UWS 17.02(12m)
(12m) “Party” refers to a respondent or complainant involved in a disciplinary procedure under subch.
III.
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 was registered for study in an institution for the academic period, or between academic periods for continuing students, when the misconduct occurred and has been reported to have violated s.
UWS 17.09 or
17.151.
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, student affairs officer, or other personnel 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;
CR 20-062: am. (1), (2m), cr. (2r), am. (7), cr. (7m), (8m), am. (9), cr. (9m), am. (10) to (12), cr. (12m), am. (13m), (15)
Register May 2021 No. 785, eff. 6-1-21; correction in (8m), (12), (12m), (13m) made under s.
35.17, Stats.,
Register May 2021 No. 785; correction in (7m) made under s.
35.17, Stats.,
Register July 2021 No. 787.
UWS 17.03
UWS 17.03 Consistent 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 17.04
UWS 17.04 Notice 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 17.05 Designation 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 or
17.152. For allegations involving sexual misconduct, as defined in s.
UWS 17.151, the Title IX Coordinator or designee shall serve as the investigating officer.
UWS 17.06
UWS 17.06 Nonacademic 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 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;
CR 20-062: am. (2)
Register May 2021 No. 785, eff. 6-1-21.
UWS 17.07
UWS 17.07 Nonacademic 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, who may be the hearing examiner designated pursuant to s.
UWS 17.06, 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;
CR 20-062: am. (2)
Register May 2021 No. 785, eff. 6-1-21.
UWS 17.08
UWS 17.08 Nonacademic 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 ss.
UWS 17.09 and
17.151 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 ss.
UWS 17.09 and
17.151 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 the student 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;
CR 20-062: am. (1), (2) (intro.), (b)
Register May 2021 No. 785, eff. 6-1-21.
UWS 17.085(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, and
17.152 to
17.154, are any of the following:
UWS 17.085(1)(d)
(d) Educational or service sanctions, including community service.
UWS 17.085(1)(f)
(f) Imposition of reasonable terms and conditions on continued student status.
UWS 17.085(2)
(2) One or more of the disciplinary sanctions listed in sub.
(1) may be imposed for an incident of nonacademic misconduct.
UWS 17.085(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 17.085 History
History: CR 08-099: cr.
Register August 2009 No. 644, eff. 9-1-09;
CR 20-062: renum. from UWS 17.10 and am. (1) (intro.)
Register May 2021 No. 785, eff. 6-1-21.
subch. II of ch. UWS 17
Subchapter II - Procedures for Student Nonacademic Discipline in Nonsexual Misconduct Cases
UWS 17.09
UWS 17.09 Conduct 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. Conduct defined in s.
UWS 17.09 shall use the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss.
UWS 17.11 to
17.15. However, at the university's discretion, conduct defined in s.
UWS 17.09, when arising out of the same facts and circumstances as sexual misconduct defined in s.
UWS 17.151, may be consolidated with such charges and addressed with the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss.
UWS 17.152 to
17.156.
UWS 17.09(1)
(1)
Dangerous conduct. Conduct that endangers or threatens the health or safety of oneself or another person.
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(20)
(20) Retaliation. Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured in ss.
UWS 17.152 to
17.156, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under ss.
UWS 17.152 to
17.156.
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;
CR 20-062: am. (intro.), r. (2), (3), (17) to (19), cr. (20)
Register May 2021 No. 785, eff. 6-1-21; correction in (intro.) made under s.
35.17, Stats.,
Register July 2021 No. 787.
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 17.085 (1) for conduct defined in s.
UWS 17.09.
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 decide on the basis of the available information.
UWS 17.11(3)
(3)
Determination by the investigating officer that no disciplinary sanction is warranted. If, as a result of a discussion under sub.
(2) or review of available information, the investigating officer determines that nonacademic misconduct did not in fact occur, or that no disciplinary sanction is warranted under the circumstances, the matter shall be considered resolved without the necessity for further action. The investigating officer shall notify the respondent.
UWS 17.11(4)
(4)
Process following determination by the investigating officer that nonacademic misconduct occurred. UWS 17.11(4)(a)(a) If, as a result of a discussion under sub.
(2) or review of available information, the investigating officer determines that nonacademic misconduct did occur and that one or more of the disciplinary sanctions listed under s.
