Nonacademic Disciplinary Procedures UWS 17

Chapter UWS 17

NONACADEMIC DISCIPLINARY PROCEDURES

UWS 17.01 Policy statement.
UWS 17.02 Definitions.
UWS 17.03 Nonacademic misconduct subject to disciplinary action.
UWS 17.04 Disciplinary sanctions.
UWS 17.05 Disciplinary procedure.
UWS 17.06 Hearing.
UWS 17.07 Appeal to the chancellor.
UWS 17.08 Discretionary appeal to the board of regents.
UWS 17.09 Settlement.
UWS 17.10 Effect of discipline within the institution.
UWS 17.11 Effect of discipline within the university system.
UWS 17.12 Right to petition for readmission.
UWS 17.13 Designation of investigating officer.
UWS 17.14 Nonacademic misconduct hearing committee: institutional option.
UWS 17.15 Notice to students.
UWS 17.16 Consistent institutional policies.
UWS 17.17 Emergency suspension.

UWS 17.01 Policy statement. The board of regents, administration, faculty, academic staff and students of the university of Wisconsin system believe that the teaching, learning, research and service activities of the university can flourish only in an environment that is safe from violence and free of harassment, fraud, theft, disruption and intimidation. The university has a responsibility to identify basic standards of nonacademic conduct necessary to protect the community, and to develop procedures to deal effectively with instances of misconduct while observing the procedural and substantive rights of students. Any person who violates state or federal laws on university property may face prosecution in the appropriate courts. In addition, students, faculty or staff who violate university standards are subject to university disciplinary action. This chapter describes the standards and procedures for addressing nonacademic misconduct by students.

UWS 17.02 Definitions. In this chapter:

(1) ‘‘Chancellor” means the chancellor or designee.

(2) ‘‘Course of conduct” means a pattern of conduct composed

of a series of acts over a period of time, however short, evidencing

a continuity of purpose.

(3) ‘‘Days” means calendar days.

(4) ‘‘Disciplinary file” means the record maintained by the

student affairs officer responsible for student discipline.

(5) ‘‘Disciplinary probation” means a status in which a student

may remain enrolled in the university only upon the condition

that the student complies with specified standards of conduct

or other requirements or restrictions on privileges, for a specified

period of time, not to exceed 24 months.

(6) ‘‘Disciplinary sanction” means any action listed in s. UWS

17.04 (1) taken in response to student nonacademic misconduct.

(7) ‘‘Expulsion” means termination of student status with

resultant loss of all student rights and privileges.

(8) ‘‘Harassment” means:

(a) Striking, shoving, kicking or otherwise subjecting another

person to physical contact or attempting or threatening to do the

same with the intent to harass or intimidate that person; or

(b) Engaging in a course of conduct or repeatedly committing

acts which harass or intimidate another person, which serve no

legitimate purpose, and which are intended to harass or intimidate

another person.

(9) ‘‘Hearing examiner” means an individual appointed by the

chancellor in accordance with s. UWS 17.14 (2) for the purpose

of conducting a hearing under s. UWS 17.06.

(10) ‘‘Institution” means any university, center, or an organizational

equivalent designated by the board.

(11) ‘‘Investigating officer” means an individual, or his or her

designee, appointed by the chancellor of each institution to carry

out certain responsibilities in the course of investigations of nonacademic misconduct under this chapter.

(12) ‘‘Members of the university community” means students

and employees of the university.

(13) ‘‘Nonacademic misconduct hearing committee” or

‘‘committee” means the committee or hearing examiner

appointed pursuant to s. UWS 17.14 to conduct hearings under s.

UWS 17.06.

(14) ‘‘Stalking” means repeatedly following or remaining in

visual or physical proximity to a person, or repeatedly conveying

verbal or written threats or threats implied by conduct, or a combination thereof, where:

(a) Such conduct is intentional;

(b) Such conduct is directed at a person;

(c) Such conduct would cause a reasonable person to be in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint;

(d) The actor has knowledge or should have knowledge that

the specific person will be placed in reasonable apprehension of

death, bodily harm, sexual assault, confinement or restraint; and

(e) The acts induce reasonable apprehension of death, bodily

harm, sexual assault, confinement or restraint.

