UW System Policies
UWS Chapter 14: Student Academic Disciplinary Procedures
UWS Chapter 17: Student Nonacademic Disciplinary Procedures
UWS Chapter 18: Conduct on University Lands
Equal Opportunities in Education
Policy on Sexual Harassment
UWS Chapter 14: Student Academic Disciplinary Procedures
UWS 14.01 Statement of Principles
UWS 14.02 Definitions
UWS 14.03 Academic Misconduct Subject to Disciplinary action
UWS 14.04 Disciplinary sanctions
UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor
UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct by the instructor
UWS 14.08 Hearing
UWS 14.09 Appeal to the Chancellor
UWS 14.10 Discretionary Appeal to the Board of Regents
UWS 14.11 Settlement
UWS 14.12 Effect of Discipline within the University System
UWS 14.13 Right of Petition of Readmission
UWS 14.14 Investigating Officer
UWS 14.15 Academic Misconduct Hearing Committee
UWS 14.16 Notice to Students
UWS 14.17 Notice to Instructors
UWS 14.18 Consistent Institutional Policies
Introduction:
This information identifies the procedures to be followed when a student is accused of academic misconduct. Chapter UWS 14, as approved by the Board of Regents and the State of Wisconsin, is reproduced herein (local options are typed in bolder type). Nonacademic discipline is covered by Chapter UWS 17. Please refer to those procedures or contact the Office of Student Affairs for more information concerning nonacademic disciplinary procedures.
UWS 14.01 Statement of Principles
The Board of Regents, administrators, faculty, academic staff and students of the University of Wisconsin System believe that academic honesty and integrity are fundamental to the mission of higher education and of the University of Wisconsin System. The University has a responsibility to promote academic honesty and integrity and to develop procedures to deal effectively with instances of academic dishonesty. Students are responsible for the honest completion and representation of their work, for the appropriate citation of sources, and for respect of others' academic endeavors. Students who violate these standards must be confronted and must accept the consequences of their actions.
UWS. 14.02 Definitions
In this chapter:
1. "Academic misconduct" means an act described in s. UWS 14.03.
2. "Academic misconduct hearing committee" means the committee of hearing examiner appointed pursuant to s. UWS 14.15 to conduct hearings under UWS 14.08.
3. "Chancellor" means the chancellor or designee.
4. "Days" means calendar days.
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 for a specified period of time, not to exceed 2 semesters.
7. "Disciplinary sanction" means any action listed in s. UWS 14.04 taken in response to student academic misconduct.
8. "Expulsion" means termination of student status with resultant loss of all student rights and privileges.
9. "Hearing examiner" means an individual appointed by the chancellor in accordance with s. UWS 14.15 for the purpose of conducting a hearing under s. UWS 14.08.
10. "Institution" means any University or center, or organizational equivalent designated by the board.
11. "Instructor" means the faculty member or instructional academic staff member who has responsibility for the overall conduct of a course and ultimate responsibility for the assignment of the grade for the course.
12. "Investigating officer" means an individual, or his or her designee, appointed by the chancellor of each institution to carry out certain responsibilities in the course of investigations of academic misconduct under this chapter.
13. "Student" means any person who is registered for study in an institution for the academic period in which the misconduct occurred.
14. "Student affairs officer" means the dean of students or student affairs officer designated by the chancellor to carry out duties described in this chapter.
15. "Suspension" means a loss of student status for a specified length of time, not to exceed 2 years, with resultant loss of all student rights and privileges.
UWS 14.03 Academic misconduct subject to disciplinary action
1. Academic misconduct is an act in which a student:
a. Seeks to claim credit for the work or efforts of another without authorization or citation;
b. Uses unauthorized materials or fabricated data in any academic exercise;
c. Forges or falsifies academic documents or records;
d. Intentionally impedes or damages the academic work of others;
e. Engages in conduct aimed at making false representation of a student's academic performance; or
f. Assists other students in any of these acts.
2. Examples of academic misconduct include, but are not limited to: cheating on an examination; collaborating with others in work to be presented, contrary to the stated rules of the course; submitting a paper or assignment as one's own work when a part or all of the paper or assignment is the work of another; submitting a paper or assignment that contains ideas or research of others without appropriately identifying the sources of those ideas; stealing examinations or course materials; submitting, if contrary to the rules of a course, work previously presented in another course; tampering with the laboratory experiment or computer program of another student; knowingly and intentionally assisting another student in any of the above, including assistance in an arrangement whereby any work, classroom performance, examination or other activity is submitted or performed by a person other than the student under whose name the work is submitted or performed.
UWS 14.04 Disciplinary sanctions
1. The following are the disciplinary sanctions that may be imposed for academic misconduct in accordance with the procedures of s. UWS 14.05, 14.06 or 14.07.
a. An oral reprimand;
b. A written reprimand presented only to the student;
c. An assignment to repeat the work, to be graded on its merits;
d. A lower or failing grade on the particular assignment or test;
e. A lower grade in the course;
f. A failing grade in the course;
g. Removal of the student from the course in progress;
h. A written reprimand to be included in the student's disciplinary file;
i. Disciplinary probation; or
j. Suspension or expulsion from the University
2. One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of academic misconduct.
UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor
1. Where an instructor concludes that a student enrolled in one of his or her courses has engaged in academic misconduct in the course, the instructor for that course may impose one or more of the following disciplinary sanctions, as listed under s. UWS 14.04 (1) (a) through (c):
a. An oral reprimand;
b. A written reprimand presented only to the student; or
c. An assignment to repeat the work, to be graded on its merits.
2. No disciplinary sanction may be imposed under this section unless the instructor promptly offers to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.
3. A student who receives a disciplinary sanction under this section has the right to a hearing before the academic misconduct hearing committee under s. UWS 14.08 to contest the determination that academic misconduct occurred, or the disciplinary sanction imposed, or both. If the student desires such a hearing, he or she must file a written request with the student affairs officer within 20 days of imposition of the disciplinary sanction by the instructor.
UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct by the instructor
Where an instructor believes that a student enrolled in one of his or her courses has engaged in academic misconduct and the sanctions listed under s. UWS 14.04 (1) (a) through (c) are inadequate or inappropriate, the instructor may proceed in accordance with this section to impose, subject to hearing rights in s. UWS 14.08, one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h).
1. Conference with Student.
When an instructor concludes that proceedings. under this section are warranted, the instructor shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the instructor to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.
2. Determination by the instructor that no academic misconduct occurred.
If, as a result of a discussion under sub. (1), the instructor determines that academic 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 or a written report.
3. Process following determination by the Instructor that academic misconduct occurred.
a. If, as a result of a discussion under sub. (1), the instructor determines that. academic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h) should be recommended, the instructor shall prepare a written report so informing the student, which shall contain the following.
1. A description of the misconduct;
2. Specification of the sanction recommended;
3. Notice of the student's right to request a hearing before the academic misconduct hearing committee, and
4. A copy of the institutional procedures adopted to implement this section.
b. The written report shall be delivered personally to the student or be mailed to the student by regular first class United States mail at his or her current address, as maintained at the institution. In addition, copies of the report shall be provided to the institution's student affairs officer and to others authorized by institutional procedures.
c. A student who receives a written report under this section has the right to a hearing before the academic misconduct hearing committee under s. UWS 14.08 to contest the determination that academic misconduct occurred, or the choice of disciplinary sanction, or both. If the student desires the hearing before the academic misconduct hearing committee, the student must file a written request with the students affairs officer within 10 days of personal delivery or mailing of the written report. If the student does not request a hearing within this period, the determination of academic misconduct shall be regarded as final, and the disciplinary sanction recommended shall be imposed.
