Wis. Admin. Code Board of Regents of the University of Wisconsin System § UWS 11.22 - Procedural guarantees
(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
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.
Notes
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