(15) ‘‘Student” means any person who is registered for study

in an institution for the academic period in which the misconduct

occurred, or between academic periods, for continuing students.

(16) ‘‘Student affairs officer” means the dean of students or

student affairs officer designated by the chancellor to carry out

duties described in this chapter.

(17) ‘‘Suspension” means a loss of student status for a specified

length of time, not to exceed 24 months, with resultant loss

of all student rights and privileges.

UWS 17.03 Nonacademic misconduct subject to

disciplinary action. The university may discipline a student in

nonacademic matters in the following situations:

(1) (a) For conduct which constitutes a serious danger to the

personal safety of a member of the university community or guest.

(b) Examples of the conduct prohibited by this subsection

include, but are not limited to: engaging in conduct that is a crime

involving danger to property or persons, as defined in s. UWS

18.06 (22) (d); attacking or otherwise physically abusing, threatening to physically injure or physically intimidating a member of the university community or a guest; attacking or throwing rocks

or other dangerous objects at law enforcement personnel, or inciting others to do so; selling or delivering a controlled substance, as defined in ch. 961, Stats., or possessing a controlled substance

with intent to sell or deliver; removing, tampering with or otherwise

rendering useless university equipment or property intended

for use in preserving or protecting the safety of members of the university

(2) (a) For stalking or harassment.

(b) This subsection does not apply to conduct that is or acts that

are protected by a person’s right to freedom of speech or to peaceably assemble with others under the state and U.S. Constitutions, including, but not limited to, any of the following:

1. Giving publicity to and obtaining or communicating information

regarding any subject, whether by advertising, speaking or

patrolling any public street or any place where any person or persons may lawfully be.

2. Assembling peaceably.

3. Peaceful picketing or patrolling.

(3) For conduct that seriously damages or destroys university

property or attempts to damage or destroy university property, or

the property of a member of the university community or guest.

(4) (a) For conduct that obstructs or seriously impairs or

attempts to obstruct or seriously impair university−run or

university− authorized activities, or that interferes with or impedes

the ability of a member of the university community, or guest, to

participate in university−run or university−authorized activities.

(b) Examples of the conduct prohibited under this subsection

include, but are not limited to: preventing or blocking physical

entry to, or exit from, a university building, corridor or room;

engaging in shouted interruptions, whistling, or similar means of

interfering with a classroom presentation or a university−sponsored

speech or program; obstructing a university officer or

employee engaged in the lawful performance of duties; obstructing

or interfering with a student engaged in attending classes or

participating in university−run or university−authorized activities;

or knowingly disrupting access to university computing

resources, or misusing university computing resources.

(5) For unauthorized possession of university property or

property of another member of the university community or guest.

(6) For acts which violate the provisions of ch. UWS 18, Conduct

on University Lands.

(7) For knowingly making a false statement to any university

employee or agent regarding a university matter, or for refusing

to identify oneself to such employee or agent.

(8) For violating a standard of conduct, or other requirement

or restriction imposed in connection with disciplinary action.

UWS 17.04 Disciplinary sanctions. (1) The following

are the disciplinary sanctions that may be imposed for nonacademic

misconduct, in accordance with the procedures of ss. UWS

17.05 to 17.07:

(a) A reprimand;

(b) Denial of specified university privileges;

student status;

(d) Restitution;

(e) Removal of the student from the course in progress;

(f) Disciplinary probation;

(g) Suspension; or

(h) Expulsion.

(2) One or more of the disciplinary sanctions listed in sub. (1)

may be imposed for an incident of nonacademic misconduct.

(3) Disciplinary sanctions shall not include the cut−off or

revocation of student financial aid; however, this shall not be

interpreted as precluding the individual operation of rules or

standards governing eligibility for student financial aid under which

the imposition of a disciplinary sanction could result in disqualification

of a student for financial aid.

UWS 17.05 Disciplinary procedure. The investigating

officer may proceed in accordance with this section to impose,

subject to hearing and appeal rights, one or more of the disciplinary

sanctions listed in s. UWS 17.04 (1).