4. Process following determination by the Instructor that disciplinary probation, suspension or expulsion may
a. If, as a result of a discussion under sub. (1), the instructor determines that academic misconduct did occur and that disciplinary probation, suspension or expulsion under s. UWS 14.04 (1) (i) or (j) should be recommended, the instructor shall provide a written report to the investigating officer, which shall contain the following:
1. A description of the misconduct; and
2. Specification of the sanction recommended. Upon receipt of a report under this subsection, the investigating officer may proceed, in accordance with s. UWS 14.07, to impose a disciplinary sanction.
UWS 14.07 Disciplinary sanction imposed following a report of academic misconduct by the investigating officer.
The investigating officer may proceed in accordance with this section to impose, subject to hearing and appeal rights, one or more of the disciplinary sanctions listed in s. UWS 14.04 (l) (g) through (j).
1. AUTHORITY OF INVESTIGATING OFFICER. The investigating officer may proceed in accordance with this section when he or she receives information that a student at the institution has engaged in alleged academic misconduct and:
a. Some or all of the alleged academic misconduct occurred outside the scope of any course for which the involved student is currently registered;
b. The involved student has previously engaged in academic misconduct subject to the disciplinary sanctions listed in s. UWS 14.04 (1) (d) through (j);
c. The alleged misconduct would, if proved to have occurred, warrant a sanction of disciplinary probation, suspension or expulsion; or
d. The instructor in the course is unable to proceed.
2. CONFERENCE WITH STUDENT. When the investigating officer concludes that proceedings under this section are warranted, he or she shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the investigating officer to review with the student the bases for his or her belief that the student engaged in academic misconduct, and to afford the student an opportunity to respond.
3. CONFERENCE WITH THE INSTRUCTOR. An investigating officer proceeding under this section shall discuss the matter with an involved instructor. This discussion may occur either before or after the conference with the student. It may include consultation with the instructor on the facts underlying the alleged academic misconduct and on the propriety of the recommended sanction.
4. DETERMINATION BY THE INVESTIGATING OFFICER THAT NO ACADEMIC MISCONDUCT OCCURRED. If, as a result of discussions under subs. (2) and (3), the investigating officer determines that academic 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 or a written report.
5. Process following determination by the Investigating Officer that academic misconduct occurred.
a. If, as a result of discussions under subs (2) and (3), the investigating officer determines that academic misconduct did occur and that one or more of the disciplinary sanctions listed under s. UWS 14.04 (1) (g) through (j) should be recommended, the investigating officer shall prepare a written report so informing the student, which shall contain the following:
1. A description of the misconduct;
2. Specification of the sanction recommended;
3. Notice of the student's right to a hearing before the academic misconduct hearing committee;
4. A copy of the institutional procedures adopted to implement this section.
b. The written report shall be delivered personally to the student or mailed to the student by regular first class United States mail at his or her current address, as maintained at the institution. In addition, a copy of the report shall be provided to the instructor and to the institution's student affairs officer.
c. A student who receives a written report under this section has the right to a hearing before the academic misconduct hearing committee under s. UWS 14.08 to contest the determination that academic misconduct occurred, or the choice of disciplinary sanction, or both.
1. Except in cases where the disciplinary sanction recommended is disciplinary probation, suspension, or expulsion, if the student desires the hearing before the academic misconduct hearing committee, the student must file a written request with the student affairs officer within 10 days of personal delivery or mailing of the written report. If the student does not request a hearing within this period, the determination of academic misconduct shall be regarded as final, and the disciplinary sanction recommended shall be imposed.
2. In cases where the disciplinary sanction recommended is disciplinary probation, suspension or expulsion, the student affairs officer shall, upon receipt of the written report under par. (b), proceed under s. UWS 14.08 to schedule a hearing on the matter. The purpose of the hearing shall be to review the determination that academic misconduct occurred and the disciplinary sanction recommended. A hearing will be conducted unless the student waives, in writing, the right to such a hearing.
UWS 14.08 Hearing
1. If a student requests a hearing, or a hearing is required to be scheduled under s. UWS 14.07 (5) (c) 2, the student affairs officer shall take the necessary steps to convene the academic misconduct hearing committee and shall schedule the hearing within 10 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the student, instructor or investigating officer, and the members of the hearing committee.
2. Reasonably in advance of the hearing, the committee shall obtain from the instructor or investigating officer, in writing, a full explanation of the facts upon which the determination of misconduct was based, and shall provide a copy of ch. UWS 14 to the student.
3. The hearing before the academic misconduct hearing committee shall be conducted in accordance with the following requirements.
a. The student shall have the right to question adverse witnesses, the right to present evidence and witnesses, and to be heard in his or her own behalf, and the right to be accompanied by a representative of his or her choice.
b. The hearing committee shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges.
c. The hearing committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. Any party to the hearing may obtain copies of the record at his or her own expense. Upon a showing of indigency and legal need, a party may be provided a copy of the verbatim record of the testimony without charge.
d. The hearing committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing.
e. The hearing committee may find academic misconduct and impose a sanction of suspension or expulsion only if the proof of such misconduct is clear and convincing. In other cases, a finding of misconduct must be based on a preponderance of the credible evidence.
f. The committee may impose a disciplinary sanction that differs from the recommendation of the instructor or investigating officer.
g. The instructor or the investigating officer or both may be witnesses at the hearing conducted by the committee, but do not have responsibility for conducting the hearing.
h. The decision of the hearing committee shall be served upon the student either by personal delivery or by first class United States mail and shall become final within 10 days of service, unless an appeal is taken under s. UWS 14.09.
UWS 14.09 Appeal to the Chancellor
1. Where the sanction prescribed by the hearing committee is suspension or expulsion, the student may appeal to the Chancellor to review the decision of the hearing committee on the record. In such a case, the Chancellor shall sustain the decision of the academic misconduct hearing committee unless the Chancellor finds:
a. The evidence of record does not support the findings and recommendations of the hearing committee;
b. Established procedures were not followed by the academic misconduct hearing committee and material prejudice to the student resulted; or
c. The decision was based on factors proscribed by state or federal law regarding equal education opportunities.
2. If the Chancellor makes a finding under sub. (1), the Chancellor may remand the matter for consideration by a different hearing committee, or, in the alternative, may invoke an appropriate remedy of his or her own.
UWS 14.10 Discretionary Appeal to the Board of Regents
Institutional decisions under ss. UWS 14.05 through 14.09 shall be final, except that the board of regents may, at its discretion, grant a review upon the record.
UWS 14.11 Settlement
The procedures set forth in this chapter do not preclude a student from agreeing that academic misconduct occurred and to the imposition of a sanction, after proper notice has been given. Required written reports, however, may not be waived.
UWS 14.12 Effect of Discipline within the University System
Suspension or expulsion shall be system-wide in effect.
1. A student who is suspended or expelled from one institution in the University of Wisconsin may not enroll in another institution in the system unless the suspension has expired by its own terms or one year has elapsed after the student has been suspended or expelled.
2. Upon completion of a suspension period, a student may re-enroll in the institution which suspended him or her as if no suspension had been imposed.
