The nonacademic misconduct process in detail

• A brief summary of the allegations.
• A list of the policies allegedly violated based on the information currently available.
• Information about campus policies and procedures under UWS 17.
• An invitation to the student to schedule a conference to discuss the allegations, and the option to provide information in writing as well as other rights in the process.

This message is secure and can only be accessed by the student.

A disciplinary conference is the opportunity to discuss with a full-time staff member (investigating officer) the alleged behavior, provide one’s own perspective, and clarify information in the incident report.

The letter will include the policies for which the respondent was found responsible, the basis and reasoning for that decision, and the outcomes recommended for the student based on their unique case.

All decisions are made based on a preponderance of the information–what is more likely true than not true–with the exception of decisions to suspend or expel students for incidents that do not involve responsible findings for sexual harassment, sexual assault, dating/domestic violence, or stalking. In those cases, clear and convincing information is necessary to recommend suspension or expulsion.

When multiple students are involved in the same incident, each may not receive the same outcomes. While the behaviors in question may appear to be similar, each student has unique learning needs and conduct histories that may warrant differential outcomes.

The obligation of the investigating officer is to provide a fair process consistent with the procedures outlined in UWS 17 and to make a determination on sanctions/outcomes appropriate for each student consistent with our educational mission.

Hearings maintain the same educational purpose as the overall misconduct process. The student and witnesses are expected to answer questions and fully participate.

Advisors, including attorneys, may only consult with their advisee, except when suspension or expulsion are recommended, or criminal charges for the same behavior are pending. In these cases the advisor may pose questions to parties to the hearing. Respondents are still expected to answer questions directed to them.

The hearing chair may take appropriate steps to ensure the order in the hearing, including designating procedures by which questions may be asked of the complainant or respondent.

The decision of the hearing body will be rendered within 14 days of the date of the hearing and delivered to the student (and complainant, if applicable) via email.

The nonacademic misconduct committee represents the university community in matters of student misconduct.

• Committee members are trained by the Office of Student Conduct & Community Standards on conduct procedures, effective questioning, and determining appropriate sanctions.
• Committees are composed of at least one student and at least two faculty/staff, from a pool appointed through shared governance processes.
• Examiners are a faculty or staff member appointed to the Committee and may resolve cases at the request of the respondent.

Hearings are subject to Wisconsin open meetings laws and while they start as open meetings, are typically moved to a closed session.

Hearings involving allegations of sexual assault, dating/domestic violence, stalking, and sexual harassment are resolved by a misconduct committee only and must be conducted in private.

Hearings are audio recorded and the record is maintained as part of the involved parties’ (respondent/complainant) student record.

Residence hall-specific outcomes (contract cancellation, disciplinary moves) have a separate appeal process. Refer to the finding letter for information on this process.

Suspension and expulsion recommendations are automatically referred to a hearing for resolution, unless the student waives their right to a hearing or resolves the case via settlement agreement.

• Evaluating the positive and negative impact of their behaviors on themselves and their community.
• Apply information learned from the conduct process to their future decisions in order to increase positive consequences and reduce negative consequences for themselves and their community.
• Describe the positive impact participation in the conduct process has on their Wisconsin Experience.
• Repair the harm from their actions or rebuild trust with impacted parties.

The consequences of the misconduct are also called sanctions. They may involve education, affect student status, or involve other sanctions including, but not limited to denial of some university priveleges, payment of restitution, or enrollment restrictions.

Sanctions