University of Wisconsin Oshkosh
Student Discipline Code
UW Oshkosh students are subject in their behavior to the Wisconsin Administrative Code, as well as specific disciplinary procedures duly adopted for our campus. Specific provisions of Chapters 14, 17, and 18 of the Code are included herein. The UW Oshkosh provisions can be found following the UWS policy in each chapter. The UW System disciplinary code and UW Oshkosh provisions are available to all students in the Dean of Students Office, Polk Library, Reeve Memorial Union Office, Oshkosh Student Association (OSA) Office, Residence Life Office, and in each residence hall. Any questions may be directed to the Dean of Students Office, Dempsey 125, which administers the University's student discipline code. Chapter
UWS 14
Chapter
UWS 17
Chapter
UWS 18 Other University Policies/Information Guidelines for Possession and Consumption of Alcohol Beverages Statement
of Acceptable Use of Computing Resources Complaints Pertaining to the Conduct of Registered Student Organizations Sexual Assault and Sexual Harassment: Definitions, Prevention and Resource Use of Skateboards, Roller Skates, Roller Blades, and Similar Wheeled Devices
Student Academic Disciplinary Procedures UWS 14.01 Statement of principles UWS 14.02 Definitions UWS 14.03 Academic misconduct subject to disciplinary action UWS 14.04 Disciplinary sanctions UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct by the instructor UWS 14.07 Disciplinary
sanction imposed following a report of academic misconduct by the
UWS 14.08 Hearing UWS 14.09 Appeal to the chancellor UWS 14.10 Discretionary appeal to the board of regents UWS 14.11 Settlement UWS 14.12 Effect of discipline within the university system UWS 14.13 Right to petition for readmission UWS 14.14 Investigating officer UWS 14.15 Academic misconduct hearing committee: institutional option UWS 14.16 Notice to students UWS 14.17 Notice to instructors UWS 14.18 Consistent institutional policies Note: See ch. UWS 17 for rules on student nonacademic disciplinary procedures. UWS 14.01 Statement of principles. The board of regents, administrators, faculty, academic staff and students of the University of Wisconsin System believe that academic honesty and integrity are fundamental to the mission of higher education and of the university of Wisconsin system. The university has a responsibility to promote academic honesty and integrity and to develop procedures to deal effectively with instances of academic dishonesty. Students are responsible for the honest completion and representation of their work, for the appropriate citation of sources, and for respect of others' academic endeavors. Students who violate these standards must be confronted and must accept the consequences of their actions. In this chapter: (1) "Academic misconduct" means an act described in s. UWS 14.03. (2) "Academic misconduct hearing committee" means the committee or hearing examiner appointed pursuant to s. UWS 14.15 to conduct hearings under s. UWS 14.08. (3) "Chancellor" means the chancellor or designee. (4) "Days" means calendar days. (5) "Disciplinary file" means the record maintained by the student affairs officer responsible for student discipline. (6) "Disciplinary probation" means a status in which a student may remain enrolled in the university only upon the condition that the student complies with specified standards of conduct for a specified period of time, not to exceed 2 semesters. (7) "Disciplinary sanction" means any action listed in s. UWS 14.04 taken in response to student academic misconduct. (8) "Expulsion" means termination of student status with resultant loss of all student rights and privileges. (9) "Hearing examiner" means an individual appointed by the chancellor in accordance with s. UWS 14.15 for the purpose of conducting a hearing under s. UWS 14.08. (10) "Institution" means any university or center, or organizational equivalent designated by the board. (11) "Instructor" means the faculty member or instructional academic staff member who has responsibility for the overall conduct of a course and ultimate responsibility for the assignment of the grade for the course. (12) "Investigating officer" means an individual, or his or her designee, appointed by the chancellor of each institution to carry out certain responsibilities in the course of investigations of academic misconduct under this chapter. (13) "Student" means any person who is registered for study in an institution for the academic period in which the misconduct occurred. (14) "Student affairs officer" means the dean of students or student affairs officer designated by the chancellor to carry out duties described in this chapter. (15) "Suspension" means a loss of student status for a specified length of time, not to exceed 2 years, with resultant loss of all student rights and privileges. UWS 14.03 Academic misconduct subject to disciplinary action. (1) Academic misconduct is an act in which a student:
(2) Examples of academic misconduct include, but are not limited to: cheating on an examination; collaborating with others in work to be presented, contrary to the stated rules of the course; submitting a paper or assignment as one's own work when a part or all of the a paper or assignment as one's own work when a part or all of the paper or assignment is the work of another; submitting a paper or assignment that contains ideas or research of others without appropriately identifying the sources of those ideas; stealing examinations or course materials; submitting, if contrary to the rules of a course, work previously presented in another course; tampering with the laboratory experiment or computer program of another student; knowingly and intentionally assisting another student in any of the above, including assistance in an arrangement whereby any work, classroom performance, examination or other activity is submitted or performed by a person other than the student under whose name the work is submitted or performed. UWS 14.04 Disciplinary sanctions. (1) The following are the disciplinary sanctions that may be imposed for academic misconduct in accordance with the procedures of s. UWS 14.05, 14.06 or 14.07:
(2) One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of academic misconduct. UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor. (1) Where an instructor concludes that a student enrolled in one of his or her courses has engaged in academic misconduct in the course, the instructor for that course may impose one or more of the following disciplinary sanctions, as listed under s. UWS14.04 (1) (a) through (c):