UWS 14.13 Right of Petition of Readmission
A student who has been expelled may petition for readmission, and a student who has been suspended may petition for readmission prior to the expiration of the suspension period. The petition for readmission must be in writing and directed to the Chancellor of the institution from which the student was suspended or expelled. The petition may not be filed before the expiration of one year from the date of the final determination in expulsion cases, or before the expiration of one-half of the suspension period in suspension cases. The Chancellor shall ask the Academic Misconduct Hearing Committee to review all petitions for readmission and make appropriate recommendations.
UWS 14.14 Investigating Officer
The Chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall designate an investigating officer or officers for student academic misconduct. The investigating officer shall have responsibility for investigating student academic misconduct and initiating procedures for academic misconduct under s. UWS 14.07. An investigating officer may also serve on the academic misconduct hearing committee for a case, if he or she has not otherwise been involved in the matter.
UWS 14.15 Academic Misconduct Hearing Committee
Institutional Option.
The Chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student academic misconduct hearing committee or designation of a hearing examiner to fulfill the responsibilities of the academic misconduct hearing committee in this chapter.
1. A student academic misconduct hearing committee shall consist of at least 3 persons, including a student or students, and the presiding officer shall be appointed by the Chancellor. The presiding officer and at least one other member shall constitute a quorum at any hearing held pursuant to due notice. At the UW-Whitewater the Academic Misconduct Hearing Committee shall consist of five members: three faculty members and two student members. The chair of the hearing committee shall be a faculty member appointed by the Chancellor. The three faculty members shall be appointed from six persons recommended to the Chancellor by the Faculty Senate. The two student members shall be appointed from four persons recommended to the Chancellor by the Student Senate. All hearings shall follow procedures consistent with those outlined in Chapter UWS 14. Any faculty or student member involved in the case is disqualified from setting on the committee in that case. Any other committee member who cannot render impartial judgment in the case shall disqualify him/herself.
UWS 14.16 Notice to Students
Each institution shall publish and make freely available to students copies of ch.. UWS 14 and any institutional policies implementing ch.. UWS 14.
UWS 14.17 Notice to Instructors.
Each institution shall adopt procedures to ensure that instructors are familiar with these policies. Each institution shall provide instructors with copies of ch.. UWS 14 and any institutional policies implementing ch.. UWS 14 upon employment with the University, and each department chair shall be provided such copies upon assuming the duties of the chair.
UWS 14.18 Consistent Institutional Policies
Each institution is authorized to adopt policies consistent with this chapter. A copy of such policies shall be filed with the Board of Regents and the University of Wisconsin System Office of Academic Affairs.
1. At the UW-Whitewater the Office of Vice Chancellor shall be responsible for the implementation and enforcement of ch.. UWS 14. Those duties and responsibilities assigned the "student affairs officer" shall be carried out by the Vice Chancellor's office.
2. At the UW-Whitewater a student who is found guilty of a second offense of academic misconduct shall be, at the discretion of the investigating officer, subject to suspension or expulsion from the University.
UWS Chapter 17: Student Nonacademic Disciplinary Procedures
UWS 17.01 Policy Statement
UWS 17.02 Definitions
UWS 17.03 Nonacademic Misconduct Subject to Disciplinary Action
UWS 17.04 Disciplinary Sanctions
UWS 17.05 Disciplinary Procedure
UWS 17.06 Hearing
UWS 17.07 Appeal to the Chancellor
UWS 17.08 Discretionary Appeal to the Board of Regents
UWS 17.09 Settlement
UWS 17.10 Effect of Discipline Within the Institution
UWS 17.11 Effect of Discipline Within the University System
UWS 17.12 Right to Petition for Readmission
UWS 17.13 Designation of Investigating Officer
UWS 17.14 Nonacademic Misconduct Hearing Committee: Institutional Option
UWS 17.15 Notice to Students
UWS 17.16 Consistent Institutional Policies
UWS 17.17 Emergency Suspension
Note: See ch.. UWS 14 for student academic disciplinary procedures.
The board of regents, administration, faculty, academic staff an students of the University of Wisconsin system believe that thee teaching, learning, research and service activities of thee university can flourish only in an environment that is safe from violence and free of harassment, fraud, theft, disruption and intimidation. The university has a responsibility to identify basic standards of nonacademic conduct necessary to protect the community, and to develop procedures to deal effectively with instances of misconduct while observing the rights of students. Students who violate these standards of behavior are subject to university disciplinary action.
If a student has been accused of a Chapter 17 violation, the first step is to discuss the matter with the Assistant Dean of Student Life for Nonacademic Discipline. An investigation of the alleged incident will be conducted and a decision will be made regarding the disposition of the case. Any student who is held responsible for a violation will have the right to appeal the decision of the Assistant Dean of Student Life for Nonacademic Discipline.
Disciplinary Policies
The UW-Whitewater has an established due process procedure for all disciplinary proceedings. Disciplinary proceedings cover a spectrum of offenses ranging from non-academic to academic misconduct. There is also a due process procedure set-up to allow students an appeal process. Sanctions are imposed according to the nature and severity of the offense, which also plays a part in which disciplinary process is utilized.
Along a different line, grievance procedures are defined to provide an effective process for the resolution of illegal discrimination against UW-Whitewater, or any of its employees or students.
Complete copies of the UW-Whitewater Student Disciplinary Procedures, the University of Wisconsin System Disciplinary Procedures, and UW System Administrative Code Chapters 14 and 17 are available in this handbook. Interpretations of the documents are available and/or procedures for interpretation can be made to individuals or groups upon request from the Office of the Associate Dean for Nonacademic Discipline.
UW-Whitewater Judicial Procedure for Student Organizations
Recognized student organizations have considerable freedom to accomplish their goals. However, they must comply with all Federal and State laws as well as all University policy and procedure. Any organization in violation of these standards is subject to disciplinary action.
The specific Student Organization Judicial Procedure will be distributed annually to all recognized organizations. This code provides examples of the type of violations, outlines the procedure to file/hear complaints, and articulates possible sanctions. For more information please contact the Center for Leadership Development.
UWS 17.01 Policy Statement
The board of regents, administration, faculty, academic staff and students of the university of Wisconsin system believe that the teaching, learning, research and service activities of the university can flourish only in an environment that is safe from violence and free of harassment, fraud, theft, disruption and intimidation. The university has a responsibility to identify basic standards of nonacademic conduct necessary to protect the community, and to develop procedures to deal effectively with instances of misconduct while observing the procedural ad substantive rights of student. Any person who violates state or federal laws on university property may face prosecution in the appropriate courts. In addition, students, faculty or staff who violate university standards are subject to university disciplinary action. This chapter describes the standards and procedures for addressing nonacademic misconduct by students.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.02 Definitions.
For purposes of this chapter:
1. "Chancellor" means the chancellor or designee.
2. "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
3. "Days" means calendar days.
4. "Disciplinary file" means the record maintained by the student affairs officer responsible for student discipline.
5. "Disciplinary probation" means a status in which a student may remain enrolled at 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 24 months.
6. "Disciplinary sanction" means any action listed in s. UWS 17.04(1) taken in response to student nonacademic misconduct.
7. "Expulsion" means termination of student status with resultant loss of all student rights and privileges.
8. "Harassment" means:
a. Striking, shoving, kicking or otherwise subjecting another person to physical contact or attempting or threatening to do the same with the intent to harass or intimidate that person; or
b. Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person, which serve no legitimate purpose, and which are intended to harass or intimidate another person.
9. "Hearing examiner" means an individual appointed by the chancellor in accordance with s. UWS 17.14(2) for the purpose of conducting a hearing under s. UWS 17.06.
10. "Institution" means any university, center, or an organizational equivalent designated by the board.
