admit information that has reasonable value in proving the facts, but may exclude immaterial, irrelevant, or unduly repetitious testimony.
May not permit questions and evidence about the complainant’s sexual predisposition or prior sexual behavior unless:

a. Such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or

b. The questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

Shall observe recognized legal privileges including those described in s. UWS 17.152 (4) (e).
May take reasonable steps to maintain order and adopt procedures for the questioning of parties or witnesses appropriate to the circumstances of the testimony, provided the advisors for the complainant and respondent are allowed to effectively cross-examine any party or witness.

(5) The party’s advisors shall conduct cross examination directly, orally, and in real time by the party’s advisor. A party may not personally conduct cross examination. The following conditions shall apply:

(a) If a party does not have an advisor at the hearing to conduct cross-examination, the university shall provide someone, without fee or charge, who may or may not be an attorney, to conduct cross-examination.

(b) Before a party or witness answers a cross-examination or other question, the hearing examiner or committee shall first determine whether a question is relevant or not and explain any decision to exclude those questions as not relevant.

(c) The hearing examiner or committee may not draw an inference regarding responsibility based solely on a party’s or a witness’s absence from the hearing or refusal to answer cross-examination questions.

(d) At hearings involving Title IX misconduct, if a party or a witness does not submit to cross-examination at the hearing, then the hearing examiner or committee may not rely on any statement of that party or witness made prior to or during the hearing in reaching a determination regarding responsibility.

(6) If a party fails to appear at a scheduled hearing and to proceed, the hearing examiner or committee may issue a decision based upon the information provided except as described in sub. (5) (d).

(7) The hearing examiner or committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of all evidence presented at the hearing. The respondent and the complainant may access the record, except as may be precluded by applicable state or federal law.

(8) The hearing examiner or committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing, using the preponderance of the evidence standard. The written report shall include all of the following:

(a) Identification of the allegations potentially constituting sexual misconduct.

(b) A description of the procedural steps taken from the receipt of the initial complaint through the determination, including any notifications to the complainant and respondent, interviews with the complainant and respondent and witnesses, site visits, methods used to gather other evidence, and hearings held.

(d) Conclusions regarding the application of this chapter to the facts.

(e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility under this subchapter, including any Title IX misconduct, any disciplinary sanctions the university imposes on the respondent, and whether remedies designed to restore or preserve equal access to the university’s education program or activity shall be provided by the university to the complainant.

(f) One or more of the disciplinary sanctions listed in s. UWS 17.085 (1), if imposed by the hearing examiner or committee.

(g) Procedures and permissible bases for the complainant and respondent to appeal.

(9) The decision of the hearing examiner or committee shall be prepared within 14 days of the hearing, and delivered simultaneously to the respondent and the complainant, excluding information that may be precluded by state or federal law. If an appeal is filed, the decision regarding responsibility becomes final on the date the university provides the complainant and respondent with the written determination of the result of the appeal. If no appeal is filed, the decision regarding responsibility becomes final once the last date to appeal passes.

(10) Disciplinary hearings are subject to s. 19.85, Stats., Wisconsin Open Meetings of Governmental Bodies, and may be closed if the respondent or complainant requests a closed hearing or if the hearing examiner or committee determines it is necessary to hold a closed hearing. Deliberations of the committee shall be held in closed session, in accordance with s. 19.85, Stats. As such, proper notice and other applicable rules shall be followed.

History

CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (4) (a) made under s. 35.17, Stats., Register May 2021 No. 785.

Wis. Admin. Code § UWS 17.154 Appeal to the chancellor for sexual misconduct {#sec-uws-17.154 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.154}

(1) The respondent or complainant may appeal in writing to the chief administrative officer within 14 days of the date of the written decision for a review, based on the record, of the following:

(a) A dismissal of a formal Title IX complaint.

(b) The written decision of the hearing examiner or committee.

(2) The chief administrative officer has 30 days from receipt of an appeal to respond in writing simultaneously to both the complainant and respondent and shall sustain the decision unless the chief administrative officer finds any of the following:

(a) The information in the record does not support the findings or decision.

(b) A procedural irregularity affected the outcome of the matter.

(d) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter.

(e) The Title IX Coordinator, investigator, hearing examiner, or a member of the hearing committee had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(3) If the chief administrative officer makes a finding under sub. (2), the chief administrative officer may return the matter for consideration, or may invoke an appropriate remedy of their own. The chief administrative officer’s written decision describing the result of the appeal and the rationale for the result shall be communicated simultaneously to the respondent and complainant.

(4) When an appeal is filed, the chief administrative officer shall notify the other party in writing and give both the complainant and respondent a reasonable, equal opportunity to submit a written statement supporting or challenging the outcome.

History

CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.155 Discretionary appeal to the Board of Regents for sexual misconduct {#sec-uws-17.155 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.155}

University decisions under ss. UWS 17.152 to 17.154 shall be final, except that the board of regents may, at its discretion, grant a review upon the record, upon written request submitted by any party within 14 days of the final university decision. If the board of regents grants a review upon the record, it shall:

(1) Notify the other party in writing and give both the complainant and respondent a reasonable, equal opportunity to submit a written statement supporting or challenging the outcome.

(2) Issue a written decision describing the result of the appeal and the rationale for the result and provide the written decision simultaneously to both the complainant and respondent.

History

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

Wis. Admin. Code § UWS 17.156 Settlement for sexual misconduct {#sec-uws-17.156 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.156}

(1) The procedures set forth in this chapter allow the university, the respondent, and the complainant to voluntarily enter into a settlement agreement or informal resolution regarding the alleged misconduct, any time after the notice of investigation has been distributed to the complainant and respondent and prior to any final determination regarding responsibility. Any such agreement and its terms shall be in writing and signed by the complainant, respondent, and the Title IX Coordinator or designee except in any of the following circumstances:

(a) There is no identified complainant.

(b) The complainant has chosen not to participate in proceedings pursuant to this subchapter.

(2) In the circumstances described in sub. (1), the agreement and its terms may be signed by only the respondent and the Title IX Coordinator or designee. The case is concluded when a copy of the signed agreement is delivered to the complainant, if any, and respondent. At any time prior to agreeing to a resolution, either party has the right to withdraw from the settlement process and resume the process under ss. UWS 17.152 to 17.155.

History

CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21.

Subchapter IV Effect of Discipline, Petitions for Restoration, and Emergency Suspension

Wis. Admin. Code § UWS 17.16 Effect of discipline within the institution {#sec-uws-17.16 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.16}

A respondent who, at the time of commencement, is subject to a continuing disciplinary sanction under s. UWS 17.085 (1) or unresolved disciplinary charges as a result of a report under s. UWS 17.11 or 17.152, shall not be awarded a degree during the pendency of the sanction or disciplinary proceeding.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.17 Effect of suspension or expulsion within the university system {#sec-uws-17.17 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.17}

(1) Suspension or expulsion shall be systemwide in effect and shall be noted on an individual’s transcript, with suspension noted only for the duration of the suspension period.

(2) An individual who is suspended from one institution in the University of Wisconsin System may not enroll in another institution in the system until the suspension has expired by its own terms, except as provided in s. UWS 17.18.

(3) An individual who is expelled from one institution in the University of Wisconsin System may not enroll in another institution in the system, except as provided in s. UWS 17.18.

(4) An individual who is in a state of suspension or expulsion from the university under this chapter, or who leaves or withdraws from the university while under nonacademic misconduct charges under this chapter, may not be present on any campus without the written consent of the chief administrative officer of that campus.

(5) Upon completion of a suspension period, an individual who is academically eligible may re-enroll in the institution which suspended the individual, provided all conditions from previous disciplinary sanctions have been met.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. (2), (3), (4), (5) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. (5) Register May 2021 No. 785, eff. 6-1-21.

Wis. Admin. Code § UWS 17.18 Petition for restoration of rights after suspension or expulsion {#sec-uws-17.18 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.18}

A respondent who has been suspended may petition to have their student status, rights, and privileges restored before the suspension has expired by its own terms under s. UWS 17.17 (2). A respondent who has been expelled may petition for the right to apply for readmission. The petition shall be in writing and directed to the chief administrative officer of the institution from which the respondent was suspended or expelled or from a different University of Wisconsin institution to which the respondent seeks admission. The chief administrative officer shall make the readmission decision. In cases of sexual misconduct, the readmission decision shall be made in consultation with the Title IX Coordinator and reasonable attempts shall be made to notify the complainant of any change to the disciplinary outcome. If enrolled as a student at the time of the petition, the complainant shall be provided opportunity to respond to the petition prior to the readmission decision.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. Register June 2016 No. 726, eff. 7-1-16; CR 20-062: am. Register May 2021 No. 785, eff. 6-1-21; correction made under s. 35.17, Stats., Register September 2021 No. 789.

Wis. Admin. Code § UWS 17.19 Emergency suspension {#sec-uws-17.19 omnilex-key=us-wi-regs-official--agency-uws--UWS 17.19}

(1) The chief administrative officer may impose an emergency suspension on a respondent, pending final institutional action on a report of nonacademic misconduct, in accordance with the procedures of this section.

(2) The chief administrative officer of each institution may impose an emergency suspension on a respondent when all of the following conditions are met:

(a) The investigating officer has made a reasonable attempt to offer the respondent the opportunity for discussion, either in person or by telephone.

(b) The investigating officer recommends a sanction of suspension or expulsion.

(c) The chief administrative officer concludes, based on the available information, that the misconduct occurred and that the respondent’s continued presence on campus meets one or more of the following conditions:

Would constitute a potential for serious harm to the respondent.
Would constitute a potential for serious harm to others.
Would pose a threat of serious disruption of university-run or university-authorized activities.
Would constitute a potential for serious damage to university facilities or property.

(d) In cases of sexual misconduct as defined in s. UWS 17.151, the chief administrative officer makes reasonable attempts to consult with the complainant and offer protective measures.

(3) If the chief administrative officer determines that an emergency suspension is warranted under sub. (2), the chief administrative officer shall promptly have written notification of the emergency suspension delivered to the respondent. In cases of sexual misconduct, as defined in s. UWS 17.151, the written notification of the emergency suspension shall be delivered simultaneously to the complainant and the respondent. The chief administrative officer’s decision to impose an emergency suspension shall be effective immediately when delivered to the respondent and is final.

(4) Where an emergency suspension is imposed, the hearing on the underlying allegations of misconduct shall be held, either on or outside of university lands, within 21 days of the imposition of the emergency suspension, unless the respondent agrees to a later date.

(5) An emergency suspension imposed in accordance with this section shall be in effect until the decision in the hearing on the underlying charges pursuant to s. UWS 17.12 or 17.153 is rendered or the chief administrative officer rescinds the emergency suspension. In no case shall an emergency suspension remain in effect for longer than 30 days, unless the respondent agrees to a longer period.

(6) If the chief administrative officer determines that none of the conditions specified in sub. (2) (c) are present, but that misconduct may have occurred, the case shall proceed in accordance with s. UWS 17.12 or 17.153, as applicable.

History

CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09; CR 15-060: am. (1), (2) (intro.), (a), (c) (intro.), 1., (3), (4), (5) Register June 2016 No. 726, eff. 7-1-16; CR 20-062: cr. (2) (d), am. (3), (5), (6) Register May 2021 No. 785, eff. 6-1-21; correction in (6) made under s. 35.17, Stats., Register May 2021 No. 785.

Chapter UWS 18 CONDUCT ON UNIVERSITY LANDS

Wis. Admin. Code § UWS 18.01 Jurisdiction {#sec-uws-18.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.01}

These rules shall regulate conduct on all lands subject to the control of the Board of Regents of the University of Wisconsin System.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 18.02 Definitions {#sec-uws-18.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.02}

For purposes of this chapter:

(1) “Board of regents” or “board” means the Board of Regents of the University of Wisconsin System.