(2) No disciplinary sanction may be imposed under this section unless the instructor promptly offers to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond. (3) A student who receives a disciplinary sanction under this section has the right to a hearing before the academic misconduct hearing committee under s.UWS14.08 to contest the determination that academic misconduct occurred, or the disciplinary sanction imposed, or both. If the student desires such a hearing, he or she must file a written request with the student affairs officer within 10 days of imposition of the disciplinary sanction by the instructor. UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct by the instructor. Where an instructor believes that a student enrolled in one of his or her courses has engaged in academic misconduct and the sanctions listed under s. UWS 14.04 (1)(a) through (c) are inadequate or inappropriate, the instructor may proceed in accordance with this section to impose, subject to hearing rights in s. UWS 14.08, one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h). (1) Conference with student. When an instructor concludes that the proceedings under this section are warranted, the instructor shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond. (2) Determination by the instructor that no academic misconduct occurred. If, as a result of a discussion under sub. (1), the instructor determines that academic misconduct did not in fact occur or that no disciplinary sanction is warranted under the circumstances, the matter will be considered resolved without the necessity for further action or a written report. (3) Process following determination by the instructor that academic misconduct occurred.
(4) Process following determination by the instructor that disciplinary probation, suspension or expulsion may be warranted.
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 14.04 (1) (g) through (j). (1) Authority of investigating officer. The investigating officer may proceed in accordance with this section when he or she receive information that a student at the institution has engaged in alleged academic misconduct and:
(2) Conference with student. When the investigating officer concludes that proceedings under this section are warranted, he or she shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the investigating officer to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond. (3) Conference with instructor. An investigating officer proceeding under this section shall discuss the matter with an involved instructor. This discussion may occur either before or after the conference with the student. It may include consultation with the instructor on the facts underlying the alleged academic misconduct and on the propriety of the recommended sanction. (4) Determination by the investigating officer that no academic misconduct occurred. If, as a result of discussions under subs. (2) and (3), the investigating officer determines that academic misconduct did not in fact occur or that no disciplinary sanction is warranted under the circumstances, the matter will be considered resolved without the necessity for further action or a written report. (5) Process following determination by the investigating officer that academic misconduct occurred.
(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:
UWS 14.09 Appeal to the chancellor. (1) Where the sanction prescribed by the hearing committee is suspension or expulsion, the student may appeal to the chancellor to review the decision of the hearing committee on the record. In such a case, the chancellor shall sustain the decision of the academic misconduct hearing committee unless the chancellor finds:
(2) If the chancellor makes a finding under sub. (1), the chancellor may remand the matter for consideration by a different hearing committee, or, in the alternative, may invoke an appropriate remedy of his or her own. UWS 14.10 Discretionary appeal to the board of regents. Institutional decisions under s. UWS 14.05 through 14.09 shall be final, except that the board of regents may, at its discretion, grant a review upon the record. The procedures set forth in this chapter do not preclude a student from agreeing that academic misconduct occurred and to the imposition of a sanction, after proper notice has been given. Required written reports, however, may not be waived. UWS 14.12 Effect of discipline within the university system. Suspension or expulsion shall be system wide in effect. (1) A student who is suspended or expelled from one institution in the university of Wisconsin system may not enroll in another institution in the system unless the suspension has expired by its own terms or one year has elapsed after the student has been suspended or expelled. (2) Upon completion of a suspension period, a student may re-enroll in the institution which suspended him or her as if no suspension had been imposed. UWS 14.13 Right to petition for readmission. A student who has been expelled may petition for readmission, and a student who has been suspended may petition for readmission prior to the expiration of the suspension period. The petition for readmission must be in writing and directed to the chancellor of the institution from which the student was suspended or expelled. The petition may not be filed before the expiration of one year from the date of the final determination in expulsion cases, or before the expiration of one-half of the suspension period in suspension cases. The chancellor shall, after consultation with elected representatives of the faculty, academic staff, and students, adopt procedures for determining whether such petitions will be granted or denied. UWS 14.14 Investigating officer. The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall designate an investigating officer or officers for student academic misconduct. The investigating officer shall have responsibility for investigating student academic misconduct and initiating procedures for academic misconduct under s. UWS 14.07. An investigating officer may also serve on the academic misconduct hearing committee for a case, if he or she has not otherwise been involved in the matter. UWS 14.15 Academic misconduct hearing committee: institutional option. The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student academic misconduct hearing committee or designation of a hearing examiner to fulfill the responsibilities of the academic misconduct hearing committee in this chapter.