11. "Investigating officer" means an individual, or his or her designee, appointed by the chancellor of each institution to carry out certain responsibilities in the course of investigations of nonacademic misconduct under this chapter.
12. "Members of the university community" means students and employees of the university.
13. "Nonacademic misconduct hearing committee" or "committee" means the committee or hearing examiner appointed pursuant to s. UWS 17.14 to conduct hearings under s. UWS 17.06.
14. "Stalking" means repeatedly following or remaining in visual or physical proximity to a person, or repeatedly conveying verbal or written threats or threats implied by conduct, or a combination thereof, where:
a. Such conduct is intentional;
b. Such conduct is directed at a person;
c. Such conduct would cause a reasonable person to be in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint;
d. The actor has knowledge or should have knowledge that the specific person will be placed in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint; and
e. The acts induce reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint.
15. "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.
16. "Student affairs officer" means the dean of students or student affairs officer designated by the chancellor to carry out duties described in this chapter.
17. "Suspension" means a loss of student status for a specified length of time, not to exceed 24 months, with resultant loss of all student rights and privileges.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.03 Nonacademic misconduct subject to disciplinary action.
The university may discipline a student in nonacademic matters in the following situations:
1.
(a) For conduct which constitutes a serious danger to the personal safety of a member of the university community or guest.
(b) Examples of the conduct prohibited by this subsection include, but are not limited to: engaging in conduct that is a crime involving danger to property or persons, as defined in s. UWS 18.06(22)(d); attacking or otherwise physically abusing, threatening to physically injure or physically intimidating a member of the university community or a guest; attacking or throwing rocks or other dangerous objects at law enforcement personnel, or inciting others to do so; selling or delivering a controlled substance, as defined in ch.. 161, Stats., or possessing a controlled substance with intent to sell or deliver; removing, tampering with or otherwise rendering useless university equipment or property intended for use in preserving or protecting the safety of members of the university community, such as fire alarms, fire extinguishers, fire exit signs, first aid equipment, or emergency telephones; or obstructing fire escape routes.
Note: The offenses enumerated in s. UWS 18.06(22)(d) include serious crimes against the person, such as sexual assault.
2.
(a) For stalking or harassment.
(b) This subsection does not apply to conduct that is or acts that are protected by a person's right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to any of the following;
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.
2. Assembling peaceably.
3. Peaceful picketing or patrolling.
3. For conduct that seriously damages or destroys university property or attempts to damage or destroy university property, or the property of a member of the university community or guest.
4.
(a) For conduct that obstructs or seriously impairs or attempts to obstruct or seriously impair university-run or university-authorized activities, or that interferes with or impedes the ability of a member of the university community, or guest, to participate in university-run or university-authorized activities.
(b) Examples of the conduct prohibited under this subsection include, but are not limited to: preventing or blocking physical entry to, or exit from, a university building, corridor or room; engaging in shouted interruptions, whistling, or similar means of interfering with a classroom presentation or a university-sponsored speech or program; obstructing a university officer or employee engaged in the lawful performance of duties; obstructing or interfering with a student engaged in attending classes or participating in university-run or university-authorized activities; or knowingly disrupting access to university computing resources, or misusing university computing resources.
5. For unauthorized possession of university property or property of another member of the university community or guest.
6. For acts which violate the provisions of ch.. UWS 18, Conduct on University Lands.
7. For knowingly making a false statement to any university employee or agent regarding a university matter, or for refusing to identify oneself to such an employee or agent.
8. For violating a standard of conduct, or other requirement or restriction imposed in connection with disciplinary action.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.04 Disciplinary sanctions
1. The following are the disciplinary sanctions that may be imposed for nonacademic misconduct, in accordance with the procedures of ss. UWS 17.05 to 17.07:
(a) A reprimand;
(b) Denial of specified university privileges;
(c) Imposition of reasonable terms and conditions on continued student status;
(d) Restitution;
(e) Removal of the student from the course in progress;
(f) Disciplinary probation;
(g) Suspension; or
(h) Expulsion.
2. One or more of the disciplinary sanctions listed in sub. (1) may be imposed for an incident of nonacademic misconduct.
3. Disciplinary sanctions shall not include the cut-off or revocation of student financial aid; however, this shall not be interpreted as precluding the individual operation of rules or standards governing eligibility for student financial aid under which the imposition of a disciplinary sanction could result in disqualification of a student for financial aid.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.05 Disciplinary procedure.
The investigating officer may proceed in accordance with this section to impose, subject to hearing and appeal rights, one or more of the disciplinary sanctions listed in s. UWS 17.04(1).
1. Conference with student. When the investigating officer concludes that proceedings under this section are warranted, the investigating officer shall promptly offer to discuss the matter with the student. The purpose of this discussion is to permit the investigating officer to review with the student the bases for his or her belief that the student engaged in nonacademic misconduct, and to afford the student an opportunity to respond. If the student does not respond to the investigating officer's offer to discuss the matter, the investigating officer may proceed to make a determination on the basis of the available information.
2. Determination by the investigating officer that no disciplinary sanction is warranted. If, as a result of discussion under sub. (1), the investigating officer determines that nonacademic 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. Process following determination by the investigating officer that nonacademic misconduct occurred.
(a) If, as a result of a discussion or review of available information under sub. (1), the investigating officer determines that nonacademic misconduct did not occur and that one or more of the disciplinary sanctions listed under s. UWS 17.04(1) should be recommended, the investigating officer shall prepare a written report which shall contain the following:
1. A description of the misconduct;
2. Specification of the sanction sought;
3. Notice of the student's right to a hearing before the nonacademic misconduct hearing committee; and
4. A copy of this chapter and of the institutional procedures adopted to implement this section.
(b) The written report shall be delivered personally to the student or be mailed to the student by regular first class United States mail at his or her current address, as maintained at the institution.
(c) A student who receives a written report under this section has the right to a hearing before the nonacademic misconduct hearing committee under s. UWS 17.06 to contest the determination that nonacademic misconduct occurred, or the choice of disciplinary sanction, or both.
1. Where the disciplinary sanction sought is one of those listed in s. UWS 17.04(1)(a) to (f), and the student desires the hearing before the nonacademic misconduct hearing committee, the student must file a written report with the student affairs officer within 10 days of personal delivery or mailing of the written report. If the student does not request a hearing within this period, the determination of nonacademic misconduct shall be regarded as final, and the disciplinary sanction sought shall be imposed.
2. Where the disciplinary sanction sought is suspension under s. UWS 17.04(1)(g) or (h), the investigating officer shall forward a copy of the written report under par. (b) to the student affairs officer. The student affairs officer shall, upon receipt of the written report, proceed under s. UWS 17.06, to schedule a hearing on the matter. A hearing will be conducted unless the student waives, in writing, the right to such a hearing.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.06 Hearing
1. If a student requests a hearing, or a hearing is required to be scheduled under s. UWS 17.05(3)(c)2, the student affairs officer shall take the necessary steps to convene the nonacademic misconduct hearing committee or have a hearing examiner designated, and shall schedule the hearing within 15 days of receipt of the request or written report. The hearing shall be conducted within 45 days of receipt of the request or written report, unless a different time period is mutually agreed upon by the student and investigating officer, or is ordered or permitted by the committee.
2. A student who requests a hearing, or for whom a hearing is scheduled under s. 17.05(3)(c)2, shall have the right to decide whether the matter will be heard by a hearing committee or a hearing examiner.
