Consequences for Offenders

Campus Consequences

Dean of Students-Disciplinary Procedure

UWS 17.05 Disciplinary Procedure:
The investigating officer may proceed in accordance with this section to impose, subject to hearing and appeal rights, one of 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 basis 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 non-academic misconduct did not in fact occur, or that no disciplinary sanction is warranted under the circumstance, the matter will be considered resolved without the necessity for further action.
  3. Process Following Determination by the Investigating Officer that Nonacademic Misconduct Occurred.
    1. 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.
    2. 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.
    3. A student who receives a written report under this section 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.

Dean of Students-Disciplinary Action

UWS 17.03 Nonacademic Misconduct Subject to disciplinary action.
The university may discipline a student in nonacademic matters in the following situations:
  1. Nonacademic Matters:
    1. For conduct which constitutes a serious danger to the personal safety of a member of the university community or guest.
    2. 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…
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 17.05-17.07:
    1. A reprimand
    2. Denial of specified university privileges
    3. Imposition of reasonable terms and conditions on continued student status
    4. Restitution
    5. Removal of the student from the course in progress
    6. Disciplinary probation
    7. Suspension; or
    8. Expulsion

Legal Consequences According to Wisconsin Law

For Sexual Assault/Rape Offenses

The following are the legal consequences that a person convicted of sexual assault or rape could face in the State of Wisconsin:

First Degree Sexual Assault:
Sexual intercourse or sexual contact without consent:

  • which causes pregnancy or great bodily harm or,
  • accomplished by use or threat of use of a dangerous weapon or,
  • while aided or abetted by one or more persons through the use or threat of force or violence.

Carries the following penalty: Class B Felony: Penalty for a Class B felony includes imprisonment not to exceed 20 years under Wisconsin Statutes § 939.50(3) (b)).

Second Degree Sexual Assault:
Sexual intercourse or sexual contact without consent:

  • through the use or threat of force or violence, or
  • which causes injury, illness, disease, or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care, or
  • sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient, or
  • sexual intercourse or sexual contact without consent while aided or abetted by one or more person,

Carries the following penalty: Class BC Felony Penalty for Class BC felony includes fines up to $10,000 and imprisonment not to exceed 10 years under Wisconsin Statutes § 939.50(3)(bc)).

Third Degree Sexual Assault:
Whoever has sexual contact involving ejaculation or sexual intercourse with a person without the consent of that person.

Carries the following penalty: Class D Felony Penalty for Class D felony includes a fine up to $10,000 and imprisonment not to exceed 5 years under Wisconsin Statutes § 939,50(3)(d)).

Fourth Degree Sexual Assault:
Sexual contact with a person without the consent of that person or sexual intercourse with a person 16-18 years old.

Carries the following penalty: Class A Misdemeanor Penalty for a class A misdemeanor includes a fine up to $10,000 and imprisonment not to exceed 9 months in the county jail under Wisconsin Statutes § 939.50(3)(bc)).

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For Stalking Offenses

Wisconsin Statute: 940.32 Stalking. (Paraphrased)

  1. In this section:
    2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:
    1. Maintaining a visual or physical proximity to the victim.
    2. Approaching or confronting the victim.
    3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.
    4. Appearing at the victim's home or contacting the victim's neighbors.
    5. Entering property owned, leased, or occupied by the victim.
    6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.
    7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim's family or household or an employer, coworker, or friend of the victim.
    8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
    9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.
    10. Causing a person to engage in any of the acts described in subds. 7. to 9.
  2. Whoever meets all of the following criteria is guilty of a Class I felony:
    1. The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to fear bodily injury to or the death of himself or herself or a member of his or her family or household.
    2. The actor intends that at least one of the acts that constitute the course of conduct will place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.
    3. The actor's acts induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

Examples of stalking:

Cyber stalking: emails, chat rooms, instant messengers, cell phones and pagers.

Following a person, watching a person from afar, continuous phone calls, delivering something to a person's residence, place of work, having other people make contact.

A Class I felony carries a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months or both.

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For Dating/Domestic Violence Offenses

Wisconsin Mandatory Arrest Law
An arrest shall be made if probable cause exists to believe that:
  1. A person had committed or is committing domestic abuse, and
  2. The person's actions constitute the commission of a crime, and
  3. Either or both of the following circumstances are present:
    1. The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely.
    2. There is evidence of physical injury to the alleged victim.
  4. An officer's decision as to whether or not to arrest may not be based on the consent of the victim to any subsequent prosecution, or on the relationship of the persons involved in the incident.
  5. An officer's decision not to arrest may not be based solely upon the absence of visible indications of injury or impairment.
  6. If a report of a domestic abuse incident and the alleged act of abuse occurred more than 28 days prior to the date reported, the officer is not mandated to arrest the alleged perpetrator.
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