(1) CONFERENCE WITH STUDENT. When the investigating officer

concludes that proceedings under this section are warranted,

the investigating officer shall promptly offer to discuss the matter

with the student. The purpose of this discussion is to permit the

investigating officer to review with the student the bases for his

or her belief that the student engaged in nonacademic misconduct,

and to afford the student an opportunity to respond. If the student

does not respond to the investigating officer’s offer to discuss the

matter, the investigating officer may proceed to make a

determination on the basis of the available information.

(2) DETERMINATION BY THE INVESTIGATING OFFICER THAT NO

DISCIPLINARY SANCTION IS WARRANTED. If, as a result of a discussion under sub.

(1), the investigating officer determines that nonacademic

misconduct did not in fact occur, or that no disciplinary

sanction is warranted under the circumstances, the matter will be

considered resolved without the necessity for further action.

(3) PROCESS FOLLOWING DETERMINATION BY THE INVESTIGATING

OFFICER THAT NONACADEMIC MISCONDUCT OCCURRED. (a) If,

as a result of a discussion or review of available information under

sub. (1), the investigating officer determines that nonacademic

misconduct did occur and that one or more of the disciplinary

sanctions listed under s. UWS 17.04 (1) should be recommended,

the investigating officer shall prepare a written report which shall

contain the following:

1. A description of the misconduct;

2. Specification of the sanction sought;

3. Notice of the student’s right to a hearing before the nonacademic

misconduct hearing committee; and

4. A copy of this chapter and of the institutional procedures

adopted to implement this section.

(b) The written report shall be delivered personally to the student

or be mailed to the student by regular first class United States

mail at his or her current address, as maintained at the institution.

has the right to a hearing before the nonacademic misconduct

hearing committee under s. UWS 17.06 to contest the

determination that nonacademic misconduct occurred, or the choice

of disciplinary sanction, or both.

1. Where the disciplinary sanction sought is one of those

listed in s. UWS 17.04 (1) (a) to (f), and the student desires the

hearing before the nonacademic misconduct hearing committee,

the student must file a written request with the student affairs

officer within 10 days of personal delivery or mailing of the written

report. If the student does not request a hearing within this period,

the determination of nonacademic misconduct shall be regarded

as final, and the disciplinary sanction sought shall be imposed.

2. Where the disciplinary sanction sought is suspension or

expulsion under s. UWS 17.04 (1) (g) or (h), the investigating

officer shall forward a copy of the written report under par. (b) to

the student affairs officer. The student affairs officer shall, upon

receipt of the written report, proceed under s. UWS 17.06, to

schedule a hearing on the matter. A hearing will be conducted

unless the student waives, in writing, the right to such a hearing.

UWS 17.06 Hearing. (1) If a student requests a hearing,

or a hearing is required to be scheduled under s. UWS 17.05 (3)

convene the nonacademic misconduct hearing committee or have

a hearing examiner designated, and shall schedule the hearing

within 15 days of receipt of the request or written report. The

hearing shall be conducted within 45 days of receipt of the request

or written report, unless a different time period is mutually agreed

upon by the student and investigating officer, or is ordered or

permitted by the committee.

(2) A student who requests a hearing, or for whom a hearing

is scheduled under s. UWS 17.05 (3) (c) 2., shall have the right to

decide whether the matter will be heard by a hearing committee

or a hearing examiner.

(3) Reasonably in advance of the hearing, the committee shall

obtain from the investigating officer, in writing, a full explanation

of the facts upon which the determination of misconduct was

based, and shall provide the student with access to or copies of the

investigating officer’s explanation, together with any other materials

provided to the committee by the investigating officer.

(4) The hearing before the nonacademic misconduct hearing

committee shall be conducted in accordance with the following

requirements:

(a) The student shall have the right to question adverse witnesses,

the right to present evidence and witnesses, and to be heard

in his or her own behalf, and the right to be represented by an

individual of his or her choice, at his or her own expense.

(b) The committee shall not be bound by common law or statutory

rules of evidence and may admit evidence having reasonable

probative value, but shall exclude immaterial, irrelevant, or

unduly repetitious testimony, and shall observe recognized legal

privileges.

record shall include a verbatim record of the testimony, which

may be a sound recording, and a file of the exhibits offered at the

hearing. Any party to the hearing may obtain copies of the record

at his or her own expense. Upon a showing of indigence and legal

need, a party may be provided a copy of the verbatim testimony

without charge.

