322.1325322.1325 Article 132a - Retaliation. 322.1325(1)(a)(a) “Protected communication” means any of the following: 322.1325(1)(a)1.1. A lawful communication to a member of Congress, a member of the Wisconsin legislature, the governor, or an inspector general. 322.1325(1)(a)2.2. A communication to a member of the U.S. department of defense or the U.S. national guard bureau, a law enforcement officer, a state agency, a legislative service agency, a person in the chain of command, or a court-martial proceeding in which a member of the state military forces complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of a law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 322.1325(1)(b)(b) “Unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin. 322.1325(2)(2) Any person who, with intent to retaliate against any person for reporting or planning to report a criminal or military offense or for making or planning to make a protected communication, or with intent to discourage any person from reporting a criminal or military offense or making a protected communication, does any of the following shall be punished as a court-martial may direct: 322.1325(2)(a)(a) Wrongfully takes or threatens to take an adverse personnel action against any person. 322.1325(2)(b)(b) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person. 322.1325 HistoryHistory: 2023 a. 47. 322.133322.133 Article 133 — Conduct unbecoming an officer. Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct. 322.133 HistoryHistory: 2007 a. 200; 2023 a. 47. 322.134322.134 Article 134 — General section. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court shall be determined under s. 322.002 (2). 322.134 HistoryHistory: 2007 a. 200. 322.1345322.1345 Article 134h - Sexual harassment. Any person who knowingly makes an unwelcome sexual advance, demand, or request for a sexual favor or knowingly engages in other unwelcome conduct of a sexual nature shall be punished as a court-martial may direct if all of the following apply: 322.1345(1)(1) The sexual advance, demand, request, or conduct of a sexual nature satisfies any of the following conditions: 322.1345(1)(a)(a) It would, under the circumstances, cause a reasonable person to believe, and at least one person did believe, that submission to or rejection of such an advance, demand, request, or conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements or would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements. 322.1345(1)(b)(b) It was so severe, repetitive, or pervasive that a reasonable person would perceive, and at least one person did perceive, an intimidating, hostile, or offensive working environment. 322.1345(2)(2) The sexual advance, demand, request, or conduct of a sexual nature was to the prejudice of good order and discipline in the state military forces or of a nature to bring discredit upon the state military forces, or both. 322.1345 HistoryHistory: 2023 a. 47. MISCELLANEOUS PROVISIONS
322.135322.135 Article 135 — Courts of inquiry. 322.135(1)(1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested an inquiry. 322.135(2)(2) A court of inquiry consists of 3 or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. 322.135(3)(3) Any person whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. 322.135(4)(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. 322.135(5)(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. 322.135(6)(6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.