Current through August 26, 2024
(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.
