Chapter 21

Recognized student organizations or student groups representing UW-Whitewater are also held to certain standards of behavior. Anyone who wishes to file a complaint regarding a student organization may do so by contacting the Assistant Dean of Student Life.

The procedures to be followed in allegations of student organization misconduct are contained in the following text:

The University of Wisconsin-Whitewater Office of Campus Activities and Programs is authorized to extend University recognition to student organizations. Student organizations recognized by the University of Wisconsin-Whitewater have considerable freedom to accomplish their goals; however, they must comply with all applicable federal, state and local laws/ordinances, as well as all University rules, policies and procedures. In addition, individual members (students and non-students) representing a student organization and the University are expected to abide by all federal, state and local laws/ordinances, as well as the policies, procedures and guidelines of any off–campus facilities or localities where the organization, team, or group may be. Some possible violations of law and regulations include, but are not limited to:

  • State statutes pertaining to the legal drinking age and the provision of alcoholic beverages to minors.
  • University Equal Opportunity Policy and related procedures regarding student organizations.
  • Student Organization Non–Discrimination Policy
  • University Purchasing and Accounting/Cash Handling Procedures.
  • University Anti–Hazing Policy and state statutes pertaining to hazing
  • Incidents of vandalism and disorderly conduct

Any organization violating these or other standards to which they are held may be subject to disciplinary action, as outlined in this document. Individual students involved in acts violating University policy may also face charges under UWS 17.

Terms Defined

In this procedure:

  1. "Assistant Chancellor" means the Assistant Chancellor for Student Affairs or designee.
  2. "Assistant Dean" means the Assistant Dean for Student Affairs or designee.
  3. "Coordinator of Student Involvement" means the Coordinator of Student Involvement or designee.
  4. "Days" means calendar days.
  5. "Disciplinary Probation" means a status in which the student organization may remain recognized by the university only upon the condition that the organization complies with specified standards of conduct or other requirements or restrictions on privileges, for a specified period of time, not to exceed 24 months.
  6. "Disciplinary sanction" or "sanction" means any action listed in this document taken in response to student organization misconduct.
  7. "Disciplinary Suspension of University Recognition" means a loss of university recognition for a specified length of time, not to exceed 24 months.
  8. "Revocation of University Recognition" means permanent termination of university recognition for a student organization with resultant loss of all student organization rights and privileges.
  9. "Student Organization Conuct Board", "Board", or "SOCB" means the committee appointed pursuant to these procedures to hear and adjudicate alleged incidents of student organization misconduct.
  10. Student Organization" means any group of UW–Whitewater students organized for a purpose and registered with and recognized by the UW–Whitewater Campus Activities and Programs Office, or any recognized group of students representing the university.

A. Procedures for Filing Student Organization Conduct Complaints

Any student, faculty or staff member of the University, or member of the public may file a complaint against a recognized student organization with the Assistant Dean of Student Life. A complaint should be in writing and include as much of the following information as possible:

  • Detailed description of the alleged violation.
  • Date, time and place of alleged violation
  • Name of organization(s) involved in the alleged violation.
  • Name of individual(s) involved in the alleged violation.
  • Name and address of the person(s) filing the complaint (complainant)

All written complaints must be filed with the University Student Conduct Officer within twenty (20) days of when the complainant knew or should have known of the alleged violation. Complaints may be written on the official complaint forms available in the Office of Campus Activities and Programs and the Office of Student Life.

B. Investigation

  1. When the University Student Conduct Officer concludes that proceedings under this section are warranted, he or she will promptly offer to discuss the matter with representatives from the student organization under review. This discussion allows the University Student Conduct Officer to review with organization representatives the bases for the belief that the organization engaged in misconduct, and to afford the organization representatives an opportunity to respond. If representatives from the student organization do not respond to the offer to discuss the matter, the University Student Conduct Officer will proceed to make a determination on the basis of the available information.
  2. If, as a result of the discussion under sub. (1), the University Student Conduct Officer determines that misconduct did not in fact occur, or that no disciplinary sanction is warranted under the circumstances, the matter will be considered resolved without the necessity for further action.
  3. If the case has not been resolved, the University Student Conduct Officer will complete an investigation of the complaint and alleged violations. The investigation may include interviewing of witnesses and procurement of police reports or other documentation.
  4. If, as a result of the investigation, the University Student Conduct Officer determines that a violation has occurred and that one or more of the disciplinary sanctions listed in this document (except suspension or revocation of university recognition) is appropriate, he or she shall prepare a written report that will contain the following:
    1. A description of the conduct;
    2. Specification of the sanction; and
    3. Notice of the organization's right to appeal the decision of the University Student Conduct Officer and to request a hearing before the Student Organization Conduct Board;

The written report will be delivered to the student organization's mail box and will be mailed to the organization president by regular first class United States mail at his or her current local address, as listed on the student database. A copy of the report will also be sent to the advisor of the student organization. Unless the student organization requests a hearing, (Hearing Procedures, Section D) the case is concluded.

