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 III - Procedures for Faculty Dismissal and Discipline in Title IX Cases › Section UWS 4.19 - Adequate due process

Current through June 24, 2024
(1) A fair hearing for a faculty member
				against whom dismissal or other discipline is sought shall include all of the
				following:
(a) Service of written notice of a
				live hearing on the allegations in the formal Title IX complaint at least 10
				days prior to the hearing.
(b) A
				right to the names of witnesses and of access to documentary and other evidence
				upon the basis of which dismissal or other discipline is sought.
(c) A right to be heard in the faculty
				member's defense.
(d) A right to an
				advisor, counsel, or other representatives, and to offer witnesses. The faculty
				member's advisor or counsel may ask all witnesses relevant questions and
				follow-up questions, including those challenging credibility. Credibility
				determinations, however, may not be made based on a person's status as a
				complainant, respondent, or witness. If the faculty member does not have an
				advisor, the university shall provide the faculty member, without charge, an
				advisor of the university's choice to conduct cross-examination on behalf of
				the faculty member. The advisor may be an attorney.
(e) A right to confront and cross-examine
				adverse witnesses. The faculty member's or complainant's advisor shall conduct
				cross examination directly, orally, and in real time. The faculty member and
				the complainant may not personally conduct cross examination. If the faculty
				member, the complainant, or a witness does not submit to cross-examination at
				the hearing, the hearing committee or the hearing examiner may not rely on any
				statement of the faculty member, complainant, or witness in reaching its
				findings and recommendations. However, the hearing committee or hearing
				examiner may not draw a negative inference in reaching its findings and
				recommendations based solely on the absence of a faculty member, complainant,
				or witness from the hearing or refusal to answer cross-examination or other
				questions.
(f) A verbatim record of
				all hearings, which might be a sound recording, made available at no cost for
				inspection and review.
(g) Written
				findings of fact and recommendations based on the hearing record. The written
				findings of fact and recommendations shall include all of the following:
1. Identification of the allegations
				potentially constituting Title IX misconduct.
2. A description of the procedural steps
				taken from the receipt of the formal Title IX complaint through the hearing
				committee's or hearing examiner's completion of written findings and
				recommendations, including any notifications to the faculty member and the
				complainant, interviews with the faculty member, the complainant, and
				witnesses, site visits, methods used to gather evidence, and hearings
				held.
3. Conclusions regarding the
				application of the university's conduct rules and policies to the facts; a
				statement of, and rationale for, the result as to each allegation, including a
				recommendations regarding responsibility, any disciplinary sanction recommended
				to be imposed, and whether remedies designed to restore or preserve equal
				access to the university's educational program or activity will be provided to
				the complainant.
4. The
				university's procedures and permissible bases for complainant and employee to
				appeal.
(h) Admissibility
				of evidence is governed by s.
				227.45(1) to
				(4), Stats. Only relevant questions may be
				asked of the faculty member, the complainant, and any witnesses. The hearing
				committee or hearing examiner shall determine whether a question is relevant
				and explain the decision to exclude a question as not relevant. Questions and
				evidence about the complainant's sexual predisposition or prior sexual behavior
				are not relevant, unless such questions or evidence are offered to prove that
				someone other than the faculty member committed the conduct alleged by the
				complainant, or unless the questions or evidence concern specific incidents of
				the complainant's prior sexual behavior with the faculty member and are offered
				to prove consent.
(i) The hearing
				may be conducted with all participants physically present in the same location,
				or at the hearing committee's or hearing examiner's discretion, any or all
				participants may appear at the hearing virtually, with technology enabling the
				participants simultaneously to see and hear each other. Upon the faculty
				member's request, the university shall provide for the hearing to occur with
				faculty member and complainant located in separate rooms with technology
				enabling the hearing committee or hearing examiner, the faculty member, and the
				complainant to simultaneously see and hear witnesses answering
				questions.