3. Reasonably in advance of the hearing, the 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 student with access to or copies of the investigating officer's explanation, together with any other materials provided to the committee by the investigating officer.
4. The hearing before the nonacademic misconduct hearing committee shall be conducted in accordance with the following requirements:
(a) The student shall have the right to question adverse witnesses, the right to present evidence and witnesses, and to be heard in his or her own behalf, and the right to be represented by an individual of his or her choice, at his or her own expense.
(b) The committee shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value, but shall exceed immaterial, irrelevant, or unduly repetitious testimony, and shall observe recognized legal privileges.
(c) The committee shall make a record of the hearing. The record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. Any party to the hearing may obtain copies of the record at his or her own expense. Upon a showing of indigence and legal need, a party may be provided a copy of the verbatim testimony without charge.
(d) The committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing.
(e) The committee may find nonacademic misconduct and impose a sanction of suspension or expulsion only if the proof of such misconduct is clear and convincing. In other cases, proof of the misconduct shall be established by the preponderance of the credible evidence.
(f) The committee may impose one or more of the disciplinary sanctions listed in s. UWS 17.04(1)(a) to (f) that differs from the recommendation of the investigating officer. Suspension or expulsion under s. UWS 17.04(1)(g) and (h) may not be imposed unless recommended by the investigating officer.
(g) The investigating officer or another institutional representative shall present the case against the student. The investigating officer may be a witness at the hearing conducted by the committee, but does not have responsibility for conducting the hearing.
(h) The decision of the committee shall be prepared within 10 days of the hearing, and served upon the student either by personal delivery or by first class United States mail to his or her current address as maintained by the institution. The decision shall become final within 10 days of personal delivery or mailing, unless an appeal is taken under s. 17.07.
(i) Failure of a party to appear at the scheduled hearing and proceed shall constitute default. The committee may either dismiss the case, or, upon a prima facie showing, find that the student committed the misconduct alleged.
(j) Hearings to receive evidence or hear argument shall be public unless the student whose case is being heard requests a closed hearing or the committee determines that it is necessary to hold a closed hearing for a reason specified under s. 19.85, Stats. The deliberations of the committee shall not be public.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.07 Appeal to the Chancellor.
1. Where the sanction prescribed by the hearing committee is suspension or expulsion, the student may appeal to the chancellor to review the decision of the hearing committee based upon the record. In such a case, the chancellor shall sustain the decision of the nonacademic misconduct hearing committee unless the chancellor finds:
(a) The evidence of record does not support the findings or recommendations of the hearing committee;
(b) Established procedures were not followed by the nonacademic misconduct hearing committee and material prejudice to the student resulted; or
(c) The decision was based on factors proscribed by state or federal law regarding equal education opportunities.
2. If the chancellor makes a finding under sub. (1), the chancellor may remand the matter for consideration by a different hearing committee, or may invoke an appropriate remedy of his or her own.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.08 Discretionary appeal to the board of regents.
Institutional decisions under ss. UWS 17.05 to 17.07 shall be final, except that the board of regents may, at its discretion, grant a review upon the record.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.09 Settlement.
The procedures set forth in this chapter do not preclude a student from agreeing that nonacademic 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 reduced to writing which, when signed by the student, shall conclude the case.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.10 Effect of discipline within the institution.
Students who are, at the time of commencement, subject to a disciplinary sanction under s. UWS 17.04(1)(d) to (f), or who are under charges as a result of a report under s. UWS 17.05(3)(c)2 that could lead to suspension or expulsion, shall not be awarded degrees during the pendency of the sanction or disciplinary proceedings.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.11 Effect of discipline within the university system
Suspension or expulsion shall be system-wide in effect.
1. A student who is expelled from one institution in the University of Wisconsin system may not enroll in another institution in the system unless the suspension has expired by its own terms or one year has elapsed after the student has been suspended or expelled.
2. No person who is in a state of suspension or expulsion from the university under this chapter, or who takes leave or resigns under charges after being charged by the university under this chapter, may enter any campus without the written consent of the chief administrative officer.
3. Upon completion of a suspension period, a student who is academically eligible may enroll in the institution which suspended him or her as if no suspension had been imposed.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.12 Right to petition for readmission.
A student who has been expelled may petition for readmission, and a student who has been suspended may petition for readmission prior to the expiration date of the suspension period. The petition for readmission must be in writing and directed to the chancellor of the institution from which the student was suspended or expelled. The petition may not be filed before the expiration of one year from the date of the final determination in expulsion cases, or before the expiration of one half of the suspension period in suspension cases. The chancellor shall, after consultation with elected representatives of the faculty, academic staff, and students, adopt procedures for determining whether such petitions will be granted or denied.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.13 Designation of investigating officer.
The chancellor of each institution shall designate an investigating officer or officers for allegations of student nonacademic misconduct. The investigating officer shall have the responsibility for investigating student nonacademic misconduct and initiating procedures for nonacademic misconduct under s. UWS 17.05.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.14 Nonacademic misconduct hearing committee: institutional option.
The chancellor of each institution, in consultation with faculty, academic staff, and student representatives, shall adopt policies providing for the establishment of a student nonacademic misconduct hearing committee and designation of a hearing examiner to fulfill the responsibilities of the nonacademic misconduct hearing committee in this chapter.
1. A student nonacademic misconduct hearing committee shall consist of at least 3 persons, including a student or students, except that no such committee shall be constituted with a majority of members who are students. The presiding officer shall be appointed by the chancellor. The presiding officer and at least one other member shall constitute a quorum at any hearing held pursuant to due notice.
(a) At UW-Whitewater, the student nonacademic misconduct hearing committee shall be made up of three members from the faculty and/or academic staff and two students. These students will be appointed by the Chancellor from the pool of four Academic Staff Assembly appointees, four Faculty Senate appointees, and five WSG appointees.
2. A hearing examiner shall be elected by the chancellor from the faculty and staff of the institution.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.15 Notice to students
Each institution shall publish and make freely available to students copies of ch.. UWS 17 and any institutional policies implementing ch.. UWS 17.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.16 Consistent institutional policies.
Each institution is authorized to adopt policies consistent with this chapter. A copy of such policies shall be filed with the board of regents and the University of Wisconsin system office of academic affairs.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS 17.17 Emergency suspension.
A student may be temporarily suspended, pending final institutional action on a report of nonacademic misconduct, in accordance with the procedures of this section.
1. The chancellor of each institution is authorized to suspend a student temporarily where the investigating officer has offered the student the opportunity for discussion under s. UWS 17.05(1); and the investigating officer recommends a sanction of suspension or expulsion; and the chancellor determines that the student's continued presence on campus:
(a) Would constitute a potential for serious harm to himself or herself;
(b) Would constitute a potential for serious harm to other members of the university community;
(c) Would pose a threat of serious disruption of university-run or university-authorized activities;
(d) Would constitute a potential for serious harm to university facilities or property.
2. Before imposing a temporary suspension, the chancellor shall evaluate the information indicating that the conditions specified in sub. (1) are present. If the chancellor concludes, based on the available information, that these conditions are present and that a temporary suspension is warranted, he or she shall promptly notify the student in writing, either by personal delivery or by regular first class United States mail at his or her current address as maintained at the institution of the intent to impose a temporary suspension, and shall provide the student with an opportunity to be heard in response.
3. The hearing on the temporary suspension shall be held as soon as practicable after the student is notified of the intent to impose the temporary suspension.
4. The issue at the hearing on the temporary suspension shall be whether the conditions specified in par. (1) are present, and a temporary suspension is warranted.