(2) “Building” means any structure, including stadia, on university lands.

(3) The “chief administrative officer” means the chancellor of an institution or dean of a campus or their designees.

(4) “Discharge pollutants into storm sewers” means placing pollutants or water containing pollutants into any storm sewer on or serving university lands.

(5) “Discharge pollutants to storm water” means placing pollutants onto university lands so that they are carried by storm water to waters of the state.

(6) “Pollutants” has the meaning described in s. 283.01 (13), Stats.

(7) “University lands” means all real property owned by, leased by, or otherwise subject to the control of the Board of Regents.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; cr. (5) to (7), Register, September, 1996, No. 489, eff. 10-1-96; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 08-099: renum. (1) to (7) to be (3), (7), (1), (2), (4), (5) and (6) and am. (7) Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330 s. 20: am. (1), (7)Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 18.03 Law enforcement {#sec-uws-18.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.03}

(1) The board may designate peace officers who are authorized to enforce these rules and regulations and to police all lands under the control of the board. These officers shall have all the powers provided in s. 36.11 (2), Stats., except where such powers are specifically limited or modified by the board. These officers may accept concurrent appointments as deputy sheriffs.

(2) Uniformed peace officers shall be identified by an appropriate shield or badge bearing the word “Police” and a number or name plate, which shall be conspicuously worn when enforcing this chapter. Peace officers assigned to non-uniformed duties shall identify themselves with an appropriate badge or police identification card when enforcing this chapter.

(3) Parking attendants are authorized to enforce the parking regulations in s. UWS 18.05.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. (2), Register, November, 1991, No. 431, eff. 12-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1991, No. 431.

Wis. Admin. Code § UWS 18.04 Traffic rules {#sec-uws-18.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.04}

(1) No person may operate any motor vehicle (self-propelled vehicle) on any roadway under the control of the board without a valid and current operator’s license issued under ch. 343, Stats., except a person exempt under the provisions of s. 343.05, Stats.

(2) No person may operate any motor vehicle on any roadway under the control of the regents unless the same has been properly registered as provided by ch. 341, Stats., unless exempt under the provisions of s. 341.05, Stats.

(3) All provisions of ch. 346, Stats., entitled “Rules of the Road,” which are applicable to highways as defined in s. 340.01 (22), Stats., and which are not in conflict with any specific provisions of these regulations, are hereby adopted for the regulation of all vehicular traffic, including bicycles, on all roadways, including those off-street areas designated as parking facilities, under the control of the board and are intended to apply with the same force and effect. All traffic shall obey the posted signs approved by the chief administrative officer regulating such traffic.

(4) All provisions of ch. 347, Stats., entitled “Equipment of Vehicles” which are applicable to highways as defined in s. 340.01 (22), Stats., are hereby adopted for the regulation of all vehicular traffic on the roadways under the control of the board and are intended to apply with the same force and effect, except those provisions of ch. 347, Stats., which conflict with specific provisions of these regulations.

(5) The chief administrative officer may require the registration of all student, faculty, or staff motor vehicles or bicycles on university lands under said officer’s jurisdiction and may limit or prohibit their use in designated areas during designated hours. Any person who violates institutional regulations promulgated under this subsection may be fined up to $25.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1991, No. 431; CR 08-099: am. (5) Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 18.05 Parking rules {#sec-uws-18.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.05}

(1) Parking is prohibited at all times on roads, drives and fire lanes traversing university lands, except that the chief administrative officer is authorized to establish parking areas, parking limits, and methods of parking on the lands under said officer’s jurisdiction, and may designate parking areas for specific groups at specific times, providing such areas are properly posted as parking areas. Parking in university parking facilities may be restricted or prohibited as required for reasons of maintenance and snow removal.

(2) Except as provided in sub. (3), parking in university parking areas shall be prohibited during posted times to persons other than those specifically assigned to those areas. Motor vehicles so assigned to any parking areas shall be identified by a valid parking permit affixed to the vehicle in a manner prescribed by the chief administrative officer.

(3)

(a) In order to provide parking in university parking facilities for patrons of public university events, motor vehicles may be permitted to park in facilities designated for this purpose by the chief administrative officer. Public events parking shall be for a limited time only, not exceeding 12 hours continuously, and appropriate fees may be established. Otherwise valid permits are voidable during this period.

(b) The chief administrative officer may establish visitor parking lots and set appropriate fees for parking in those lots.

(c) Unrestricted and unassigned parking areas for students, faculty, staff and visitors may be established by the chief administrative officer.

(4)

(a) Parking shall be prohibited at all times in areas which must be kept clear for the passage of fire apparatus. These areas shall be designated by standard signs reading “Fire Zone, No Parking at Any Time, Day or Night” or “Fire Lane, No Parking at Any Time, Day or Night.”

(b) Parking is prohibited at all times in areas which must be kept clear for vehicles to load and unload. These areas shall be designated by appropriate signs.

(5) Motor vehicles parked in a restricted parking area without a valid permit or motor vehicles parked in a fire zone, fire lane, loading zone, or no parking zone, and unlicensed or partially dismantled motor vehicles may, at the owner’s expense, be towed from the restricted parking areas and stored. Towed vehicles, if not claimed after notice to the owner, shall be considered abandoned and shall be disposed of as provided in s. 20.909 (1), Stats.

(6) Any person who violates any of the provisions of this section may be fined up to $200. Each institution shall establish a schedule of fines, which may include penalties for late payment.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. (6), Register, November, 1991, No. 431, eff. 12-1-91; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1991, No. 431.

Wis. Admin. Code § UWS 18.06 Protection of resources {#sec-uws-18.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.06}

(1) Prohibited acts; land. No person may remove any shrubs, vegetation, wood, timber, rocks, stone, earth, signs, fences, or other materials from university lands, unless authorized by the chief administrative officer.

(2) Prohibited acts; wildlife. No person may remove, destroy, or molest any bird, animal or fish life within the boundaries of university lands except as authorized by the chief administrative officer or except when this provision conflicts with a special order of the department of natural resources.

(3) Prohibited dumping; prohibited discharges to storm water.

(a) No person may dump or deposit any garbage, waste, hazardous material, rubbish, brush, earth or other debris or fill into any university dumpster or garbage receptacle or on any university lands unless authorized by the chief administrative officer.

(b) No person may discharge pollutants to storm water or storm sewers on or serving university lands, except where authorized by the chief administrative officer and in conformance with state law.

Note: Nothing in these rules precludes campus law enforcement officers from pursuing informal educational resolutions in lieu of prosecuting a citation in appropriate circumstances.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. (13), cr. (16m), Register, December, 1986, No. 372, eff. 1-1-87; reprinted to restore dropped copy in (13), Register, February, 1987, No. 374; am. (5), (10), (22) (b) and (d), (27) and (28), cr. (10) (b) and (d), (12) (d) and (29) to (41), Register, November, 1991, No. 431, eff. 12-1-91; correction in (7) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1991, No. 431; am. (1), Register, September, 1996, No. 489, eff. 10-1-96; corrections in (36) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; am. (14), (38) and (41), r. and recr. (11), (34) and (35) and cr. (33) (d) to (f) and (42) to (50), Register, August, 1998, No. 512, eff. 9-1-98; correction in (36) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 08-099: am. (title), renum. (1) to (3) to be (3), (1) and (2) and am., renum. (4) to (11) and (13) to (50) to be UWS 18.07, 18.08, 18.09, 18.10, 18.11 and 18.12, r. (12) Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 18.07 Use of campus facilities {#sec-uws-18.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.07}

(1) Access to roofs, service tunnels, and maintenance facilities prohibited. No person may climb into, out of, or onto any university building, service tunnels or maintenance facilities, or walk or climb upon any university building or roof, except when emergency access to a fire escape is necessary, for required maintenance, or when authorized by the chief administrative officer.

(2) Closing hours.

(a) Except as specifically provided in this code, the chief administrative officer may establish closing hours and closed periods for university lands, buildings, or portions thereof. These closing hours and closed periods shall be posted in at least one conspicuous place adjacent to or at the periphery of the area to be closed or, in the case of buildings, on the building.

(b) No person, unless authorized to be present during closed periods, may enter or remain within the designated university lands, buildings, or portions thereof during a closed period established under this section.

(c) For the purpose of par. (b), “person authorized to be present”means a person authorized to be present by an order issued pursuant to par. (a) or s. 36.35 (2), Stats.

(d) No person, except those authorized to be present after the posted closing hour, may enter or remain in any university arboretum or picnic area unless traversing those areas or on park roads at the times the roads are open to the public.

(3) Limited entrance. The chief administrative officer may, by posting appropriate signs, limit or prohibit entrance to university lands, or portions thereof, in order to maintain or preserve an instruction or research area.

(4) Picnicking and camping. No person may picnic or camp on university lands, except in those areas specifically designated as picnic or camping grounds, or as authorized by the chief administrative officer. No person may violate any rules and regulations for picnicking or camping established and posted by the chief administrative officer. For purposes of this subsection, camping shall include the pitching of tents or the overnight use of sleeping bags, blankets, makeshift shelters, motor homes, campers or camp trailers.

(5) Prohibitions on blocking entrances. No person may intentionally physically block or restrict entrance to or exit from any university building or portion thereof with intent to deny to others their right of ingress to, egress from, or use of the building.

(6) Restricted use of student centers or unions. No person, except members of the student center or union, university faculty and staff, invited guests, and university-sponsored conference groups, may use student center or union buildings and grounds except on occasions when, and in those areas where, the buildings or grounds are open to the general public.

(7) Structures. No person may place or erect any facility or structure upon university lands unless authorized by the chief administrative officer.

History

CR 08-099: (1) to (7) renum. from UWS 18.06 (9), (7), (6), (14), (24), (20), (15) and am. (1), (2), (3), (6), cr. (title) Register August 2009 No. 644, eff. 9-1-09; correction to (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2009 No. 644.

Wis. Admin. Code § UWS 18.08 Personal conduct prohibitions {#sec-uws-18.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.08}

(1) Animals.

(a) The presence of dogs, cats, and other pets is prohibited in all university buildings and in arboretums at all times except as authorized by the chief administrative officer. The chief administrative officer may also prohibit the presence of dogs, cats, and other pets on other designated university lands.

(b) The presence of dogs, cats and other pets is prohibited on all university lands not described in par. (a) unless the animal is on a leash which is physically controlled by the individual responsible for the animal, except as authorized by the chief administrative officer.

(c) The chief administrative officer may not grant the exceptions allowed under par. (a) and (b) in any outdoor area where food is being served or where animals are otherwise prohibited by signage.

(d) Any pet waste deposited on university lands shall be removed and properly disposed of by the individual responsible for the animal.

(e) Any individual found in violation of this subsection may have the animal for which they are responsible impounded and be subject to the penalty provisions in s. UWS 18.13.

(f) This section does not apply to police and service animals when those animals are working.

(2) Athletic events.

(a) No person may enter onto the playing surface of an officially sanctioned athletic event while the event is in progress without prior authorization from the chief administrative officer. An event is in progress from the time when teams, officials, trainers, support staff, or bands first reach the playing surface until the time when they have left.

(b) As used in this subsection, “playing surface” means that area on which the event is contested, together with the contiguous area used by teams, officials, trainers, and support staff.

(3) Bicycles. No person may park or store a bicycle in buildings, on sidewalks or driveways, or in motor vehicle parking spaces, except in areas designated for that purpose or in bicycle racks, or as authorized by university housing policies. Bicycles shall be parked so as not to obstruct free passage of vehicles and pedestrians. Bicycle riding is prohibited on university lands when and where the intent is to perform tricks or stunts and those tricks or stunts may result in injury to any person or cause damage to property.

(4) Deposit of human waste products. No person may deposit human waste products upon, nor urinate or defecate upon, any university lands or facilities other than into a toilet or other device designed and intended to be used to ultimately deposit such human waste products into a septic or sanitary sewer system.