Each institution shall publish and make freely available to students copies of ch. UWS 14 and any institutional policies implementing ch. UWS 14. UWS 14.17 Notice to instructors. Each institution shall adopt procedures to ensure that instructors are familiar with these policies. Each institution shall provide instructors with copies of ch. UWS 14 and any institutional policies implementing ch. UWS 14 upon employment with the university, and each department chair shall be provided such copies upon assuming the duties of the chair. UWS 14.18 Consistent institutional policies. Each institution is authorized to adopt policies consistent with this chapter. A copy of such policies shall be filed with the board of regents and the University of Wisconsin System office of academic affairs. Part Two Additional Rules Applicable to the University of Wisconsin Oshkosh Part Two - Additional Rules Applicable to the University of Wisconsin Oshkosh UWS 14 - UW Oshkosh Rule 1. [Reference: UWS Chapter 14] The chancellor empowers the dean of students with the responsibility to oversee and implement these policies and procedures. UWS 14 - UW Oshkosh Rule 2. [Reference: UWS 14.06(3)(b)] 2.0 Each student shall be responsible for maintaining on file with the Advisement/Registration Center his/her current address and with the Advisement/Registration Center his/her current address and permanent home address. 2.1 The institution's student affairs officer is designated as the dean of students. 2.2 The written report and all materials relating to the report (including the investigation) shall be kept and held in confidence, as required under the Family Educational Rights and Privacy Act (Buckley Amendment). Copies of the report may be provided to other University offices with responsibilities relating to the subject matter of the report; these copies shall be distributed by the Dean of Students Office on a "need to know" basis. UWS 14 - UW Oshkosh Rule 3. [Reference: UWS 14.06(3)(c)] The student's written request for hearing before the academic misconduct hearing committee shall be filed with the dean of students. The request may include a written statement pertaining to the student's view of the alleged misconduct, including a reaction to the written report that was previously received. UWS 14 - UW Oshkosh Rule 4. [Reference: UWS 14.08(1)] When the dean of students schedules a hearing under section UWS 14.08, the student shall be notified in writing of the date, time and location of the hearing. Notification shall be by personal delivery or by first class United States mail. Unless the student consents to an earlier hearing, the hearing shall not be scheduled with less than two days' advance notice. UWS 14 - UW Oshkosh Rule 5. [Reference: UWS 14.07(5)(c)2] Once the student submits a written waiver of the hearing [section UWS 14.07(5)(c)2], he/she retains the right to request a hearing, providing that this subsequent written request for a hearing is submitted to the dean of students no later than five calendar days of the date the waiver was received by the dean of students. If the student does not request a hearing within this period, the determination of academic misconduct shall be regarded as final, and the disciplinary sanction recommended shall be imposed. UWS 14 - UW Oshkosh Rule 6. [Reference: UWS 14.11] During the investigation of the alleged misconduct, or after a written report recommending suspension or expulsion has been served (but prior to a hearing provided in accordance with section 14.08), nothing contained in these policies and procedure shall preclude the student and the university from reaching agreement on the terms and conditions of the student's withdrawal from the university. UWS 14 - UW Oshkosh Rule 7. [Reference UWS 14.13] 7.0 At the time of suspension or expulsion from the University of Wisconsin Oshkosh, the student shall receive a copy of these procedures and the form to be used for any petition for readmission. 7.1 All petitions for readmission to the University of Wisconsin Oshkosh must be presented on a form developed for that purpose. 7.2 If the chancellor or designee receives a petition that is not on the form identified in 7.1, the chancellor shall return the petition along with a copy of these procedures and the required form. 7.3 Once a completed petition has been received by the chancellor, it shall be sent to the dean of students for further review. 7.4 The dean of students shall review the petition and the materials and records relating to the petitioner's suspension or expulsion, and, at the conclusion of that review, and consistent with 7.5 and 7.6 below, shall provide a written recommendation to the chancellor. The recommendation shall be either:
7.5 During the course of review required under 7.4, the dean of students may consult with the following individuals or offices:
