Wis. Admin. Code Board of Regents of the University of Wisconsin System § UWS 17.19 - Emergency suspension

Current through March 28, 2022

(1) The chief administrative officer may impose an emergency suspension on a respondent, pending final institutional action on a report of nonacademic misconduct, in accordance with the procedures of this section.
(2) The chief administrative officer of each institution may impose an emergency suspension on a respondent when all of the following conditions are met:
(a) The investigating officer has made a reasonable attempt to offer the respondent the opportunity for discussion, either in person or by telephone.
(b) The investigating officer recommends a sanction of suspension or expulsion.
(c) The chief administrative officer concludes, based on the available information, that the misconduct occurred and that the respondent's continued presence on campus meets one or more of the following conditions:
1. Would constitute a potential for serious harm to the respondent.
2. Would constitute a potential for serious harm to others.
3. Would pose a threat of serious disruption of university-run or university-authorized activities.
4. Would constitute a potential for serious damage to university facilities or property.
(d) In cases of sexual misconduct as defined in s. UWS 17.151, the chief administrative officer makes reasonable attempts to consult with the complainant and offer protective measures.
(3) If the chief administrative officer determines that an emergency suspension is warranted under sub. (2), the chief administrative officer shall promptly have written notification of the emergency suspension delivered to the respondent. In cases of sexual misconduct, as defined in s. UWS 17.151, the written notification of the emergency suspension shall be delivered simultaneously to the complainant and the respondent. The chief administrative officer's decision to impose an emergency suspension shall be effective immediately when delivered to the respondent and is final.
(4) Where an emergency suspension is imposed, the hearing on the underlying allegations of misconduct shall be held, either on or outside of university lands, within 21 days of the imposition of the emergency suspension, unless the respondent agrees to a later date.
(5) An emergency suspension imposed in accordance with this section shall be in effect until the decision in the hearing on the underlying charges pursuant to s. UWS 17.12 or 17.153 is rendered or the chief administrative officer rescinds the emergency suspension. In no case shall an emergency suspension remain in effect for longer than 30 days, unless the respondent agrees to a longer period.
(6) If the chief administrative officer determines that none of the conditions specified in sub. (2) (c) are present, but that misconduct may have occurred, the case shall proceed in accordance with s. UWS 17.12 or 17.153, as applicable.

Notes

Wis. Admin. Code Board of Regents of the University of Wisconsin System § UWS 17.19
CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09. Amended by, CR 15-060: am. (1), (2) (intro.), (a), (c) (intro.), 1., (3), (4), (5) Register June 2016 No. 726, eff.7/1/2016. Amended by, CR 20-062: cr. (2) (d), am. (3), (5), (6) Register May 2021 No. 785, eff. 6-1-21; correction in (6) made under s. 35.17, Stats., Register May 2021 No. 785, eff. 6/1/2021

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.