(5) Improper use of university identification cards.

(a) No person may falsify, alter or duplicate, or request the unauthorized falsification, alteration or duplication, of a university identification card.

(b) No person may knowingly present a false, altered or duplicate university identification card with the intent that such card be relied upon by university employees, university agents, or state or local officials in connection with obtaining services, privileges or goods.

(c) No person may knowingly use or permit another person to use a university identification card for the purpose of making a false statement with respect to the identity of the user, and with the intent that such statement be relied upon by university employees or agents in connection with obtaining university services, privileges or goods.

(d) University officials may confiscate false, altered or duplicate university identification cards, or university identification cards used in violation of par. (c).

(6) Physical security compliance.

(a) No person may ignore, bypass, circumvent, damage, interfere with, or attempt to deceive by fraudulent means, any university authorized security measure or monitoring device, whether temporary or permanent, that is intended to prevent or limit access to, or enhance the security of, university lands, events, facilities or portions thereof.

(b) No person may duplicate, falsify or fraudulently obtain a university key or access control device, or make any unauthorized attempt to accomplish the same.

(c) No person who is authorized to possess a university key or access control device may transfer a university key or access control device to an unauthorized person, nor may any unauthorized person be in possession of a university key or access control device.

(d) Any university key or access control device in the possession of an unauthorized person may be confiscated by any authorized university official.

(7) Loitering.

(a) No minor person may loiter, idle, wander or play, either on foot or in or on any vehicle of any nature, on university lands between the hours of 11:00 p.m. and 5:00 a.m. on Sunday through Thursday, and the hours of midnight through 5:00 a.m. on Friday and Saturday, unless accompanied by a parent, guardian, or other adult person having care and custody of the minor.

(b) This subsection shall not apply to minors returning home from functions authorized by any school or religious organization and carrying proof of identification on their persons, or to currently enrolled university students.

(8) Misuse of parking services.

(a) No person may falsify, alter or duplicate or request the unauthorized falsification, alteration or duplication of any type of university parking permit.

(b) No person may knowingly display on a vehicle, or knowingly allow another person to display on a vehicle, a falsified, altered, duplicated, stolen, lost or found parking permit.

(c) No person may knowingly provide false information to any university employee or agent with the intent to obtain a valid university parking permit.

(9) Postings and signage.

(a) No person may erect, post or attach any notices, posters, pictures or any item of a similar nature in or on any building or upon other university lands except on regularly established bulletin boards, or as authorized by the provisions of this code or by the chief administrative officer.

(b) No person may fail to comply with a sign that reasonably conveys prohibited behavior and that has been approved and posted on university buildings or lands in compliance with the university’s formal process for posting signs. This subsection does not apply to traffic related offenses (ch. 346, Stats.).

(10) Recreational activities.

(a) No person may swim, fish, boat, snowmobile, ride horseback or use any type of all-terrain or off-road vehicle on university lands except in those areas and at times expressly designated by the chief administrative officer and denoted by official signs.

(b) No person may dock, moor, park, or store any boats, boating gear, snowmobiles, or similar equipment on university lands except under conditions specified by the chief administrative officer.

(11) Smoking.

(a) No person may smoke in any residence hall or other university-owned or university-leased student housing or in any location that is 25 feet or less from such residence hall or housing.

(b) No person may smoke in any nonresidential university building except in those areas designated for that purpose.

(12) Ticket scalping.

(a) Every ticket or other evidence of the right of entry to any amusement, game, contest, exhibition, event, or performance given by or under the auspices of the University of Wisconsin System, or an institution or college of the University of Wisconsin System, shall be considered a revocable license to the person to whom the ticket has been issued and shall be transferable only on the terms and conditions prescribed on the ticket or other evidence of the right of entry.

(b) No person may buy or sell a ticket or other evidence of the right of entry for more than the price printed upon the face of the ticket.

History

CR 08-099: (1) to (5), (7), (8), (9) (a), (10) and (11) (b) renum. from UWS 18.06 (5), (49), (8), (47), (32), (48), (44), (17), (19), (18) and am. (1), (3), (5) (b), (7) (b), (9) (title), (a) and (11) (b), cr. (title), (6), (9) (b) and (11) (a) Register August 2009 No. 644, eff. 9-1-09; 2015 Wis. Act 330: am. (12) (a) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 18.09 Alcohol and drug prohibitions {#sec-uws-18.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.09}

(1) Alcohol beverages.

(a) The use or possession of alcohol beverages is prohibited on all university premises, except in faculty and staff housing and as permitted by the chief administrative officer, subject to statutory age restrictions. The chief administrative officer may generally permit the use or possession of alcohol beverages by promulgating institutional regulations in consultation with appropriate staff and students, or in specific instances by written permission.

(b) No person may procure, sell, dispense or give away alcohol beverages to any person contrary to the provisions of ch. 125, Stats.

(c) In this subsection, “alcohol beverages” means fermented malt beverages and intoxicating liquors containing 0.5% or more of alcohol by volume.

(d) Notwithstanding s. UWS 18.14, institutional regulations developed pursuant to this subsection shall be reported to the president of the system for review and approval.

(2) Possession of drug paraphernalia.

(a) No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of ch. 961, Stats.

(b) In this subsection, the term “drug paraphernalia” has the meaning specified in s. 961.571 (1), Stats.; the term “controlled substance” has the meaning specified in s. 961.01 (4), Stats.; and the term “controlled substance analog” has the meaning specified in s. 961.01 (4m), Stats.

(c) In determining whether an object is drug paraphernalia under this subsection, the factors listed in s. 961.572, Stats., and all other legally relevant factors, shall be considered.

(3) Possession of marijuana.

(a) No person may intentionally use or possess marijuana on university lands, except when such use or possession is authorized under ch. 961, Stats., or is permitted under s. 961.34, Stats.

(b) In this subsection, the term “marijuana” has the meaning specified in s. 961.01 (14), Stats.

History

CR 08-099: (1), (2) and (3) renum. from UWS 18.06 (13), (35) and (36) and am. (1) (d), cr. (title) Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 18.10 Offenses against public safety {#sec-uws-18.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.10}

(1) Assaultive behavior.

(a) No person may intentionally strike, shove, hit, punch, kick or otherwise subject another person to physical contact or cause bodily harm without the consent of the person.

(b) This subsection shall not be applicable if the individuals involved have a relationship, as defined in s. 968.075 (1) (a), Stats., which requires a law enforcement officer to investigate the matter as a domestic abuse incident.

(2) Containers in spectator facilities. No person may carry or possess any disposable container within the confines of public areas in spectator facilities. As used in this subsection “disposable container” means any bottle, can, or other container designed or used for carrying liquids or solids, but does not include a personally owned container designed for reuse and originally sold or purchased exclusively as a refillable container. The provisions of this section shall not apply to containers used or supplied by authorized concessionaires who are required to dispense beverages to consumers in either paper or plastic containers.

(3) Dangerous weapons.

(a) No person may carry, possess or use any dangerous weapon on university lands or in university buildings or facilities, except with the written approval of the chief administrative officer or for law enforcement purposes.

(b) No person may display or portray as real any object that resembles a dangerous weapon on university lands or in university buildings or facilities, except with the written approval of the chief administrative officer.

(d) In this subsection, the term “dangerous weapon” has the meaning specified in s. 939.22 (10), Stats.

(4) Fire safety.

(a) No person may light, build or use, or cause another to light, build or use, any fires, including but not limited to burning candles, burning incense or gas or charcoal cooking appliances, on university lands or in university facilities except in such places as are established for these purposes and designated by the chief administrative officer.

(b) No person may handle burning material in a highly negligent manner. In this subsection, burning material is handled in a highly negligent manner if it is handled under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another’s property is created.

(d) No person may interfere with, tamper with or remove, without authorization, any smoke detector, fire extinguisher, fire hose, fire hydrant or other fire fighting equipment.

(e) No person may intentionally give a false fire alarm, whether by means of a fire alarm system or otherwise.

(f) No person may deface, remove, tamper with or obstruct from view any sign which has been posted to provide directions for fire or emergency exits from university facilities.

(g) No person may remain in any university facility or on university lands when an audible or visual fire alarm has been activated or upon being notified by fire fighting, law enforcement or security personnel to evacuate.

(5) Operation of a motor vehicle off roadways. No person shall operate an unauthorized motor vehicle or motorized device, including motorcycles, mopeds, motor scooters and self-balancing transportation devices, off designated roadways, paved or unpaved, or on service roads or pedestrian paths, regardless of the surface, on university lands. This subsection does not apply to motorized wheelchairs or other mobility devices which have the primary design function of assisting the physically challenged.

(6) Possession of fireworks.

(a) No person may possess or use fireworks on university lands without authorization from the chief administrative officer.

(b) In this subsection, the term “fireworks” has the meaning specified in s. 167.10 (1), Stats.

(7) Resisting or obstructing police officers.

(a) No person may knowingly resist or obstruct a university police officer while that officer is doing any act in an official capacity and with lawful authority.

(b) In this subsection, “obstruct” includes without limitation knowingly giving false information or knowingly placing physical evidence with the intent to mislead a university police officer in the performance of his or her duty.

(8) Play vehicles. No person may use a skateboard, roller skates, roller blades, in-line skates, or any similar wheeled devices, a toboggan, or a sled anywhere on university lands, except as designated by the chief administrative officer.

(9) Throwing hard objects. No person may, in a manner likely to cause physical harm or property damage, throw, drop, kick, hit or otherwise project any hard object, bottle, can, container, snowball or other item of a similar nature on university lands or within or from within university buildings or facilities.

History

CR 08-099: (1) to (9) renum. from UWS 18.06 (42), (26), (10), (11), (43), (40), (34), (29), (27) and am. (4) (d), (5), (7), (8), cr. (title) Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 18.11 Offenses against public peace and order {#sec-uws-18.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.11}

(1) Computer use.

(a) No person may, with intent to harass, annoy or offend another person, send a message to the person on an electronic mail or other computerized communication system and in that message use any obscene, lewd or profane language or suggest any lewd or lascivious act.

(b) No person may, with intent to harass, annoy or offend another person, send a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message use any obscene, lewd or profane language or suggest any lewd or lascivious act.

(c) No person may, with intent solely to harass another person, send repeated messages to the person on an electronic mail or other computerized communication system.

(d) No person may, with intent solely to harass another person, send repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.

(e) No person may, with intent to harass or annoy another person, send a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.

(f) No person may, while intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, send a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.

(g) No person may knowingly permit or direct another person to send a message prohibited by this subsection from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.

(2) Disorderly conduct. No person may engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance, in university buildings or on university lands.

(3) Improper use of telephones.

(a) No person may make or cause the telephone of another repeatedly to ring with intent to harass any person at the called number.

(b) No person may make repeated telephone calls, whether or not conversation ensues, with intent to harass any person at the called number.

(c) No person may intentionally use an emergency telephone in a university building or on university lands when the person knows or reasonably should know that no emergency exists.

(d) No person, with the intent to harass or offend, may telephone another and use any obscene, lewd or profane language or suggest any lewd or lascivious act.

(e) No person, with the intent to harass any person at the called number, may make a telephone call, whether or not conversation ensues, without disclosing his or her identity.

(f) No person may knowingly permit any telephone under his or her control to be used for any purpose prohibited by this subsection.

(4) Picketing, rallies, parades, demonstrations and other assemblies.

