36.11(8)(a)(a) The board may make general policies and shall authorize the chancellors to adopt rules regulating the parking of motor vehicles on property under their jurisdiction. Such rules shall not be subject to
ch. 227.
36.11(8)(b)
(b) The board shall establish fines for the violation of any rule made under
par. (a). The institutions are authorized to collect such fines together with moneys collected from the sale of parking permits and other fees established under
par. (a) and such moneys shall be paid into the state treasury and credited to
s. 20.285 (1) (h), to be used only for the purpose of developing and operating parking or other transportation facilities at the institution at which collected and for enforcing parking rules under
par. (a).
36.11 Cross-reference
Cross Reference: See also s.
UWS 18.05, Wis. adm. code.
36.11(8e)
(8e) Parking fees. The board shall direct each institution within the system to charge a parking fee for the parking of motor vehicles by students, faculty, academic and classified staff and visitors at campus. The board shall require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require the recovery of the costs of land for parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee. College campus facilities owned by a county are not required to charge a parking fee.
36.11 Cross-reference
Cross Reference: See also s.
UWS 18.06, Wis. adm. code.
36.11(8m)
(8m) Transportation planning. The board shall direct the administrative officers of each campus to work with the regional planning commissions and the local authorities of the community in which the campus is located to evaluate the transportation needs of the campus population. The board shall require each campus to develop a transportation plan for the campus to effect energy resource conservation and efficient use of transportation resources. The plan shall include pedestrian walkways, bikeways, bike routes, bicycle storage racks, car and van pools and, to the extent feasible, improved mass transit services. The transportation plans shall detail parking management strategies which provide incentives for the use of mass transit and high occupancy vehicles.
36.11(9)
(9) Condemnation. The board may acquire by condemnation proceedings under
ch. 32 such parcels of land as it deems necessary for the use of any institution whenever the board is unable to agree with the owner upon the compensation therefor, or whenever the absence or legal incapacity of such owner, or other cause, prevents or unreasonably delays, such agreement.
36.11(10)
(10) University fund. The board may expend such portion of the income of the university fund on or at the University of Wisconsin-Madison as is appropriated by the legislature for the erection of buildings and the purchase of equipment or books.
36.11(11)
(11) Surplus money. The board may invest any of the surplus money designated in
s. 20.285 (1) (h) in such securities as are legal for trust fund investments; or invest such funds or any part thereof, in the senior or junior bonds or obligations which may be issued by such nonprofit-sharing corporation as may be contracted with by the board for the construction or equipment of dormitories, commons or field houses, which bonds or obligations shall be secured by a mortgage or pledge of the buildings or improvements erected or to be erected by such corporations and by a mortgage or pledge of its leasehold interest. Any interest on any of such bonds or securities shall when received be added to the revolving funds and may be used for the purposes set forth in this subsection.
36.11(12)(a)(a) The board may participate in the formation and maintenance of a nonprofit-sharing corporation sponsored by participating colleges, universities and libraries for the purpose of providing and operating a central library depository at a location in a midwestern state for the storage of little used books and other library and research materials of participating institutions, and which corporation may also perform other functions for the benefit of participating institutions such as, without limitation because of enumeration, the correlating of library catalogs of the participating institutions, the coordinating and planning of the purchasing by each institution of costly or infrequently used books and research materials in order to avoid unnecessary duplication and facilitating the loaning of library books and other library and research materials between participating institutions. The board shall possess all powers necessary or convenient to accomplish the foregoing, including the authority to designate representatives or members of such corporation in accordance with its articles and bylaws.
36.11(12)(b)
(b) The board may make use of and pay for the use of the facilities and services of such nonprofit-sharing corporation, but the board shall retain title to all books and materials deposited with such corporation for storage or loaned to other participating institutions and the authority of the board to expend funds for the purchase of land, the construction of buildings and additions to buildings and the purchase of equipment for the purpose of providing such facilities shall be limited to funds appropriated under
s. 20.285. Except as hereinbefore provided, the appropriations to the board are to be available for the purposes of this subsection to the extent that such appropriation may be applicable and without reference to whether any particular appropriation is available for expenditure at any institution.
