The alternative is to leave the rules as they are, burdensome and confusing. Rules with language repetitive of statutes are subject becoming outdated with any legislative change. Additional staff time would be required to amend the rule in every instance such as this, creating inefficiencies in state government. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The board shall, according to procedures established by rule:
1.
Certify to the department of administration the amount of funds to be distributed under pars. (d) to (g) and to be paid under (j).
2.
Determine the amount which is not distributed under subd. 1. which shall be invested under s.
25.17 (1) (jc).
Section
70.395 (2) (c) 1., Stats., authorizes the board to promulgate parts of ss.
Tax 13.05,
13.06,
13.07, and
13.08. Most of the statutorily authorized procedures are promulgated in s.
Tax 13.07 (2). The proposed rule seeks to repeal the portions of these sections which repeat statutory provisions and lack statutory authority for promulgation.
The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub (3) and ss.
293.65 (5) and
295.61 (9).
Sections
Tax 13.10 and
13.11 implement the board's policies regarding fiscal guidelines and accounting procedures clearly authorized by s.
70.395 (2) (hg), Stats.
The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. . (d), (f), (fm) and (g), sub (3) and ss.
293.65 (5) and
295.61 (9) for noncompliance with this section or rules adopted under this section.
Section
Tax 13.12 implements the board's policies regarding recoupment and withholding of payments clearly authorized by s.
70.395 (2) (hr), Stats.
The board may require financial audits of all recipients of payments made under pars. (d) to (g). The board shall require that all funds received under pars. (d) to (g) be placed in a segregated account.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 200 hours to develop the rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Counties, cities, towns, villages, tribes, school districts, and local impact committees, under ss.
293.33 and
295.443, Stats., that are affected by metalliferous mining in this state.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The investment and local impact board is not regulated by federal statutes or regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule will have minimal or no economic impact, as the policies behind the current statute and rule will not change. Any economic impact is likely to be positive, as the proposed rule will make the availability of funds to affected local communities less complex and burdensome.
The rule will have no economic impact on small business.
9. Contact Person
Nate Ristow, (608) 266-6466 or Dale Kleven, (608) 266-8253.
University of Wisconsin System
The statement of scope was approved by the governor on July 7, 2014.
Rule No.
Relating to
Dismissal of academic staff for cause.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The Board of Regents of the University of Wisconsin System (“Board") seeks to modify ch.
UWS 11, Dismissal of Academic Staff for Cause, to recognize published guidance from the U.S. Department of Education. In the guidance, the Department of Education has addressed expectations for higher education institutions to respond to sexual misconduct allegations involving school employees, including allegations of sexual assault.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
The current version of ch.
UWS 11 provides a disciplinary process for pursuing dismissal of academic staff, including cases of serious criminal misconduct, such as sexual assault.
The U.S. Department of Education has issued guidance related to sexual assaults at higher education institutions and has reaffirmed that Title IX protects students from sexual harassment carried out by school employees. Some of the expectations of the U.S. Department of Education may require modifications to the provisions under the current ch.
UWS 11 in order for them to be met.
The modifications contemplated by this rulemaking would incorporate into law some of the published expectations of the U.S. Department of Education. In particular, the new provisions would reflect the evidentiary burden of proof and the role of a complainant in the process.
If modifications are not made to ch.
UWS 11, the UW institutions will continue to adhere to the provisions of ch.
UWS 11 and to the federal guidance, but only to the extent that a conflict does not arise between the two. Further, following both policy guidance and the law may lead to confusion.
4. Detailed Explanation of Statutory Authority for The Rule (Including the Statutory Citation and Language)
Wis. Stat. s 36.15 (3): “Procedural Guarantees. A person having an academic staff appointment for a term may be dismissed prior to the end of the appointment term only for just cause and only after due notice and hearing. A person having an academic staff appointment for an indefinite term who has attained permanent status may be dismissed only for just cause and only after due notice and hearing. In such matters the action and decision of the board, or the appropriate official authorized by the board, shall be final, subject to judicial review under ch.