(d) The committee shall prepare written findings of fact and a

written statement of its decision based upon the record of the hearing.

(e) The committee may find nonacademic misconduct and

impose a sanction of suspension or expulsion only if the proof of

such misconduct is clear and convincing. In other cases, proof of

the misconduct shall be established by a preponderance of the

credible evidence.

(f) The committee may impose one or more of the disciplinary

sanctions listed in s. UWS 17.04 (1) (a) to (f) that differs from the

recommendation of the investigating officer. Suspension or

expulsion under s. UWS 17.04 (1) (g) and (h) may not be imposed

unless recommended by the investigating officer.

(g) The investigating officer or another institutional representative

shall present the case against the student. The investigating

officer may be a witness at the hearing conducted by the

committee, but does not have responsibility for conducting the hearing.

(h) The decision of the committee shall be prepared within 10

days of the hearing, and served upon the student either by personal

delivery or by first class United States mail to his or her current

address as maintained by the institution. The decision shall

become final within 10 days of personal delivery or mailing,

unless an appeal is taken under s. UWS 17.07.

(i) Failure of a party to appear at a scheduled hearing and proceed

shall constitute default. The committee may either dismiss

the case, or, upon a prima facie showing, find that the student

committed the misconduct alleged.

(j) Hearings to receive evidence or hear argument shall be public

unless the student whose case is being heard requests a closed

hearing or the committee determines that it is necessary to hold a

closed hearing for a reason specified under s. 19.85, Stats. The

deliberations of the committee shall not be public.

UWS 17.07 Appeal to the chancellor.

(1) Where the sanction prescribed by the hearing committee is

suspension or expulsion, the student may appeal to the chancellor

to review the decision of the hearing committee based upon the

record. In such a case, the chancellor shall sustain the decision of

the nonacademic misconduct hearing committee unless the chancellor finds:

(a) The evidence of record does not support the findings or

recommendations of the hearing committee;

(b) Established procedures were not followed by the nonacademic

misconduct hearing committee and material prejudice to

the student resulted; or

federal law regarding equal educational opportunities.

(2) If the chancellor makes a finding under sub. (1), the chancellor

may remand the matter for consideration by a different

hearing committee, or may invoke an appropriate remedy of his

or her own.

UWS 17.08 Discretionary appeal to the board of

regents. Institutional decisions under ss. UWS 17.05 to 17.07

shall be final, except that the board of regents may, at its discretion,

grant a review upon the record.

UWS 17.09 Settlement. The procedures set forth in this

chapter do not preclude a student from agreeing that nonacademic

misconduct occurred and to the imposition of a sanction, or to

other terms or conditions, after proper notice has been given. Any

such agreement shall be reduced to writing which, when signed by

the student, shall conclude the case.

UWS 17.10 Effect of discipline within the institution.

Students who are, at the time of commencement, subject to

a disciplinary sanction under s. UWS 17.04 (1) (d) to (f), or who

are under charges as a result of a report under s. UWS 17.05 (3)

awarded degrees during the pendency of the sanction or disciplinary

proceeding.

UWS 17.11 Effect of discipline within the university

system. Suspension or expulsion shall be systemwide in effect.

(1) A student who is suspended or expelled from one institution

in the university of Wisconsin system may not enroll in

another institution in the system unless the suspension has expired

by its own terms or one year has elapsed after the student has been

suspended or expelled.

(2) No person who is in a state of suspension or expulsion

from the university under this chapter, or who takes leave or

resigns under charges after being charged by the university under

this chapter, may enter any campus without the written consent of

the chief administrative officer.

(3) Upon completion of a suspension period, a student who is

academically eligible may re−enroll in the institution which

suspended him or her as if no suspension had been imposed.

UWS 17.12 Right to petition for readmission. A student

who has been expelled may petition for readmission, and a

student who has been suspended may petition for readmission

prior to the expiration of the suspension period. The petition for

readmission must be in writing and directed to the chancellor of

the institution from which the student was suspended or expelled.

