Protective behaviors, including methods of recognizing and avoiding sexual assault and sexual harassment and locations in the community where courses on protective behaviors are provided.
Annually supply to all students enrolled in the institution or college campus printed or electronic material that includes all of the information under par. (a)
Annually, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3)
. The report shall indicate the methods each institution and college campus have used to comply with par. (a)
Any person employed at an institution who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution that the student has been sexually assaulted shall report to the dean of students of the institution. The dean of students shall compile reports for the purpose of disseminating statistical information under par. (a) 1. b.
Annually, each institution shall report to the office of justice assistance in the department of administration statistics on sexual assaults and on sexual assaults by acquaintances of the victims that occurred on each campus of the institution in the previous year. The office of justice assistance shall include the statistics in appropriate crime reports published by the office.
(23) Board staff.
The board shall provide office space, furnishings and supplies for the staff provided by the department of administration under s. 16.57
(23m) Compliance with environmental laws.
The board shall designate 2 positions, funded from the appropriation under s. 20.285 (3) (a)
, to coordinate system compliance with state and federal laws relating to the environment.
(24) State documents.
The board shall assure that each campus identifies and collects significant state documents, as defined in s. 35.81 (3)
, relating to administration and academic programs of that campus. The board shall provide for the identification and collection of significant state documents, as defined in s. 35.81 (3)
, published by the board or the system administration.
(25) Training of health professionals.
The board shall promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
(26) Building program planning and approval.
The board shall establish a process for submission of building projects to the building commission for approval. No building project for the system may be submitted by the board to the building commission unless the project is developed and approved by the board in conformity with this subsection. This subsection does not apply to building projects of the University of Wisconsin Hospitals and Clinics Authority.
(27) Condition on financial assistance.
The board may not provide any state financial assistance under this chapter to any person during the period that the person is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473 if the person has not so registered.
(28) Lease agreement with the University of Wisconsin Hospitals and Clinics Authority.
Subject to 1995 Wisconsin Act 27, section 9159 (2) (k)
, the board shall negotiate and enter into a lease agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (7)
and shall comply with s. 233.04 (7g)
(28m) Affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority.
Subject to 1995 Wisconsin Act 27, section 9159 (2) (k)
, the board shall negotiate and enter into an affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (7m)
and shall comply with s. 233.04 (7p)
(29) Other agreements with the University of Wisconsin Hospitals and Clinics Authority.
The board may enter into joint purchasing contracts and other contracts, rental agreements and cooperative agreements and other necessary arrangements with the University of Wisconsin Hospitals and Clinics Authority which may be necessary and convenient for the missions, objects and uses of the University of Wisconsin Hospitals and Clinics Authority authorized by law. Purchasing contracts and agreements are subject to s. 16.73 (5)
(29m) Report on expenditures.
Beginning in the 1996-97 fiscal year, annually the board shall report to the department of administration and the joint committee on finance the amount of expenditures from the appropriations under s. 20.285 (1) (h)
and (3) (iz)
in the previous fiscal year that were in excess of the dollar amounts shown in the appropriation schedule under s. 20.005 (3)
for those appropriations in the previous fiscal year.
(29r) Economic development assistance reporting. 36.11(29r)(a)(a)
In this subsection, "economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs, and that satisfies all of the following:
The program receives funding from the state or federal government that is allocated through an appropriation under ch. 20
The program provides financial assistance, tax benefits, or direct services to specific industries, businesses, local governments, or organizations.
Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3)
a comprehensive report assessing economic development programs administered by the board. The report shall include all of the information required under s. 560.01 (2) (am)
. The board shall collaborate with the department of commerce to make readily accessible to the public on an Internet-based system the information required under this subsection.
(33) Report on management and staff positions. 36.11(33)(a)(a)
The board shall categorize each position in the system as either a management position or a staff position. The board shall define "management" and "staff" for the purposes of this paragraph.
By January 1, 1998, and annually thereafter by January 1, the board shall submit a report to the joint committee on finance that includes all of the following:
The definitions of "management" and "staff" used by the board under par. (a)
The criteria used by the board to categorize the positions.
The current number of authorized positions in each category at each campus.
(36) Aquaculture demonstration facility.
The board, in consultation with representatives of the aquaculture industry, shall operate the aquaculture demonstration facility authorized under 1999 Wisconsin Act 9, section 9107 (1) (i) 3
(36m) School safety research.
The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under s. 38.04 (27)
, school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.
(37) Extension local planning program.
The board shall offer a local planning program through the extension to educate local policymakers about local planning and the grant program under s. 16.965
(39) Gaylord Nelson chair of integrated environmental studies.
The board shall establish the Gaylord Nelson chair of integrated environmental studies and seek private funding for this chair.
(40) Center for cooperatives.
The board shall maintain a center for cooperatives at the University of Wisconsin-Madison. The center shall comply with the requirements specified in s. 125.545 (5) (a)
(43) Programming at University of Wisconsin-Green Bay.