36.11(13)
(13) Auxiliary reserves. Auxiliary enterprise reserve funds established prior to merger of this state's public institutions of higher education for the benefit or support of an institution or group of institutions shall not be utilized for any other purpose.
36.11(15)
(15) Tax deferred annuities. The board may continue all salary reduction agreements with its employees pursuant to section
403 (b) of the internal revenue code. The board may enter into new salary reduction agreements with its employees pursuant to section
403 (b) of the internal revenue code or other applicable federal law and may purchase annuities for its employees pursuant to these agreements from such annuity providers, both public and private, as the board deems appropriate.
36.11(15m)
(15m) Football coaches pension plan. The board may deduct contributions from the salaries of football coaches employed in the system who are eligible and wish to participate in the qualified pension plan for football coaches established as the American football coaches retirement trust, and remit the deductions to the administrator of that plan, if the American football coaches retirement trust or the administrator or agent of the plan indemnifies the board and its employees against, and holds the board and its employees harmless from, all claims and demands associated with the plan.
36.11(16)
(16) Commencement of fall semester. The board shall ensure that no fall semester classes at any institution, except medical school classes and 4th year classes at the school of veterinary medicine, commence until after September 1.
36.11(17)
(17) Sabbatical leave for instructional faculty. The board may grant sabbatical leave of up to one year to instructional faculty, in order to recognize and enhance teaching efforts and excellence, under rules and procedures adopted by the board, subject to the following conditions:
36.11(17)(a)
(a) Sabbatical leave may be granted only to those faculty members who have completed 6 or more years, or the equivalent, of full-time instructional service in the system.
36.11(17)(b)
(b) Only one sabbatical leave may be granted for each 6 years of full-time instructional service in the system with preference given to those who have been making significant contributions to teaching and have not had a leave of absence except under
s. 103.10, regardless of source of funding, in the previous 4 years.
36.11(17)(c)
(c) Sabbatical leave shall be granted for the purposes of enhancing teaching, course and curriculum development or conducting research or any other scholarly activities related to instructional programs within the field of expertise of the faculty member taking such leave.
36.11(17)(d)
(d) Sabbatical leave shall be approved by appropriate faculty and administrative committees.
36.11(17)(e)
(e) A faculty member shall receive compensation while on sabbatical leave, but such compensation, when combined with outside compensation earned while on leave, shall not exceed the full compensation normally received from the system.
36.11(17)(f)
(f) The faculty member taking a sabbatical leave shall agree to return to the institution from which leave was granted for at least one year after the termination of the sabbatical or return any compensation received from the system during the sabbatical.
36.11(17)(g)
(g) Funding for the sabbatical leave program shall be provided from the existing general operations appropriation for the system.
36.11(18)
(18) Midwest technology development institute. The board may maintain membership of this state in the midwest technology development institute.
36.11(19)
(19) Furnishing of services to school districts. 36.11(19)(a)(a) The board may furnish, and school districts may accept, services for educational study and research projects and they may enter into contracts under
s. 66.0301 for that purpose.
36.11(19)(b)
(b) A group of school districts, if authorized by each school board, may form a nonprofit-sharing corporation to contract with the state or the board for the furnishing of the services specified in
par. (a).
36.11(19)(c)
(c) The corporation shall be organized under
ch. 181 and shall have the powers there applicable. Members of the school boards specified in
par. (b) may serve as incorporators, directors and officers of the corporation.
36.11(19)(d)
(d) The property of the corporation shall be exempt from taxation.
36.11(19)(e)
(e) The corporation may receive gifts and grants and be subject to their use, control and investment as provided in
s. 118.27, and the transfer of the property to the corporation shall be exempt from income, franchise and death taxes.