(a) In order to preserve the order which is necessary for the enjoyment of freedom by members of the university community, and in order to prevent activities which physically obstruct access to university lands or buildings and prevent the university from carrying on its instructional, research, public service, or administrative functions, any picketing, rally, parade, demonstration, other assembly, or congregation of spectators to such activity may be declared unlawful if its participants:

Intentionally gather or intentionally remain assembled outside any university building in such numbers, in such proximity to each other or in such fashion as to physically hinder entrance to, exit from, or normal use of the building.
Intentionally congregate or assemble within any university building in such fashion as to obstruct or seriously impair university-sponsored or university-authorized activities, or in such fashion as to violate any of the following conditions:

a. No group may be admitted into the private office of any faculty member or other university employee unless invited by the authorized occupant of that office, and then not in excess of the number designated or invited by that person.

b. No group may obstruct or seriously impair passage through corridors, stairways, doorways, building entrances, fire exits, and reception areas leading to offices.

c. No group, not authorized to do so by the person in immediate charge of the room, or by a person designated by the chief administrative officer to approve requests for the use of rooms for meetings, may enter or occupy any university building or part thereof.

d. No group may assemble immediately outside rooms at times when they are normally in use for classes, study, or research.

e. No signs supported by standards or sticks shall be permitted in any assembly in a university building.

Intentionally create a volume of noise that unreasonably interferes with university-sponsored or university-authorized activities.
Intentionally employ force or violence, or intentionally constitute an immediate threat of force or violence, against members of the university community or university property.

(b) For the purpose of par. (a), “intentionally” means that the participant or spectator knew or reasonably should have known that his/her conduct by itself or in conjunction with the conduct of others would have the prohibited effect.

(c) The chief administrative officer may designate a university official or officials who shall have primary authority to implement par. (a). He/she may prescribe limitations for any picketing, rally, parade, demonstration or other assembly in order that it will meet the requirements of par. (a). When informed of any picketing, rally, parade, demonstration, or other assembly which may not comply with par. (a), the chief administrative officer or the designee may proceed immediately to the site and determine if there is compliance with par. (a). If he/she finds a violation of par. (a), he/she may declare the assembly unlawful or he/she may prescribe those limitations on numbers, location or spacing of participants in the demonstration which are reasonably necessary to ensure compliance with par. (a). If he/she prescribes limitations, and if his/her limitations are not observed by the assembly, he/she may then declare the assembly unlawful. Any declaration of illegality or prescription of limitations shall be effective and binding upon the participants in the assembly unless and until modified or reversed.

(d) Any participant or spectator within the group constituting an unlawful assembly who intentionally fails or refuses to withdraw from the assembly after it has been declared unlawful under this section shall be subject to immediate arrest and liable to the penalties of s. UWS 18.13.

(5) Sound-amplifying equipment.

(a) In order to permit the use of sound-amplifying equipment on university lands, if needed for the dissemination of ideas to large audiences, but to prevent its use from interfering with university functions which inherently require quiet, the following provisions shall apply:

No person may use sound-amplifying equipment on any lands without the permission of the chief administrative officer, except as provided in par. (b).
In granting or denying permission, the following principles shall govern:

a. Except in extraordinary circumstances, permission may be granted to use the equipment only during the following hours, 12 noon to 1:30 p.m. and 5:00 p.m. to 7:00 p.m. every day, and only when the equipment is more than 50 feet from and directed away from any classroom building, residence hall, library or building being used as a study hall.

b. An applicant for permission shall have the burden of establishing the need for amplification to communicate with the anticipated audience. In particular, the applicant must show that the audience can reasonably be anticipated to include at least 250 people.

c. An applicant for permission shall have the burden of establishing that the volume and direction of the sound from the equipment will minimize interference with other activities.

Any request for the permission required by this section must be submitted in writing to the chief administrative officer at least 24 hours prior to the intended use of the sound-amplifying equipment and must be signed by a student or employee of the institution where the equipment is to be used. The request shall contain:

a. The proposed hours, date and location where the equipment is to be used.

b. The size of the anticipated audience and the reasons why the equipment is needed.

c. A description of the proposed equipment which includes the manufacturer, model number, and wattage.

d. The names of the owner of the equipment and of any person or persons, in addition to the person signing the application, who will be responsible for seeing that the equipment is operated in compliance with the terms of the permit and the provisions of this rule. The chief administrative officer may require the presence of additional persons if said officer believes this is necessary to ensure compliance.

(b) Permits issued by the chief administrative officer shall not be required for the use of university sound-amplifying equipment used with the permission of the university employee having control of the equipment for authorized university classes, research, or meetings in university buildings, or for university sponsored academic, recreational or athletic activities, or for crowd control by authorized university officials.

(c) For the purpose of this section, “sound-amplifying equipment” means any device or machine which is capable of amplifying sound and capable of delivering an electrical input of one or more watts to the loudspeaker.

(6) Persons prohibited from entering university buildings.

(a) University buildings and the university-authorized activities that occur therein are primarily dedicated to the support of the university mission of teaching, research and service. No person may be present in any university building if his or her presence or behavior interferes with this purpose or with the university’s administrative operations, is in violation of a university policy, rule, regulation or any other provision of this chapter, or is without the consent of an authorized university official or faculty member.

(b) Persons present in any class, lecture, laboratory, orientation, examination, or other instructional session shall be enrolled and in good standing or shall have the consent of an authorized university official or faculty member to be considered legally present.

(7) Persons prohibited from entering university lands.

(a) No person, who is in a state of suspension or expulsion from the university under ch. UWS 17, or who takes leave or resigns under charges after being charged by the university under ch. UWS 17, may enter the university lands of any institution without the written consent of the chief administrative officer.

(b) No person who is convicted of any crime involving danger to property or persons as a result of conduct by him or her on university lands may enter any university lands within 2 years of the effective date of his or her conviction without the written consent of the chief administrative officer.

(c) In granting or denying consent to enter a campus under s. 36.35 (3), Stats., or par. (a) or (b), the following shall be considered:

The probability that the offensive conduct will be continued or repeated by the applicant.
The need for the applicant to enter university lands, for example, to attend a university disciplinary hearing in which the applicant is being tried or is to be a witness, or to receive treatment in university hospitals.

(d) No person who has been determined to have committed serious or repeated violations of ss. UWS 18.06 to 18.12 and to whom the chief administrative officer has issued a written order prohibiting entry on university lands may enter the university lands of that institution.

(e) The provisions of this section in no way limit the chief administrative officer from issuing a written order barring any person from entering the university lands of that institution in accordance with the chief administrative officer’s responsibility for the health, safety, and welfare of the university.

(f) For the purposes of s. 36.35 (3), Stats., and par. (b), “crime involving danger to property or persons” shall mean any crime defined in ch. 940, Stats. (crimes against life and bodily security); s. 941.12, Stats. (interfering with fire fighting); s. 941.13, Stats. (false alarms); s. 941.20, Stats. (endangering safety by use of dangerous weapon); s. 941.21, Stats. (disarming a peace officer); s. 941.23, Stats. (carrying concealed weapon); s. 941.235, Stats. (carrying firearm in public building); s. 941.24, Stats. (possession of switchblade knife); s. 941.26, Stats. (machine guns and other weapons); s. 941.28, Stats. (possession of short-barreled shotgun or short-barreled rifle); s. 941.29, Stats. (possession of firearm); s. 941.295, Stats. (possession of electric weapon); s. 941.30, Stats. (recklessly endangering safety); s. 941.32, Stats. (administering dangerous or stupefying drug); s. 941.37, Stats. (obstructing emergency or rescue personnel); s. 943.01, Stats. (criminal damage to property); s. 943.02, Stats. (arson of buildings; damage of property by explosives); s. 943.03, Stats. (arson of property other than building); s. 943.05, Stats. (placing of combustible materials an attempt); s. 943.06, Stats. (Molotov cocktails); s. 943.10, Stats. (burglary); s. 943.11, Stats. (entry into locked vehicle); s. 943.14, Stats. (criminal trespass to dwellings); s. 943.32, Stats. (robbery); s. 944.20, Stats. (lewd and lascivious behavior); s. 946.41, Stats. (resisting or obstructing officer); s. 947.015, Stats. (bomb scares); s. 167.10, Stats. (fireworks regulated); or attempts to commit any of the above crimes as defined in s. 939.32, Stats.

Note: Section 941.24, Stats., was repealed by 2015 Wis. Act 149.

(8) Selling, peddling and soliciting. No person may sell, peddle or solicit for the sale of goods, services, or contributions on any university lands except in the case of:

(a) Specific permission in advance from a specific university office or the occupant of a university house, apartment, or residence hall for a person engaged in that activity to come to that particular office, house, apartment, or residence hall for that purpose.

(b) Sales by an individual of personal property owned or acquired by the seller primarily for his/her own use pursuant to an allocation of space for that purpose by an authorized university official.

(d) Subscription, membership, ticket sales solicitation, fund-raising, selling, and soliciting activities by or under the sponsorship of a university or registered student organization pursuant to a contract with the university for the allocation or rental of space for that purpose.

(e) Admission events in a university building pursuant to contract with the university, and food, beverage or other concessions conducted pursuant to a contract with the university.

(f) Solicitation of political contributions under ch. 11, Stats., and institutional regulations governing time, place and manner.

(9) Campaigning in state-owned residence halls.

(a) The residence halls students of each institution, subject to the approval of the chief administrative officer, shall establish policies and procedures assuring that political literature may be distributed and political campaigning may be conducted in state-owned residence halls consistent with the rights of residence halls students, and prescribing the time, place and manner in which these activities may be conducted.

(b) Where appropriate and consistent with the rights of residence halls students, the policies and procedures developed under this subsection shall apply to all residence halls at an institution. Matters to be addressed in institutional policies and procedures shall include at least the following:

The hours of the day and the time of year, if any, to which particular activities shall be limited.
The locations in residence halls, if any, to which particular activities shall be limited.
Any requirement for registering or obtaining permission to enter a residence hall before engaging in a particular activity.

(c) Notwithstanding s. UWS 18.14, institutional policies and procedures developed pursuant to this subsection shall be reported to the Board of Regents for approval.

(d) Institutional policies and procedures developed pursuant to this subsection shall be available at each residence hall, at the office of each chief administrative officer of an institution, and at the office of the secretary to the Board of Regents.

History

CR 08-099: (1) to (7) (c), (f), (8) and (9) renum. from UWS 18.06 (46), (30), (33), (23), (25), (21), (22) (a) to (d), (16) and (16m) and am. (5) (a) 1., (6), (8) (intro.), (a), (c) and (9) (c), cr. (title), (7) (d) and (e) Register August 2009 No. 644, eff. 9-1-09; corrections in (4) (d), (6) (title) and (7) (title) made under s. 13.92 (4) (b) 2. and 7., Stats., Register August 2009 No. 644; 2015 Wis. Act 330 s. 20: am. (9) (c), (d) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 18.12 Property offenses {#sec-uws-18.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.12}

(1) Computer data, programs, equipment or supplies. No person may willfully, knowingly and without authorization do or attempt to do any of the following:

(a) Modify, destroy, access, take possession of or copy data, computer programs or supporting documentation;

(b) Disclose restricted access codes or other restricted access information to a person not authorized to possess such codes or information;

(d) Modify, destroy, use, take or damage any equipment or supplies used, or intended to be used, in a computer, computer system or computer network.

(e) Cause an interruption in service by submitting a message or multiple messages to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network.

(2) Fraud in university accommodations or eating places.

(a) No person may, after having received any food, lodging or other service or accommodation at any university housing facility or eating place, intentionally abscond without paying for it.

(b) No person may, while in any university housing or lodging facility or eating place, intentionally defraud the university or its employees or agents in charge of the facility or eating place, in any transaction arising out of the relationship as a user of the housing or lodging facility or eating place.

(c) In this subsection, prima facie evidence that the person intentionally absconded without paying for the food, lodging or other service or intentionally defrauded the university or its employees or agents has the meaning and includes the items of proof set forth in s. 943.21 (2), Stats.

(3) Issue of worthless check.

(a) No person may issue any check or other order for the payment of money in an amount not more than $2,500 which, at the time of issuance, he or she intends shall not be paid.

