Section 36.13(5), Wis. Stats., reads as follows: Procedural Guarantees. Any person having tenure may be dismissed only for just cause and only after due notice and hearing. Any person having a probationary appointment may be dismissed prior to the end of the person’s contract term only for just cause and only after due notice and hearing. The action and decision of the board in such matters shall be final, subject to judicial review under ch. 227. The board and its several faculties shall develop procedures for the notice and hearing which shall be promulgated by rule under ch. 227. On June 19, 2014, the Board submitted a Scope Statement to the Governor’s Office for authority to propose legislative changes pursuant to the Wisconsin Legislative Rulemaking Process for Wisconsin Administrative Code, Chapters UWS 4, 7, 11 and 17. The purpose of this request was to initiate changes to Chapters UWS 4 and 7 to comply with federal guidance issued by the U.S. Department of Education Office for Civil Rights as it relates to Title IX of the Education Amendments of 1972 (“Title IX”) (guidance issued by the U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter, April, 2011). The proposed revisions are also intended to address the regulatory amendments under the Violence Against Women Reauthorization Act of 2013 (“VAWA”) and the Campus Sexual Violence Elimination Act (“Campus SaVE Act”). On July 7, 2014 and pursuant to s. 227.135, Wis. Stats., Governor Scott Walker approved the scope statement. The scope statement was submitted to the Legislative Reference Bureau for publication on July 31, 2014, and thereby published in Register No. 703, pursuant to s. 227.135(3), Wis. Stats. On April 10, 2015, the Board of Regents adopted Resolution I.1.b.(1), approving the Revisions to Administrative Code Ch. UWS 4 Procedures for Dismissal of Faculty and Ch. UWS 7 for pursuing dismissal of faculty in special cases of serious criminal misconduct, including sexual assault. Economic Impact
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 Chapters UWS 4 and 7 was available on the UW System homepage: 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 4.015 is created to read:
UWS 4.015 Definitions.
The following terms shall have the meaning given below:
(1) “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.”
(2) “Complainant” means one or more individuals allegedly harmed as a result of sexual harassment, sexual assault, dating violence, domestic violence or stalking as defined in subparagraphs (5), (6), (9), (10) and (11).
(3) “Complaint” means an allegation against a faculty member reported to an appropriate university official.
(4) “Consult” or “consulting” means thoroughly reviewing and discussing the relevant facts and discretionary issues.
(5) “Dating violence” means violence committed in a “dating relationship” as defined in s. 813.12(1)(ag), Stats. (6) “Domestic violence” means conduct defined as “domestic abuse” in ss. 813.12(1)(am) and 968.075, Stats. (7) “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.”
(8) “Reporting Party” means one or more individuals or groups filing a complaint as defined in subparagraph (3). A reporting party may also be a complainant as defined in subparagraph (2).
(9) “Sexual harassment” means conduct defined in s. 111.32, Stats. (10) “Sexual assault” means conduct defined in s. 940.225, Stats. (11) “Stalking” means conduct defined in s. 940.32, Stats. Section 2. UWS 4.02(1) and (3) are amended to read:
UWS 4.02(1) (1) Whenever the chancellor of an institution within the university of Wisconsin system receives a complaint against a faculty member which he/she deems substantial and which, if true, might lead to dismissal under s. UWS 4.01, the chancellor, or designee, shall within a reasonable time initiate an investigation and shall, prior to reaching a decision on filing charges, offer to discuss the matter informally with the faculty member. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence or stalking, the chancellor, or designee, shall appoint the Title IX Coordinator, or designee, to initiate an investigation in accordance with applicable policies. The chancellor, or designee, shall also offer to discuss the matter informally with the complainant, and provide information regarding rights under this chapter. Both the faculty member and the complainant shall have the right to be accompanied by an advisor of their choice at any meeting or proceeding that is part of the institutional disciplinary process. A faculty member may be dismissed only after receipt of a written statement of specific charges from the chancellor as the chief administrative officer of the institution and, if a hearing is requested by the faculty member, in accordance with the provisions of this chapter. If the faculty member does not request a hearing, action shall proceed along normal administrative lines but the provisions of ss. UWS 4.02, 4.09, and 4.10 shall still apply. UWS 4.02(3)(3) The statement of charges shall be served personally or by certified mail, return receipt requested. If such service cannot be made within 20 days, service shall be accomplished by first class mail and by publication as if the statement of charges were a summons and the provisions of s. 801.11 (1) (c), Stats., were applicable. Such service by mailing and publication shall be effective as of the first insertion of the notice of statement of charges in the newspaper. If the statement of charges involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law. Section 3. UWS 4.05(1) (d) and (e) are amended to read:
(d) A right to an advisor, counsel and/or other representatives, and to offer witnesses;
(e) A right to confront and cross-examine adverse witnesses. If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence or stalking, the hearing committee may reasonably restrict the faculty member or the complainant from questioning each other;
Section 4. UWS 4.05(2) is created to read:
(2) If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the complainant shall have all the rights provided to the faculty member in section 4.05(1)(a-h), except as may be precluded by applicable state or federal law.
Section 5. UWS 4.06(1)(am) is created to read:
(am) For complaints involving sexual harassment, sexual assault, dating violence, domestic violence or stalking, the standard of proof shall be a preponderance of the evidence;
Section 6. UWS 4.06(1)(d) is amended to read:
UWS 4.06(1)(d)(d) The faculty hearing committee may, on motion of either party, and, if the complaint involves sexual harassment, sexual assault, dating violence, domestic violence or stalking, on the motion of the complainant, disqualify any one of its members for cause by a majority vote. If one or more of the faculty hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the faculty equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the faculty establishing the standing committee under s. UWS 4.03; Section 7. UWS 4.06(1)(i) is amended to read:
UWS 4.06(1)(i)(i) Nothing in par. (h) Nothing in this section shall prevent the settlement of cases by mutual agreement between the administration and the faculty member, with board approval, at any time prior to a final decision by the board;
Section 8. UWS 4.06(1)(j) is amended to read:
UWS 4.06(1)(j)(j) Adjournment shall be granted to enable either party the parties, including the complainant, to investigate evidence as to which a valid claim of surprise is made.
