Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 11 - Dismissal Of Academic Staff For Cause › Subchapter II - Procedures for Academic Staff Dismissal in Non-Title IX Cases › Section UWS 11.02 - Responsibility for charges

Current through June 24, 2024
(1) Whenever the
				chancellor of an institution receives an allegation which concerns an academic
				staff member holding an indefinite appointment which appears to be substantial
				and which, if true, might lead to dismissal under s.
				UWS
				11.01, the chancellor shall request within a
				reasonable time that the appropriate dean, director, or designee investigate
				the allegation. For complaints involving sexual harassment, sexual assault,
				dating violence, domestic violence, sexual exploitation, or stalking, the
				chancellor shall direct the Title IX Coordinator, or designee, to initiate an
				investigation in accordance with applicable policies. The dean, director, or
				designee shall offer to discuss it informally with the academic staff member,
				and, if the allegation involves sexual harassment, sexual assault, dating
				violence, domestic violence, sexual exploitation, or stalking, with the
				complainant and provide information of rights under this chapter. Both the
				academic staff member and the complainant shall have the right to be
				accompanied by an advisor of their choice at any meeting or proceeding that is
				part of the institutional disciplinary process. If such an investigation and
				discussion does not result in a resolution of the allegation and if the
				allegation is deemed sufficiently serious to warrant dismissal, the dean,
				director, or designee shall prepare a written statement of specific charges. A
				member of the academic staff may be dismissed only after receipt of such a
				statement of specific charges and, if a hearing is requested by the academic
				staff member, after a hearing held in accordance with the provisions of this
				chapter and the subsequently adopted procedures of the institution. If the
				staff member does not request a hearing, dismissal action shall proceed along
				normal administrative lines but the provisions of ss. UWS 11.02, 11.08, and
				11.09 shall apply. In those cases where the immediate supervisor of the
				academic staff member concerned is a dean or director, the chancellor shall, to
				avoid potential prejudice, designate an appropriate administrative officer to
				act for the dean or director under this section.
(2) Any formal statement of specific charges
				shall be served personally, by electronic means, or by certified mail, return
				receipt requested. If such service cannot be made within 20 days, service shall
				be accomplished by first class mail and by publication as if the statement of
				charges were a summons and the provisions of s.
				801.11(1)
				(c), Stats., were applicable. Such service by
				mailing and publication shall be effective as of the first insertion of the
				notice of statement of charges in the newspaper. If the formal statement of
				specific charges involves sexual harassment, sexual assault, dating violence,
				domestic violence, sexual exploitation, or stalking, the formal statement shall
				be provided to the complainant upon request, except as may be precluded by
				applicable state or federal law.