Current through September 30, 2024
Section UWS 4.05 - Adequate due process(1) A fair hearing for a faculty member whose dismissal is sought under s. UWS 4.01 shall include the following: (a) Service of written notice of hearing on the specific charges at least 10 days prior to the hearing;(b) A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought;(c) A right to be heard in the faculty member's defense;(d) A right to an advisor, counsel, or other representatives, and to offer witnesses;(e) A right to confront and cross-examine adverse witnesses. If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the hearing committee may reasonably restrict the faculty member or the complainant from questioning each other;(f) A verbatim record of all hearings, which might be a sound recording, provided at no cost;(g) Written findings of fact and decision based on the hearing record;(h) Admissibility of evidence governed by s. 227.45(1) to (4), Stats.(2) If the complaint involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the complainant shall have all the rights provided to the faculty member in sub. (1) (a) to (h), except as may be precluded by applicable state or federal law.Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 4.05
Cr. Register, January, 1975, No. 229, eff. 2-1-75; correction in (1) (h) made under s. 13.93(2m) (b) 7, Stats., Register, June, 1995, No. 474; correction in (1) (h) made under s. 13.93(2m) (b) 7, Stats., Register May 2007 No. 617.Amended by, CR 15-061: am. (1) (d), (e), cr. (2) Register June 2016 No. 726, eff. 7-1-16; correction in (2) under 35.17, Stats., Register June 2016 No. 726, eff.7/1/2016.Amended by, CR 20-059: am. (1) (c), (e) Register May 2021 No. 785, eff. 6/1/2021