36.09 Annotation
Student and faculty voting participation on the Board of Regents is limited to duly appointed members, but hat does not preclude the board or any committee thereof from utilizing groups of nonmembers in advisory capacities. 60 Atty. Gen. 395.
36.09 Annotation
The Board of Regents has no authority to provide a deferred salary plan for employees other than through the state teachers retirement system or the Wisconsin retirement fund. 61 Atty. Gen. 6.
36.09 Annotation
A ruling by the chancellor of the University of Wisconsin-Eau Claire denying a request to conduct door-to-door solicitation in residence halls did not violate constitutional rights. 61 Atty. Gen. 373.
36.09 Annotation
The leasing of university buildings to a religious congregation during nonschool days and hours on a temporary basis while the congregation's existing facility is being renovated and leasing convention space to a church conference would not violate the separation of church and state provisions of the 1st Amendment and Art. I, s. 18. 63 Atty. Gen. 374.
36.09 Annotation
Regents should identify how compulsory fees will be used to necessarily and conveniently further the objects of the university before approving a segregated fee. Regent's duties are unchanged under sub. (5). 63 Atty. Gen. 385.
36.09 Annotation
The financing of student organizations through mandatory student fees does not violate the 1st amendment if viewpoint neutrality is the operational principal. Board of Regents v. Southworth,
529 U.S. 217,
146 L. Ed. 2d 193 (2000).
36.09 Annotation
With one exception, the university's system, as required by Southworth, for distributing compelled fees collected from university students to student groups that delegates funding decisions to the student government was subject to sufficient limits. Southworth v. Board of Regents of the University of Wisconsin System,
307 F.3d 566 (2002).
36.09 Annotation
Although the first amendment establishment clause of the U.S. constitution neither compels nor authorizes the University to categorically exclude funding of activities related to worship, proselytizing, and sectarian religious instruction with segregated fees, the University may nevertheless be able to exclude some or all of the activities to which it objects. The University is free to enact viewpoint neutral rules restricting access to segregated fees, for it may create what is tantamount to a limited public forum if the principles of viewpoint neutrality are respected. However, before excluding an activity from the segregated fee forum pursuant to a content-based distinction, the University must explain specifically why that particular activity, viewed as a whole, is outside the forum's purposes. Roman Catholic Foundation v. The Regents of the University of Wisconsin System,
578 F. Supp. 2d 1121. Affirmed.
620 F.3d 775 (2010).
36.11
36.11
Powers and duties of the board of regents. 36.11(1)(1)
Protection of people; custody and management of property. 36.11(1)(a)(a) The board may promulgate rules under
ch. 227 to protect the lives, health and safety of persons on property under its jurisdiction and to protect such property and to prevent obstruction of the functions of the system. Any person who violates any rule promulgated under this paragraph may be fined not more than $500 or imprisoned not more than 90 days or both.
36.11(1)(b)
(b) Except as provided in this paragraph, the board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law. Any lease is subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under
s. 233.03 (13) and the rights of the authority under any lease agreement, as defined in
s. 233.01 (6). The board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under
s. 13.48 (12). The board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state. All purchases and sales of real property shall be subject to the approval of the building commission. The provision of all leases of real property to be occupied by the board shall be the responsibility of the department of administration under
s. 16.84 (5).
36.11(1)(c)
(c) The board may promulgate rules under
ch. 227 for the management of all property under its jurisdiction, for the care and preservation thereof and for the promotion and preservation of the orderly operation of the system in any or all of its authorized activities and in any or all of its institutions with forfeitures for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. Forfeitures shall not exceed $500.
36.11(1)(cm)
(cm) The board shall promulgate rules under
ch. 227 prescribing the times, places and manner in which political literature may be distributed and political campaigning may be conducted in state-owned residence halls. No such rule may authorize any activity prohibited under
s. 11.36 (3) or
(4).
36.11(1)(d)
(d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with
s. 59.25 (3) (f) and
(j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with
ss. 778.13 and
778.17.
36.11(1)(e)
(e) The board, with the approval of the building commission, may sell or lease state-owned residence halls to another state agency or nonstate nonprofit agency for purposes of alternate use.
36.11 Cross-reference
Cross-reference: See also chs.
UWS 18 and
21, Wis. adm. code.