C. Student Organization Conduct Hearing Preliminaries

  1. A student organization that receives a written report stating that a determination of misconduct has been made has the right to a hearing (Hearing Procedures, Section D). A written request for a hearing must be submitted to the University Student Conduct Officer within five days of receipt of the report. A copy of the written request will be forwarded to the Coordinator of Student Involvement, who will convene the Student Organization Conduct Board to hold a hearing.
  2. If the disciplinary sanction includes suspension or permanent expulsion of a student organization from the campus, a hearing will be conducted unless the student organization president waives, in writing, the right to such a hearing. The waiver must be signed within two days of receipt of the report. Unless such a waiver is signed, the University Student Conduct Officer will forward a copy of the written report to the Coordinator of Student Involvement who will, upon receipt of the written report, proceed to schedule a hearing on the matter.

D. Student Organization Conduct Hearing Policies and Procedures

  1. If a student organization requests a hearing, or a hearing is required to be scheduled, the Coordinator of Student Involvement will take the necessary steps to convene the Student Organization Conduct Board, and will schedule the hearing within 10 days of receipt of the request or written report. The hearing will be conducted within 20 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the student organization and the University Student Conduct Officer, or is ordered or permitted by the Student Organization Conduct Board.
  2. Once the hearing is scheduled, the organization under charges and the University Student Conduct Officer will receive the following information in writing at least five (5) days before the hearing:
    1. Written notification of the date, time and location of the hearing.
    2. A statement of the charges against the organization.
    3. A copy of the Student Organization Conduct Procedures
  3. A recognized student organization under charges has the right to have the charges heard by a board of its peers. The board of original jurisdiction for all conduct cases involving recognized student organizations is the Student Organization Conduct Board.
  4. Current student leaders of the organization being charged will present the student organization's case at the hearing. Advisors and other representatives may be present at the hearing but will not be allowed to speak unless called as a witness. The University is required to limit attendance to the normal size of a hearing room.
  5. The University's case will be presented by the University Student Conduct Officer.
  6. All hearings will follow the requirements of the Wisconsin Open Meeting Law.
  7. At the beginning of the hearing the Chair will:
    • Call the hearing to order.
    • Record attendance.
    • Ask those present to introduce themselves and state their association with the case. (Faculty/Staff Advisors for the organization under charges may attend and participate in the hearing; however, the defense shall be conducted by the current student leaders).
    • Explain the procedure to be followed during the hearing and answer any questions related to the proceedings.
    • The Chair will read aloud the charges against the organization in question.
    • The Chair will ask the organization under charges to state whether it admits or denies any or all charges.

If the organization under charges admits to the charges:

  1. The University Presenter and one presenter for the organization will each be allowed no more than ten minutes to address the board. After each presentation, members of the board may ask questions of the presenter.
  2. The Student Organization Conduct Board will then move to and vote in order to go into closed session to deliberate on the case and sanctions.

If the organization under charges denies the charges:

  1. The University Presenter will be permitted to make opening remarks (limited to ten minutes).
  2. A designated presenter for the student organization will be permitted to make opening remarks (limited to ten minutes).
  3. The University Presenter will present the university's case and evidence by calling and questioning witnesses one at a time. After the University Presenter has questioned each witness, the designated presenter from the student organization may question the witness and then members of the Student Organization Conduct Board may ask questions of the witness.
  4. A designated presenter from the student organization will then present the student organization's case and evidence by calling and questioning witnesses one at a time. After the student organization presenter has questioned each witness, the University Presenter may question the witness and then members of the Student Organization Conduct Board may ask questions of the witness.
  5. The University Presenter will be permitted no more than ten minutes to make closing remarks.
  6. A designated representative from the organization under charges will be permitted no more than ten minutes to make closing remarks.

In all cases, it is up to the Chair of the Student Organization Conduct Board to determine the appropriateness of any questions asked or evidence presented. Evidence and questions must be shown to be directly relevant to the incident being reviewed. Character witnesses, hearsay, and unduly repetitive testimony will be excluded.

Once all evidence and testimony have been heard the Student Organization Conduct Board shall make a motion and pass it in order to move into closed session for deliberation.

The Student Organization Conduct Board will deliberate at a time and place determined by the Board. The Board shall issue its findings and decision in writing to the parties involved. This shall be done no later than five days from the completion of the hearing.