(b) In this subsection, prima facie evidence that the person, at the time he or she issued the check or other order for the payment of money, intended it should not be paid, has the meaning and includes the items of proof set forth in s. 943.24, Stats.

(c) This subsection does not apply to a postdated check or to a check given for past consideration, except a payroll check.

(4) Library materials.

(a) No person may intentionally take, carry away, transfer, conceal or retain possession of any library material without the consent of a library official, agent or employee and with the intent to deprive the library of possession of the material.

(b) The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library’s procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.

(5) Retail theft.

(a) No person may intentionally alter indicia of price or value of merchandise or take and carry away, transfer, conceal or retain possession of merchandise held for resale by a merchant, or property of the merchant, without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise.

(b) No person may intentionally remove a theft detection device from merchandise, or use a theft detection shielding device, without the merchant’s consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise.

(c) In this subsection, “merchant” includes any “merchant” as defined in s. 402.104 (3), Stats., and any vendor or bookstore authorized to sell in university buildings or on university lands.

(d) In this subsection, “theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant, and “theft detection shielding device” means any laminated or coated bag or device designed to shield such merchandise from detection by an electronic or magnetic theft alarm sensor.

(6) Theft.

(a) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of under $100, without consent and with the intent to deprive the owner permanently of such property.

(b) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of at least $100 but not more than $1,000, without consent and with the intent to deprive the owner permanently of such property.

(7) Use of cheating tokens. No person may obtain the property or services of another by depositing anything which he or she knows is not lawful money or is an unauthorized token in any receptacle used for the deposit of coins or tokens.

(8) Vandalism. No person may break, tear up, mar, destroy or deface any notice, tree, vine, shrub, flower or other vegetation, or dislocate any stones, or disfigure natural conditions, or deface, alter, destroy or damage in any way any other property, real or personal, within the boundaries of any university lands unless authorized by the chief administrative officer.

History

CR 08-099: (1) to (5) (a), (c), (6) to (8) renum. from UWS 18.06 (45), (38), (37), (50), (31) (a) and (b), (41), (39) and (4) and am. (3) (a) and (6) (b), cr. (title), (1) (e), (2) (c), (5) (b) and (d) Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 18.13 Penalties {#sec-uws-18.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.13}

Unless otherwise specified, the penalty for violating any of the rules in ss. UWS 18.06 to 18.12 shall be a forfeiture of not more than $500, as provided in s. 36.11 (1) (c), Stats.

Note: Violations of the rules in ss. UWS 18.06 to 18.12 will be processed in accordance with the citation procedure established in s. 778.25, Stats.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. Register, November, 1991, No. 431, eff. 12-1-91; CR 08-099: renum. from UWS 18.07 and am. Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 18.14 Institutional regulations {#sec-uws-18.14 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.14}

Institutional regulations promulgated under ss. UWS 18.04 to 18.12 shall take effect when filed with the secretary of the board.

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; CR 08-099: renum. from UWS 18.09 and am. Register August 2009 No. 644, eff. 9-1-09.

Wis. Admin. Code § UWS 18.15 Additional statutory penalty provisions regulating conduct on university lands {#sec-uws-18.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 18.15}

(1) Controlled substances. The use or possession of controlled substances as defined in s. 961.01 (4), Stats., is prohibited on all university property with the specific exemptions set forth in ch. 961, Stats., and as permitted under s. 961.34, Stats. The penalty provisions of ch. 961, Stats., and chs. UWS 17 and 18 may apply to violations occurring on university lands.

(2) Student convicted of dangerous and obstructive crime. Section 36.35 (3), Stats., provides: “Any person who is convicted of any crime involving danger to property or persons as a result of conduct by him which obstructs or seriously impairs activities run or authorized by an institution and who, as a result of such conduct, is in a state of suspension or expulsion from the institution, and who enters property of that institution without permission of the chancellor of the institution or the chancellor’s designee within 2 years, may for each such offense be fined not more than $500 or imprisoned not more than 6 months, or both.”

History

Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. (1), Register, November, 1991, No. 431, eff. 12-1-91; correction in (2) made under s. 13.93 (2m) (b) 7, Stats., Register, November, 1991, No. 431; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 08-099: renum. from UWS 18.10 and am. Register August 2009 No. 644, eff. 9-1-09.

Chapter UWS 19 SICK LEAVE

Wis. Admin. Code § UWS 19.01 Definition {#sec-uws-19.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 19.01}

Sick leave refers to absences of faculty, academic staff and limited appointees of the University of Wisconsin System due to personal illness, injury, disability or pregnancy as well as attendance on a member of the immediate family of the employee whose condition or death requires the employee’s direct care, if such absences are being charged against the employee’s accumulated sick leave credits.

History

Cr. Register, February, 1976, No. 242, eff. 3-1-76; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 19.02 Persons who earn sick leave {#sec-uws-19.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 19.02}

(1) Eligibility.

(a) All faculty, academic staff, and limited appointees as defined in s. UWS 15.01 (2), shall earn sick leave while in pay status, unless the following conditions apply:

The employee is not expected to work at least one-third of what is considered full-time employment, or
The employee’s expected duration of employment is less than one year.

(b) An employee who is not expected to work at least one-third of what is considered full-time employment shall earn sick leave under par. (a) if he or she is subsequently employed within the University of Wisconsin System for at least one year for at least one-third of what is considered full-time employment during the immediately preceding 12-month period.

(c) Any employee who becomes eligible to earn sick leave under par. (a) shall continue to be eligible to earn sick leave, notwithstanding the requirements of par. (a), unless his or her employment within the University of Wisconsin System is terminated for 12 or more consecutive calendar months or unless the employee receives a benefit that would have the effect of closing his or her retirement account under s. 40.25, Stats.

(d) In this subsection, “one-third of what is considered full-time employment” means employment within the University of Wisconsin System with the expectation that there will be at least 440 hours of actual performance of duty during an annual earnings period.

(2) Accrual of sick leave.

(a) As of March 1, 1976, each employee’s account shall reflect the accrued balance of unused sick leave earned under the Board of Regents’ sick leave policy adopted on June 8, 1973.

(b) Employees whose initial appointments are for 9 months or more shall be credited with 22 working days of sick leave which they may draw upon as required consistent with s. UWS 19.01.

(c) In addition to sick leave credited under par. (b), after 1.5 years of service, each employee shall earn additional nonlapsing sick leave at the rate of 1 day per month for persons holding annual basis appointments and at the rate of 6 days per semester or 4 days per quarter for persons who hold academic year basis appointments, with a maximum annual accumulation limited to not more than 12 days.

(d) Unused sick leave shall accumulate from year to year in the employee’s sick leave account pursuant to s. 36.30, Stats.

(e) An employee utilizing paid sick leave shall continue to accumulate sick leave credits during the period of the sick leave absence.

(f) An employee does not accumulate sick leave credits while on an unpaid leave of absence.

(g) Part-time employees have an initial entitlement, earn and are charged sick leave in the same proportion as their appointment bears to a full-time appointment.

Note: Consistent with general leave accounting principles within the UW system, the reference to “year” in this section refers to the academic year for academic year-basis appointees, and to the fiscal year for annual basis appointees.

History

Cr. Register, February, 1976, No. 242, eff. 3-1-76; am. (1) (intro.), (2) (c) and (f), cr. (1) (a) to (d), Register, May, 1992, No. 437, eff. 6-1-92; correction in (2) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; 2015 Wis. Act 330 s. 20: am. (1) (b) to (d), (2) (a) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 19.03 Cancellation and reinstatement {#sec-uws-19.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 19.03}

If the employee terminates employment with the University of Wisconsin System other than through retirement or death, unused sick leave shall be terminated but shall be reinstated if the employee is reappointed to any position within the system within 3 years.

History

Cr. Register, February, 1976, No. 242, eff. 3-1-76; am. Register, May, 1992, No. 437, eff. 6-1-92; 2015 Wis. Act 330 s. 20: am. Register May 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 19.05 Recording and use of sick leave {#sec-uws-19.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 19.05}

Each department or equivalent unit shall maintain records of each employee’s sick leave entitlement and use.

History

Cr. Register, February, 1976, No. 242, eff. 3-1-76.

Chapter UWS 20 NONRESIDENT TUITION DETERMINATION PROCEDURES AND APPEALS

Wis. Admin. Code § UWS 20.01 Minimum requirements {#sec-uws-20.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 20.01}

The chancellor of each institution in the University of Wisconsin System which classifies students for tuition purposes under s. 36.27 (2), Stats., shall develop and file with the secretary of the Board of Regents procedures for determination of classifications and provide for appeals from classifications of nonresidency which shall, at minimum, provide for the following:

(1) Designation of authorized personnel to make initial determinations of residency for tuition purposes;

(2) A mechanism for reconsideration of an initial determination of nonresidency when a petitioner has new or different information to present concerning resident status which was not available at the time of the initial determination or which was available but, for good reason shown, the petitioner did not know about at the time of the initial determination;

(3) A mechanism for appeal from an initial determination of nonresidency to a designated person or body at the institution;

(4) Appeal procedures, which shall include:

(a) A time limit of 14 calendar days for filing an appeal from date of notification of classification from the initial determination, or, if a reconsideration is requested, from the date of notification of that classification;

(b) Notice to the petitioner of the appeal hearing which shall:

Be served at least 10 days before the hearing date either by personal service, electronic means, or mailing;
Specify the time and place of the hearing and the body or person hearing the appeal; and
State that the hearing is a class 3 proceeding under ch. 227, Stats., is for the purpose of determining petitioner’s residency status for tuition purposes under the authority conferred on the Board of Regents of the University of Wisconsin System by s. 36.27, Stats., and is conducted under authority conferred on the institution by ch. UWS 20.

(d) A right of a petitioner to have assistance, including private legal counsel, in making a personal appearance at an appeal hearing;

(e) A time limit for issuing a written decision of 30 calendar days following the appeal hearing;

(f) Observing applicable statutory requirements concerning open and closed hearings;

(g) A stenographic, electronic or other record of the hearing. This record shall be transcribed and a copy of the written transcription provided to the petitioner at no cost in the event judicial review of the appeal decision is sought under ch. 227, Stats.; a copy of the written transcription shall otherwise be provided to the petitioner upon payment of a reasonable compensatory fee.

History

Cr. Register, March, 1980, No. 291, eff. 4-1-80; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, June, 1995, No. 474; 2015 Wis. Act 330 ss. 17, 20: am. (intro.), (4) (b) 1., 3. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 20.02 Finality of decisions {#sec-uws-20.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 20.02}

Decisions by the appeal person or body of an institution in the University of Wisconsin System concerning residence classification for tuition purposes shall be final in the University of Wisconsin System. The decisions shall note that it is subject to judicial review within 30 days after service of the decision, pursuant to s. 227.53, Stats.

History

Cr. Register, March, 1980, No. 291, eff. 4-1-80; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 20.03 Students transferring between institutions {#sec-uws-20.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 20.03}

A decision that a student is a resident for tuition purposes at one institution in the University of Wisconsin System shall require that the student be treated as a resident for tuition purposes in other institutions in the University of Wisconsin System, if the student transfers to another institution in the University of Wisconsin System and has maintained substantially the same determining factors.

History

Cr. Register, March, 1980, No. 291, eff. 4-1-80; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Chapter UWS 21 USE OF UNIVERSITY FACILITIES

Wis. Admin. Code § UWS 21.01 Declaration of policy {#sec-uws-21.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 21.01}

It is the policy of the Board of Regents that the facilities of the university are to be used primarily for purposes of fulfilling the university’s missions of teaching, research and public service. University facilities are not available for unrestricted use for other purposes. In order to preserve and enhance the primary functions of university facilities, the Board of Regents adopts this chapter to govern the use of university facilities.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; 2015 Wis. Act 330 a. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 21.02 Definitions {#sec-uws-21.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 21.02}

In this chapter:

(1) “Board of Regents” or “board” has the meaning given under s. UWS 1.02.