The board shall ensure that the University of Wisconsin-Green Bay implements programming that is jointly developed by the University of Wisconsin-Green Bay and the Oneida Tribe.
(44) Report on courses.
By October 31, 2001, and annually by October 31 thereafter, the board shall submit a report to the cochairpersons of the joint committee on finance that contains the number and type of, and the number of students enrolled in, each course offered by the system for which the academic fees or tuition charged equals at least 100% of the cost of offering the course.
(46) Fond du Lac Avenue corridor study.
The board shall ensure that the Center for Economic Development at the University of Wisconsin-Milwaukee completes an economic development study of the Fond du Lac Avenue corridor from North Avenue to Capitol Drive in Milwaukee.
(47) Armed forces.
If a student who is a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from school after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces for at least 30 days, the board shall reenroll the student beginning in the semester in which he or she is discharged, demobilized, or deactivated from active duty or the next succeeding semester, whichever the student prefers, shall give the student the same priority in registering for courses that the student would have had if he or she had registered for courses at the beginning of the registration period, and, at the student's request, do one of the following for all courses from which the student had to withdraw:
Effective date text
(47) Armed forces. If a student who is a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from school after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces for at least 30 days, the board shall reenroll the student beginning in the semester following his or her discharge from active duty or the next succeeding semester, whichever the student prefers, and, at the student's request, do one of the following for all courses from which the student had to withdraw:
Reimburse the student all tuition and fees paid for all the courses and a prorated portion of room and board payments.
Grant the student an incomplete in all the courses and permit the student to complete the courses, within 6 months after leaving state service or active service, without paying additional tuition or fees.
(48) Report on utility charges; assessment of certain utility charges.
The board shall ensure that the University of Wisconsin-Madison reports annually to the department of administration on utility charges in the following fiscal year to fund principal and interest costs incurred in purchasing the Walnut Street steam and chilled-water plant enumerated under 2003 Wisconsin Act 33, section 9106 (1) (g) 2
., and the methodology used to calculate those charges. The board may not assess the utility charges until the charges are approved by the department of administration.
(49) Telecommunications services.
The board may use telecommunications services, including data and voice over Internet services, procured by the board only for the purpose of carrying out its mission. The board shall not offer, resell, or provide telecommunications services, including data and voice over Internet services, that are available from a private telecommunications carrier to the general public or to any other public or private entity.
(50) Reserve officer training corps.
The board may not allocate general purpose revenue for the operation of an institution or college campus that prohibits the reserve officer training corps from operating on its campus.
(51) Automobile allowance.
The board may not use general purpose revenue, tuition, or academic fees for the president's or the chancellors' automobile allowance.
(52) Midwestern Higher Education Compact dues.
The board shall make full annual payments of membership dues to the Midwestern Higher Education Compact.
In this subsection, "backup position" means a position that the board is contractually required to provide for an employee who resigns or is terminated from his or her current position.
Annually, the board shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3)
and to the governor that identifies the number of employees with limited appointments under s. 36.17
and rules promulgated thereunder, the number of employees with concurrent appointments, and the number of employees with employment contracts that require backup positions but who have not yet resigned or been terminated from their current positions.
History: 1973 c. 335
; 1975 c. 39
; 1977 c. 29
; 1979 c. 32
s. 92 (8)
; 1979 c. 221
; 1981 c. 20
; 1983 a. 27
; 1983 a. 435
; 1983 a. 484
; 1985 a. 62
; 1985 a. 332
; 1985 a. 332
s. 251 (1)
; 1987 a. 27
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
, 9130 (4)
; 1995 a. 201
; 1997 a. 3
; 1999 a. 9
; 1999 a. 150
; 2001 a. 16
; 2003 a. 33
; 2005 a. 25
; 2007 a. 20
The Board of Regents has the power to make reasonable rules governing student use of automobiles on university property and can enforce them by imposing reasonable monetary penalties and withholding records. A student court can be designated by the board of regents as an auxiliary enterprise. Moneys collected must be paid into the general fund. By regent action, they may be appropriated therefrom for operation of that activity. 59 Atty. Gen. 82.
The University of Wisconsin System may sell a dormitory that no longer is needed for educational purposes upon terms that are agreeable to the Wisconsin state agencies building corporation and H.U.D. to guarantee the payment of the bonds issued for the initial construction of the building. 63 Atty. Gen. 252.
Campus police have jurisdiction under sub. (2) to arrest only on campuses unless deputized by a sheriff. Local ordinances are not applicable on campus. 68 Atty. Gen. 67.
Student discrimination prohibited. 36.12(1)
No student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.
The board shall direct each institution to establish policies and procedures to protect students from discrimination under sub. (1)
. The policies and procedures shall do all of the following:
Provide criteria for determining whether sub. (1)
has been violated.
Require a complainant to file a complaint with the institution within 300 days of the alleged violation of sub. (1)
Provide periods within which the complainant and the institution must act for each procedural step leading to the issuance of a final decision and for appeal of the final decision to the chancellor of the institution.
