UWS 17.01 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.
UWS 17.02 UWS 17.02Definitions. In this chapter:
UWS 17.02(1) (1) “Chief administrative officer" means the chancellor of an institution or dean of a campus or their designees.
UWS 17.02(2) (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."
UWS 17.02(2m) (2m) “Complainant" means any individual who is reported to have been subjected to sexual harassment, sexual assault, dating violence, domestic violence, or stalking, as defined in s. UWS 17.09.
UWS 17.02(3) (3) “Days" means calendar days.
UWS 17.02(4) (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:
UWS 17.02(4)(a) (a) Given personally.
UWS 17.02(4)(b) (b) Placed in the student's official university mailbox.
UWS 17.02(4)(c) (c) Mailed by regular first class United States mail to the student's current address as maintained by the institution.
UWS 17.02(5) (5) “Disciplinary file" means the record maintained by the student affairs officer responsible for student discipline.
UWS 17.02(6) (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.
UWS 17.02(7) (7) “Disciplinary sanction" means any action listed in s. UWS 17.10 (1) taken in response to student nonacademic misconduct.
UWS 17.02(8) (8) “Expulsion" means termination of student status with resultant loss of all student rights and privileges.
UWS 17.02(9) (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.
UWS 17.02(10) (10) “Institution" means any university, or an organizational equivalent designated by the board, and the University of Wisconsin colleges.
UWS 17.02(11) (11) “Investigating officer" means an individual, or his or her designee, appointed by the chief administrative officer of each institution, to conduct investigations of nonacademic misconduct under this chapter.
UWS 17.02(12) (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.
UWS 17.02(13) (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.
UWS 17.02(13m) (13m) “Respondent" means any student who is accused of violating any provision of this chapter, and was registered for study in an institution for the academic period, or between academic periods for continuing students, when the misconduct occurred.
UWS 17.02(14) (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.
UWS 17.02(15) (15) “Student affairs officer" means the dean of students or student affairs officer designated by the chief administrative officer to coordinate disciplinary hearings and carry out duties described in this chapter.
UWS 17.02(16) (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.
UWS 17.02(17) (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.
UWS 17.02 History 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.
UWS 17.03 UWS 17.03Consistent institutional policies. 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.
UWS 17.03 History 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.
UWS 17.04 UWS 17.04Notice to students. 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.
UWS 17.04 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.
UWS 17.05 UWS 17.05Designation of investigating officer. 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. For allegations involving sexual assault, domestic violence, dating violence, stalking, or sexual harassment, the chief administrative officer shall involve the Title IX Coordinator, or designee, in accordance with applicable institutional policies.
UWS 17.05 History 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.
UWS 17.06 UWS 17.06Nonacademic misconduct hearing examiner.
UWS 17.06(1)(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.
UWS 17.06(2) (2) A hearing examiner shall be selected by the chief administrative officer from the faculty and staff of the institution, pursuant to the policies adopted under sub. (1).
UWS 17.06 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.
UWS 17.07 UWS 17.07Nonacademic misconduct hearing committee.
UWS 17.07(1)(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.
UWS 17.07(2) (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 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.
UWS 17.07 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.
UWS 17.08 UWS 17.08Nonacademic misconduct occurring on or outside of university lands.
UWS 17.08(1) (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 s. UWS 17.09 that occurs on university lands or at university-sponsored events.
UWS 17.08(2) (2)Misconduct outside of university lands. The provisions contained in this chapter may apply to the student conduct described in s. UWS 17.09 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:
UWS 17.08(2)(a) (a) The conduct constitutes or would constitute a serious criminal offense, regardless of the existence of any criminal proceedings.
UWS 17.08(2)(b) (b) The conduct indicates that the student presented or may present a danger or threat to the health or safety of himself, herself or others.
UWS 17.08(2)(c) (c) The conduct demonstrates a pattern of behavior that seriously impairs the university's ability to fulfill its teaching, research, or public service missions.