7.6 If the petitioner expressed an intention to enroll in a University of Wisconsin System Institution other than the University of Wisconsin Oshkosh, the dean of students may consult with appropriate offices at that institution prior to making the recommendation to the chancellor. UWS 14 - UW Oshkosh Rule 8. [Reference UWS 14.14] 8.0 The dean of students, or designee, shall serve as investigating officer for student academic misconduct. 8.1 If the dean of students is unable to serve, or declines to serve, the vice chancellor, or designee shall serve as investigating officer for student academic misconduct. 8.2 The investigating officer shall act as required under sections UWS 14.14 and UWS 14.07 and procedures to implement those sections. UWS 14 - UW Oshkosh Rule 9. [Reference UWS 14.15] 9.0 An academic misconduct hearing committee shall consist of five members. The membership shall be three faculty members and two students, or two faculty, one instructional academic staff, and two students. 9.1 The members of the committee shall be selected from among the members of the Student Disciplinary Panel, consisting of faculty appointed by the faculty senate, instructional academic staff appointed by the senate of academic staff and students appointed by the Oshkosh Student Association. 9.2 The presiding officer shall be appointed by the dean of students, who acts as the chancellor's designee. 9.3 In the exercise of his or her discretion, the chancellor may, in rare and exceptional cases and with good cause, appoint a hearing examiner to hear a case in lieu of review by the academic misconduct hearing committee Student Nonacademic Disciplinary Procedures UWS 17.01 Policy Statement UWS 17.02 Definitions UWS 17.03 Nonacademic misconduct subject to disciplinary action UWS 17.04 Disciplinary sanctions UWS 17.05 Disciplinary procedure UWS 17.06 Hearing UWS 17.07 Appeal to the chancellor UWS 17.08 Discretionary appeal to the board of regents UWS 17.09 Settlement UWS 17.10 Effect of discipline within the institution UWS 17.11 Effect of discipline within the university system UWS 17.12 Right to petition for readmission UWS 17.13 Designation of investigating officer UWS 17.14 Nonacademic misconduct hearing committee: institutional option UWS 17.15 Notice to students UWS 17.16 Consistent institutional policies UWS 17.17 Emergency suspension The board of regents, administration, faculty, academic staff and students of the University of Wisconsin System believe that the teaching, learning, research and service activities of the university can flourish only in an environment that is safe from violence and free of harassment, fraud, theft, disruption and intimidation. The university has a responsibility to identify basic standards of nonacademic conduct necessary to protect the community, and to develop procedures to deal effectively with instances of misconduct while observing the procedural and substantive rights of students. Any person who violates state or federal laws on university property may face prosecution in the appropriate courts. In addition, students, faculty or staff who violate university standards are subject to university disciplinary action. This chapter describes the standards and procedures for addressing nonacademic misconduct by students. In this chapter: (1) "Chancellor" means the chancellor or designee. (2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. (3) "Days" means calendar days. (4) "Disciplinary file" means the record maintained by the student affairs officer responsible for student discipline. (5) "Disciplinary probation" means a status in which a student may remain enrolled in the university only upon the condition that the student complies with specified standards of conduct or other requirements or restrictions on privileges, for a specified period of time, not to exceed 24 months. (6) "Disciplinary sanctions" means any action listed in s. UWS 17.04(1) taken in response to student nonacademic misconduct. (7) "Expulsion" means termination of student status with resultant loss of all student rights and privileges. (8) "Harassment" means:
(9) "Hearing examiner" means an individual appointed by the chancellor in accordance with s. UWS 17.14(2) for the purpose of conducting a hearing under s. UWS 17.06. (10) "Institution" means any university, center, or an organizational equivalent designated by the board. (11) "Investigating officer" means an individual, or his or her designee, appointed by the chancellor of each institution to carry out certain responsibilities in the course of investigations of nonacademic misconduct under this chapter. (12) "Members of the university community" means students and employees of the university. (13) "Nonacademic misconduct hearing committee" or "committee" means the committee or hearing examiner appointed pursuant to s. UWS 17.14 to conduct hearings under s. UWS 17.06. (14) "Stalking" means repeatedly following or remaining in visual or physical proximity to a person, or repeatedly conveying verbal or written threats or threats implied by conduct, or a combination thereof, where:
(15) "Student" means any person who is registered for study in an institution for the academic period in which the misconduct occurred, or between academic periods, for continuing students. (16) "Student affairs officer" means the dean of students or student affairs officer designated by the chancellor to carry out duties described in this chapter. (17) "Suspension" means a loss of student status for a specified length of time, not to exceed 24 months, with resultant loss of all length of time, not to exceed 24 months, with resultant loss of all students rights and privileges. UWS 17.03 Nonacademic misconduct subject to disciplinary action. The university may discipline a student in nonacademic matters in the following situations: (1) (a) For conduct which constitutes a serious danger to the personal safety of a member of the university community or guest.
