Right To Appeal Students who disagree with the determination of misconduct and/or the sanctions imposed by the instructor or investigating officer have rights to an academic misconduct hearing as described in UWS 14.07(8) If the sanction is University Probation, Suspension or Expulsion, the hearing is automatic (unless the student waives his or her right to the hearing in writing). For sanctions less than probation, the accused student has 10 days from receipt of electronic notification or written letter in which to contact the Dean of Students Office (130 Bowman Hall, 715-232-1181) and request a hearing before a Hearing Committee.
The hearing committee will usually consist of one faculty member, one academic staff member, and two students selected from a pool appointed by appropriate campus governance groups. The hearing may continue even if one of these members is absent. A Hearing Examiner appointed by the Chancellor will chair the committee.
If not requested in writing within 10 days, the sanction proposed by the Instructor or Investigating Officer stands as final. The student who is alleged of misconduct has the right to present evidence and witnesses that are directly relevant to the case at the hearing. He or she also has the right to question witnesses and evidence presented by the Investigating Officer or Instructor.
Most hearings will last one hour or less in order to accommodate our student, faculty and staff committee members busy schedules. In order to keep the hearing on task, the hearing examiner or committee chair may impose time limits. Students should plan to introduce their most important evidence first.
There is also a lesser burden of proof required in which the Examiner or Committee will determine its finding. In a Court of Law, the burden of proof is “beyond a reasonable doubt.” For UWS Chapter 14 hearings, the burden of proof that must be met is “clear and convincing evidence” if the sanction sought is suspension or expulsion. For all other Ch. 14 hearings, the burden of proof required is “a preponderance of the credible evidence.”
The hearing committee has the authority to dismiss the case should the Faculty Member or Investigating Officer not convince, based on the burden of proof, that academic misconduct as described in Chapter 14 occurred. If they determine that misconduct occurred, they have full authority to either uphold the sanction, lessen the sanction, or in some cases raise the sanction (a committee cannot however impose an expulsion or suspension sanction if it was not first recommended by the Instructor or Investigating Officer). Click here for a listing of possible sanctions.
Students with questions on how the hearing works and what is allowable should contact the Dean of Students Office (130 Bowman Hall, 715-232-1181).