Chapter 36

36.11(5) (5) Insurance.

36.11(5)(a) (a) The board may procure liability insurance covering the members of the board, any officer, employee, or agent, 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. 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) (6) Financial aids.

36.11(6)(a) (a) The board may:

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 February 10 of each year, 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 next fiscal 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) (8) Parking rules.

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 for the purpose of developing and operating parking or other transportation facilities, or campus safety or transportation-related programs, at the institution at which collected or 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 university 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 18.05, Wis. adm. code.

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(11m) (11m) Investment of certain moneys.

36.11(11m)(a) (a) The board may manage the investment of any revenues designated by the board, including revenues from gifts, grants, and donations, by doing any of the following:

36.11(11m)(a)1. 1. Directly employing a financial manager to oversee the investment of these funds.

36.11(11m)(a)2. 2. Contracting with the investment board to manage the investment of these funds.

36.11(11m)(a)3. 3. Selecting a private investment firm using the competitive sealed proposal process described in s. 16.75 (2m).

36.11(11m)(am) (am)

36.11(11m)(am)1. 1. If the board employs a financial manager under par. (a) 1. or selects a private investment firm under par. (a) 3., the designated revenues shall be managed in accordance with the investment policies established by the board and in compliance with the requirements under s. 112.11 if the designated revenues comprise an institutional fund, as defined in s. 112.11 (2) (e), or consistently with the same standard of responsibility under s. 112.11 (3) (b) if the designated revenues do not comprise an institutional fund.

36.11(11m)(am)2. 2. If the board contracts with the investment board under par. (a) 2., the designated revenues shall be managed as provided in s. 25.17 (9m).

36.11(11m)(b) (b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues designated under par. (a) in the state investment fund if the board invests these moneys as provided in pars. (a) and (am).

36.11(12) (12) Athletic programs; name, image, and likeness rights.

36.11(12)(a) (a) In this subsection:

36.11(12)(a)1. 1. “Athletic association or conference” means any of the following:

36.11(12)(a)1.a. a. An athletic association with authority over an intercollegiate athletic program.

36.11(12)(a)1.b. b. An athletic conference with authority over an intercollegiate athletic program.

36.11(12)(a)1.c. c. Any group or organization other than those specified in subd. 1. a. and b. with authority over an intercollegiate athletic program.

36.11(12)(a)2. 2. “Intercollegiate athletic program” means a program established by an institution that allows sports played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association or athletic conference that promotes or regulates collegiate athletics.

36.11(12)(a)3. 3. “Student athlete” means any student who attends or has agreed to attend an institution and participates or has agreed to participate in an intercollegiate athletic program.

36.11(12)(b) (b) The board may enter into agreements providing for the compensation of student athletes for use of the student athletes’ name, image, or likeness.

36.11(12)(c) (c) Neither the board nor an institution may adopt or enforce a policy that prohibits any of the following:

36.11(12)(c)1. 1. The use of a student athlete’s name, image, or likeness when the student athlete is not engaged in official team activities as defined by the board.

36.11(12)(c)2. 2. The student athlete from obtaining professional representation relating to the use of the student athlete’s name, image, or likeness, including representation by an agent or licensed attorney for legal matters.

36.11(12)(d) (d) The board may not use general purpose revenue to create, facilitate, negotiate, support, assist with, or otherwise enable opportunities for a student athlete to earn compensation for use of the student athlete’s name, image, or likeness.

36.11(12)(e) (e) Compensation paid to a student athlete under this subsection is not a grant under sub. (6).

36.11(12)(f) (f) A student athlete who enters into an agreement under this subsection to receive compensation for use of the student athlete’s name, image, or likeness is not an employee of the system because of the agreement.

36.11(12)(g) (g) A student athlete shall disclose in the manner prescribed by the board or institution each 3rd-party agreement for the use of the student athlete’s name, image, or likeness before the student athlete enters into the agreement.

36.11(12)(h) (h) A student athlete may not enter into an agreement for the use of the student athlete’s name, image, or likeness if any of the following applies:

36.11(12)(h)1. 1. Any provision of the agreement conflicts with a provision of an agreement of the board or with a policy of the board or a policy of the institution or an intercollegiate athletic program.

36.11(12)(h)2. 2. The compensation for the use of the student-athlete’s name, image, or likeness in the agreement is provided in exchange for any of the following:

36.11(12)(h)2.a. a. Athletic performance.

36.11(12)(h)2.b. b. Endorsement of cigarettes, as defined in s. 134.65 (1a) (a); tobacco products, as defined in s. 134.65 (1a) (c); electronic vaping devices, as defined in s. 134.65 (1a) (b); alcohol beverages, as defined in s. 125.02 (1); gambling, including sports betting and casino gambling; banned athletic substances, including anabolic steroids; any illegal substance or illegal activity; or any other activity proscribed by the board.

36.11(12)(i) (i) To protect competitive interests and student privacy, records relating to any of the following in the custody of the board, an institution, or another formally constituted subunit of the board are not subject to public inspection, copying, or disclosure under s. 19.35:

36.11(12)(i)1. 1. Any term or detail of an agreement or proposed agreement for the use of a student-athlete’s name, image, or likeness.

36.11(12)(i)2. 2. Generation, deployment, or allocation of revenue generated by an intercollegiate athletic program that are the subject of reasonable efforts under the circumstances to maintain the secrecy of the records, when competitive reasons require confidentiality.

36.11(12)(j) (j) Any person’s activity that compensates a student athlete for the use of the student athlete’s name, image, or likeness may not be considered an act on behalf of the board if the person is a separate legal entity from the board and the board does not own or control the person.

36.11(12)(k) (k) The board may enter into an affiliation agreement with a person to facilitate or assist with the development of opportunities for compensation of student athletes for use of their name, image, or likeness rights, and for management of agreements and program revenue for the benefit of student athletes and the board.

36.11(13) (13) Institutions’ funding allocation on the basis of enrollment decline and course credits awarded.

36.11(13)(a) (a) From the appropriation under s. 20.285 (1) (a), the board shall allocate a total of $15,250,000 in each fiscal year to institutions that have had, on average, a decline in student enrollment in the immediately preceding 10-year period. The board shall allocate the money to each qualifying institution in proportion to the full-time equivalent student enrollment at the institution in the most recent academic year for which this data is available.

36.11(13)(b) (b) From the appropriation under s. 20.285 (1) (a), the board shall allocate a total of $11,250,000 in each fiscal year to institutions in proportion to the aggregate number of course credits awarded to undergraduate students enrolled in the institution in the most recent academic year for which this data is available, except that no institution may receive more than 25 percent of the total amount of funds allocated under this paragraph.

36.11(13)(c) (c) Funding provided under this subsection is in addition to an institution’s allocation under ss. 36.09 (1) (h) and 36.112 and in addition to any other allocation of funding by the board.

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(16) (16) Commencement of fall semester. The board shall ensure that no fall semester classes at any institution, except medical school classes, graduate health science 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(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.a. a. The legal definitions of, and penalties for, sexual assault under ss. 940.225, 948.02 and 948.025, sexual exploitation by a therapist under s. 940.22 and harassment under s. 947.013.

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 department of justice 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 department of justice shall include the statistics in appropriate crime reports published by the department.

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), and subject to any prior lease entered into under s. 13.48 (14) (am) or 16.848 (1), 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.

36.11(29r) (29r) Economic development assistance reporting.