Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 4.14 - Dismissal of formal Title IX complaint and related appeal

(1) The university shall dismiss a formal Title IX complaint consisting of allegations that meet any of the following conditions:

(a) The alleged conduct would not constitute Title IX misconduct if proved.

(b) The alleged conduct did not occur in a university program or activity.

(c) The alleged conduct did not involve actions against someone physically located in the United States.

(2) The university may dismiss a formal Title IX complaint when any of the following applies:

(a) The complainant formally requests in writing to withdraw the formal Title IX complaint.

(b) The faculty member is no longer employed by the university.

(c) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination on the allegations contained in the formal Title IX complaint.

(3) The university generally shall decide whether to dismiss a formal Title IX complaint within 30 days of receipt of the formal Title IX complaint, but the university may extend that timeline as necessary. If a formal Title IX complaint is dismissed, then the university shall provide notice of the dismissal and reasons therefore to the faculty member and complainant in writing.

(4) Within 20 days of receipt of the notice of dismissal, the complainant may appeal the dismissal by filing a written appeal with the chancellor. The complainant may appeal on any of the following bases:

(a) Procedural irregularity that affected the outcome of the matter.

(b) New evidence that was not reasonably available at the time of the dismissal that could affect the outcome of the matter.

(c) The university employee making the dismissal decision had a conflict of interest or bias for the faculty member or against the complainant, or against complainants generally, that affected the dismissal decision.

(5) The chancellor shall provide the faculty member and complainant the opportunity to provide a written statement supporting or challenging the dismissal. The chancellor shall simultaneously issue a decision to the complainant and the faculty member within 30 days of receipt of a written appeal. The chancellor's decision shall include the chancellor's rationale for the decision and shall be final.

(6) The dismissal of a formal Title IX complaint does not preclude the university from otherwise pursuing discipline against the faculty member under other administrative rules or university policies.

Notes

Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 4.14

Adopted by, CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (3) made under s. 13.92(4) (b) 12., Stats., Register May 2021 No. 785, eff. 6/1/2021