Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 17.02 - Definitions
In this chapter:
(1)
"Chief administrative officer" means the chancellor of an institution or the
chancellor's designees.
(2) "Clear
and convincing evidence" means information that would persuade a reasonable
person to have a firm belief that a proposition is more likely true than not
true. It is a higher standard of proof than "preponderance of the
evidence."
(2m) "Complainant" means
any individual who is alleged to be the subject of sexual misconduct, as
defined in s. UWS 17.151.
(2r)
"Consent" means words or overt actions by a person who is competent to give
informed consent, indicating a freely given agreement to engage in sexual
activity or other activity referenced in the definitions of sexual assault and
sexual exploitation in s. UWS 17.151. A person is unable to give consent if the
person is in a state of incapacitation because of drugs, alcohol, physical or
intellectual disability, or unconsciousness.
(3) "Days" means calendar days.
(4) "Delivered" means sent by electronic
means to the student's official university email address and, in addition,
provided by any of the following methods:
(a)
Given personally.
(b) Placed in the
student's official university mailbox.
(c) Mailed by regular first class United
States mail to the student's current address as maintained by the
institution.
(5)
"Disciplinary file" means the record maintained by the student affairs officer
responsible for student discipline.
(6) "Disciplinary probation" means a status
in which a student may remain enrolled in the university only upon the
condition that the student complies with specified standards of conduct or
other requirements or restrictions on privileges, for a specified period of
time, not to exceed two years.
(7)
"Disciplinary sanction" means any action listed in s. UWS 17.085(1) taken in
response to student nonacademic misconduct.
(7m) "Education program or activity" means,
for purposes of Title IX misconduct only, locations, events, or circumstances
over which the university exercised substantial control over both the
respondent and the context in which the relevant misconduct occurs, and also
includes any building owned or controlled by a student organization that is
officially recognized by the university.
(8) "Expulsion" means termination of student
status with resultant loss of all student rights and privileges.
(8m) "Formal Title IX complaint" means, for
the purposes of Title IX misconduct only, a document filed by a complainant or
signed by the Title IX Coordinator alleging sexual harassment, sexual assault,
dating violence, domestic violence, or stalking against a student and
requesting that the institution investigate the allegations. At the time of
filing of the formal Title IX complaint, the complainant shall be participating
in or attempting to participate in an educational program or activity. A formal
Title IX complaint may be filed in person, by mail, by electronic mail, or any
other method designated by the university. A formal Title IX complaint shall
include a physical or digital signature of the complainant or the Title IX
Coordinator.
(9) "Hearing examiner"
means an individual, other than the investigating officer, appointed by the
chief administrative officer in accordance with s. UWS 17.06(2) for the
purpose of conducting a hearing under s. UWS 17.12 or 17.153.
(9m) "Incapacitation" means the state of
being unable to physically or mentally make informed rational judgments and
effectively communicate, and may include unconsciousness, sleep, or blackouts,
and may result from the use of alcohol or other drugs. Where alcohol or other
drugs are involved, evaluation of incapacitation requires an assessment of how
the consumption of alcohol or drugs affects a person's decision-making ability;
awareness of consequences; ability to make informed, rational judgments;
capacity to appreciate the nature and quality of the act; or level of
consciousness. The assessment is based on objectively and reasonably apparent
indications of incapacitation when viewed from the perspective of a sober,
reasonable person.
(10)
"Institution" means any university, or an organizational equivalent designated
by the board.
(11) "Investigating
officer" means an individual, or the individual's designee, appointed by the
chief administrative officer of each institution, to conduct investigations of
nonacademic misconduct under this chapter.
(12) "Nonacademic misconduct hearing
committee" or "committee" means the committee appointed pursuant to s. UWS 17.07 to conduct hearings under s. UWS 17.12 or 17.153.
(12m) "Party" refers to a respondent or
complainant involved in a disciplinary procedure under subch. III.
(13) "Preponderance of the evidence" means
information that would persuade a reasonable person that a proposition is more
probably true than not true. It is a lower standard of proof than "clear and
convincing evidence" and is the minimum standard for a finding of
responsibility under this chapter.
(13m) "Respondent," means any student who was
registered for study in an institution for the academic period, or between
academic periods for continuing students, when the misconduct occurred and has
been reported to have violated s. UWS 17.09 or 17.151.
(14) "Student" means any person who is
registered for study in an institution for the academic period in which the
misconduct occurred, or between academic periods, for continuing
students.
(15) "Student affairs
officer" means the dean of students, student affairs officer, or other
personnel designated by the chief administrative officer to coordinate
disciplinary hearings and carry out duties described in this chapter.
(16) "Suspension" means a loss of student
status for a specified length of time, not to exceed two years, with resultant
loss of all student rights and privileges.
(17) "University lands" means all real
property owned by, leased by, or otherwise subject to the control of the Board
of Regents of the University of Wisconsin System.
Notes
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