Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter II - Procedures for Faculty Dismissal and Discipline in Non-Title IX Cases › Section UWS 4.06 - Procedural guarantees

Current through June 24, 2024
(1) Any hearing held shall comply with the
				requirements set forth in s.
				UWS 4.05.
				The following requirements shall also be observed:
(a) The burden of proof of the existence of
				just cause is on the administration or its representatives;
(am) For complaints involving sexual
				harassment, sexual assault, dating violence, domestic violence, sexual
				exploitation, or stalking, the standard of proof shall be a preponderance of
				the evidence;
(b) No faculty member
				who participated in the investigation of allegations leading to the filing of a
				statement of charges, or in the filing of a statement of charges, or who is a
				material witness shall be qualified to sit on the committee in that
				case;
(c) The hearing shall be
				closed unless the faculty member under charges requests an open hearing, in
				which case it shall be open (see subch. V of ch. 19, Stats., Open Meetings of
				Governmental Bodies);
(d) The
				faculty hearing committee may, on motion of either party, and, if the complaint
				involves sexual harassment, sexual assault, dating violence, domestic violence,
				sexual exploitation, or stalking, on the motion of the complainant, disqualify
				any one of its members for cause by a majority vote. If one or more of the
				faculty hearing committee members disqualify themselves or are disqualified,
				the remaining members may select a number of other members of the faculty equal
				to the number who have been disqualified to serve, except that alternative
				methods of replacement may be specified in the rules and procedures adopted by
				the faculty establishing the standing committee under s.
				UWS
				4.03;
(e)
				The faculty 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;
(f) If the faculty hearing committee
				requests, the chancellor shall provide legal counsel after consulting with the
				committee concerning its wishes in this regard. The function of legal counsel
				shall be to advise the committee, consult with them on legal matters, and such
				other responsibilities as shall be determined by the committee within the
				provisions of the rules and procedures adopted by the faculty of the
				institution in establishing the standing faculty committee under s.
				UWS
				4.03;
(g)
				If a proceeding on charges against a faculty member not holding tenure is not
				concluded before the faculty member's appointment would expire, the faculty
				member may elect that such proceeding be carried to a final decision. Unless
				the faculty member so elects in writing, the proceeding shall be discontinued
				at the expiration of the appointment;
(h) If a faculty member whose dismissal is
				sought has requested a hearing, discontinuance of the proceeding by the
				institution is deemed a withdrawal of charges and a finding that the charges
				were without merit;
(i) Nothing in
				this section shall prevent the settlement of cases by mutual agreement between
				the administration and the faculty member, with board approval, at any time
				prior to a final decision by the board;
(j) Adjournment shall be granted to enable
				the parties, including the complainant, to investigate evidence as to which a
				valid claim of surprise is made.