Note: The offenses enumerated in s. UWS 18.06(22)(d) include serious crimes against the person, such as sexual assaults. (2) (a) For stalking or harassment.
(3) For conduct that seriously damages or destroys university property or attempts to damage or destroy university property, or the property of a member of the university community or guest. (4) (a) For conduct that obstructs or seriously impairs or attempts to obstruct or seriously impair university-run or university-authorized activities, or that interferes with or impedes the ability of a member of the university community, or guest, to participate in university-run or university-authorized activities.
(5) For unauthorized possession of university property or property of another member of the university community or guest. (6) For acts which violate the provisions of ch. UWS 18, Conduct on University Lands. (7) For knowingly making a false statement to any university employee or agent regarding a university matter, or for refusing to employee or agent regarding a university matter, or for refusing to identify oneself to such employee or agent. (8) For violating a standard of conduct, or other requirement or restriction imposed in connection with disciplinary action. UWS 17.04 Disciplinary sanctions. (1) The following are the disciplinary sanctions that may be imposed for nonacademic misconduct, in accordance with the procedures of ss. UWS 17.05 to 17.07:
(2) One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of nonacademic misconduct. (3) Disciplinary sanctions shall not include the cut-off or revocation of student financial aid; however, this shall not be interpreted as precluding the individual operations of rules or standards governing eligibility for student financial aid under which the imposition of a disciplinary sanction could result in disqualification of a student for financial aid. UWS 17.05 Disciplinary procedure. 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 17.04(1). (1) Conference with student. When the investigating officer concludes that proceedings under this section are warranted, the investigating officer shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the investigating officer to review with the student the basis for his or her belief that the student engaged in nonacademic misconduct, and to afford the student an opportunity to respond. If the student does not respond to the investigating officer's offer to discuss the matter, the investigating officer may proceed to make a determination on the basis of the available information. (2) Determination by the investigating officer that no disciplinary sanction is warranted. If, as a result of a discussion under sub. (1), the investigating officer determines that nonacademic misconduct did not in fact occur, or that no disciplinary sanction is warranted under the circumstances, the matter will be considered resolved without the necessity for further action. (3) Process following determination by the investigating officer that nonacademic misconduct occurred.
1. Where the disciplinary sanction sought is one of those listed in s. UWS 17.04(1) (a) to (f), and the student desires the hearing before the nonacademic misconduct hearing committee, the student must file a written request with the student affairs officer within 10 days of personal delivery or mailing of the written report. If the student does not request a hearing within this period, the determination of nonacademic misconduct shall be regarded as final, and the disciplinary sanction sought shall be imposed. 2. Where the disciplinary sanction sought is suspension or expulsion under s. UWS 17.04(1)(g) or (h), the investigating officer shall forward a copy of the written report under par. (b) to the student affairs officer. The student affairs office shall, upon receipt of the written report, proceed under s. UWS 17.06, to schedule a hearing on the matter. A hearing will be conducted unless the student waives, in writing, the right to such a hearing. (1) If a student requests a hearing, or a hearing is required to be scheduled under s. UWS 17.05(3)(c)2., the student affairs officer shall take the necessary steps to convene the nonacademic misconduct hearing committee or have a hearing examiner designated, and shall schedule the hearing 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 student and investigating officer, or is ordered or permitted by the committee. (2) A student who requests a hearing, or for whom a hearing is scheduled under s. UWS 17.05(3)(c)2; shall have the right to decide whether the matter will be heard by a hearing committee or a hearing examiner. (3) Reasonably in advance of the hearing, the 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 student with access to or copies of the investigating officer's explanation, together with any other materials provided to the committee by the investigating officer. (4) The hearing before the nonacademic misconduct hearing committee shall be conducted in accordance with the following requirements:
(e) The committee may find nonacademic misconduct and impose a sanction of suspension or expulsion only if the proof of such misconduct is clear and convincing. In other cases, proof of the misconduct shall be established by a preponderance of the credible evidence. (f) The committee may impose one or more of the disciplinary sanctions listed in s. UWS 17.04(1)(a) to (f) that differs from the sanctions listed in s. UWS 17.04(1)(a) to (f) that differs from the recommendation of the investigating officer. Suspension or expulsion under s. UWS 17.04(1)(g) and (h) may not be imposed unless recommended by the investigating officer. (g) The investigating officer or another institutional representative shall present the case against the student. The investigating officer may be a witness at the hearing conducted by the committee, but does not have responsibility for conducting the hearing. (h) The decision of the committee shall be prepared within 10 days of the hearing, and served upon the student either by personal days of the hearing, and served upon the student either by personal delivery or by first class United States mail to his or her current address as maintained by the institution. The decision shall become final within 10 days of personal delivery or mailing, unless an appeal is taken under s. UWS 17.07. (I) Failure of a party to appear at a scheduled hearing and proceed shall constitute default. The committee may either dismiss the case, or, upon a prima facie showing, find that the student committed the misconduct alleged. (j) Hearings to receive evidence or hear argument shall be public unless the student whose case is being heard requests a closed hearing or the committee determines that it is necessary to hold a closed hearing for a reason specified under s. 19.85, Stats. The deliberations of the committee shall not be public. UWS 17.07 Appeal to the chancellor. (1) Where the sanction prescribed by the hearing committee is suspension or expulsion, the student may appeal to the chancellor to review the decision of the hearing committee based upon the record. In such a case, the chancellor shall sustain the decision of the nonacademic misconduct hearing committee unless the chancellor finds:
(2) If the chancellor makes a finding under sub. (1), the chancellor may remand the matter for consideration by a different hearing committee, or may invoke an appropriate remedy of his or her own. UWS 17.08 Discretionary appeal to the board of regents. Institutional decisions under Ss UWS 17.05 to 17.07 shall be final, except that the board of regents may, at its discretion, grant a review upon the record. The procedures set forth in this chapter do not preclude a student from agreeing that nonacademic misconduct occurred and to the imposition of a sanction, or to other terms or conditions, after proper notice has been given. Any such agreement shall be reduced to writing which, when signed by the student, shall conclude the case. UWS 17.10 Effect of discipline within the institution. Students who are, at the time of commencement, subject to a disciplinary sanction under s. UWS 17.04(1)(d) to (f), or who are under charges as a result of a report under s. UWS 17.05(3)(c)2. that could lead to suspension or expulsion, shall not be awarded degrees during the tendency of the sanction or disciplinary proceeding. UWS 17.11 Effect of discipline within the university system. Suspension or expulsion shall be system wide in effect. (1) A student who is suspended or expelled from one institution in the university of Wisconsin system may not enroll in another institution in the system unless the suspension has expired by its own terms or one year has elapsed after the student has been suspended or expelled. (2) No person who is in a state of suspension or expulsion from the university under this chapter, or who takes leave or resigns under charges after being charged by the university under this chapter, may enter any campus without the written consent of the chief administrative officer. (3) Upon completion of a suspension period, a student who is academically eligible may re-enroll in the institution which suspended him or her as if no suspension had been imposed. UWS 17.12 Right to petition for readmission. A student who has been expelled may petition for readmission, and a student who has been suspended may petition for readmission prior to the expiration of the suspension period. The petition for readmission must be in writing and directed to the chancellor of the institution from which the student was suspended or expelled. The petition may not be filed before the expiration of one year from the date of the final determination in expulsion cases, or before the expiration of one-half of the suspension period in suspension cases. The chancellor shall, after consultation with elected representatives of the faculty, academic staff, and students, adopt procedures for determining whether such petitions will be granted or denied. UWS 17.13 Designation of investigating officer. The chancellor of each institution shall designate an investigating officer or officers for allegations of student nonacademic misconduct. The investigating officer shall have responsibility for investigating student nonacademic misconduct and initiating procedures for nonacademic misconduct under s. UWS 17.05. UWS 17.14 Nonacademic misconduct hearing committee: institutional option. The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student nonacademic misconduct hearing committee and designation of a hearing examiner to fulfill the responsibilities of the nonacademic misconduct hearing committee in this chapter. (1) A student nonacademic misconduct hearing committee shall consist of at least 3 persons, including a student or students, except that no such committee shall be constituted with a majority of members who are students. The presiding officer shall be appointed by the chancellor. The presiding officer and at least one other member shall constitute a quorum at any hearing held pursuant to due notice. (2) A hearing examiner shall be selected by the chancellor from the faculty and staff of the institution. Each institution shall publish and make freely available to students copies of ch. UWS 17 and any institutional policies implementing ch. UWS 17. UWS 17.16 Consistent institutional policies. Each institution is authorized to adopt policies consistent with this chapter. A copy of such policies shall be filed with the board of regents and the University of Wisconsin System Office of Academic Affairs. UWS 17.17 Emergency suspension. A student may be temporarily suspended, pending final institutional action on a report of nonacademic misconduct, in accordance with the procedures of this section. (1) The chancellor of each institution is authorized to suspend a student temporarily where the investigating officer has offered the student the opportunity for discussion under s. UWS 17.05(1); and the investigating officer recommends a sanction of suspension or expulsion; and the chancellor determines that the student's continued presence on campus:
(2) Before imposing a temporary suspension, the chancellor shall evaluate the information indicating that the conditions specified in sub. (1) are present. If the chancellor concludes, based on the available information, that these conditions are present and that a temporary suspension is warranted, he or she shall promptly notify the student in writing, either by personal delivery or by regular first class United States mail at his or her current address as maintained at the institution, of the intent to impose a temporary suspension, and shall provide the student with an opportunity to be heard in response. (3) The hearing on the temporary suspension shall be held as soon as practicable after the student is notified of the intent to impose the temporary suspension. (4) The issue at the hearing on the temporary suspension shall be whether the conditions specified in sub. (1) are present, and a temporary suspension is warranted. (5) The chancellor's decision may be rendered orally, but shall be confirmed in writing as soon as practicable after the hearing, with written notice provided to the student either delivered personally, or by regular first class United States mail at his or her current address, as maintained at the institution. (6) If the chancellor determines that the conditions specified in sub. (1) are not present, or that a temporary suspension is not warranted, the case shall proceed in accordance with s. UWS 17.06. If the chancellor determines that the conditions specified in sub. (1) are present, and a temporary suspension is warranted, the temporary suspension shall be in effect pending the final institutional decision in the matter. (7) Where a temporary suspension is imposed, the hearing on the underlying allegations of misconduct shall be held within 21 days of the imposition of the temporary suspension, unless the student agrees to a later date. In no case shall a temporary suspension remain in effect for longer than 30 days, unless the student agrees to a longer period. (8) The chancellor's decision to impose a temporary suspension in accordance with this section shall be final. Part Two - Additional Rules Applicable to the University of Wisconsin Oshkosh UWS 17 - UW Oshkosh Rule 1. [Reference: UWS Chapter 17] The chancellor empowers the dean of students with the responsibility to oversee and implement these policies and procedures. UWS 17 - UW Oshkosh Rule 2. [Reference: UWS 17.02(7) and (17)] A student who is suspended or expelled effective during a semester will not receive credit for courses for that semester and will be withdrawn from those courses. UWS 17 - UW Oshkosh Rule 3. [Reference: UWS 17.02(11)] The investigating officer(s) shall be the dean of students or his/her designee(s). UWS 17 - UW Oshkosh Rule 4. [Reference: UWS 17.05(3)(b)] 4.0 Each student shall be responsible for maintaining on file with the Advisement/Registration Center his/her current address and permanent home address. 4.1 The written report and all materials relating to the report (including the investigation) shall be kept and held in confidence, as required under the Family Educational Rights and Privacy Act (Buckley Amendment). Copies of the report may be provided to other university offices with responsibilities relating to the subject matter of the report; these copies shall be distributed by the Dean of Students Office on a "need to know" basis. UWS 17 - UW Oshkosh Rule 5. [Reference: UWS 17.06(1)] When the dean of students (or designee) schedules a hearing under section UWS 17.06, the student shall be notified in writing of the date, time, and location of the hearing. Notification shall be by personal delivery, by campus mail or by first class United States mail. UWS 17 - UW Oshkosh Rule 6. [Reference: UWS 17.06(1) and 17.07] Hearings before the nonacademic misconduct hearing committee or appeals to the chancellor are independent of any other hearings or proceedings outside of the university. The university is not obligated to postpone or reschedule such hearings or appeals. However, the university may decide to postpone or reschedule hearings or appeals under extraordinary circumstances. Examples of extraordinary circumstances are medical emergencies, illness or conflict with current class or examination schedules. UWS 17 - UW Oshkosh Rule 7. [Reference: UWS 17.06(4)] 7.0 The student may challenge for just cause any committee member. The committee, meeting in closed session, shall determine by majority vote whether or not to disqualify a member from hearing that case. 7.1 Where the sanction prescribed by the hearing committee is other than suspension or expulsion, the decision of the hearing committee shall be final. UWS 17 - UW Oshkosh Rule 8. [Reference: UWS 17.07(1)] The chancellor may choose to appoint a designee from among the faculty or academic staff to review the appeal and to make a recommendation to the chancellor. UWS 17 - UW Oshkosh Rule 9. [Reference: UWS 17.11(2)] The chief administrative officer means the assistant chancellor for student affairs or his or her designee. UWS 17 - UW Oshkosh Rule 10. [Reference: UWS 17.12] 10.0 At the time of suspension or expulsion from the University of Wisconsin Oshkosh, the student shall receive a copy of these procedures. 10.1 Once a petition has been received by the chancellor, it shall be sent to the dean of students for further review. 