36.11(21)
(21) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by a college campus or institution or by the system, that constitutes a violation of
ch. 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a system environment that is free from controlled substances, as defined in
s. 961.01 (4), and controlled substance analogs, as defined in
s. 961.01 (4m).
36.11(22)
(22) Orientation program; information on sexual assault and sexual harassment. 36.11(22)(a)(a) The board shall direct each institution and college campus to:
36.11(22)(a)1.
1. Incorporate in its orientation program for newly entering students oral and written or electronic information on sexual assault and sexual harassment, as defined in
s. 111.32 (13), including information on sexual assault by acquaintances of the victims and on all of the following:
36.11(22)(a)1.b.
b. Generally available national and state statistics, and campus statistics as compiled under
par. (c) and as reported under
par. (d), on sexual assaults and on sexual assaults by acquaintances of the victims.
36.11(22)(a)1.c.
c. The rights of victims under
ch. 950 and the services available at the institution or college campus and in the community to assist a student who is the victim of sexual assault or sexual harassment.
36.11(22)(a)1.d.
d. Protective behaviors, including methods of recognizing and avoiding sexual assault and sexual harassment and locations in the community where courses on protective behaviors are provided.
36.11(22)(a)2.
2. Annually supply to all students enrolled in the institution or college campus printed or electronic material that includes all of the information under
par. (a).
36.11(22)(b)
(b) Annually, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3). The report shall indicate the methods each institution and college campus have used to comply with
par. (a).
36.11(22)(c)
(c) Any person employed at an institution who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution that the student has been sexually assaulted shall report to the dean of students of the institution. The dean of students shall compile reports for the purpose of disseminating statistical information under
par. (a) 1. b.
36.11(22)(d)
(d) Annually, each institution shall report to the office of justice assistance in the department of administration statistics on sexual assaults and on sexual assaults by acquaintances of the victims that occurred on each campus of the institution in the previous year. The office of justice assistance shall include the statistics in appropriate crime reports published by the office.
36.11(23)
(23) Board staff. The board shall provide office space, furnishings and supplies for the staff provided by the department of administration under
s. 16.57.
36.11(23m)
(23m) Compliance with environmental laws. The board shall designate 2 positions, funded from the appropriation under
s. 20.285 (3) (a), to coordinate system compliance with state and federal laws relating to the environment.
36.11(24)
(24) State documents. The board shall assure that each campus identifies and collects significant state documents, as defined in
s. 35.81 (3), relating to administration and academic programs of that campus. The board shall provide for the identification and collection of significant state documents, as defined in
s. 35.81 (3), published by the board or the system administration.
36.11(25)
(25) Training of health professionals. The board shall promote public awareness of, access to and training of health professionals for rural and underserved urban areas.
36.11(26)
(26) Building program planning and approval. The board shall establish a process for submission of building projects to the building commission for approval. No building project for the system may be submitted by the board to the building commission unless the project is developed and approved by the board in conformity with this subsection. This subsection does not apply to building projects of the University of Wisconsin Hospitals and Clinics Authority.
36.11(27)
(27) Condition on financial assistance. The board may not provide any state financial assistance under this chapter to any person during the period that the person is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473 if the person has not so registered.
36.11(28)
(28) Lease agreement with the University of Wisconsin Hospitals and Clinics Authority. Subject to
1995 Wisconsin Act 27, section 9159 (2) (k), the board shall negotiate and enter into a lease agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under
s. 233.04 (7) and shall comply with
s. 233.04 (7g).
36.11(28m)
(28m) Affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority. Subject to
1995 Wisconsin Act 27, section 9159 (2) (k), the board shall negotiate and enter into an affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under
s. 233.04 (7m) and shall comply with
s. 233.04 (7p).