UWS 17.08 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.
UWS 17.09 UWS 17.09Conduct subject to disciplinary action. 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:
UWS 17.09(1) (1)Dangerous conduct. Conduct that endangers or threatens the health or safety of oneself or another person.
UWS 17.09(2) (2)Sexual assault. Conduct defined in s. 940.225, Stats.
UWS 17.09(3) (3)Stalking. Conduct defined in s. 940.32, Stats.
UWS 17.09(4) (4)Harassment. Conduct defined in s. 947.013, Stats.
UWS 17.09(5) (5)Hazing. Conduct defined in s. 948.51, Stats.
UWS 17.09(6) (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.
UWS 17.09(7) (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.
UWS 17.09(8) (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.
UWS 17.09(9) (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.
UWS 17.09(10) (10)Misuse of computing resources. Conduct that involves any of the following:
UWS 17.09(10)(a) (a) Failure to comply with laws, license agreements, and contracts governing university computer network, software, and hardware use.
UWS 17.09(10)(b) (b) Use of university computing resources for unauthorized commercial purposes or personal gain.
UWS 17.09(10)(c) (c) Failure to protect a personal password or university-authorized account.
UWS 17.09(10)(d) (d) Breach of computer security, invasion of privacy, or unauthorized access to university computing resources.
UWS 17.09(11) (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.
UWS 17.09(12) (12)Violation of criminal law. Conduct that constitutes a criminal offense as defined by state or federal law.
UWS 17.09(13) (13)Serious and repeated violations of municipal law. Serious and repeated off-campus violations of municipal law.
UWS 17.09(14) (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.
UWS 17.09(15) (15)Violation of university rules. Conduct that violates any published university rules, regulations, or policies, including provisions contained in university contracts with students.
UWS 17.09(16) (16)Noncompliance with disciplinary sanctions. Conduct that violates a sanction, requirement, or restriction imposed in connection with previous disciplinary action.
UWS 17.09(17) (17)Dating violence. Violence committed by a student against another person with whom they are in a “dating relationship" as defined in s. 813.12 (1) (ag), Stats.
UWS 17.09(18) (18)Domestic violence. Conduct defined as “domestic abuse" in ss. 813.12 (1) (am) and 968.075, Stats.
UWS 17.09(19) (19)Sexual Harassment. Conduct defined in s. 111.32 (13), Stats., or as defined in Board of Regent Policy that addresses sexual harassment
UWS 17.09 History 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.
UWS 17.10 UWS 17.10Disciplinary sanctions.
UWS 17.10(1) (1) The disciplinary sanctions that may be imposed for nonacademic misconduct, in accordance with the procedures of ss. UWS 17.11 to 17.13, are any of the following:
UWS 17.10(1)(a) (a) A written reprimand.
UWS 17.10(1)(b) (b) Denial of specified university privileges.
UWS 17.10(1)(c) (c) Payment of restitution.
UWS 17.10(1)(d) (d) Educational or service sanctions, including community service.
UWS 17.10(1)(e) (e) Disciplinary probation.
UWS 17.10(1)(f) (f) Imposition of reasonable terms and conditions on continued student status.
UWS 17.10(1)(g) (g) Removal from a course in progress.
UWS 17.10(1)(h) (h) Enrollment restrictions on a course or program.
UWS 17.10(1)(i) (i) Suspension.
UWS 17.10(1)(j) (j) Expulsion.
UWS 17.10(2) (2) One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of nonacademic misconduct.
UWS 17.10(3) (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.
UWS 17.10 History History: CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.
UWS 17.11 UWS 17.11Disciplinary procedure.
UWS 17.11(1) (1)Process. The investigating officer may proceed in accordance with this section to impose, subject to hearing and appeal rights, one or more of the disciplinary sanctions listed in s. UWS 17.10 (1).
UWS 17.11(2) (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 make a determination on the basis of the available information. A complainant shall have all the rights provided to the respondent in this subsection.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.