227. The board shall develop procedures for the notice and hearing which shall be promulgated as rules under ch.
227."
5. Estimate the Amount of Time that State Employees Will Spend Developing the Rule and Other Resources Necessary to Develop the Rule
50 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
All 13 four-year University of Wisconsin System institutions, all 13 UW Colleges and the University of Wisconsin Extension.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Title IX of the Education Amendments of 1972 provides that “[N]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Currently, there are no federal regulations interpreting this law with respect to addressing allegations of sexual misconduct; however, the U.S. Department of Education has issued guidance through Dear Colleague Letters which establish the federal agency's expectations for institutions of higher education that receive federal funding. This guidance is being enforced by the U.S. Department of Education through the Office for Civil Rights.
8. Anticipated Economic Impact of Implementing the Rule (Note if The Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact of the proposed rule.
Contact Person
Tomas Stafford, General Counsel, 608-262-2995.
University of Wisconsin System
The statement of scope was approved by the governor on July 7, 2014.
Rule No.
Relating to
Nonacademic student misconduct.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The Board of Regents of the University of Wisconsin System (“Board") seeks to modify ch.
UWS 17 regarding Student Nonacademic Misconduct to recognize the guidance that the U.S. Department of Education has published in regard to the manner in which higher education institutions should address and respond to sexual misconduct allegations involving a student, including sexual assault. Specifically, the Board seeks to amend ch.
UWS 17 by creating a new section that would provide a process under which such allegations would be handled by University of Wisconsin System institutions.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current version of ch.
UWS 17 provides a student disciplinary process under which allegations of a violation of those rules, including allegations of sexual misconduct, is handled. This process has been fair and effective since it was first published in 1996. In 2009, the Chapter was amended through the administrative rule-making process to update the Chapter and modify certain provisions to underscore the educational emphasis of the nonacademic student disciplinary process. The Chapter authorizes each institution of the University of Wisconsin System to adopt consistent policies and procedures.
In response to the guidance issued by the U.S. Department of Education in the last few years, the University of Wisconsin System Administration provided written guidance to UW institutions to acknowledge the U.S. Department of Education's expectations for the manner in which institutions handle sexual misconduct on campus. This guidance, however, was developed with the acknowledgment that it does not supersede ch.
UWS 17. Consequently, some of the expectations of the U.S. Department of Education cannot be met because they would conflict with certain provisions under the current Chapter, such as certain rights afforded only to an accused student.
The modifications contemplated by this rulemaking would incorporate into law what now exists in the System's Guidance and thus reflect best practices as well as the expectations of the U.S. Department of Education. Further, the modifications would permit the University to incorporate those expectations which now are inconsistent with the existing rule. Institutions would adopt policies consistent with the new Chapter.
The alternative would be to continue to operate with both Chapter
UWS 17 and the guidance. This, however, would be less effective and could lead to confusion. Instead of one single policy that is intended to be easily understood by students, the current framework includes ch.
UWS 17, the internal guidance provided by the University of Wisconsin System Administration, and guidance provided by the U.S. Department of Education.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wis. Stat. s.
36.35: “The board shall promulgate rules under ch.
227 governing student conduct and procedures for the administration of violations."
5. Estimate the Amount of Time that State Employees Will Spend Developing the Rule and Other Resources Necessary to Develop the Rule
50 hours.
6. List with description of all entities that may be affected by the proposed rule
All 13 four-year University of Wisconsin System institutions, all 13 UW Colleges and the students thereof.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Title IX of the Education Amendments of 1972 provides that “[N]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Currently, there are no federal regulations interpreting this law with respect to addressing allegations of sexual misconduct; however, the U.S. Department of Education has issued guidance through Dear Colleague Letters which establish the federal agency's expectations for institutions of higher education that receive federal funding. This guidance is being enforced by the U.S. Department of Education through the Office for Civil Rights.
8 Anticipated Economic Impact of Implementing the Rule (Note if The Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact of the proposed rule.
Contact Person
Tomas Stafford, General Counsel, 608-262-2995.
University of Wisconsin System