36.11(29)
(29) Other agreements with the University of Wisconsin Hospitals and Clinics Authority. The board may enter into joint purchasing contracts and other contracts, rental agreements and cooperative agreements and other necessary arrangements with the University of Wisconsin Hospitals and Clinics Authority which may be necessary and convenient for the missions, objects and uses of the University of Wisconsin Hospitals and Clinics Authority authorized by law. Purchasing contracts and agreements are subject to
s. 16.73 (5).
36.11(29m)
(29m) Report on expenditures. Beginning in the 1996-97 fiscal year, annually the board shall report to the department of administration and the joint committee on finance the amount of expenditures from the appropriations under
s. 20.285 (1) (h) and
(iz) and
(3) (iz) in the previous fiscal year that were in excess of the dollar amounts shown in the appropriation schedule under
s. 20.005 (3) for those appropriations in the previous fiscal year.
36.11(30)
(30) Information technology reports. The board shall prepare and submit reports to the joint committee on information policy and technology upon request of the committee under
s. 13.58 (5) (b) 3.
36.11(32)
(32) Computer services data collection. The board shall collect and maintain data necessary to calculate numerical measures of the efficiency and effectiveness of the mainframe computer services provided by the board at the University of Wisconsin-Madison.
36.11(33)
(33) Report on management and staff positions. 36.11(33)(a)(a) The board shall categorize each position in the system as either a management position or a staff position. The board shall define "management" and "staff" for the purposes of this paragraph.
36.11(33)(b)
(b) By January 1, 1998, and annually thereafter by January 1, the board shall submit a report to the joint committee on finance that includes all of the following:
36.11(33)(b)1.
1. The definitions of "management" and "staff" used by the board under
par. (a).
36.11(33)(b)3.
3. The criteria used by the board to categorize the positions.
36.11(33)(b)4.
4. The current number of authorized positions in each category at each campus.
36.11(34)
(34) Mathematics programs evaluation. From the appropriation under
s. 20.285 (1) (a), annually the board shall allocate $25,000 to the University of Wisconsin-Milwaukee for the purpose of evaluating a pilot mathematics program conducted by the school district operating under
ch. 119. This subsection does not apply after June 30, 2003.
36.11(35)
(35) Student identification numbers. The board may assign to each student enrolled in the system a unique identification number. The board shall not assign to any student an identification number that is identical to or incorporates the student's social security number. This subsection does not prohibit the board from requiring a student to disclose his or her social security number, nor from using a student's social security number if such use is required by a federal or state agency or private organization in order for the system or the student to participate in a particular program.
Effective date note
NOTE: Sub. (35) (title) is renumbered s. 36.32 (title) and sub. (35) is renumbered s. 36.32 (2) and amended, all eff. 7-1-06, by
2003 Wis. Act 282.
36.11(36)
(36) Aquaculture demonstration facility. The board, in consultation with representatives of the aquaculture industry, shall operate the aquaculture demonstration facility authorized under
1999 Wisconsin Act 9, section 9107 (1) (i) 3.
36.11(36m)
(36m) School safety research. The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under
s. 38.04 (27), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.
36.11(37)
(37) Extension local planning program. The board shall offer a local planning program through the extension to educate local policymakers about local planning and the grant program under
s. 16.965.
36.11(39)
(39) Gaylord Nelson chair of integrated environmental studies. The board shall establish the Gaylord Nelson chair of integrated environmental studies and seek private funding for this chair.
36.11(40)
(40) Center for cooperatives. The board shall maintain a center for cooperatives at the University of Wisconsin-Madison.
36.11(43)
(43) Programming at University of Wisconsin-Green Bay. The board shall ensure that the University of Wisconsin-Green Bay implements programming that is jointly developed by the University of Wisconsin-Green Bay and the Oneida Tribe.
36.11(44)
(44) Report on courses. By October 31, 2001, and annually by October 31 thereafter, the board shall submit a report to the cochairpersons of the joint committee on finance that contains the number and type of, and the number of students enrolled in, each course offered by the system for which the academic fees or tuition charged equals at least 100% of the cost of offering the course.
