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.
Section 28. UWS 17.11 (4)(c) is amended to read:
(c) A student 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. Section 29. UWS 17.11 (4)(c)1. and 2. is amended to read:
1. Where the disciplinary sanction sought is one of those listed in s. UWS 17.10 (1) (a) to (g), and if the student respondent desires a hearing, the student 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 student 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. 2. Where the disciplinary sanction sought is one of those listed in s. UWS 17.10 (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 student respondent waives, in writing, the right to such a hearing. Section 30. UWS 17.12 (1), (2), and (3) are amended to read:
(1) A student respondent who requests a hearing, or for whom a hearing is scheduled under s. UWS 17.11 (4) (c) 2., shall have the right to decide whether the matter will be heard by a hearing examiner or a hearing committee. In cases of sexual assault, dating violence, domestic violence, stalking or sexual harassment the university shall have the right to decide whether the matter will be heard by a hearing examiner or a hearing committee. (2) If a student 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 student respondent and investigating officer, or is ordered or permitted by the hearing examiner or committee. (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 student respondent and, upon request the complainant, 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. Section 31. UWS 17.12 (4)(b) is amended to read:
(b) The student respondent shall have the right to question adverse witnesses, the right to present information and witnesses, the right to be heard on his or her own behalf, and the right to be accompanied by an advisor of the student respondent’s choice. The advisor may be a lawyer. In cases where the recommended disciplinary sanction is identified in s. UWS 17.10 (1) (a) to (h), the advisor may counsel the student respondent but may not directly question adverse witnesses, present information or witnesses, or speak on behalf of the student respondent except at the discretion of the hearing examiner or committee. In cases where the recommended disciplinary sanction is identified in s. UWS 17.10 (1) (i) or (j), or where the student 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 student respondent. In accordance with the educational purposes of the hearing, the student respondent is expected to respond on his or her own behalf to questions asked of him or her during the hearing. The complainant shall have all the rights provided to the respondent in this subsection. Section 32. UWS 17.12(4)(c)3. is amended to read:
3. May take reasonable steps to maintain order, and to adopt procedures for the questioning of a witness appropriate to the circumstances of that witness's testimony, provided, however, whatever procedure is adopted, the student is complainant and respondent are allowed to effectively question the witness.
Section 33. UWS 17.12 (4)(d) is amended to read:
(d) The hearing examiner or committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. The respondent and the complainant may access the record, upon request, except as may be precluded by applicable state or federal law.
Section 34. UWS 17.12 (4)(f)3. is amended to read:
