Fiscal Estimate, Economic Impact Analysis, and Effect on Small Business: The proposed rules do not have any economic or fiscal impact on specific businesses, on business sectors (including small businesses), or on the State of Wisconsin’s economy as a whole. The Fiscal Estimate and Economic Impact Analysis is attached.
Public Comments: The Board of Regents will accept written comments until March 12, 2020. Comments may be submitted: (1) on the web at https://www.wisconsin.edu/regents/public-comment-form-chapter-uws-18-wis-admin-code or at adminrules.wisconsin.gov; (2) by email to board@uwsa.edu; (3) at the public hearing scheduled from 11:00 a.m. to 12:00 p.m. on March 5, 2020 in the Sonata Room, Gordon Dining and Event Center, 770 W. Dayton Street, Madison, Wisconsin; or (4) by mail to Office of the Board of Regents, 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706. Agency contact person: Tomas L. Stafford, Senior System Legal Counsel; 608-265-5319; tstafford@uwsa.edu. TEXT OF PROPOSED RULE
SECTION 1. UWS 18.11 (1) (a), (b), (e) and (f) are amended to read:
UWS 18.11 (1) (a) No person may, with intent to harass, annoy or offend another person, send by sending a message to the person on an electronic mail or other computerized communication system and in that, including a message use that uses any obscene, lewd, or profane language or suggest suggests any lewd or lascivious act. For the purposes of this paragraph, a message is harassing if it is discriminatory, targeted, and so severe, pervasive, and objectively offensive that it can be said to deprive the recipient of educational or employment opportunities or benefits.
(b) No person may, with intent to harass, annoy or offend another person, send by sending a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that, including a message use that uses any obscene, lewd or profane language or suggest suggests any lewd or lascivious act. For the purposes of this paragraph, a message is harassing if it is discriminatory, targeted, and so severe, pervasive, and objectively offensive that it could deprive the recipient of educational or employment opportunities or benefits.
(e) No person may, with intent to harass or annoy another person, send a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
(f) No person may, while intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, send a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
SECTION 2. UWS 18.11 (1) (h) is created to read:
UWS 18.11 (1) (h) No person may send a message to a person on an electronic mail or other computerized communication system that uses threatening or intimidating language. For the purposes of this paragraph, a message is threatening if the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular person or group of persons, and a message is intimidating if the speaker directs a threat to a person or group of persons with the intent of placing that person or group of persons in fear of bodily harm or death.
SECTION 3. UWS 18.11 (3) (d) is amended to read:
UWS 18.11 (3) (d) No person, with the intent may use a telephone to harass or offend, may telephone another and use another person, including using any obscene, lewd, or profane language or suggest suggesting any lewd or lascivious act. For the purposes of this paragraph, harassment occurs if the language used is discriminatory, targeted, and so severe, pervasive, and objectively offensive that it can be said to deprive the recipient of educational or employment opportunities or benefits.
SECTION 4. UWS 18.11 (3) (g) is created to read:
UWS 18.11 (3) (g) No person may use a telephone to threaten or intimidate another person. For the purposes of this paragraph, a threat occurs if the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular person or group of persons, and intimidation occurs if the speaker directs a threat to a person or group of persons with the intent of placing that person or group of persons in fear of bodily harm or death.
SECTION 5. EFFECTIVE DATE: The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. (END OF TEXT OF RULE)
