Reporting Process

a. Any person (e.g. student, faculty, staff, or community member) may report an alleged violation of the Organizational Rules of Conduct as provided within the Registered Student Organization Code of Conduct.

b. A report that an RSO has violated any provision of the Organizational Rules of Conduct must be submitted to the Office of Student Conduct and Community Standards (OSCCS). Reports may be submitted verbally or in writing including via the reporting form which can be found at https://conduct.students.wisc.edu/registered-student-organizations/. OSCCS may also receive referrals from external entities, including but not limited to law enforcement, media, social media, and university departments. While OSCCS will review all reports it receives, the submission of anonymous reports can significantly impede the university’s ability to address the incident.

c. Upon receiving a report, the Director of OSCCS or their designee will review the relevant information to determine whether the information submitted rises to a possible violation of the Organizational Rules of Conduct. The Director of OSCCS or their designee may request additional information regarding the allegation at any time. If it is found that another judicial body has concurrent jurisdiction over the issue, the report may be shared with that group. The Registered Student Organization Disciplinary Process may be carried out prior to, simultaneously with, or after proceedings of other judicial bodies.

d. If after reviewing the information it is determined by the Director of OSCCS or their designee that there are no potential violations of the Organizational Rules of Conduct, no formal action will be taken.

Interim Measures

a. The Dean of Students or their designee may take immediate action by restricting some or all of an RSO’s activities by imposing interim measures up to and including interim suspension when one or more of the following conditions are met. The behavior alleged in the report(s):

i. Would constitute a potential for serious harm to a member or members of the RSO.

ii. Would constitute a potential for serious harm to another person or other people.

iii. Would pose a threat of serious disruption of university-run or university-authorized activities.

iv. Would constitute a potential for serious damage to university facilities or property.

b. An RSO may request one review of these interim measures. This request will be made to the Dean of Students or their designee who will determine whether the interim measures will remain in place. The Dean of Students or their designee may keep the interim measures in place, alter their terms, or remove them.

c. Interim measures will be in effect until either:

i. They are lifted by the Dean of Students or their designee; or

ii. The RSO Disciplinary Process is completed.

Investigation

a. If it is determined that the information in the report indicates a possible violation of the Organizational Rules of Conduct, OSCCS has thirty (30) calendar days to notify the RSO of the investigation. OSCCS may exercise discretion related to the thirty-day timeline for circumstances that warrant an extension of the timeline.

b. The primary contact (as identified in the Wisconsin Involvement Network) of an RSO charged with an alleged violation or violations of the Organizational Rules of Conduct will be sent a notice containing the following information:

i. The date/time of the alleged incident;

ii. A brief description of the allegations;

iii. The specific charges pending against the RSO;

iv. The RSO’s rights during the process.

c. The primary contact must respond to this notice within ten (10) calendar days to confirm receipt and to begin scheduling an investigatory interview. Exceptions to this timeline may be granted for extenuating circumstances by OSCCS.

d. The investigating officer designated by OSCCS will investigate the allegations by conducting interviews and gathering information.

e. If, as a result of the investigation, the investigating officer determines that organizational misconduct did not in fact occur, or that no disciplinary sanction is warranted under the circumstances, the matter shall be considered resolved without the necessity for further action. The investigating officer shall notify the RSO in writing.

f. If, as a result of the investigation, the investigating officer determines that organizational misconduct did occur and that one or more disciplinary sanctions should be recommended, the investigating officer shall prepare a written report which shall contain all of the following:

i. A description of the alleged misconduct;

ii. A description of all information available to the university regarding the alleged misconduct;

iii. Specification of the sanction sought;

iv. Notice of the RSO’s right to a hearing;

v. A copy of this policy and of the institutional procedures adopted to implement this section.

g. The written report shall be delivered to the RSO.

Alternative Case Resolution

a. A matter can be referred to Alternative Case Resolution at any point in the RSO Disciplinary Process. In the event the RSO and the university cannot agree to a successful outcome via Alternative Case Resolution, the case will be referred back to the investigating officer to continue the investigation or on to a hearing if the investigating officer has already made a recommendation. If a case is successfully resolved via an Alternative Case Resolution, a hearing for the case may not be requested.

b. Examples of Alternative Case Resolution include but are not limited to Restorative Resolution, Mediation, or Negotiated Settlement.

Hearings

a. An RSO that receives a written report under Section 3.f has the right to a hearing to contest the determination that organizational misconduct occurred, the choice of sanctions or both.

i. Where the sanction sought is not suspension or termination, and if the RSO desires a hearing, the RSO shall file a written request with OSCCS within seven (7) calendar days of the date the written report is delivered to the RSO. If the RSO does not request a hearing within this period, the determination of organizational misconduct shall be regarded as final, and the sanction sought shall be imposed.

ii. Where the sanction sought is suspension or termination, the investigating officer shall forward a copy of the written report to OSCCS. OSCCS shall, upon receipt of the written report, proceed to schedule a hearing on the matter. A hearing shall be conducted unless the RSO waives, in writing, the right to such a hearing.

b. All RSO hearings shall be held before a hearing committee as defined in the Registered Student Organization Code of Conduct.

c. No fewer than seven (7) calendar days in advance of the hearing, the hearing committee shall obtain from the investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based and shall provide the RSO with access to or copies of the investigating officer’s explanation, together with any other materials provided to the hearing committee by the investigating officer. The RSO must also share any written or electronic materials for consideration and the names of any witnesses it plans to call with the hearing committee and investigating officer no fewer than seven (7) calendar days in advance of the hearing.

d. Hearings are subject to Wis. Stat. § 19.85, Wisconsin Open Meetings of Governmental Bodies, and may be closed if the RSO’s representatives request a closed hearing or if the members of the hearing committee determine it is necessary to hold a closed hearing. The charged RSO may have an advisor or support person present at any point. The advisor or support person may speak to RSO representatives but cannot address the hearing committee at the hearing. The advisor or support person may not participate in the hearing as a witness. Hearings shall be recorded.

e. Following the hearing, the hearing committee will meet as soon as reasonably possible to deliberate. Deliberations of the hearing committee shall be held in closed session in accordance with Wis. Stat. § 19.85. Within seven (7) calendar days of the hearing, the hearing committee shall issue a written recommendation to the Dean of Students or their designee, including their rationale, based upon the preponderance of the evidence, as to whether the charged RSO was responsible for the charges in the matter. A recommendation to find the RSO responsible for violations must be determined by a majority vote of the hearing committee. If the hearing committee recommends finding the RSO in violation, it will also recommend sanctions.

f. Within seven (7) calendar days of receiving the recommendation from the hearing committee, the Dean of Students or their designee will issue a decision to the RSO. If that decision differs from the hearing committee’s recommendation, it will include a rationale for those differences. If the decision finds the RSO responsible for any violations, it will also include information on how the RSO may appeal the decision.