(2) “Chancellor” means the chief executive officer of an institution.

(3) “Facilities” or “university facilities” means the publicly owned or leased buildings and grounds which are subject to the custody and control of the board.

(4) “Institution” has the meaning given under s. UWS 1.06.

(5) “Organization associated with an institution” means that an organization is an officially recognized staff or student group, or an administrative or academic unit, or a state agency.

(6) “Staff” means all employes of the University of Wisconsin System.

(7) “Student” means any person who is registered for study in an institution of the University of Wisconsin System for the current academic period.

(8) “University” has the meaning given under s. UWS 1.07.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; 2015 Wis. Act 330 ss. 18, 20: am. (1), (2), (6), (7) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 21.03 Use of facilities by organizations associated with an institution {#sec-uws-21.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 21.03}

(1) The chancellor of each institution, or his or her designee, shall permit organizations associated with that institution to use university facilities for events for staff and students, if he or she determines that:

(a) The proposed use will not interfere with or detract from the teaching, research and public service missions of the institution;

(b) The institution has appropriate facilities available for the proposed use; and

(2) The chancellor of each institution, or his or her designee, may permit organizations associated with that institution to use university facilities for public events if he or she determines that:

(a) The proposed use will not interfere with or detract from the teaching, research and public service missions of the institution;

(b) The institution has appropriate facilities available for the proposed use; and

(3) The organizations using university facilities under this section may be required to reimburse the institution for the costs, if any, incident to the use of the facilities.

(4) Organizations using university facilities under this section may be required to pay rental charges for use of the facilities if the use is revenue producing.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87.

Wis. Admin. Code § UWS 21.04 Use of facilities by persons or organizations not associated with an institution {#sec-uws-21.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 21.04}

(1) The chancellor of each institution, or his or her designee, may permit persons, or organizations not associated with that institution, to use university facilities at his or her institution if he or she determines that:

(a) The proposed use is under the sponsorship or at the invitation of an organization associated with the institution;

(b) The proposed use will not interfere with or detract from the teaching, research and public service missions of the institution, or the use of the facilities by organizations associated with the institution;

(d) The person or organization has complied with institutional procedures adopted under s. UWS 21.06.

(2) Persons or organizations using university facilities under this section must reimburse the institutions for the costs, if any, incident to the use of the facilities.

(3) Persons or organizations using university facilities under this section may be required to pay rental charges for use of facilities if the use is revenue producing.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87.

Wis. Admin. Code § UWS 21.05 Access to public events held at university facilities {#sec-uws-21.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 21.05}

(1) It is the policy of the board to ensure maximum access to public events held in university facilities, consistent with the legally recognized rights and interests of performers, lecturers, artists and speakers.

(2) Where a person or organization has secured the use of university facilities for a public event, any contemplated restriction or condition on access to the event must be made known prior to the event, and must be embodied in a written agreement with the institution, which agreement shall be open to public inspection. However, such agreements may not deny or restrict access to university facilities in a manner contrary to other applicable laws or regulations or on any basis prohibited by law.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87.

Wis. Admin. Code § UWS 21.06 Institutional procedures {#sec-uws-21.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 21.06}

The chancellor of each institution, in consultation with appropriate staff and students, shall develop procedures for the administration of this chapter which shall, at a minimum, include the following:

(1) Procedures for securing permission to use university facilities;

(2) A schedule of the costs and rental fees, if any, assessed for the use of facilities; and

(3) A description of any institutional limitations concerning the time of availability and manner of the use of institutional facilities.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87.

Chapter UWS 22 ACCOMMODATION OF RELIGIOUS BELIEFS

Wis. Admin. Code § UWS 22.01 Declaration of policy {#sec-uws-22.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 22.01}

It is the policy of the Board of Regents that students’ sincerely held religious beliefs shall be reasonably accommodated with respect to all examinations and other academic requirements. The Board of Regents adopts this chapter in order to ensure that all institutions of the University of Wisconsin System have in place appropriate mechanisms for ensuring the reasonable accommodation of students’ sincerely held religious beliefs, and for appeals related to these matters.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 22.02 Definitions {#sec-uws-22.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 22.02}

In this chapter:

(1) “Board of Regents” or “board” has the meaning given under s. UWS 1.02.

(2) “Chancellor” means the chief executive officer of an institution.

(3) “Examination or other academic requirement” means any course requirement established by an instructor which will be considered in awarding the student’s grade in the course.

(4) “Institution” has the meaning given under s. UWS 1.06.

(5) “Instructor” has the meaning given under s. UWS 14.02 (11).

(6) “Student” means any person who is registered for study in an institution of the University of Wisconsin System for the current academic period.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; 2015 Wis. Act 330 ss. 19, 20: am. (1), (2), (6) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 22.03 Accommodation of religious beliefs {#sec-uws-22.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 22.03}

(1) A student shall be permitted to make up an examination or other academic requirement at another time or by an alternative method, without any prejudicial effect, where:

(a) There is a scheduling conflict between the student’s sincerely held religious beliefs and taking the examination or meeting the academic requirements; and

(b) The student has notified the instructor, within the first 3 weeks of the beginning of classes (within the first week of summer session and short courses), of the specific days or dates on which he or she will request relief from an examination or academic requirement.

(2) Instructors may schedule a make-up examination or other academic requirement before or after the regularly scheduled examination or other academic requirement.

(3) Instructors shall accept, at face value, the sincerity of students’ religious beliefs.

(4) Student notification of instructors and requests for relief under sub. (1) shall be kept confidential.

(5) Complaints of failure to provide reasonable accommodation of a student’s sincerely held religious beliefs as required by this rule may be filed under institutional complaint and grievance procedures adopted pursuant to chs. UWS 6 and 13.

(6) The chancellor of each institution shall, through appropriate institutional publications (to include at a minimum the timetable and catalog), provide notification to students and instructors of the rules for accommodation of religious beliefs, and of the procedure and appropriate office for filing complaints.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Chapter UWS 23 PHYSICIAN AND DENTIST LOAN ASSISTANCE PROGRAM

Wis. Admin. Code § UWS 23.01 Purpose {#sec-uws-23.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.01}

The purpose of this chapter is to establish provisions necessary for the administration of those aspects of the physician and dentist loan assistance program and the expanded loan assistance program which relate to the following:

(1) The identification of eligible practice areas as provided under s. 36.60 (1) (ag), Stats.

(2) The establishment of priorities among eligible applicants.

(3) The procedures under which physicians and dentists may apply for assistance under this chapter and the procedures under which the Board of Regents may make determinations in regard to physician and dentist applications.

(4) The penalties for breach of an agreement, and circumstances under which those penalties may be waived.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. (intro.) and (3), Register June 2002 No. 558, eff. 7-1-02; correction in (1), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (3) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.02 Definitions {#sec-uws-23.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.02}

In this chapter:

(1g) “Board of Regents” means the Board of Regents of the University of Wisconsin System.

(1r) “Dental health shortage area” has the meaning contained in s. 36.60 (1) (ad), Stats.

(3) “Educational loan” means a health education assistance loan, a plus loan, a national direct student loan, a stafford loan, a health professions students loan, a supplemental loan for students, a guaranteed student loan from a state education financial aid office, a university sponsored student loan, a trust fund loan, a scholastic loan, a foundation loan or any other loan that the Board of Regents determines is exclusively for educational purposes, and that was obtained by the physician or dentist from a public or private lending institution for education in an accredited school of medicine, an accredited school of dentistry, or for post graduate medical or dental training.

(4) “Eligible practice area” has the meaning set forth in s. 36.60 (1) (ag), Stats.

(5) “Mental health shortage area” has the meaning contained in s. 36.60 (1) (ap), Stats.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: renum. (1) to (4) to be (2) to (5) and am. (3), cr. (1), Register June 2002 No. 558, eff. 7-1-02; correction in (1g), (1r), (3), (4), (5) made under s. 13.92 (4) (b) 6., 7., Stats., (1), (2) renumbered to be (1r), (1g) under s. 13.92 (4) (b) 1., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1g), (3) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.03 Mental health shortage area {#sec-uws-23.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.03}

(1) The Board of Regents shall identify as a mental health shortage area any geographic area that conforms to the definition in s. UWS 23.02 (5).

(2) In addition to conforming to s. UWS 23.02 (5), a written agreement between the Board of Regents and a physician specializing in psychiatry shall require that the physician enter into an agreement with the board or boards created under s. 51.42, Stats., which operate in the mental health shortage area, to provide at least 8 hours of psychiatric care per week to clients of the board or boards. The Board of Regents may waive this requirement on a year-to-year basis upon a showing in writing by the physician that additional psychiatric services are not required by the county in the mental health shortage area, that the s. 51.42, Stats., board is not able to provide for such services at their reasonable and customary rate, or for other reasons approved by the Board of Regents.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. Register June 2002 No. 558, eff. 7-1-02; correction in (1), (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1), (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.035 Dental health shortage area {#sec-uws-23.035 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.035}

(1) The Board of Regents shall identify as a dental health shortage area any geographic area that conforms to the definition in s. UWS 23.02 (1r).

(2) In addition to conforming to s. UWS 23.02 (1r), the dentist shall agree to the following:

(a) In year 1 of the dentist’s agreement with the Board of Regents, the dentist shall provide dental services to at least 50 unduplicated medical assistance or badger care recipients, not to fall below a minimum of $8,000 in claims paid.

(b) In year 2 of the dentist’s agreement with the Board of Regents, the dentist shall provide dental services to at least 70 unduplicated medical assistance or badger care recipients, not to fall below a minimum of $11,000 in claims paid.

(c) In year 3 of the dentist’s agreement with the Board of Regents, the dentist shall provide dental services to at least 90 unduplicated medical assistance or badger care recipients, not to fall below a minimum of $15,000 in claims paid.

(3) In this section, ”unduplicated” means that a recipient may only be counted once for the year regardless of the number of visits during the year.

(4) The Board of Regents may waive the requirements of sub. (2) on a case-by-case and year-to-year basis upon an administrative review that shows the dentist made a significant effort to achieve the targets contained in sub. (2) and that the dentist has credible plans, as determined by the Board of Regents, to meet the following year’s targets, if applicable.

History

CR 01-157: cr. Register June 2002 No. 558, eff. 7-1-02; correction in (1), (2), (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1), (2) (a) to (c), (4) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.04 Priorities among eligible applicants {#sec-uws-23.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.04}

If the cost of repaying the educational loans of all eligible applicants, when added to the cost of educational loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.285 (1) (jc) and (ks), Stats., the Board of Regents shall establish priorities among eligible applicants based on the following considerations:

Note: Section 20.285 (1) (jc) and (ks) were repealed by 2011 Wis. Act 32.

(1) Extremely high need for medical or dental care. The degree to which there is an extremely high need for medical or dental care in the eligible practice area in which the physician or dentist proposes to practice.

(2) Physician and dentist retention. The likelihood of long term retention of the physician or dentist.

(3) Per capita income. The average per capita income in the eligible practice area in which the physician or dentist plans to practice.

(4) Financial support for physician or dentist recruitment and retention. The extent of local financial support provided to recruit or retain the physician or dentist for the eligible practice area.

(5) Length of service. The degree to which the physician or dentist is new to the eligible practice area.

(6) Provision of obstetric services. The agreement of a primary care physician to provide obstetric services.

(7) Geographic distribution. The geographical distribution of physicians and dentists with whom the Board of Regents has existing agreements and the geographical distribution of eligible applicants.

(8) Educational loan balance. The educational loan balance of the eligible applicant.

