Wisconsin Administrative Code

UWS 11.08 Suspension from duties.

UWS 11.09 Date of dismissal.

UWS 11.10 Board review.

UWS 11.11 Dismissal for cause-fixed term or probationary academic staff appointments.

UWS 11.12 Dismissal for cause-teaching members of the academic staff. Subchapter III — Procedures for Academic Staff Dismissal and Discipline in Title IX Cases

UWS 11.13 Subchapter III definitions.

UWS 11.14 Dismissal for cause or lesser discipline for Title IX misconduct. Subchapter I — General UWS 11.01 Dismissal for cause-indefinite academic staff appointments. (1) A member of the academic staff holding an indefinite appointment may be dismissed only for just cause under…

UWS 11.15 Application of Title IX misconduct disciplinary procedure. This disciplinary procedure for Title IX misconduct will be used only when all of the following requirements are met: (1) There is a formal Title IX complaint alleging Title IX misconduct on the basis of sex. (2…

UWS 11.16 Dismissal of formal Title IX complaint and related appeal. (1) The university shall dismiss formal Title IX complaints consisting of allegations that meet any of the following conditions: (a) The alleged conduct would not constitute Title IX misconduct if proved. (b) Th…

UWS 11.17 Investigation of Title IX misconduct allegations. (1) Unless the university dismisses a formal complaint, the university shall appoint an investigator to conduct an investigation of the allegations in the formal complaint. (2) The investigator shall provide the academic…

UWS 11.18 Review of evidence. (1) Prior to completion of the final investigative report, the investigator shall send to the academic staff member and complainant and their respective advisors, if any, the evidence gathered during the investigation for inspection and review by the…

UWS 11.19 Final investigative report. The investigator shall create a final investigative report that fairly summarizes relevant evidence and send the report to the academic staff member, the complainant, and their advisors, if any, for their review and response at least 10 days …

UWS 11.20 Standing academic staff committee and hearing examiner. (1) The chancellor of each university, in consultation with academic staff representatives, shall adopt policies providing for the designation of a Title IX misconduct hearing examiner. The chancellor shall select …

UWS 11.21 Adequate due process. (1) A fair hearing for an academic staff member against whom dismissal or other discipline is sought shall include all of the following: (a) Service of written notice of a live hearing on the allegations in the formal complaint at least 10 days pri…

UWS 11.22 Procedural guarantees. (1) Any hearing held shall comply with the requirements set forth in UWS 11.21. All of the following requirements shall also be observed: (a) The burden of proof of the existence of just cause to support dismissal, or of grounds to support other d…

UWS 11.23 Hearing committee or hearing examiner findings and recommendations to the chancellor. The hearing committee or hearing examiner shall simultaneously send to the chancellor, to the complainant, and to the academic staff member concerned, within 30 days after the conclusi…

UWS 11.24 Chancellor[s decision. (1) After reviewing the matter on record and considering any arguments submitted by the parties, the chancellor shall issue a decision. The chancellor may adopt the hearing committee or hearing examiner[s findings and recommendations as the chance…

UWS 11.25 Appeal to the board. (1) The academic staff member or complainant may file an appeal of the chancellor[s decision to the board. Any appeal must be made within 30 days of the date of the decision of the chancellor to dismiss. The board shall provide the academic staff me…

UWS 11.26 Suspension from duties in Title IX misconduct dismissal cases. Pending the final decision as to the chapter was last published. 9 UNIVERSITY OF WISCONSIN SYSTEM dismissal, an academic staff member with an indefinite appointment may not be relieved of duties, except wher…

UWS 11.27 Subchapter IV definition.

UWS 11.28 Dismissal for cause in special cases - indefinite academic staff appointments.

UWS 11.29 Serious criminal misconduct.

UWS 11.30 Reporting responsibility.

UWS 11.31 Expedited process.

UWS 11.32 Temporary suspension from duties without pay.