5. The chancellor's decision may be rendered orally, but shall be confirmed in writing as soon as practicable after the hearing, with written notice provided to the student either delivered personally, or by regular first class United States mail at his or her current address, as maintained at the institution.
6. If the chancellor determines that the conditions specified in sub. (1) are not present, or that a temporary suspension is not warranted, the case shall proceed in accordance with s. UWS 17.06. If the chancellor determines that the conditions specified in par. (1) are present, and a temporary suspension is warranted, the temporary suspension shall be in effect pending the final institutional decision in the matter.
7. Where a temporary suspension is imposed, the hearing on the underlying allegations of misconduct shall be held within 21 days of the imposition of the temporary suspension, unless the student agrees to a later date. In no case shall a temporary suspension remain in effect for longer than 30 days, unless the student agrees to a longer period.
8. The chancellor's decision to impose a temporary suspension in accordance with this section shall be final.
History: Cr. Register, May, 1996,
No. 485, eff. 9-1-96
UWS Chapter 18: Conduct on University Lands
UWS 18.01 Jurisdiction
UWS 18.02 Definitions
UWS 18.03 Law enforcement
UWS 18.04 Traffic rules
UWS 18.05 Parking rules
UWS 18.06 Conduct on university lands
UWS 18.07 Penalties
UWS 18.09 Institutional regulations
UWS 18.10 Additional statutory provisions regulating conduct on university lands
_____________________________________________________________________________________
UWS 18.01 Jurisdiction
These rules shall regulate conduct on all lands subject to the control of the board of regents of the university of Wisconsin system.
History: Cr. Register, March, 1976, No. 243, eff. 4-1-76.
UWS 18.02 Definitions
For purposes of this chapter:
1. The "chief administrative officer" means the chancellor of an institution or dean of a campus or their designees.
2. "Lands" means all real property owned by, leased by, or otherwise subject to the control of the board of regents.
3. "Board of Regents" or "board" means the board of regents of the university of Wisconsin system.
4. "Building" means any structure, including stadia, on university lands.
5. "Discharge pollutants into storm sewers" means placing pollutants or water containing pollutants into any storm sewer on or serving university lands.
6. "Discharge pollutants to storm water" means placing pollutants onto university lands so that they are carried by storm water to waters of the state.
7. "Pollutants" has the meaning described in s.147.015 (13), Stats.
History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; cr. (5) to (7), Register, September, 1996, No. 489, eff.10-1-96.
UWS 18.03 Law Enforcement
1. The board may designate peace officers who are authorized to enforce these rules and regulations and to police all lands under the control of the board. These officers shall have all the powers provided in s. 36.11 (2), Stats., except where such powers are specifically limited or modified by the board. These officers may accept concurrent appointments as deputy sheriffs.
2. Uniformed peace officers shall be identified by an appropriate shield or badge bearing the word "Police" and a number or name plate, which shall be conspicuously worn when enforcing this chapter. Peace officers assigned to non-uniformed duties shall identify themselves with an appropriate badge or police identification card when enforcing this chapter.
3. Parking attendants are authorized to enforce the parking regulations in s. UWS 18.05.
History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. (2) Register, November, 1991, No 431, eff.12-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1991, No.431.
UWS 18.04 Traffic Rules
1. No person may operate any motor vehicle (self-propelled vehicle) on any roadway under the control of the board without a valid and current operator's license issued under ch. 343, Stats., except a person exempt under the provisions of s. 343.05, Stats.
2. No person may operate any motor vehicle on any roadway under the control of the regents unless the same has been properly registered as provided by ch. 341, Stats., unless exempt under the provisions of s. 341.05, Stats.
3. All provisions of ch. 346, Stats., entitled "Rules of the Road," which are applicable to highways as defined in s. 340.01 (22), Stats., and which are not in conflict with any specific provisions of these regulations, are hereby adopted for the regulation of all vehicular traffic, including bicycles, on all roadways, including those off-street areas designated as parking facilities, under the control of the board and are intended to apply with the same force and effect. All traffic shall obey the posted signs approved by the chief administrative officer regulating such traffic.
4. All provisions of ch. 347, Stats., entitled "Equipment of Vehicles" which are applicable to highways as defined in s. 340.01 (22), Stats., are hereby adopted for the regulation of all vehicular traffic on the roadways under the control of the board and are intended to apply with the same force and effect, except those provisions of ch. 347, Stats., which conflict with specific provisions of these regulations.
5. The chief administrative officer may require the registration of all student, faculty, or staff motor vehicles or bicycles on lands under said officer's jurisdiction and may limit or prohibit their use in designated areas during designated hours. Any person who violates institutional regulations promulgated under this subsection may be fined up to $25.
History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1991, No.431.
The term "bicycling" refers to the use of a bicycle to ride upon as transportation.
Unless prohibited as listed below, bicycling is permitted on UW-Whitewater property
Bicycling is prohibited on the UWW campus in the following locations
- On ramps or platforms immediately adjacent to doors of buildings.
- On exterior or interior stairs.
- Within the interior of buildings.
- On tennis courts or running tracks.
- On benches, tables, bicycle racks, railings or landscape structures, such as walls or fountains.
- In any area where a sign, or other written notification, has been posted to indicate that bicycling is not permitted.
Acrobatic or reckless bicycling is not permitted on university lands.
- Acrobatic bicycling occurs when all of the wheels of a bicycle are simultaneously out of contact with the ground during riding. This definition applies except when the bicycles are being carried or when they are motionless.
- Reckless bicycling occurs when a significant risk of injury to another person or damage to another person's or university, property. Bicycling will also be considered as reckless if it disrupts university operations. The presence of pedestrians and vehicles or the bicycle's speed may be considered when determining if the bicycling is reckless.
Violations: Violations of this policy will be considered conduct which tends to cause or provoke a disturbance in university buildings or on university lands. As such, and under other provisions, University Police may issue citations for the violation of Wisconsin Administrative Codes. In addition, students, faculty or staff of the university may be subject to internal procedures that address the violation.
UWS 18.05 Parking Rules
1. Parking is prohibited at all times on roads, drives and fire lanes traversing university lands, except that the chief administrative officer is authorized to establish parking areas, parking limits, and methods of parking on the lands under said officer's jurisdiction, and may designate parking areas for specific groups at specific times, providing such areas are properly posted as parking areas. Parking in university parking facilities may be restricted or prohibited as required for reasons of maintenance and snow removal.
2. Except as provided in sub. (3), parking in university parking areas shall be prohibited during posted times to persons other than those specifically assigned to those areas. Motor vehicles so assigned to any parking areas shall be identified by a valid parking permit affixed to the vehicle in a manner prescribed by the chief administrative officer.
3. (a) In order to provide parking in university parking facilities for patrons of public university events, motor vehicles may be permitted to park in facilities designated for this purpose by the chief administrative officer. Public events parking shall be for a limited time only, not exceeding 12 hours continuously, and appropriate fees may be established. Otherwise valid permits are voidable during this period.
(b) The chief administrative officer may establish visitor parking lots and set appropriate fees for parking in those lots.
(c) Unrestricted and unassigned parking areas for students, faculty, staff and visitors may be established by the chief administrative officer.
4. (a) Parking shall be prohibited at all times in areas which must be kept clear for the passage of fire apparatus. These areas shall be designated by standard signs reading "Fire Zone, No Parking at Any Time, Day or Night" or "Fire Lane, No Parking at Any Time, Day or Night."
