Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter III - Procedures for Academic Staff Dismissal and Discipline in Title IX Cases › Section UWS 11.22 - Procedural guarantees

Current through June 24, 2024
(1) Any hearing held shall comply with the
				requirements set forth in UWS 11.21. All of the following requirements shall
				also be observed:
(a) The burden of proof of
				the existence of just cause to support dismissal, or of grounds to support
				other discipline, is on the university administration.
(b) The standard of proof shall be a
				preponderance of the evidence.
(c)
				No academic staff member who participated in the investigation of allegations
				leading to the filing of a statement of charges, or who participated in the
				filing of a statement of charges, or who is a material witness, shall be
				qualified to sit on the hearing committee in that case.
(d) No university employee or other person
				who participated in the investigation of allegations leading to the filing of a
				statement of charges, or who participated in the filing of a statement of
				charges, or who is a material witness, shall be qualified to serve as the
				hearing examiner in that case.
(e)
				The hearing shall be closed unless the academic staff member requests an open
				hearing, in which case it shall be open.
Note:
This right was intended to be given to the
				  complainant as well. This will be corrected in future rulemaking.
Note:
See subch. V of ch. 19, Stats., Open
				  Meetings of Governmental Bodies.
(f) The hearing committee may, on motion of
				the complainant or the academic staff member, disqualify any one of its members
				for cause by a majority vote. If one or more of the hearing committee members
				disqualify themselves or are disqualified, the remaining members may select a
				number of other members of the academic staff 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 academic staff
				establishing the standing committee under this rule.
(g) The hearing committee or the hearing
				examiner may 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 unless the person holding the privilege has waived
				it. The hearing committee or the hearing examiner shall follow the evidentiary
				rules in s. UWS 11.21(1) (h).
(h)
				If the hearing committee requests, the chancellor shall provide legal counsel
				after consulting with the hearing committee concerning its wishes in this
				regard. The function of legal counsel shall be to advise the hearing committee,
				consult with them on legal matters, and such other responsibilities as shall be
				determined by the hearing committee within the provisions of the rules and
				procedures adopted by the academic staff of the institution in establishing the
				standing academic staff committee under this policy.
(i) Nothing in this section shall prevent the
				settlement of cases by mutual agreement between the university administration,
				the complainant, and the academic staff member.
(j) Delay or adjournment of the hearing for
				good cause may be granted. Good cause includes any of the following:
1. The need to investigate evidence as to
				which a valid claim of surprise is made.
2. To ensure the presence of the academic
				staff member or the complainant, an advisor, or a witness.
3. To provide language assistance or
				accommodation of disabilities.
4.
				To accommodate concurrent law enforcement activity.