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 4.20 - Procedural guarantees

Current through June 24, 2024
(1) Any hearing held shall comply with the
				requirements set forth in s. UWS 4.19. 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.
(am) The standard of proof shall be a
				preponderance of the evidence.
(b)
				No faculty member who participated in the investigation of a formal Title IX
				complaint, or who is a material witness, shall be qualified to sit on the
				hearing committee addressing that complaint. No university employee or other
				person who participated in the investigation of a formal Title IX complaint, or
				who is a material witness, shall be qualified to serve as the hearing examiner
				addressing that complaint.
(c) The
				hearing shall be closed unless the faculty member or the complainant requests
				an open hearing, in which case it shall be open.
Note:
See subch. V of ch. 19, Stats., Open
				  Meetings of Governmental Bodies.
(d) The hearing committee may, on motion of
				the complainant or the faculty 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 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 this rule.
(e) 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 4.19(1) (h).
(f) 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 faculty of the institution in establishing the
				standing faculty committee under this policy.
(g) If the Title IX disciplinary process
				described in ss. UWS 4.11 to 4.24 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 process be carried to a final decision.
				Unless the faculty member so elects in writing, the process shall be
				discontinued at the expiration of the appointment.
(h) Nothing in this section shall prevent the
				settlement of cases by mutual agreement between the university administration,
				the complainant, and the faculty member.
(i) Delay or adjournment of the hearing for
				good cause may be granted. Good cause includes the need for any of the
				following:
1. To investigate evidence as to
				which a valid claim of surprise is made.
2. To ensure the presence of the faculty
				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.