36.11(2)(a)(a) The board shall have concurrent police power, with other authorized peace officers, over all property subject to its jurisdiction, and all property contiguous to such property at the University of Wisconsin-Parkside if owned by a nonprofit corporation the primary purpose of which, as determined by the board, is to benefit the system. Such concurrent police authority shall not be construed to reduce or lessen the authority of the police power of the community or communities in which a campus may be located. All campus police officers shall cooperate with and be responsive to the local police authorities as they meet and exercise their statutory responsibilities. The designated agents of the board may arrest, with or without warrant, any person on such property who they have reasonable grounds to believe has violated a state law or any rule promulgated under this chapter and deliver such person to any court having jurisdiction over the violation and execute a complaint charging such person with the violation. This subsection does not impair the duty of any other peace officers within their jurisdictions to arrest and take before the proper court persons found violating any state law on such property.
36.11(2)(b)
(b) The board may employ police for the institutions and chiefs to head such police, or contract for police, all of whom shall be deemed peace officers under
s. 939.22 (22) under the supervision and control of the appropriate chancellor or the chancellor's designees. Such police officers shall meet the minimum standards established for other police officers by the law enforcement standards board or a comparable agency. Such police shall preserve the peace on all property described under
par. (a), enforce all rules promulgated under this chapter and all other laws, and for that purpose the chancellor or the chancellor's designee may call for aid from such other persons as is deemed necessary.
36.11 Cross-reference
Cross-reference: See also ch.
UWS 18, Wis. adm. code.
36.11(3)(a)(a) The board shall establish the policies for admission within the system and within these policies each institution shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests or any tests based upon race, religion, national origin of U.S. citizens or sex shall ever be allowed in the admission of students thereto.
36.11(3)(b)
(b) The board shall establish policies for the appropriate transfer of credits between institutions within the system, including the designation of those courses which shall be transferable between and within institutions without loss of credit toward graduation or toward completion of a specific course of study.
36.11(3)(c)
(c) The board may establish policies for the appropriate transfer of credits with other educational institutions outside the system.
36.11(3)(cm)
(cm) The board shall establish and maintain a computer-based credit transfer system that shall include, but not be limited to, the following:
36.11(3)(cm)1.
1. All transfers of credit between institutions within the system.
36.11(3)(cm)4.
4. Other courses for which the transfer of credits is accepted under
par. (b) or
(c).
36.11(3)(d)1.1. Except as provided in
subd. 2., the board shall require that a $44 fee accompany each application for admittance from persons seeking admittance to any school within the system as new freshmen or as transfer students from outside the system. The board may exempt from the fee under this subdivision, on the basis of financial need, a maximum of 5% of the applications in any school year. The board shall ensure that no less than $9 of the fee is used for admission application expenses.
36.11(3)(d)2.
2. The board shall require that a $56 fee accompany each application for admittance to a graduate school, law school or medical school within the system. The board shall ensure that no less than $11 of the fee is used for admission application expenses.
36.11(3)(d)3.
3. Of the fee received with each application under
subds. 1. and
2., the board shall provide $3 for the support of the higher education location program under
s. 36.25 (36).
36.11(4)
(4) Injunctive relief. The board may obtain injunctive relief to enforce this chapter or any rules promulgated under this chapter.
36.11(5)(a)(a) The board may procure liability insurance covering the members of the board, any officer, employee or such students whose activities may constitute an obligation or responsibility of the system.
36.11(5)(b)
(b) The board may procure insurance to cover injuries sustained by students as a result of their participation in intercollegiate athletics. The board may not use general purpose revenue to pay for such insurance. With respect to any of the risks to be covered by the insurance, the board may contract for the services of a claims administrator and may obtain coverage by any combination of self-insurance, excess or stop-loss insurance or blanket insurance.
36.11(6)(a)1.
1. Make grants to students from funds budgeted to or controlled by the system and formulate policies and promulgate rules for the grants.
36.11(6)(a)2.
2. Make grants equivalent in value to the payment of incidental fees to disabled residents of the state who are recommended and supervised by the department of workforce development under
s. 47.02.
36.11(6)(b)
(b) The board may not make a grant under
par. (a) to a person whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
36.11(6)(c)
(c) By April 10, 1998, and annually thereafter, the board shall develop and submit to the higher educational aids board for its review under
s. 39.285 (1) a proposed formula for the awarding of grants under
s. 39.435, except for grants awarded under
s. 39.435 (2) or
(5), for the upcoming academic year to students enrolled in the system.
36.11(7)
(7) Confer degrees. The board may confer such degrees and grant such diplomas as are usual in universities or as it deems appropriate.
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), 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), 2009 stats., 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.
