(1) If a student requests a hearing, or a
hearing is required to be scheduled under s.
UWS 14.07(5) (c) 2., the student affairs
officer shall take the necessary steps to convene the academic misconduct
hearing committee and shall schedule the hearing within 10 days of receipt of
the request or written report, unless a different time period is mutually
agreed upon by the student, instructor or investigating officer, and the
members of the hearing committee.
(2) Reasonably in advance of the hearing, the committee shall
obtain from the instructor or investigating officer, in writing, a full
explanation of the facts upon which the determination of misconduct was based,
and shall provide a copy of ch. UWS 14 to the student.
(3) The hearing before the academic
misconduct hearing committee shall be conducted in accordance with the
following requirements:
(a) The student shall
have the right to question adverse witnesses, the right to present evidence and
witnesses, and to be heard in his or her own behalf, and the right to be
accompanied by a representative of his or her choice.
(b) The hearing committee shall 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.
(c) The hearing
committee shall make a record of the hearing. The record shall include a
verbatim record of the testimony, which may be a sound recording, and a file of
the exhibits offered at the hearing. Any party to the hearing may obtain copies
of the record at his or her own expense. Upon a showing of indigency and legal
need, a party may be provided a copy of the verbatim record of the testimony
without charge.
(d) The hearing
committee shall prepare written findings of fact and a written statement of its
decision based upon the record of the hearing.
(e) The hearing committee may find academic misconduct and impose
a sanction of suspension or expulsion only if the proof of such misconduct is
clear and convincing. In other cases, a finding of misconduct must be based on
a preponderance of the credible evidence.
(f) The committee may impose a disciplinary sanction that differs
from the recommendation of the instructor or investigating officer.
(g) The instructor or the investigating
officer or both may be witnesses at the hearing conducted by the committee, but
do not have responsibility for conducting the hearing.
(h) The decision of the hearing committee
shall be served upon the student either by personal delivery, electronic means,
or first class United States mail and shall become final within 10 days of
service, unless an appeal is taken under s.
UWS 14.09.