(b) Parking is prohibited at all times in areas which must be kept clear for vehicles to load and unload. These areas shall be designated by appropriate signs.
5. Motor vehicles parked in a restricted parking area without a valid permit or motor vehicles parked in a fire zone, fire lane, loading zone, or no parking zone, and unlicensed or partially dismantled motor vehicles may, at the owner's expense, be towed from the restricted parking areas and stored. Towed vehicles, if not claimed after notice to the owner, shall be considered abandoned and shall be disposed of as provided in s. 20.909 (1), Stats.
6. Any person who violates any of the provisions of this section may be fined up to $200. Each institution shall establish a schedule of fines, which may include penalties for late payment.
History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; am (6), Register, November, 1991, No.431, eff.12-1-91; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, November 1991, No.431.
UWS 18.06 Conduct on university lands.
1. Prohibited Dumping; Prohibited Discharges to Storm Water.
(a) No person may dump any waste, trash, debris, rubbish, earth or other fill, on any university lands unless authorized by the chief administrative officer.
(b) No person may discharge pollutants to storm water or into storm sewers on or serving university lands, except where authorized by the chief administrative officer and in conformance with state law.
2. Prohibited Acts.
No person may remove any shrubs, vegetation, wood, timber, rocks, stone, earth, signs, fences, or other materials from university lands, unless authorized by the chief administrative officer.
3. Prohibited Acts.
No person may remove, destroy, or molest any bird, animal or fish life within the boundaries of university lands except as authorized by the chief administrative officer or except when this provision conflicts with a special order of the department of natural resources.
4. Vandalism.
No person may break, tear up, mar, destroy or deface any notice, tree, vine, shrub, flower or other vegetation, or dislocate any stones, or disfigure natural conditions, or deface, alter, destroy or damage in any way any other property, real or personal, within the boundaries of any university lands unless authorized by the chief administrative officer.
5. Animals.
The presence of dogs, cats, and other pets is prohibited in all university buildings and in arboretums at all times except as authorized by the chief administrative officer. Dogs specially trained or being specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons, and wearing harnesses or leashes and special capes, shall be exempt from these provisions. The presence of dogs, cats and other pets shall be prohibited on all other university lands unless they are on leash under the control of and accompanied by a person. Any dog, cat or other pet found in violation of this subsection may be impounded and its owner subject to the penalty provisions in s. UWS 18.07
6. Limited Entrance.
The chief administrative officer may, by posting appropriate signs, limit or prohibit entrance to university lands, or portions thereof, in order to maintain or preserve an instruction or research area.
7. Closing Hours
(a) Except as specifically provided in this code, the chief administrative officer may establish closing hours and closed periods for university lands, buildings, or portions thereof. These closing hours and closed periods shall be posted in at least one conspicuous place adjacent to or at the periphery of the area to be closed or, in the case of buildings, on the building.
(b) No person, unless authorized to be present during closed periods, may enter or remain within the designated university lands, buildings, or portions thereof during a closed period established under this section.
(c) For the purpose of par. (b), "person authorized to be present" means a person authorized to be present by an order issued pursuant to par. (a) or s. 36.35 (2), Stats.
(d) No person, except those authorized to be present after the posted closing hour, may enter or remain in any university arboretum or picnic area unless traversing those areas or on park roads at the times the roads are open to the public.
8. Bicycles.
No person may park or store his bicycle in buildings, on sidewalks or driveways, or in motor vehicle parking spaces, except in areas designated for that purpose or in bicycle racks. Bicycles shall be parked so as not to obstruct free passage of vehicles and pedestrians.
9. Climbing; Walking on Roof.
No person may climb into, out of or on university buildings or maintenance facilities or walk upon the roof of a university building; except when emergency access to a fire escape is necessary, or for required maintenance, or when authorized by the chief administrative officer.
10. Dangerous Weapons.
(a) No person may carry, possess or use any dangerous weapon on university lands or in university buildings or facilities, except with the written approval of the chief administrative officer or for law enforcement purposes.
(b) No person may display or portray as real any object that resembles a dangerous weapon on university lands or in university buildings or facilities, except with the written approval of the chief administrative officer.
(c) Dangerous weapons in violation of this subsection may be confiscated and removed from university lands by police.
(d) In this subsection, the term "dangerous weapon" has the meaning specified in s. 939.22 (10), Stats.
11. Fire Safety
- No person may light, build, or use, or cause another to light, build or use, any fires, including but not limited to burning candles, burning incense or gas or charcoal cooking appliances, on university lands or in university facilities expect in such places as are established for these purposes and designated by the chief administrative officer.
- No person may handle burning material in a highly negligent manner. In this subsection, burning material is handled in a highly negligent manner if it is handled under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another's property is created.
- No person may throw away any cigarette, cigar, pipe ash or other burning material without first extinguishing it.
- No person may interfere with, tamper with or remove, without authorization, any smoke detector, fire extinguisher, fire hose, or other fire fighting equipment.
- No person may intentionally give a false fire alarm, whether by means of a fire alarm system or otherwise.
- No person may deface, remove, tamper with or obstruct from view any sign which has been posted to provide directions for fire or emergency exits from university facilities.
- No person may remain in any university facility or on university lands when an audible or visual fire alarm has been activated or upon being notified by fire fighting, law enforcement or security personnel to evacuate.
12. Keys.
(a) No person may duplicate a university key or request the unauthorized duplication of a university key.
(b) No person may transfer any university key from an individual entrusted with its possession to an unauthorized person, or be in unauthorized possession of a university key.
(c) Keys in the possession of unauthorized persons may be confiscated.
(d) No person shall replace without permission, damage, tamper with or vandalize any university lock or security device
13. Alcohol Beverages.
(a) The use or possession of alcohol beverages is prohibited on all university premises, except in faculty and staff housing and as permitted by the chief administrative officer, subject to statutory age restrictions. The chief administrative officer may generally permit the use or possession of alcohol beverages by promulgating institutional regulations in consultation with appropriate staff and students, or in specific instances by written permission.
(b) No person may procure, sell, dispense or give away alcohol beverages to any person contrary to the provisions of ch. 125, Stats.
(c) In this subsection, "alcohol beverages" means fermented malt beverages and intoxicating liquors containing 0.5% or more of alcohol by volume.
(d) Notwithstanding s. UWS 18.09, institutional regulations developed pursuant to this subsection shall be reported to the president of the system for review and approval.
14. Picnicking and Camping.
No person may picnic or camp on university lands, except in those areas specifically designated as picnic or camping grounds. No person may violate any rules and regulations for picnicking or camping established and posted by the chief administrative officer. For purposes of this subsection, camping shall include the pitching of tents or the overnight use of sleeping bags, blankets, makeshift shelters, motor homes,campers or camp trailers.
15. Structures.
No person may place or erect any facility or structure upon university lands unless authorized by the chief administrative officer.
16. Selling, Peddling and Soliciting.
(a) No person may sell, peddle or solicit for the sale of goods, services, or contributions on any university lands except:
1. When the occupant of a specific university office, or university house, apartment, or dormitory room has given specific permission in advance for a person engaged in that activity to come to that particular office, house, apartment, or dormitory room for that purpose.
2. Sales by an individual of personal property owned or acquired by the seller primarily for his/her own use pursuant to an allocation of space for that purpose by an authorized university official.
3. Hawking newspapers and similar printed matter outside university buildings.
4. Subscription, membership, ticket sales solicitation, fund-raising, selling, and soliciting activities by or under the sponsorship of a university or registered student organization pursuant to a contract with the university for the allocation or rental of space for that purpose.