The board shall establish policies and procedures for the appeal of the chancellor's or dean's decision to the board.
By September 1, 1991, 1992, 1993, and 1994, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3)
. The report shall specify all of the following for the previous academic year:
The number of complaints received at each institution alleging a violation of sub. (1)
and the disposition of each such complaint.
The number of requests for review received by the board and the disposition of each such request.
History: 1989 a. 186
; 1997 a. 237
The exclusion of contraceptives from an employer or college or university sponsored benefits program that otherwise provides prescription drug coverage violates Wisconsin law prohibiting sex discrimination in employment and in higher education, ss. 111.31 to 111.395, 36.12, and 38.23. OAG 1-04
Student body diversity is a compelling state interest that can justify the use of race in university admissions. A race-conscious admissions program cannot use a quota system, but may consider race or ethnicity as a plus factor for an applicant, without insulating the individual from comparison with all other candidates for the available seats. An admissions program must be flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant, and to place them on the same footing for consideration, although not necessarily according them the same weight. Race-conscious admissions policies must be limited in time. Grutter v. Bollinger, 539 U.S. 306
, 123 S. Ct. 2325
(2003). See also Gratz v. Bollinger, 539 U.S. 244
, 156 L. Ed. 2d 304
, 123 S. Ct. 2411
Faculty tenure and probationary appointments. 36.13(1)(1)
In this section:
"Probationary appointment" means an appointment by the board held by a faculty member during the period which may precede a decision on a tenure appointment.
"Tenure appointment" means an appointment for an unlimited period granted to a ranked faculty member by the board.
Except as provided under par. (b)
, the board may grant a tenure appointment only upon the affirmative recommendation of the appropriate chancellor and the appropriate academic department or its functional equivalent. Neither the chancellor nor the academic department or its functional equivalent may base a tenure recommendation upon impermissible factors, as defined by the board by rule.
The board may grant a tenure appointment without the affirmative recommendation of the appropriate academic department or its functional equivalent if all of the following apply:
The board has the affirmative recommendation of the appropriate chancellor.
A faculty committee authorized by the board by rule to review the negative recommendation of the academic department or its functional equivalent finds that the decision of the academic department or its functional equivalent was based upon impermissible factors, as defined by the board by rule.
The board has the affirmative recommendation of a committee appointed according to the policies and procedures of the appropriate institution to review the individual's record with reference to criteria for tenure published by the institution under procedures established by the board by rule. No person may be appointed to the committee under this subdivision unless the person is knowledgeable or experienced in the individual's academic field or in a substantially similar academic field. No member of the committee appointed under this subdivision may be a member of the academic department, or its functional equivalent, that made the negative recommendation. The committee appointed under this subdivision may not base its tenure recommendation upon impermissible factors, as defined by the board by rule.
A tenure appointment 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 nor increased without the mutual consent of the faculty member and the institution subject only to sub. (5)
and s. 36.21
A probationary appointment shall not exceed 7 consecutive academic years in a full-time position in an institution. 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. The board may promulgate rules specifying additional circumstances that do not constitute a break in continuous service and that shall not be included in the 7-year period.
The board and its several faculties after consultation with appropriate students shall promulgate rules for tenure and probationary appointments, for the review of faculty performance and for the nonretention and dismissal of faculty members. Such rules shall be promulgated under ch. 227
(4) Continuation of appointment. 36.13(4)(a)(a)
Any person who holds a tenure appointment under ch. 36
, 1971 stats. and ch. 37
, 1971 stats., and related rules on July 9, 1974 shall continue to hold tenure as defined under those chapters and related rules.
Any person who holds the equivalent of a probationary appointment under ch. 36
, 1971 stats., and ch. 37
, 1971 stats., and related rules on July 9, 1974 shall continue to enjoy the contractual rights and guarantees as defined under those chapters and related rules, and may elect to be considered for tenure according to the procedures existing under that appointment or under sub. (2)
Any person who is not a ranked faculty member on August 15, 1991, and who is also described under subd. 1.
shall be treated as a faculty member with the rank of associate professor for all purposes:
Any person who held an unranked faculty tenure appointment or unranked faculty concurrent tenure appointment under ch. 37
, 1971 stats., prior to July 10, 1974.
Any person who held an unranked probationary appointment under ch. 37
, 1971 stats., prior to July 10, 1974, and who subsequently received an unranked faculty tenure appointment or unranked faculty concurrent tenure appointment.
(5) Procedural guarantees.
Any person having tenure may be dismissed only for just cause and only after due notice and hearing. Any person having a probationary appointment may be dismissed prior to the end of the person's contract term only for just cause and only after due notice and hearing. The action and decision of the board in such matters shall be final, subject to judicial review under ch. 227
. The board and its several faculties shall develop procedures for the notice and hearing which shall be promulgated by rule under ch. 227
Tenure and probationary appointments are in a particular institution. A tenure appointment is limited to the institution in which the appointment is held.