Register September 2021 No. 789
Chapter UWS 17
STUDENT NONACADEMIC DISCIPLINARY PROCEDURES
Subchapter I — General
Consistent institutional policies.
Notice to students.
Designation of investigating officer.
Nonacademic misconduct hearing examiner.
Nonacademic misconduct hearing committee.
Nonacademic misconduct occurring on or outside of university lands.
Subchapter II - Procedures for Student Nonacademic Discipline in Nonsexual Misconduct Cases
Conduct subject to disciplinary action.
Appeal to the chancellor.
Discretionary appeal to the Board of Regents.
Subchapter III — Procedures for Student Nonacademic Discipline in Sexual Misconduct Cases
Sexual misconduct subject to disciplinary action under ss. UWS 17.152
Sexual misconduct disciplinary procedure.
Sexual misconduct hearing.
Appeal to the chancellor for sexual misconduct.
Discretionary appeal to the Board of Regents for sexual misconduct.
Settlement for sexual misconduct.
Subchapter IV — Effect of Discipline, Petitions for Restoration, and Emergency Suspension
Effect of discipline within the institution.
Effect of suspension or expulsion within the university system.
Petition for restoration of rights after suspension or expulsion.
Ch. UWS 17 Note
See ch. UWS 14
for student academic disciplinary procedures.
Ch. UWS 17 Note
Note: Chapter UWS 17 as it existed on August 31, 1996 was repealed and a new chapter UWS 17 was created effective September 1, 1996. Chapter UWS 17 as it existed on August 31, 2009, was repealed and a new chapter UWS 17 was created effective September 1, 2009.
UWS 17.01 Policy statement.
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.
UWS 17.01 History
History: CR 08-099
: cr. Register August 2009 No. 644
, eff. 9-1-09.
UWS 17.02 Definitions.
In this chapter:
“Chief administrative officer" means the chancellor of an institution or the chancellor's designees.
“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."
“Complainant" means any individual who is alleged to be the subject of sexual misconduct, as defined in s. UWS 17.151
“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.
“Delivered" means sent by electronic means to the student's official university email address and, in addition, provided by any of the following methods:
Mailed by regular first class United States mail to the student's current address as maintained by the institution.
“Disciplinary file" means the record maintained by the student affairs officer responsible for student discipline.
“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.
“Disciplinary sanction” means any action listed in s. UWS 17.085 (1)
taken in response to student nonacademic misconduct.
“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.
“Expulsion" means termination of student status with resultant loss of all student rights and privileges.
“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.
“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
“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.
“Institution" means any university, or an organizational equivalent designated by the board.
“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.