Register June 2021 No. 786
Chapter UWS 11
PROCEDURES FOR ACADEMIC STAFF DISMISSAL AND
FOR DISCIPLINE AND DISMISSAL IN TITLE IX CASES
Subchapter I — General
Dismissal for cause-indefinite academic staff appointments.
Subchapter II — Procedures for Academic Staff Dismissal in Non-Title IX Cases
Subchapter II definitions.
Responsibility for charges.
Adequate due process.
Recommendations: to the chancellor.
Suspension from duties.
Date of dismissal.
Dismissal for cause-fixed term or probationary academic staff appointments.
Dismissal for cause-teaching members of the academic staff.
Subchapter III — Procedures for Academic Staff Dismissal and Discipline in Title IX Cases
Subchapter III definitions.
Dismissal for cause or lesser discipline for Title IX misconduct.
Application of Title IX misconduct disciplinary procedure.
Dismissal of formal Title IX complaint and related appeal.
Investigation of Title IX misconduct allegations.
Review of evidence.
Final investigative report.
Standing academic staff committee and hearing examiner.
Adequate due process.
Hearing committee or hearing examiner findings and recommendations to the chancellor.
Appeal to the board.
Suspension from duties in Title IX misconduct dismissal cases.
Subchapter IV — Procedures for Dismissal for Cause in Special Cases – Indefinite Academic Staff Appointments
Subchapter IV definition.
Dismissal for cause in special cases - indefinite academic staff appointments.
Serious criminal misconduct.
Temporary suspension from duties without pay.
Dismissal for cause-indefinite academic staff appointments. UWS 11.01(1)(1)
A member of the academic staff holding an indefinite appointment may be dismissed only for just cause under ss. UWS 11.02
or for reasons of budget or program under ch. UWS 12
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.
Just cause for dismissal includes, but is not limited to, serious criminal misconduct, as defined in s. UWS 11.29
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
UWS 11.01 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
UWS 11.015 Definitions.
In this chapter:
“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."
“Complaint" means an allegation against an academic staff member reported to an appropriate university official.
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.
“Consult" or “consulting" means thoroughly reviewing and discussing the relevant facts and discretionary issues.
“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.
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)
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.
“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."