Section 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 discipline, is on the university administration.(b) The standard of proof shall be a preponderance of the evidence.(c) No academic staff member who participated in the investigation of allegations leading to the filing of a statement of charges, or who participated in the filing of a statement of charges, or who is a material witness, shall be qualified to sit on the hearing committee in that case.(d) No university employee or other person who participated in the investigation of allegations leading to the filing of a statement of charges, or who participated in the filing of a statement of charges, or who is a material witness, shall be qualified to serve as the hearing examiner in that case.(e) The hearing shall be closed unless the academic staff member requests an open hearing, in which case it shall be open. Note: This right was intended to be given to the complainant as well. This will be corrected in future rulemaking.
Note: See subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies.
(f) The hearing committee may, on motion of the complainant or the academic staff member, disqualify any one of its members for cause by a majority vote. If one or more of the hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of the academic staff equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures adopted by the academic staff establishing the standing committee under this rule.(g) The hearing committee or the hearing examiner may 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 give effect to recognized legal privileges unless the person holding the privilege has waived it. The hearing committee or the hearing examiner shall follow the evidentiary rules in s. UWS 11.21(1) (h).(h) If the hearing committee requests, the chancellor shall provide legal counsel after consulting with the hearing committee concerning its wishes in this regard. The function of legal counsel shall be to advise the hearing committee, consult with them on legal matters, and such other responsibilities as shall be determined by the hearing committee within the provisions of the rules and procedures adopted by the academic staff of the institution in establishing the standing academic staff committee under this policy.(i) Nothing in this section shall prevent the settlement of cases by mutual agreement between the university administration, the complainant, and the academic staff member.(j) Delay or adjournment of the hearing for good cause may be granted. Good cause includes any of the following: 1. The need to investigate evidence as to which a valid claim of surprise is made.2. To ensure the presence of the academic staff member or the complainant, an advisor, or a witness.3. To provide language assistance or accommodation of disabilities.4. To accommodate concurrent law enforcement activity.Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 11.22
Adopted by, CR 20-061: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (intro.) made under s. 13.92(4) (b) 3, Stats., Register May 2021 No. 785, eff. 6/1/2021