UWS 11.33 Board review. tion in this section. A person is unable to give consent if the person is in a state of incapacitation because of drugs, alcohol, physical or intellectual disability, or unconsciousness. (4) XConsultY or XconsultingY means thoroughly reviewing and discussi…

UWS 12.01 General. Notwithstanding s. 36.15, Stats., and chs. UWS 10 and 11, the chancellor of each institution or designee may layoff a member of the academic staff holding an indefinite appointment, or may layoff a member of the academic staff holding either a fixed term or a p…

UWS 12.02 Layoff. For the purpose of this chapter, XlayoffY is the suspension of an academic staff member[s employment by the University of Wisconsin System during the appointment period, for reasons of budget or program. A laid-off academic staff member retains the rights specif…

UWS 12.03 Individual layoff decision. When a reduction in program of a particular operational area is required, layoffs of academic staff members with indefinite, fixed term, or probationary appointments should normally follow seniority. This presumption in favor of seniority may…

UWS 12.04 Hearing body. The chancellor of each institution shall provide for a hearing body for the purposes of this chapter. Throughout this chapter the term Xhearing bodyY is used to indicate either a hearing committee or a hearing examiner as designated in the institutional pr…

UWS 12.05 Review and hearing for indefinite appointments. (1) An academic staff member with an indefinite appointment whose position is to be eliminated shall be notified in writing and shall, upon request made within 20 days after such notification, be given a written statement …

UWS 12.06 Review for fixed term and probationary academic staff members. Each institution shall establish procedures for an impartial review of the layoffs for reasons of budget or program of academic staff members with fixed term and probationary appointments. Nonrenewal is not …

UWS 12.07 Layoff status. (1) An academic staff member whose position has been eliminated according to the provisions of this chapter may, at the end of the appropriate notice period, be placed on layoff status, unless the layoff notice has been rescinded prior to that time. The a…

UWS 12.08 Alternative employment. Each institution shall devote its best efforts to securing alternative appointments within the institution in positions for which staff laid off under this chapter are qualified under existing criteria. Each institution should seek to provide fin…

UWS 12.09 Reappointment rights. Each institution shall establish administrative procedures and policies to insure compliance with s. 36.21, Stats., in providing that where layoffs occur for reasons of budget or program, no person may be employed in that operational area at that i…

UWS 12.10 Retention of salary. Any academic staff member reappointed within 3 years after layoff to reasonably comparable duties within the operational area shall be reappointed with a salary rate at least equivalent to the salary rate when laid off, together with such other righ…

UWS 12.11 Rights of academic staff members on layoff. An academic staff member on layoff status in accord with the provisions of this chapter has the reemployment rights guaranteed by s. UWS 12.09 or 12.10, and has the following minimal rights: (1) Such voluntary participation in…

UWS 13.01 Complaints. Each institution shall establish policies and procedures to deal with allegations by persons other than the academic staff member[s supervisor(s), including administrators, students, other academic staff, faculty, university staff, or members of the public c…

UWS 13.02 Grievances. Each institution shall establish policies and procedures for adjudicating grievances involving members of the academic staff. Such procedures shall include the designation of an individual or body with the power and authority to investigate and to recommend …

UWS 14.01 Statement of principles. The Board of Regents, administrators, faculty, academic staff and students of the University of Wisconsin System believe that academic honesty and integrity are fundamental to the mission of higher education and of the University of Wisconsin Sy…

UWS 14.02 Definitions. In this chapter: (1) XAcademic misconductY means an act described in s. UWS 14.03. (2) XAcademic misconduct hearing committeeY means the committee or hearing examiner appointed pursuant to s. UWS 14.15 to conduct hearings under s. UWS 14.08. (3) XChancellor…

UWS 14.03 Academic misconduct subject to disciplinary action. (1) Academic misconduct is an act in which a student: (a) Seeks to claim credit for the work or efforts of another without authorization or citation; (b) Uses unauthorized materials or fabricated data in any academic e…

UWS 14.04 Disciplinary sanctions. (1) The following are the disciplinary sanctions that may be imposed for aca- the chapter was last published. UWS 14.04 WISCONSIN ADMINISTRATIVE CODE demic misconduct in accordance with the procedures of s. UWS 14.05, 14.06 or 14.07: (a) An oral …

UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor. (1) Where an instructor concludes that a student enrolled in one of his or her courses has engaged in academic misconduct in the course, the instructor for that course may impose one or more of the follo…

UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct by the instructor. Where an instructor believes that a student enrolled in one of his or her courses has engaged in academic misconduct and the sanctions listed under s. UWS 14.04 (1) (a) through (c…

UWS 14.07 Disciplinary sanction imposed following a report of academic misconduct by the investigating officer. 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 …