Section UWS 17.152 - Sexual misconduct disciplinary procedure(1) PROCESS. 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 17.085(1), for sexual misconduct defined in s. UWS 17.151, and conduct described in s. UWS 17.09 may be consolidated with sexual misconduct charges pursuant to this section and consistent with s. UWS 17.08. When responding to sexual misconduct, the university may take the following actions: (a) The university may consolidate disciplinary procedures as to allegations of sexual misconduct, as defined in s. UWS 17.151, against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual misconduct arise out of the same facts or circumstances.(b) In consultation with the complainant, the university may choose to address allegations of sexual misconduct with non-disciplinary measures outside the procedures of this chapter. Non-disciplinary measures may include supportive measures and protective measures for complainant, which may or may not involve the respondent.(2) TITLE IX MISCONDUCT. Either a complainant or the Title IX Coordinator may file the formal Title IX complaint as defined in s. UWS 17.02(8m). Unless a formal Title IX complaint is dismissed under par. (a) or (b), sexual misconduct under this section shall also be considered "Title IX misconduct" and require associated process. Dismissals will be handled as follows: (a) The university shall dismiss a formal Title IX complaint that does not meet all of the following requirements: 1. The alleged conduct is on the basis of sex and meets the definitions of sexual harassment, as defined in s. UWS 17.151(1) (a), or sexual assault, dating violence, domestic violence, or stalking, as defined in s. UWS 17.151(2) to (5).2. The alleged conduct occurred within a university "education program or activity," as defined in s. UWS 17.02(7m).3. The alleged conduct occurred against the complainant while in the United States.4. The complainant is participating in or attempting to participate in the university's education program or activity at the time the complaint is filed.(b) The university may dismiss a formal Title IX complaint if any of the following conditions are met at any time during the disciplinary procedure or hearing:1. The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal Title IX complaint or any allegations therein.2. The respondent is no longer enrolled in the university.3. Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal Title IX complaint or allegations therein.(c) Upon dismissal of a formal Title IX complaint, the university shall promptly send written notice of the dismissal and reason therefore simultaneously to the complainant and respondent. The complainant and respondent have the right to appeal the dismissal of a formal Title IX complaint under s. UWS 17.154(1).(d) Dismissal of a formal Title IX complaint does not preclude other university action under this chapter.(3) NOTICE OF INVESTIGATION. When the investigating officer concludes that proceedings under this section are warranted, the investigating officer shall promptly distribute a written notice of investigation in person, by telephone or by electronic mail, to the complainant and respondent. The notice of investigation shall include all of the following:(a) The details known at the time of issuing notice, including: 1. The identities of the complainant and respondent involved in the incident, if known.2. The conduct allegedly constituting sexual misconduct.3. The date and location of alleged incident, if known.(b) Notice to the complainant and respondent that they may have an advisor of their choice, who may be an attorney.(c) Notice to the complainant and respondent that they may inspect and review evidence collected during the investigation.(d) Notice that making a knowingly false statement or refusing to comply regarding a university matter may violate s. UWS 17.09(11) and could result in additional sanctions.(e) Notice that the respondent is presumed not responsible for the alleged sexual misconduct until a determination regarding responsibility is made at the conclusion of the disciplinary procedure.(f) Notice if the sexual misconduct disciplinary procedure also involves Title IX misconduct.(g) Information about the nonacademic misconduct process available under this chapter and about any available informal resolution process.(h) If, during the course of an investigation, the university decides to investigate allegations that are not included in the notice of investigation, the university shall send an amended notice of investigation with additional allegations.(4) INVESTIGATION. During the investigation, the investigating officer shall do all of the following:(a) Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.(b) Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.(c) Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding; the university may, however, establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.(d) Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.(e) Not access, consider, disclose, or otherwise use a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the university obtains that party's voluntary, written consent to do so for a grievance process under this section.(5) REVIEW OF EVIDENCE. Prior to completion of the final investigative report, as described in sub. (6), the university shall provide the complainant and respondent and their advisors, if any: (a) The evidence gathered during the university's investigation that is directly related to the allegations of sexual misconduct, in an electronic format or hard copy, regardless of whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. This shall include information upon which the university does not intend to rely in reaching a determination regarding responsibility as well as any inculpatory or exculpatory evidence.(b) At least 10 days to submit a written response to the evidence, which the investigator shall consider prior to completion of the final investigative report.(6) FINAL INVESTIGATIVE REPORT. The investigator shall create an investigative report that fairly summarizes relevant evidence. The final investigative report may contain recommended determinations as to whether sexual misconduct occurred and specification of any sanction recommended. The final investigative report shall be delivered simultaneously to the respondent and complainant and their advisors, if any, for their review and response at least 10 days prior to a hearing. Upon distribution of the final investigative report to the complainant and respondent, the following conditions shall apply: (a) The complainant and respondent have the right to a hearing under s. UWS 17.153 for a formal determination as to whether sexual misconduct occurred, potential disciplinary sanctions, or both.(b) The university shall proceed under s. UWS 17.153 to schedule a hearing on the matter. A hearing shall be conducted unless the complainant and respondent waive, in writing, the right to such a hearing or otherwise voluntarily choose to proceed with a settlement agreement or informal resolution under s. UWS 17.156.Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 17.152
Adopted by, CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (2) (intro.) made under s. 35.17, Stats., and correction in (1) (intro.), (2) (c), (6) (a), (b) made under s. 13.92, (4) (b) 7., Stats., Register May 2021 No. 785, eff. 6/1/2021Amended by, correction in (2) (a) 1. made under s. 35.17, Stats., Register July 2021 No. 787, eff. 8/1/2021