UWS 17.085 (1) should be recommended, the investigating officer shall prepare a written report which shall contain all of the following:
UWS 17.11(4)(a)2.
2. A description of all information available to the university regarding the alleged misconduct.
UWS 17.11(4)(a)5.
5. A copy of this chapter and of the institutional procedures adopted to implement this section.
UWS 17.11(4)(b)
(b) The written report shall be delivered to the respondent.
UWS 17.11(4)(c)
(c) A respondent who receives a written report under this section has the right to a hearing under s.
UWS 17.12 to contest the determination that nonacademic misconduct occurred, the choice of disciplinary sanctions, or both.
UWS 17.11(4)(c)1.
1. Where the disciplinary sanction sought is one of those listed in s.
UWS 17.085 (1) (a) to
(g), and if the respondent desires a hearing, the respondent shall file a written request with the student affairs officer within 10 days of the date the written report is delivered to the respondent. If the respondent does not request a hearing within this period, the determination of nonacademic misconduct shall be regarded as final, and the disciplinary sanction sought shall be imposed.
UWS 17.11(4)(c)2.
2. Where the disciplinary sanction sought is one of those listed in s.
UWS 17.085 (1) (h) to
(j), the investigating officer shall forward a copy of the written report under par.
(b) to the student affairs officer. The student affairs officer shall, upon receipt of the written report, proceed under s.
UWS 17.12 to schedule a hearing on the matter. A hearing shall be conducted unless the respondent waives, in writing, the right to such a hearing.
UWS 17.11 History
History: CR 08-099: cr.
Register August 2009 No. 644, eff. 9-1-09; correction to (1) (title) made under s.
13.92 (4) (b) 2., Stats.,
Register August 2009 No. 644;
CR 15-060: am. (2), (3), (4) (a) 2., 4., (b), (c)
Register June 2016 No. 726, eff. 7-1-16;
CR 20-062: am. (1) to (3), (4) (a) (intro.), 2., (b), (c) 1., 2.
Register May 2021 No. 785, eff. 6-1-21.
UWS 17.12(1)(1)
A respondent who requests a hearing, or for whom a hearing is scheduled under s.
UWS 17.11 (4) (c) 2., for conduct defined in s.
UWS 17.09, shall have the right to decide whether the matter shall be heard by a hearing examiner or a hearing committee.
UWS 17.12(2)
(2) If a respondent requests a hearing under s.
UWS 17.11 (4) (c) 1., or a hearing is required to be scheduled under s.
UWS 17.11 (4) (c) 2., the student affairs officer shall take the necessary steps to convene the hearing and shall schedule it within 15 days of receipt of the request or written report. The hearing shall be conducted within 45 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the respondent and investigating officer, or is ordered or permitted by the hearing examiner or committee.
UWS 17.12(3)
(3) No less than 5 days in advance of the hearing, the hearing examiner or committee shall obtain from the investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based, and shall provide the respondent with access to or copies of the investigating officer's explanation, together with any other materials provided to the hearing examiner or committee by the investigating officer, including any additional available information of the type described in s.
UWS 17.11 (4) (a) 2. UWS 17.12(4)
(4) The hearing shall be conducted in accordance with the following guidance and requirements:
UWS 17.12(4)(a)
(a) The hearing process shall further the educational purposes and reflect the university context of nonacademic misconduct proceedings. The process need not conform to state or federal rules of criminal or civil procedure, except as expressly provided in ch.
UWS 17.
UWS 17.12(4)(b)
(b) The respondent shall have the right to question adverse witnesses, the right to present information and witnesses, the right to be heard on the respondent's own behalf, and the right to be accompanied by an advisor of the respondent's choice. The advisor may be a lawyer. In cases where the recommended disciplinary sanction is identified in s.
UWS 17.085 (1) (a) to
(h), the advisor may counsel the respondent but may not directly question adverse witnesses, present information or witnesses, or speak on behalf of the respondent except at the discretion of the hearing examiner or committee. In cases where the recommended disciplinary sanction is identified in s.
UWS 17.085 (1) (i) or
(j), or where the respondent has been charged with a crime in connection with the same conduct for which the disciplinary sanction is sought, the advisor may question adverse witnesses, present information and witnesses, and speak on behalf of the respondent. In accordance with the educational purposes of the hearing, the respondent is expected to respond on the respondent's own behalf to questions asked of the respondent during the hearing.