10.2 The dean of students shall review the petition and the materials and records relating to the petitioner's suspension or expulsion, and, at the conclusion of that review, and consistent with 10.3 below, shall provide a written recommendation to the chancellor. The recommendation shall be accompanied by a statement of rationale and a description of the nature of the review that was conducted by the dean of students. The recommendation shall be either to grant or deny the petition. 10.3 If the petitioner expressed an intention to enroll in a University of Wisconsin System institution other than the University of Wisconsin Oshkosh, the dean of students may consult with appropriate offices at that institution prior to making the recommendation to the chancellor. UWS 17 - UW Oshkosh Rule 11. [Reference: UWS 17.14] 11.0 A student nonacademic misconduct hearing committee shall consist of five members. The membership shall consist of two students and at least one faculty member. The presiding officer and at least two other members shall constitute a quorum at any hearing held pursuant to due notice. 11.1 The members of a hearing committee shall be selected from among the members of a panel, consisting of faculty appointed by the faculty senate, academic staff appointed by the senate of academic staff, and students appointed by United Students in Residence Halls and the Oshkosh Student Association. 11.2 Students who are currently on disciplinary probation and students and faculty who do not attend a three-hour training session are not eligible to serve on any hearing. 11.3 In cases where the alleged offense occurs within the university residence halls, including damage to the exterior of the buildings, the student committee members shall be selected from among the panel members selected by United Students in Residence Halls. 11.4 The presiding officer shall be appointed by the dean of students, who acts as the chancellor's designee. 11.5 When a student requests a hearing examiner, the hearing examiner shall be selected by the dean of students, who acts as the chancellor's designee. UWS 18.01 Jurisdiction UWS 18.02 Definitions UWS 18.03 Law enforcement UWS 18.04 Traffic regulations UWS 18.05 Parking regulations UWS 18.06 Conduct on university lands UWS 18.07 Penalties UWS 18.09 Institutional regulations UWS 18.10 Additional statutory provisions regulating conduct on university lands These rules shall regulate conduct on all lands subject to the control of the Board of Regents of the University of Wisconsin System. For purposes of this chapter: (1) The "chief administrative officer" means the chancellor of an institution or dean of a campus or their designees. (2) "Lands" means all real property owned by, leased by, or otherwise subject to the control of the board of regents. (3) "Board of Regents" or "board" means the Board of Regents of the University of Wisconsin System. (4) "Building" means any structure, including stadia, on university lands. (1) The board may designate peace officers who are authorized to enforce these rules and regulations and to police all lands provided in s. 36.11 (2), Stats., except where such powers are specifically limited or modified by the board. These officers may accept concurrent appointments as deputy sheriffs. (2) Uniformed peace officers shall be identified by an appropriate shield or badge bearing the word "Police" and a number or name plate, which shall be conspicuously worn when enforcing this chapter. Peace officers assigned to non-uniformed duties shall identify themselves with an appropriate badge or police identification card when enforcing this chapter. (3) Parking attendants are authorized to enforce the parking regulations in s. UWS 18.05. UWS 18.04 Traffic regulations. (1) No person may operate any motor vehicle (self-propelled vehicle) on any roadway under the control of the board without a valid and current operator's license issued under ch. 343, Stats., Except a person exempt under the provisions of s. 343.05, Stats. (2) No person may operate any motor vehicle on any roadway under the control of the regents unless the same has been properly registered as provided by ch. 341, Stats., unless exempt under the provisions of s. 341.05, Stats. (3) All provisions of ch. 346, Stats., entitled "Rules of the Road," which are applicable to highways as defined in s. 340.01(22), Stats., and which are not in conflict with any specific provisions of these regulations, are hereby adopted for the regulation of all vehicular traffic, including bicycles, on all roadways, including those off-street areas designated as parking facilities, under the control of the board and are intended to apply with the same force and effect. All traffic shall obey the posted signs approved by the chief administrative officer regulating such traffic. (4) All provisions of ch. 347, Stats., Entitled"Equipment of Vehicles" which are applicable to highways as defined in s. 340.01 (22), Stats., are hereby adopted for the regulation of all vehicular traffic on the roadways under the control of the board and are intended to apply with the same force and effect, except those provisions of ch. 347, Stats., which conflict with specific provisions of these regulations. (5) The chief administrative officer may require the registration of all student, faculty, or staff motor vehicles or bicycles on lands under said officer's jurisdiction and may limit or prohibit their use in designated areas during designated hours. Any person who violates institutional regulations promulgated under this subsection may be fined up to $25. UWS 18.05 Parking regulations. (1) Parking is prohibited at all times on roads, drives and fire lanes traversing university lands, except that the chief administrative officer is authorized to establish parking areas, parking limits, and methods of parking on the lands under said officer's jurisdiction, and may designate parking areas for specific groups at specific times, providing such areas are properly posted as parking areas. Parking in university |
