STATE OF WISCONSIN
Board of Regents of University of Wisconsin System
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
Board of Regents of the University of Wisconsin System
PROPOSED ORDER OF THE BOARD OF REGENTS OF THE
UNIVERSITY OF WISCONSIN SYSTEM
ADOPTING RULES
(CLEARINGHOUSE RULE 15-059)
PROPOSED ORDER
An Order of the Board of Regents of University of the Wisconsin System to amend the Wisconsin Administrative Code, Chapter UWS 11 Dismissal of Academic Staff For Cause. Analysis prepared by the University of Wisconsin System Administration.
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ANALYSIS
Statutory Authority and Rule Overview
The University of Wisconsin System (UW System) Administration seeks to modify Board of Regents (Board) administrative rules, known as Chapter UWS 11 Dismissal of Academic Staff for Cause. The Board of Regents has statutory authority for Ch. UWS 11, as articulated in s. 36.15(3), Wis. Stats. Section 36.15(3), Wis. Stats., reads as follows: Procedural Guarantees. A person having an academic staff appointment for a term may be dismissed prior to the end of the appointment term only for just cause and only after due notice and hearing. A person having an academic staff appointment for an indefinite term who has attained permanent status may be dismissed only for just cause and only after due notice and hearing. In such matters the action and decision of the board, or the appropriate official authorized by the board, shall be final, subject to judicial review under ch. 227. The board shall develop procedures for the notice and hearing which shall be promulgated as rules under ch. 227. On June 19, 2014, the Board submitted a scope statement to the Governor’s Office for authority to propose legislative changes pursuant to the Wisconsin Legislative Rulemaking Process for Wisconsin Administrative Codes, Chapter 4, 7, 11 and 17. The purpose of this request was to initiate changes to Chapters UWS 4 and 7 to comply with federal guidance issued by the U.S. Department of Education Office for Civil Rights as it relates to Title IX of the Education Amendments of 1972 (“Title IX”) (guidance issued by the U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter, April, 2011). The proposed revisions are also intended to address the regulatory amendments under the Violence Against Women Reauthorization Act of 2013 (“VAWA”) and the Campus Sexual Violence Elimination Act (“Campus SaVE Act”). On July 7, 2014 and pursuant to Wis. Stat. s. 227.135, Governor Scott Walker approved the scope statement. The scope statement was submitted to the Legislative Reference Bureau for publication on July 31, 2014, and thereby published in Register No. 703, pursuant to Wis. Stat. s. 227.135(3). On April 10, 2015, the Board of Regents adopted Resolution I.1.b.(2), approving the Revisions to Administrative Code UWS Ch. 11 Dismissal of Academic Staff for Cause. Economic Impact
The Board of Regents hereby determines that the proposed rules shall have minimal to no economic impact locally or statewide. A fourteen (14) day comment period was provided to the general public in order to solicit information and advice from businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule in order to determine what, if any, economic impact the rule will have locally or statewide.
Fiscal Estimate
The Board of Regents hereby determines that the proposed rules shall have minimal to no fiscal impact or effect on county, city, village, town, school district, technical college district and sewerage district fiscal liabilities and revenues. There is minimal to no anticipated fiscal effect on the private sector and no anticipated costs incurred by the private sector in complying with the rules. This fiscal estimate determination has been conducted in accordance with Wis. Stat. § 224.14(4). 14 day comment period
The “Notice of Public Comment Period on Economic Impact and Fiscal Estimate” for Chapter UWS 17 was available on the UW System homepage: https://www.wisconsin.edu/ (Look under “News, Events, & Announcements”) and the Board of Regents page: https://www.wisconsin.edu/regents/. The notice remained open from April 17, 2015 to May 1, 2015. No comments were received during this period. Agency contact person
Jane Radue, Executive Director and Corporate Secretary, Board of Regents of University of Wisconsin System, 1860 Van Hise Hall, 1220 Linden Drive,Madison, Wisconsin 53706; Telephone 608-262-4808; email address: jradue@uwsa.edu.
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TEXT OF RULE
Section 1. UWS 11.015 is repealed and recreated to read:
UWS 11.015 Definitions.
The following terms shall have the meaning given below:
(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) “Complainant” means one or more individuals allegedly harmed as a result of sexual harassment, sexual assault, dating violence, domestic violence or stalking, as defined in subparagraphs (5), (6), (9), (10) and (11).