36.11(46)
(46) Fond du Lac Avenue corridor study. The board shall ensure that the Center for Economic Development at the University of Wisconsin-Milwaukee completes an economic development study of the Fond du Lac Avenue corridor from North Avenue to Capitol Drive in Milwaukee.
36.11(47)
(47) Armed Forces. If a student who is a resident of Wisconsin and a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from school after September 11, 2001, because he or she is called into state active duty under
ch. 21 or into active service with the U.S. armed forces for at least 30 days, the board shall, at the student's request, do one of the following for all courses from which the student had to withdraw:
36.11(47)(a)
(a) Reimburse the student all tuition and fees paid for all the courses and a prorated portion of room and board payments.
36.11(47)(b)
(b) Grant the student an incomplete in all the courses and permit the student to complete the courses, within 6 months after leaving state service or active service, without paying additional tuition or fees.
36.11(48)
(48) Report on utility charges; assessment of certain utility charges. The board shall ensure that the University of Wisconsin-Madison reports annually to the department of administration on utility charges in the following fiscal year to fund principal and interest costs incurred in purchasing the Walnut Street steam and chilled-water plant enumerated under
2003 Wisconsin Act 33, section 9106 (1) (g) 2., and the methodology used to calculate those charges. The board may not assess the utility charges until the charges are approved by the department of administration.
36.11 History
History: 1973 c. 335;
1975 c. 39,
41,
224,
400;
1977 c. 29,
418;
1979 c. 32 s.
92 (8);
1979 c. 221;
1981 c. 20;
1983 a. 27,
366;
1983 a. 435 s.
7;
1983 a. 484;
1985 a. 62,
120;
1985 a. 332 ss.
47,
49,
50;
1985 a. 332 s.
251 (1);
1987 a. 27,
287;
1989 a. 31,
56,
121,
177,
359;
1991 a. 39,
203,
250,
269,
285,
315;
1993 a. 16,
213,
227,
399;
1995 a. 27 ss.
1757 to
1762y,
9130 (4);
1995 a. 201,
404,
448;
1997 a. 3,
27,
128,
237;
1999 a. 9,
29;
1999 a. 150 ss.
7,
351;
2001 a. 16,
22;
2003 a. 33,
69,
149,
282.
36.11 Annotation
The Board of Regents has the power to make reasonable rules governing student use of automobiles on university property and can enforce them by imposing reasonable monetary penalties and withholding records. A student court can be designated by the board of regents as an auxiliary enterprise. Moneys collected must be paid into the general fund. By regent action, they may be appropriated therefrom for operation of that activity. 59 Atty. Gen. 82.
36.11 Annotation
The collective bargaining agreement between the University of Wisconsin and the teaching assistants association is valid. 59 Atty. Gen. 200.
36.11 Annotation
A valid collective bargaining contract between the Board of Regents and the union representing unclassified employees may not be impaired, during its term, by the current or a future Board of Regents or the legislature. 60 Atty. Gen. 64.
36.11 Annotation
The legality of student and faculty voting participation on the Board of Regents is discussed. 60 Atty. Gen. 395.
36.11 Annotation
The University of Wisconsin System may sell a dormitory that no longer is needed for educational purposes upon terms that are agreeable to the Wisconsin state agencies building corporation and H.U.D. to guarantee the payment of the bonds issued for the initial construction of the building. 63 Atty. Gen. 252.
36.11 Annotation
Campus police have jurisdiction under sub. (2) to arrest only on campuses unless deputized by a sheriff. Local ordinances are not applicable on campus. 68 Atty. Gen. 67.
36.12
36.12
Student discrimination prohibited. 36.12(1)
(1) No student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.
36.12(2)(a)(a) The board shall direct each institution to establish policies and procedures to protect students from discrimination under
sub. (1). The policies and procedures shall do all of the following:
