Chapter 36

36.11(3)(cm)3. 3. Technical college collegiate transfer program offerings, as defined in s. 38.01 (3).

36.11(3)(cm)4. 4. Other courses for which the transfer of credits is accepted under par. (b) or (c).

36.11(3)(cm)5. 5. Core general education courses that are subject to the agreement required under s. 36.31 (2m) (b).

36.11(3)(d) (d) Each institution that has any of the following applicants shall charge a uniform application fee to that group of applicants:

36.11(3)(d)1. 1. Undergraduate applicants.

36.11(3)(d)2. 2. Graduate school applicants.

36.11(3)(d)3. 3. Law school applicants.

36.11(3)(d)4. 4. Medical school applicants.

36.11(3m) (3m) Guaranteed admission program.

36.11(3m)(a) (a) In this subsection:

36.11(3m)(a)1. 1. “College entrance examination score” means a composite ACT examination score resulting from a single test date.

36.11(3m)(a)2. 2. “Home-based private educational program” has the meaning given in s. 115.001 (3g).

36.11(3m)(a)3. 3. “Virtual private school” has the meaning given in s. 118.58 (1).

36.11(3m)(b) (b) The board shall establish a guaranteed admission program under which an applicant for undergraduate admission shall be admitted to the institution of the applicant’s choice if the applicant satisfies the requirements under this subsection.

36.11(3m)(c) (c) An applicant is eligible for guaranteed admission to an institution if all of the following apply:

36.11(3m)(c)1. 1. The applicant applies to the institution for admission as a first-year undergraduate student during the applicant’s 4th year of high school or final year of enrollment in a home-based private educational program in this state or in a virtual private school.

36.11(3m)(c)2. 2. Except as provided in par. (d), the applicant satisfies any of the following criteria:

36.11(3m)(c)2.a. a. The applicant is enrolled in a public, private, or tribal high school in this state and the applicant is ranked in the top 10 percent of the applicant’s high school class, as determined under s. 118.58.

36.11(3m)(c)2.b. b. The applicant is enrolled in a home-based private educational program in this state, or in a virtual private school and the applicant is a resident of this state, and the applicant achieves a college entrance examination score that places the applicant in the national 90th percentile ranking or higher.

36.11(3m)(c)2.c. c. The applicant has been designated as a finalist in the National Merit Scholarship Program administered by the National Merit Scholarship Corporation or has achieved an equivalent designation under a successor program or by a successor organization.

36.11(3m)(c)3. 3. The applicant has submitted a complete application by the regular decision application deadline, except that an applicant to the University of Wisconsin-Madison shall submit the application by the early action deadline.

36.11(3m)(c)4. 4. The applicant has completed any range of courses that the board has established as required for admission for all applicants, including those who do not apply under this subsection.

36.11(3m)(d) (d) An applicant is eligible for guaranteed admission to the University of Wisconsin-Madison only if the applicant satisfies any of the following criteria:

36.11(3m)(d)1. 1. The applicant is enrolled in a public, private, or tribal high school in this state and the applicant is ranked in the top 5 percent of the applicant’s high school class, as determined under s. 118.58.

36.11(3m)(d)2. 2. The applicant is enrolled in a home-based private educational program in this state, or in a virtual private school and the applicant is a resident of this state, and the applicant achieves a college entrance examination score that places the applicant in the national 98th percentile ranking or higher.

36.11(3m)(d)3. 3. The applicant has been designated as a finalist in the National Merit Scholarship Program administered by the National Merit Scholarship Corporation or has achieved an equivalent designation under a successor program or by a successor organization.

36.11(3m)(e) (e) If an applicant applies for admission to more than one institution, the applicant is eligible for guaranteed admission under this subsection to only one institution, as designated by the applicant but subject to par. (d).

36.11(3m)(f) (f) An institution may verify information provided by an applicant or appearing on an applicant’s high school transcript in determining an applicant’s eligibility for guaranteed admission under this subsection.

36.11(3m)(g) (g) An institution may revoke an offer of admission the institution extended to an applicant under this subsection if any of the following applies:

36.11(3m)(g)1. 1. The applicant is not granted a high school diploma prior to the institution’s scheduled enrollment date.

36.11(3m)(g)2. 2. The applicant engages in academic misconduct, or the applicant experiences significantly declining grades after the application is submitted, to an extent that would justify, under the institution’s admissions policies, revoking an offer of admission extended to an applicant who has not applied for admission under this subsection.

36.11(3m)(g)3. 3. The applicant misrepresented to the institution the applicant’s class rank, college entrance examination score, or status as a finalist in the National Merit Scholarship Program.

36.11(3m)(h) (h) This subsection does not guarantee an applicant admission to any specific program offered by an institution or to any specific college, school, or functional equivalent within an institution.

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) (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.