The petition may not be filed before the expiration of one year

from the date of the final determination in expulsion cases, or

before the expiration of one−half of the suspension period in

suspension cases. The chancellor shall, after consultation with

elected representatives of the faculty, academic staff, and stu

dents, adopt procedures for determining whether such petitions

will be granted or denied.

UWS 17.13 Designation of investigating officer. The

chancellor of each institution shall designate an investigating officer

or officers for allegations of student nonacademic misconduct.

The investigating officer shall have responsibility for investigating

student nonacademic misconduct and initiating procedures for

nonacademic misconduct under s. UWS 17.05.

UWS 17.14 Nonacademic misconduct hearing committee:

institutional option. The chancellor of each institution,

in consultation with faculty, academic staff, and student

representatives, shall adopt policies providing for the establishment

of a student nonacademic misconduct hearing committee and

designation of a hearing examiner to fulfill the responsibilities of the

nonacademic misconduct hearing committee in this chapter.

(1) A student nonacademic misconduct hearing committee

shall consist of at least 3 persons, including a student or students,

except that no such committee shall be constituted with a majority

of members who are students. The presiding officer shall be

appointed by the chancellor. The presiding officer and at least one

other member shall constitute a quorum at any hearing held

pursuant to due notice.

(2) A hearing examiner shall be selected by the chancellor

from the faculty and staff of the institution.

UWS 17.15 Notice to students. Each institution shall

publish and make freely available to students copies of ch. UWS

17 and any institutional policies implementing ch. UWS 17.

UWS 17.16 Consistent institutional policies. Each

institution is authorized to adopt policies consistent with this

chapter. A copy of such policies shall be filed with the board of

regents and the university of Wisconsin system office of academic

affairs.

UWS 17.17 Emergency suspension. A student may be

temporarily suspended, pending final institutional action on a

report of nonacademic misconduct, in accordance with the

procedures of this section.

(1) The chancellor of each institution is authorized to suspend

a student temporarily where the investigating officer has offered

the student the opportunity for discussion under s. UWS 17.05 (1);

and the investigating officer recommends a sanction of suspension

or expulsion; and the chancellor determines that the student’s

continued presence on campus:

(a) Would constitute a potential for serious harm to himself or

herself;

(b) Would constitute a potential for serious harm to other members

of the university community;

or university−authorized activities; or

(d) Would constitute a potential for serious harm to university

facilities or property.

(2) Before imposing a temporary suspension, the chancellor

shall evaluate the information indicating that the conditions specified

in sub. (1) are present. If the chancellor concludes, based on

the available information, that these conditions are present and

that a temporary suspension is warranted, he or she shall promptly

notify the student in writing, either by personal delivery or by regular

first class United States mail at his or her current address as

maintained at the institution, of the intent to impose a temporary

suspension, and shall provide the student with an opportunity to

be heard in response.

(3) The hearing on the temporary suspension shall be held as

soon as practicable after the student is notified of the intent to

impose the temporary suspension.

(4) The issue at the hearing on the temporary suspension shall

be whether the conditions specified in sub. (1) are present, and a

temporary suspension is warranted.

(5) The chancellor’s decision may be rendered orally, but shall

be confirmed in writing as soon as practicable after the hearing,

with written notice provided to the student either delivered

personally, or by regular first class United States mail at his or her

current address, as maintained at the institution.

(6) If the chancellor determines that the conditions specified

in sub. (1) are not present, or that a temporary suspension is not

warranted, the case shall proceed in accordance with s. UWS

17.06. If the chancellor determines that the conditions specified

in sub. (1) are present, and a temporary suspension is warranted,

the temporary suspension shall be in effect pending the final

institutional decision in the matter.

(7) Where a temporary suspension is imposed, the hearing on

the underlying allegations of misconduct shall be held within 21

days of the imposition of the temporary suspension, unless the

student agrees to a later date. In no case shall a temporary

suspension remain in effect for longer than 30 days, unless the

student agrees to a longer period.

(8) The chancellor’s decision to impose a temporary suspension

in accordance with this section shall be final.