(1) A respondent who requests a hearing, or
for whom a hearing is scheduled under s.
UWS 17.11(4) (c)
2., for conduct defined in s.
UWS 17.09, shall have the right to decide whether the
matter shall be heard by a hearing examiner or a hearing committee.
(2) If a respondent requests a hearing under
s.
UWS 17.11(4) (c)
1., or a hearing is required to be scheduled
under s.
UWS 17.11(4) (c)
2., the student affairs officer shall take
the necessary steps to convene the hearing and shall schedule it within 15 days
of receipt of the request or written report. The hearing shall be conducted
within 45 days of receipt of the request or written report, unless a different
time period is mutually agreed upon by the respondent and investigating
officer, or is ordered or permitted by the hearing examiner or
committee.
(3) No less than 5 days
in advance of the hearing, the hearing examiner or committee shall obtain from
the investigating officer, in writing, a full explanation of the facts upon
which the determination of misconduct was based, and shall provide the
respondent with access to or copies of the investigating officer's explanation,
together with any other materials provided to the hearing examiner or committee
by the investigating officer, including any additional available information of
the type described in s.
UWS 17.11(4) (a)
2.
(4) The hearing shall be conducted in
accordance with the following guidance and requirements:
(a) The hearing process shall further the
educational purposes and reflect the university context of nonacademic
misconduct proceedings. The process need not conform to state or federal rules
of criminal or civil procedure, except as expressly provided in ch. UWS
17.
(b) The respondent shall have
the right to question adverse witnesses, the right to present information and
witnesses, the right to be heard on the respondent's own behalf, and the right
to be accompanied by an advisor of the respondent's choice. The advisor may be
a lawyer. In cases where the recommended disciplinary sanction is identified in
s. UWS 17.085(1) (a) to (h), the advisor may counsel the respondent but may not
directly question adverse witnesses, present information or witnesses, or speak
on behalf of the respondent except at the discretion of the hearing examiner or
committee. In cases where the recommended disciplinary sanction is identified
in s. UWS 17.085(1) (i) or (j), or where the respondent has been charged with a
crime in connection with the same conduct for which the disciplinary sanction
is sought, the advisor may question adverse witnesses, present information and
witnesses, and speak on behalf of the respondent. In accordance with the
educational purposes of the hearing, the respondent is expected to respond on
the respondent's own behalf to questions asked of the respondent during the
hearing.
(c) The hearing examiner
or committee:
1. Shall admit information that
has reasonable value in proving the facts, but may exclude immaterial,
irrelevant, or unduly repetitious testimony.
2. Shall observe recognized legal
privileges.
3. May take reasonable
steps to maintain order, and to adopt procedures for the questioning of a
witness appropriate to the circumstances of that witness's testimony, provided,
however, whatever procedure is adopted, the respondent is allowed to
effectively question the witness.
(d) The hearing examiner or 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. The respondent may access the record, except as may be
precluded by applicable state or federal law.
(e) The hearing examiner or committee shall
prepare written findings of fact and a written statement of its decision based
upon the record of the hearing.
(f)
A hearing examiner's or committee's finding of nonacademic misconduct shall be
based on one of the following:
1. Clear and
convincing evidence, when the sanction to be imposed is one of those listed in
s. UWS 17.085(1) (h) to (j).
2. A
preponderance of the evidence, when the sanction to be imposed is one of those
listed in s. UWS 17.085(1) (a) to (g).
(g) The hearing examiner or committee may
impose one or more of the disciplinary sanctions listed in s. UWS 17.085(1) (a)
to (g) that differs from the recommendation of the investigating officer.
Sanctions under s. UWS 17.085(1) (h) to (j) may not be imposed unless
previously recommended by the investigating officer.
(h) The hearing shall be conducted by the
hearing examiner or committee, and the university's case against the respondent
shall be presented by the investigating officer or the investigating officer's
designee.
(i) The decision of the
hearing examiner or committee shall be prepared within 14 days of the hearing,
and delivered to the respondent, excluding information that may be precluded by
state or federal law. The decision shall become final within 14 days of the
date on the written decision unless an appeal is taken under s.
UWS 17.13.
(j)
If the respondent fails to appear at a schedule hearing and to proceed, the
hearing examiner or committee may issue a decision based upon the information
provided.
(k) Disciplinary hearings
are subject to s.
19.85, Stats.,
Wisconsin Open Meetings of Governmental Bodies, and may be closed if the
respondent requests a closed hearing or if the hearing examiner or committee
determines it is necessary to hold a closed hearing. Deliberations of the
committee shall be held in closed session, in accordance with s.
19.85, Stats. As such,
proper notice and other applicable rules shall be followed.