E. Range of Possible Sanctions

Possible sanctions which the University Student Conduct Officer and the Student Organization Conduct Board may impose on a student organization include, but are not limited to:

  • Disciplinary warning. A written warning that the conduct of the student organization was not appropriate and should not be repeated.
  • Disciplinary probation. Probation means that a student organization will remain recognized providing that it abides by all applicable laws and policies. Probation will allow for the use of University facilities, but all use must first be approved by a SOCB-APPOINTED FACULTY/STAFF MEMBER. Probation may also have several conditions attached. Student organizations currently on disciplinary probation that are found guilty of further misconduct will be subject to a minimum of one semester of disciplinary suspension of university recognition.
  • Loss of University privileges/services (i.e. accounting services, computing, duplicating, etc.).
  • Restitution (i.e. organization may be required to pay for damages).
  • Fines (i.e. organization may be required to pay a sum of money, the amount of which shall be determined through the conduct process).
  • Community Service This would require the organization to organize and/or participate in specified community service activities or events.
  • Education Program attendance/participation, and/or organization in educational programs for the organization or the campus community.
  • Specific conditions Related to Organization Functions and Activities limitations or parameters may be placed on the activities and functioning of the organization
  • Disciplinary suspension of University recognition (includes loss of University privileges and services). This suspension of university recognition would be for a specified period of time. Suspension of university recognition may only be assigned by the Board if it was recommended by the University Student Conduct Officer.
  • Revocation of University recognition. This is a permanent withdrawal of university recognition for the group. Revocation of university recognition may only be assigned by the Board if it was recommended by the University Student Conduct Officer.

F. Conclusion

The Student Organization Conduct Board shall send their final decision in written form to the president of the student organization and the University Student Conduct Officer within three days of reaching their decision. The university may issue a press release at the conclusion of any case to inform the campus community of the outcome of the incident.

G. Appeal Process

If the sanction prescribed by the Student Organization Conduct Hearing Board is suspension or revocation of university recognition, the organization may appeal to the Assistant Chancellor for Student Affairs to review the decision of the board based upon the record. If the sanction recommended by the Assistant Dean of Student Life was suspension or revocation of university recognition and the Student Organization Conduct Hearing Board did not support the recommendation, the Assistant Dean of Student Life may appeal to the Assistant Chancellor for Student Affairs to review the decision of the board based on the record. In either case, the Assistant Chancellor shall sustain the decision of the Student Organization Conduct Board unless the Assistant Chancellor finds:

  1. the evidence of record does not support the finding or recommendations of the board;
  2. established procedures were not followed by the Student Organization Conduct Board and material prejudice to the organization or the university resulted;

All appeals must be submitted to the Assistant Chancellor for Student Affairs in writing within five (5) days after the notification of the decision and the sanction(s). Until such time that the Assistant Chancellor renders a decision, the decision of the Student Organization Conduct Board shall be in effect.

If the Assistant Chancellor for Student Affairs finds grounds for the appeal, he or she may remand the matter for consideration by a different hearing committee or may invoke an appropriate remedy of his or her own.

H. Settlement

The procedures set forth in this document do not preclude a student organization from agreeing that misconduct occurred and to the imposition of a sanction, or to other terms or conditions, after proper notice has been given. Any such agreement shall be made with the University Student Conduct Officer and shall be reduced to writing that, when signed by the student organization president, shall conclude the case.

I. Student Organization Conduct Board

The purpose of the Student Organization Conduct Board is to maintain established standards by helping students and organizations understand their responsibility to the University Community. The Student Organization Conduct Board focuses on peer involvement which will lead to an improved educational experience for students. This is an opportunity for students to formally respond to the actions of their peers within the philosophy of the University.

The Student Organization Conduct Board shall be advised by the Coordinator of Student Involvement during all proceedings.

Member Selection

The Student Organization Conduct Board shall consist of five students appointed by the University Center Associate Director from a pool of potential board members. At any given hearing, quorum shall be a majority plus one.

The chair of the panel will be one of the students serving on the panel, as appointed by the advisor.

Term of Office

These appointments are one year terms and are made in the period of April through September.

Responsibilities of Student Organization Conduct Board Members:

  • To be knowledgeable of University policies and procedures and behavioral standards for recognized student organization.
  • To be objective.
  • To represent all students; not individual organizations.
  • To read complaints and familiarize themselves with the cases prior to the hearings.
  • To remove themselves in a particular case, if they have a bias or direct involvement in the case, or are members of the organization under charges.
  • To attend all hearings.
  • To keep confidential all proceedings, discussions and votes.
  • To audio or videotape all hearings so a complete record is on file in the case of an appeal.

Orientation:

Orientation sessions shall be held for members of the Student Organization Conduct Board and shall be conducted by the Coordinator of Student Involvement and the University Student Conduct Officer. Members must complete the orientation process prior to serving on an adjudicating Board.

Advisor:

The Student Organization Conduct Board will be advised by the Coordinator for Student Involvement.