(9) Provision of medical assistance and badger care services. If already in practice, the degree to which a dentist provides medical assistance and badger care services in the dental practice.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. (intro.), (1) to (5) and (7), cr. (9), Register June 2002 No. 558, eff. 7-1-02; correction in (intro.), (7) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (intro.), (7) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.05 Application process {#sec-uws-23.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.05}

(1) Applications shall be in such form as the Board of Regents may require and shall contain the following information:

(a) Evidence pertaining to dates of accredited medical or dental school attendance and graduation.

(b) Evidence of educational loan indebtedness and education loan outstanding balance.

(d) Any other information the Board of Regents may require to make a determination in accordance with the provisions of s. 36.60, Stats., and this chapter.

(2) The Board of Regents shall provide application materials.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; am. (1) (a), Register June 2002 No. 558, eff. 7-1-02; correction in (1) (intro.), (d), (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1) (intro.), (d), (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.06 Breach of agreement {#sec-uws-23.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.06}

(1) The following actions, if taken by a physician or dentist who has entered into an agreement with the Board of Regents under the state physician and dentist loan repayment program for repayment of loans entirely from state funds, after July 1, 1998, shall constitute a breach of that agreement:

(a) No longer practicing at an eligible clinic.

(b) Reducing hours below the minimum required by the Board of Regents.

(d) Failing to apply funds received from the Board of Regents to repayment of eligible loans.

(e) Failing to timely supply documentation required by the Board of Regents.

(f) Failing to work at least 45 weeks per year.

(g) Failing to meet the additional requirements outlined for psychiatrists in s. UWS 23.03 and dentists in s. UWS 23.035.

(2) The following actions, if taken by a physician or dentist who has entered into an agreement with the Board of Regents under the expanded loan assistance program under s. 36.60 (9), Stats., shall constitute a breach of that agreement:

(a) No longer practicing at a public or private, nonprofit entity.

(b) Reducing hours below the minimum required by the Board of Regents.

(d) Failing to treat medicaid patients.

(e) Failing to apply funds received from the Board of Regents to repayment of eligible loans.

(f) Failing to timely supply documentation required by the Board of Regents.

(g) Failing to work at least 45 weeks per year.

(h) Failing to use a sliding fee scale or comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the physician’s or dentist’s services. Sliding fee scales may vary from clinic to clinic but, at a minimum, shall address persons with incomes below 200% of the federal poverty level.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. (1) (intro.), (2) (intro.) and (h), cr. (1) (g), Register June 2002 No. 558, eff. 7-1-02; correction in (1) (intro.), (b), (d), (e), (g), (2) (intro.), (b), (e), (f) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1) (intro.), (b), (d), (e), (2) (intro.), (b), (e), (f) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.07 Penalties for breach of agreement {#sec-uws-23.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.07}

(1) A physician or dentist who breaches an agreement with the Board of Regents in the first year of the physician’s or dentist’s obligation shall repay to the Board of Regents the amount already received plus an amount equal to the total months of obligation multiplied by $1,000.

(2) A physician or dentist who breaches an agreement with the Board of Regents in the second year of the physician’s or dentist’s obligation shall repay to the Board of Regents the amount already received plus an amount equal to the number of months remaining in the agreement multiplied by $1,000.

(3) A physician or dentist who breaches an agreement with the Board of Regents in the third year of the physician’s or dentist’s obligation shall repay to the Board of Regents the amount already received for the months remaining in the agreement plus an amount equal to the number of months remaining in the agreement multiplied by $1,000.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. Register June 2002 No. 558, eff. 7-1-02; correction in (1), (2), (3) made under s. 13.92 (4) (b) 6., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.08 Waiver of penalties {#sec-uws-23.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.08}

The Board of Regents may waive any penalty for breach of agreement if the physician or dentist is unable to serve or repay due to a permanent physical or mental impairment that prevents the physician or dentist from working in the physician’s or dentist’s profession. The physician or dentist shall provide verification of his or her condition from an appropriate board certified specialist or specialists that will reasonably convince the Board of Regents that the physician or dentist will be unable to continue working in the physician’s or dentist’s profession.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. Register June 2002 No. 558, eff. 7-1-02; correction made under s. 13.92 (4) (b) 6., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 23.09 Suspension {#sec-uws-23.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 23.09}

A physician’s or dentist’s contract may be suspended by the Board of Regents, without penalty, for a period of time agreed upon by the physician and the Board of Regents for certain hardships, including an extended illness or family leave that exceeds the maximum of 7 weeks allotted each year, or termination of employment that requires the physician or dentist to seek employment in another eligible practice area.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. Register June 2002 No. 558, eff. 7-1-02; correction made under s. 13.92 (4) (b) 6., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Chapter UWS 24 HEALTH CARE PROVIDER LOAN ASSISTANCE PROGRAM

Wis. Admin. Code § UWS 24.01 Purpose {#sec-uws-24.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.01}

The purpose of this chapter is to establish the procedures under which health care providers may apply for assistance under this chapter; to establish priorities among eligible applicants in the event that the number of applicants exceeds available funding; and to establish penalties for breach of an agreement, including circumstances under which those penalties may be waived.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98.

Wis. Admin. Code § UWS 24.02 Definitions {#sec-uws-24.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.02}

In this chapter:

(1g) “Board of Regents” means the Board of Regents of the University of Wisconsin System.

(1r) “Dental health shortage area” has the meaning contained in s. 36.61 (1) (ag), Stats.

(2) “Dental hygienist” has the meaning contained in s. 36.61 (1) (aj), Stats.

(4) “Educational loan” means a health education assistance loan, a plus loan, a national direct student loan, a stafford loan, a health professions student loan, a supplemental loan for students, a guaranteed student loan from a state education financial aid office, a university sponsored student loan, a trust fund loan, a scholastic loan, a foundation loan or any other loan that the Board of Regents determines is exclusively for educational purposes, and that was obtained by the health care provider from a public or private lending institution for education related to the health care provider’s field of practice.

(5) “Eligible practice area” has the meaning contained in s. 36.61 (1) (am), Stats.

(6) “Health care provider” has the meaning contained in s. 36.61 (1) (b), Stats.

(7) “Nurse-midwife” means a person who practices nurse-midwifery in accordance with s. 441.15, Stats.

(8) “Nurse practitioner” means a person who meets the requirements of s. 632.895 (8) (a) 3., Stats., or who is licensed as a registered nurse under ch. 441, Stats., or the laws of another state and who satisfies any of the following:

(a) Is certified as a primary care nurse practitioner or clinical nurse specialist by the american nurses’ credentialing center, the national certification corporation, the national certification board of pediatric nurse practitioners and nurses, the american academy of nurse practitioners, or by another certifying body approved by the american board of nursing specialties.

(b) Has completed an educational program approved by one of the certifying bodies listed in par. (a) and who is eligible, or who upon completion of the minimum time-in-practice requirement will be eligible, to take the professional certification examination as an advanced practice nurse.

(9) “Physician assistant” has the meaning contained in s. 448.01 (6), Stats.

(10) “Primary care” means basic health care services including general assessment, treatment, and management of common acute and chronic medical conditions, health promotion and disease prevention, and prenatal care and delivery services.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: renum. (1) to (8) to be (3) to (10), cr. (1) and (2), Register, June 2002 No. 558, eff. 7-1-02; correction in (1g), (1r), (2), (4), (5), (6) made under s. 13.92 (4) (b) 6., 7., Stats., (1), (3) renumbered to be (1r), (1g) under s. 13.92 (4) (b) 1., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1g), (4) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 24.025 Medical assistance and badger care requirements for dental hygienists {#sec-uws-24.025 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.025}

(1) In addition to conforming to s. UWS 24.02 (1r), the dental hygienist’s employer shall agree to the following:

(a) In year 1 of the dental hygienist’s agreement with the Board of Regents, his or her employer shall provide dental services to at least 50 unduplicated medical assistance or badger care recipients, not to fall below a minimum of $8,000 in claims paid.

(b) In year 2 of the dental hygienist’s agreement with the Board of Regents, his or her employer shall provide dental services to at least 70 unduplicated medical assistance or badger care recipients, not to fall below a minimum of $11,000 in claims paid.

(c) In year 3 of the dental hygienist’s agreement with the Board of Regents, his or her employer shall provide dental services to at least 90 unduplicated medical assistance or badger care recipients, not to fall below a minimum of $15,000 in claims paid.

(2) In this section, ”unduplicated” means that a recipient may only be counted once for the year regardless of the number of visits during the year.

(3) The Board of Regents may waive the requirements of sub. (1) on a case-by-case and year-to-year basis upon an administrative review that shows the employer for whom the dental hygienist works made a significant effort to achieve the targets contained in sub. (1) and that the employer has credible plans, as determined by the Board of Regents, to meet the following year’s targets, if applicable. If, in the opinion of the Board of Regents, the employer did not make a significant effort nor has credible plans to meet future targets as established in sub. (1), the dental hygienist may be required to repay any monies paid to the hygienist by the Board of Regents without additional penalties and may not receive additional loan assistance for subsequent periods.

History

CR 01-157: cr. Register June 2002 No. 558, eff. 7-1-02; correction in (1), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1) (a) to (c), (3) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 24.03 Priorities among eligible applicants {#sec-uws-24.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.03}

(1) Any health care provider who practices in an eligible practice area and who provides primary or dental care is eligible for educational loan repayment as provided in s. 36.61 (4), Stats.

(2) If the cost of repaying the educational loans of all eligible applicants, when added to the cost of educational loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.285 (1) (jc) and (ks), Stats., the Board of Regents shall establish priorities among eligible applicants based upon the following considerations:

Note: Section 20.285 (1) (jc) and (ks) were repealed by 2011 Wis. Act 32.

(a) Extremely high need for medical or dental care. The degree to which there is an extremely high need for medical or dental care in the eligible practice area in which the eligible applicant proposes to practice.

(b) Health care provider retention. The likelihood that an eligible applicant will remain in the eligible practice area in which he or she desires to practice after the loan repayment period.

(c) Per capita income. The per capita income of the eligible practice area in which an eligible applicant desires to practice.

(d) Financial support for health care provider recruitment and retention. The financial or other support for health care provider recruitment and retention provided by individuals, organizations or local governments in the eligible practice area in which an eligible applicant desires to practice.

(e) Geographic distribution. The geographical distribution of the health care providers who have entered into loan repayment agreements under this section and the geographical location of the eligible practice area in which an eligible applicant desires to practice.

(f) Length of service. The degree to which the medical or dental provider is new to the eligible practice area.

(g) Loan balance. The educational loan balance of the eligible applicant.

(h) Provision of medical assistance and badger care services. If already in practice, the degree to which the dental hygienist provides medical assistance and badger care services in the dental practice.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. (1), (2) (intro.), (a) and (f), cr. (2) (h), Register June 2002 No. 558, eff. 7-1-02; correction in (1), (2) (intro.) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 24.04 Application process {#sec-uws-24.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.04}

(1) Applications shall be in such form as the Board of Regents may require and shall contain the following information:

(a) Evidence of health or dental care professional educational program attendance.

(b) Evidence of licensure or certification as a nurse-midwife, nurse practitioner, dental hygienist or physician assistant.

(d) The location of the applicant’s current or proposed practice.

(e) Evidence that the provider practices or will practice primary care in an eligible practice area.

(f) The length of time the health care provider has practiced in the eligible practice area.

(g) Information about the likelihood that the applicant will remain in the eligible practice area after the loan repayment period.

(h) Any other information the Board of Regents may require to make a determination in accordance with the provisions of s. 36.61, Stats., and this chapter.

(2) The Board of Regents shall prepare application materials that it may update as necessary.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. (1) (a) and (b), Register June 2002 No. 558, eff. 7-1-02; correction in (1) (intro.), (h), (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1) (intro.), (h), (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 24.05 Breach of agreement {#sec-uws-24.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.05}

(1) The following actions, if taken by a provider who has entered into an agreement with the Board of Regents under the state health care provider loan repayment program for repayment of loans entirely from state funds, after July 1, 1998, shall constitute a breach of that agreement:

(a) No longer practicing at an eligible clinic.

