Section 10. UWS 7.015 is created to read:
UWS 7.015 Definitions.
(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 any individual who is reported to have been subjected to sexual harassment, sexual assault, dating violence, domestic violence or stalking as defined in UWS 4.015.(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)
“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.”(6)
“Serious criminal misconduct” is defined in s. UWS 7.02.Section 11. UWS 7.025 is repealed.
Section 12. UWS 7.05(1) (a) and (b) are amended to read:
(a) Within 3 working days of receipt of the report or information, inform the faculty member of its receipt and, after consulting with appropriate institutional governance representatives, appoint an investigator to investigate the report or information and to advise the chancellor as to whether to proceed under this section or ch. UWS 4. In cases involving sexual assault, dating violence, domestic violence or stalking, the complainant shall be notified by the chancellor of the receipt of the report or information at the same time as the faculty member. (b) Upon appointing an investigator and notifying the faculty member, afford the faculty member 3 working days in which to request that the investigator be disqualified on grounds of lack of impartiality or other cause. In the event that the chancellor determines that a request for disqualification should be granted, the chancellor shall, within 2 working days of the determination, appoint a different investigator. The faculty member shall have the opportunity to request that any second or subsequent investigators be disqualified on grounds of lack of impartiality or other cause. In cases involving sexual assault, dating violence, domestic violence or stalking, the complainant shall have the disqualification rights that are afforded to the faculty member in this subsection.
Section 13. UWS 7.05(5)(c) is amended to read:
(c) Disciplinary action other than dismissal may be taken by the chancellor, whose decision shall be final, unless the board at its option grants a review on the record at the request of the faculty member. The faculty member shall receive a copy of the chancellor’s final decision. In cases involving sexual assault, dating violence, domestic violence or stalking, the complainant shall receive a copy of the chancellor’s final decision at the same time as the faculty member and shall have the same right to a review on the record as the faculty member.
Section 14. UWS 7.05(6) is amended to read:
(6) Upon receipt of the chancellor's recommendation, the full board shall review the record before the institutional hearing committee, and shall offer an opportunity for filing exceptions to the recommendation, and for oral argument. In cases involving sexual assault, dating violence, domestic violence or stalking, the complainant shall have all the rights provided to the faculty member in this paragraph. The full board shall issue its decision on the matter within 15 working days of receipt of the chancellor's recommendation.
Section 15. UWS 7.05(8) is repealed and recreated to read:
(8) The administration or its representatives shall have the burden of proof to show that ust cause exists for dismissal under this chapter. The administration must demonstrate by clear and convincing evidence that the faculty member engaged in serious criminal misconduct, as defined in s. UWS 7.02, except in cases involving sexual assault, dating violence, domestic violence or stalking, in which the evidentiary standard shall be by a preponderance of the evidence.
Section 16. EFFECTIVE DATE:
The rules adopted in this order shall take effect on the first day to the month following publication in the Wisconsin administrative register, pursuant to s. 227.22(2(intro.), Stats. (END OF TEXT OF RULE)
