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 s. 224.14(4), Wis. Stats. 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. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. UWS 17.02 (1) is created to read:
(1) “Complainant” means any individual who is allegedly harmed by a respondent as a result of sexual harassment, sexual assault, dating violence, and domestic violence or stalking, as defined in s. UWS 17.09.
Section 2. UWS 17.02 (1) is renumbered UWS 17.02 (2).
Section 3. UWS 17.02 (2) is renumbered UWS 17.02 (3).
Section 4. UWS 17.02 (3) is renumbered UWS 17.02 (4).
Section 5. UWS 17.02 (4) is renumbered UWS 17.02 (5).
Section 6. UWS 17.02 (5) is renumbered UWS 17.02 (6).
Section 7. UWS 17.02 (6) is renumbered UWS 17.02 (7).
Section 8. UWS 17.02 (7) is renumbered UWS 17.02 (8).
Section 9. UWS 17.02 (8) is renumbered UWS 17.02 (9).
Section 10. UWS 17.02 (9) is renumbered UWS 17.02 (10).
Section 11. UWS 17.02 (10) is renumbered UWS 17.02 (11).
Section 12. UWS 17.02 (11) is renumbered UWS 17.02 (12).
Section 13. UWS 17.02 (12) is renumbered UWS 17.02 (13).
Section 14. UWS 17.02 (13) is renumbered UWS 17.02 (14).
Section 15. UWS 17.02 (14) is renumbered UWS 17.02 (16).
Section 16. UWS 17.02 (15) is created to read:
(15) “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.
Section 17. UWS 17.02 (15) is renumbered UWS 17.02 (17).
Section 18. UWS 17.02 (16) is renumbered UWS 17.02 (18).
Section 19. UWS 17.02 (17) is renumbered UWS 17.02 (19).
Section 20. UWS 17.05 is amended to read:
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. For allegations involving sexual assault, domestic violence, dating violence, stalking and/or sexual harassment, the chief administrative officer shall involve the Title IX Coordinator, or designee, in accordance with applicable institutional policies. Section 21. UWS 17.09 (17) is created to read:
(17) Dating violence. Violence committed by a student in a “dating relationship” as defined in s. 813.12(1)(ag) Stats. Section 22. UWS 17.09 (17) is created to read:
Section 23. UWS 17.09 (17) is created to read:
(19) Sexual Harassment. Conduct defined in s. 111.32(13) Stats or as defined in Board of Regent Policy that addresses sexual harassment. Section 24. UWS 17.11 (2) is amended to read:
(2) Conference with Student Respondent. When the investigating officer concludes that proceedings under this section are warranted, the investigating officer shall promptly contact the student respondent in person, by telephone, or by electronic mail to offer to discuss the allegation of matter with student. The purpose of this discussion is to permit the investigating officer to review with the student the basis for his or her belief that the student engaged in nonacademic misconduct, and to afford the student respondent an opportunity to respond. If the student respondent fails to does not respond to the investigating officer, the investigating officer’s to discuss the matter 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.
Section 25. UWS 17.11 (3) is amended to read:
(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 will be considered resolved without the necessity for further action. The investigating officer shall simultaneously notify the respondent and the complainant of this outcome and offer to discuss it separately with either one. If the investigating officer determines that nonacademic misconduct did not occur or that no disciplinary sanction is warranted, the complainant may appeal this decision in accordance with s. UWS 17.13. Section 26. UWS 17.11 (4)(a)2. and 4. are amended to read:
2. A description of all information available to the university regarding the alleged misconduct. Such information shall be available to the student respondent and, upon request to the complainant, except as may be precluded by applicable state or federal law.
4. Notice of the student respondent’s right to a hearing.
Section 27. UWS 17.11 (4)(b) is amended to read:
(b) The written report shall be delivered simultaneously to the student respondent and complainant, excluding any information that may be precluded by applicable state or federal law.