(b) Reducing hours below the minimum required by the Board of Regents.

(d) Failing to apply funds received from the Board of Regents to repayment of eligible loans.

(e) Failing to timely supply documentation required by the Board of Regents.

(f) Failing to work at least 45 weeks per year.

(g) Failing to meet the additional requirements outlined for dental hygienists in s. UWS 24.025.

(2) The following actions, if taken by a provider who has entered into an agreement with the Board of Regents under the expanded loan assistance program under s. 36.61 (3) (a), Stats., shall constitute a breach of that agreement:

(a) No longer practicing at an eligible clinic.

(b) Reducing hours below the minimum required by the Board of Regents.

(d) Failing to treat medicaid patients.

(e) Failing to apply funds received from the Board of Regents to repayment of eligible loans.

(f) Failing to timely supply documentation required by the Board of Regents.

(g) Failing to work at least 45 weeks per year.

(h) Failing to use a sliding fee scale or comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the health care provider’s services. Sliding fee scales may vary from clinic to clinic but, at a minimum, shall address persons with incomes below 200% of the federal poverty level.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: cr. (1) (g), am. (2) (h), Register June 2002 No. 558, eff. 7-1-02; correction in (1) (intro.), (b), (d), (e), (g), (2) (intro.), (b), (e), (f) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. (1) (intro.), (b), (d), (e), (2) (intro.), (b), (e), (f) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 24.06 Penalties for breach of agreement {#sec-uws-24.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.06}

(1) A provider who breaches an agreement with the Board of Regents in the first year of the provider’s obligation shall repay to the Board of Regents the amount already received plus an amount equal to the total months of obligation multiplied by $500.

(2) A provider who breaches an agreement with the Board of Regents in the second year of the provider’s obligation shall repay to the Board of Regents the amount already received plus an amount equal to the number of months remaining in the agreement multiplied by $500.

(3) A provider who breaches an agreement with the Board of Regents in the third year of the provider’s obligation shall repay to the Board of Regents the amount already received for the months remaining in the agreement plus an amount equal to the number of months remaining in the agreement multiplied by $500.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; CR 01-157: am. (2) and (3), Register June 2002 No. 558, eff. 7-1-02; correction in (1), (2), (3) made under s. 13.92 (4) (b) 6., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 24.07 Waiver of penalties {#sec-uws-24.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.07}

The Board of Regents may waive any penalty for breach of agreement if the provider is unable to serve or repay due to a permanent physical or mental impairment that prevents the provider from working in the provider’s profession. The provider shall provide verification of his or her condition from an appropriate board certified specialist or specialists that will reasonably convince the Board of Regents that the provider will be unable to continue working in the provider’s profession.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; correction made under s. 13.92 (4) (b) 6., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § UWS 24.08 Suspension {#sec-uws-24.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 24.08}

A provider’s contract may be suspended by the Board of Regents, without penalty, for a period of time agreed upon by the provider and the Board of Regents for certain hardships, including an extended illness or family leave that exceeds the maximum of 7 weeks off allotted each year, or termination of employment that requires the provider to seek employment in another eligible practice site.

History

Cr. Register, June, 1998, No. 510, eff. 6-1-98; correction made under s. 13.92 (4) (b) 6., Stats., Register October 2011 No. 670; 2015 Wis. Act 330 s. 20: am. Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code UWS — Board of Regents of the University of Wisconsin System

Chapter UWS 1 DEFINITIONS OF TERMS USED IN CHS. UWS 1 TO 6

Wis. Admin. Code § UWS 1.01 Academic staff {#sec-uws-1.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.01}

Wis. Admin. Code § UWS 1.02 Board of Regents or board {#sec-uws-1.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.02}

Wis. Admin. Code § UWS 1.03 Department {#sec-uws-1.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.03}

Wis. Admin. Code § UWS 1.04 Faculty {#sec-uws-1.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.04}

Wis. Admin. Code § UWS 1.05 Faculty status {#sec-uws-1.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.05}

Wis. Admin. Code § UWS 1.06 Institution {#sec-uws-1.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.06}

Wis. Admin. Code § UWS 1.07 University {#sec-uws-1.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.07}

Wis. Admin. Code § UWS 1.08 Notice periods {#sec-uws-1.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 1.08}

Chapter UWS 2 FACULTY RULES; COVERAGE AND DELEGATION

Wis. Admin. Code § UWS 2.01 Rules {#sec-uws-2.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 2.01}

Wis. Admin. Code § UWS 2.02 Delegation {#sec-uws-2.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 2.02}

Chapter UWS 3 FACULTY APPOINTMENTS

Wis. Admin. Code § UWS 3.01 Types of appointments {#sec-uws-3.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.01}

Wis. Admin. Code § UWS 3.02 Recruiting {#sec-uws-3.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.02}

Wis. Admin. Code § UWS 3.03 Appointments—general {#sec-uws-3.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.03}

Wis. Admin. Code § UWS 3.04 Probationary appointments {#sec-uws-3.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.04}

Wis. Admin. Code § UWS 3.05 Periodic review {#sec-uws-3.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.05}

Wis. Admin. Code § UWS 3.06 Renewal of appointments and granting of tenure {#sec-uws-3.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.06}

Wis. Admin. Code § UWS 3.07 Nonrenewal of probationary appointments {#sec-uws-3.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.07}

Wis. Admin. Code § UWS 3.08 Appeal of a nonrenewal decision {#sec-uws-3.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.08}

Wis. Admin. Code § UWS 3.09 Notice periods {#sec-uws-3.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.09}

Wis. Admin. Code § UWS 3.10 Absence of proper notification {#sec-uws-3.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.10}

Wis. Admin. Code § UWS 3.11 Limitation {#sec-uws-3.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 3.11}

Chapter UWS 4 PROCEDURES FOR FACULTY DISMISSAL AND FOR DISMISSAL AND DISCIPLINE IN TITLE IX CASES

Subchapter I General

Wis. Admin. Code § UWS 4.01 Dismissal for cause {#sec-uws-4.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.01}

Wis. Admin. Code § UWS 4.015 Definitions {#sec-uws-4.015 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.015}

Subchapter II Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases

Wis. Admin. Code § UWS 4.016 Subchapter II definitions {#sec-uws-4.016 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.016}

Wis. Admin. Code § UWS 4.02 Responsibility for charges {#sec-uws-4.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.02}

Wis. Admin. Code § UWS 4.03 Standing faculty committee {#sec-uws-4.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.03}

Wis. Admin. Code § UWS 4.04 Hearing {#sec-uws-4.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.04}

Wis. Admin. Code § UWS 4.05 Adequate due process {#sec-uws-4.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.05}

Wis. Admin. Code § UWS 4.06 Procedural guarantees {#sec-uws-4.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.06}

Wis. Admin. Code § UWS 4.07 Recommendations to the chancellor and the regents {#sec-uws-4.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.07}

Wis. Admin. Code § UWS 4.08 Board review {#sec-uws-4.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.08}

Wis. Admin. Code § UWS 4.09 Suspension from duties {#sec-uws-4.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.09}

Wis. Admin. Code § UWS 4.10 Date of dismissal {#sec-uws-4.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.10}

Subchapter III Procedures for Faculty Dismissal and Discipline in Title IX Cases

Wis. Admin. Code § UWS 4.11 Subchapter III definitions {#sec-uws-4.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.11}

Wis. Admin. Code § UWS 4.12 Dismissal for cause or lesser discipline for Title IX misconduct {#sec-uws-4.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.12}

Wis. Admin. Code § UWS 4.13 Application of Title IX misconduct disciplinary procedure {#sec-uws-4.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.13}

Wis. Admin. Code § UWS 4.14 Dismissal of formal Title IX complaint and related appeal {#sec-uws-4.14 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.14}

Wis. Admin. Code § UWS 4.15 Investigation of Title IX misconduct allegations {#sec-uws-4.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.15}

Wis. Admin. Code § UWS 4.16 Review of evidence {#sec-uws-4.16 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.16}

Wis. Admin. Code § UWS 4.17 Final investigative report {#sec-uws-4.17 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.17}

Wis. Admin. Code § UWS 4.18 Standing faculty committee and hearing examiner {#sec-uws-4.18 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.18}

Wis. Admin. Code § UWS 4.19 Adequate due process {#sec-uws-4.19 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.19}

Wis. Admin. Code § UWS 4.20 Procedural guarantees {#sec-uws-4.20 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.20}

Wis. Admin. Code § UWS 4.21 Hearing committee or hearing examiner findings and recommendations to the chancellor {#sec-uws-4.21 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.21}

Wis. Admin. Code § UWS 4.22 Chancellor’s decision {#sec-uws-4.22 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.22}

Wis. Admin. Code § UWS 4.23 Appeal to board {#sec-uws-4.23 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.23}

Wis. Admin. Code § UWS 4.24 Suspension from duties {#sec-uws-4.24 omnilex-key=us-wi-regs-official--agency-uws--UWS 4.24}

Chapter UWS 5 LAYOFF AND TERMINATION FOR REASONS OF FINANCIAL EMERGENCY

Wis. Admin. Code § UWS 5.01 General {#sec-uws-5.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.01}

Wis. Admin. Code § UWS 5.02 Financial emergency {#sec-uws-5.02 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.02}

Wis. Admin. Code § UWS 5.03 Layoff and termination {#sec-uws-5.03 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.03}

Wis. Admin. Code § UWS 5.04 Faculty consultative committee {#sec-uws-5.04 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.04}

Wis. Admin. Code § UWS 5.05 Consultation {#sec-uws-5.05 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.05}

Wis. Admin. Code § UWS 5.06 Recommendation to the system president and the board {#sec-uws-5.06 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.06}

Wis. Admin. Code § UWS 5.07 Individual designations {#sec-uws-5.07 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.07}

Wis. Admin. Code § UWS 5.08 Seniority {#sec-uws-5.08 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.08}

Wis. Admin. Code § UWS 5.09 Notification {#sec-uws-5.09 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.09}

Wis. Admin. Code § UWS 5.10 Notification period {#sec-uws-5.10 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.10}

Wis. Admin. Code § UWS 5.11 Faculty hearing committee {#sec-uws-5.11 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.11}

Wis. Admin. Code § UWS 5.12 Review hearing {#sec-uws-5.12 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.12}

Wis. Admin. Code § UWS 5.13 Hearing procedure {#sec-uws-5.13 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.13}

Wis. Admin. Code § UWS 5.14 Recommendations and review by the board {#sec-uws-5.14 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.14}

Wis. Admin. Code § UWS 5.15 Board review {#sec-uws-5.15 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.15}

Wis. Admin. Code § UWS 5.16 Layoff status {#sec-uws-5.16 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.16}

Wis. Admin. Code § UWS 5.17 Alternative employment {#sec-uws-5.17 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.17}

Wis. Admin. Code § UWS 5.18 Reappointment rights {#sec-uws-5.18 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.18}

Wis. Admin. Code § UWS 5.19 Retention of rank and salary {#sec-uws-5.19 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.19}

Wis. Admin. Code § UWS 5.20 Rights of faculty members on layoff {#sec-uws-5.20 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.20}

Wis. Admin. Code § UWS 5.21 Systemwide tenure {#sec-uws-5.21 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.21}

Wis. Admin. Code § UWS 5.22 Lack of faculty action {#sec-uws-5.22 omnilex-key=us-wi-regs-official--agency-uws--UWS 5.22}

Chapter UWS 6 COMPLAINTS AND GRIEVANCES

Wis. Admin. Code § UWS 6.01 Complaints {#sec-uws-6.01 omnilex-key=us-wi-regs-official--agency-uws--UWS 6.01}