5. Admission events in a university building pursuant to contract with the university, and food, beverage or other concessions conducted pursuant to a contract with the university.
6. Solicitation of political contributions under ch. 11, Stats., and institutional regulations governing time, place and manner.
16m. Campaigning in State-Owned Residence Halls.
(a) The residence halls students of each institution, subject to the approval of the chief administrative officer, shall establish policies and procedures assuring that political literature may be distributed and political campaigning may be conducted in state-owned residence halls consistent with the rights of residence halls students, and prescribing the time, place and manner in which these activities may be conducted.
(b) Where appropriate and consistent with the rights of residence halls students, the policies and procedures developed under this subsection shall apply to all residence halls at an institution. Matters to be addressed in institutional policies and procedures shall include at least the following:
1. The hours of the day and the time of year, if any, to which particular activities shall be limited.
2. The locations in residence halls, if any, to which particular activities shall be limited.
3. Any requirement for registering or obtaining permission to enter a residence hall before engaging in a particular activity.
(c) Notwithstanding s. UWS 18.09, institutional policies and procedures developed pursuant to this subsection shall be reported to the board of regents for approval.
(d) Institutional policies and procedures developed pursuant to this subsection shall be available at each residence hall, at the office of each chief administrative officer of an institution, and at the office of the secretary to the board of regents.
17. Signs.
No person may erect, post or attach any signs, posters, pictures or any item of a similar nature in or on any building or upon other university lands except on regularly established bulletin boards, or as authorized by the provisions of this code or by the chief administrative officer.
18. Smoking.
No person may smoke in any university building except in those areas designated for that purpose.
19. Recreational Activities.
(a) No person may swim, fish, boat, snowmobile, ride horseback or use any type of all-terrain or off-road vehicle on university lands except in those areas and at times expressly designated by the chief administrative officer and denoted by official signs.
(b) No person may dock, moor, park, or store any boats, boating gear, snowmobiles, or similar equipment on university lands except under conditions specified by the chief administrative officer.
20. Restricted Use of Unions.
No person, except members of the union, university faculty and staff, invited guests, and university-sponsored conference groups, may use union buildings and union grounds except on occasions when, and in those areas where, the buildings or grounds are open to the general public.
21. Unauthorized Presence.
(a) No person may be present in any class, lecture, laboratory period, orientation session, examination, or other instructional session or in any room, office, or laboratory without the consent of an authorized university official or faculty member.
(b) A person shall be deemed present without consent in any class, lecture, laboratory period, orientation session, examination, or other instructional session as prohibited by par. (a), if: 1) such person is not then enrolled and in good standing as a member of the instructional session, or 2) such person refuses to provide identification and refuses to leave such session upon request of a member of the university administration or faculty or other person in charge thereof.
22. Persons Prohibited from Entering Campus.
(a) No person, who is in a state of suspension or expulsion from the university under ch. UWS 17, or who takes leave or resigns under charges after being charged by the university under ch. UWS 17, may enter any campus without the written consent of the chief administrative officer.
(b) No person who is convicted of any crime involving danger to property or persons as a result of conduct by him or her on university lands may enter any university lands within two years of the effective date of his or her conviction without the written consent of the chief administrative officer.
(c) In granting or denying consent to enter a campus under s. 36.35 (3), Stats., or par. (a) or (b), the following shall be considered:
1. The probability that the offensive conduct will be continued or repeated by the applicant.
2. The need for the applicant to enter university lands, for example, to attend a university disciplinary hearing in which the applicant is being tried or is to be a witness, or to receive treatment in university hospitals.
(d) For the purposes of s. 36.35 (3), Stats., and par. (b), "crime involving danger to property or persons" shall mean any crime defined in ch. 940, Stats. (crimes against life and bodily security); s.941.12 Stats. (interfering with fire fighting); s. 941.13, Stats. (false alarms); s. 941.20, Stats. (endangering safety by use of dangerous weapon); s. 941.21, Stats. (disarming a peace officer); s. 941.23, Stats. (carrying concealed weapon); s. 941.235, Stats. (carrying firearm in public building); s. 941.24, Stats. (possession of switchblade knife); s. 941.26 Stats. (machine guns and other weapons); s. 941.28, Stats. (possession of short-barreled shotgun or short-barreled rifle); s. 941.29, Stats. (possession of firearm); s. 941.295, Stats. (possession of electric weapon); s. 941.30, Stats. (recklessly endangering safety); s. 941.31 (Possession of explosives for unlawful purpose), s. 941.32, Stats. (administering dangerous or stupefying drug); s. 942.37, Stats. (obstructing emergency or rescue personnel); s. 943.01, Stats. (criminal damage to property); s. 943.02, Stats. (arson of buildings; damage of property by explosives); s. 943.03, Stats. (arson of property other than building); s. 943.05, Stats. (placing of combustible materials an attempt); s. 943.06, Stats. (Molotov cocktails); s. 943.10, Stats. (burglary); s. 943.11, Stats. (entry into locked vehicle); s. 943.14, Stats. (criminal trespass to dwellings); s. 943.32, Stats. (robbery); s. 944.20, Stats. (lewd and lascivious behavior); s. 946.41, Stats. (resisting or obstructing officer); s. 947.015, Stats. (bomb scares); s. 167.10, Stats. (fireworks regulated); or attempts to commit any of the above crimes as defined in s. 939.32, Stats.
23. Picketing, Rallies, Parades, Demonstrations and Other Assemblies.
(a) In order to preserve the order which is necessary for the enjoyment of freedom by members of the university community, and in order to prevent activities which physically obstruct access to university lands or buildings and prevent the university from carrying on its instructional, research, public service, or administrative functions, any picketing, rally, parade, demonstration, other assembly, or congregation of spectators to such activity may be declared unlawful if its participants:
1. Intentionally gather or intentionally remain assembled outside any university building in such numbers, in such proximity to each other or in such fashion as to physically hinder entrance to, exit from, or normal use of the building.
2. Intentionally congregate or assemble within any university building in such fashion as to obstruct or seriously impair university-sponsored or university-authorized activities, or in such fashion as to violate any of the following conditions:
a. No group may be admitted into the private office of any faculty member or other University employee unless invited by the authorized occupant of that office, and then not in excess of the number designated or invited by that person.
b. No group may obstruct or seriously impair passage through corridors, stairways, doorways, building entrances, fire exits, and reception areas leading to offices.
c. No group, not authorized to do so by the person in immediate charge of the room, or by a person designated by the chief administrative officer to approve requests for the use of rooms for meetings, may enter or occupy any university building or part thereof.
d. No group may assemble immediately outside rooms at times when they are normally in use for classes, study, or research.
e. No signs supported by standards or sticks shall be permitted in any assembly in a university building
3. Intentionally create a volume of noise that unreasonably interferes with university- sponsored or university-authorized activities.
4. Intentionally employ force or violence, or intentionally constitute an immediate threat of force or violence, against members of the university community or university property.
(b) For the purpose of par. (a), "intentionally" means that the participant or spectator knew or reasonably should have known that his/her conduct by itself or in conjunction with the conduct of others would have the prohibited effect.
(c) The chief administrative officer may designate a university official or officials who shall have primary authority to implement par. (a). He/she may prescribe limitations for any picketing, rally, parade, demonstration or other assembly in order that it will meet the requirements of par. (a). When informed of any picketing, rally, parade, demonstration, or other assembly which may not comply with par. (a), the chief administrative officer or the designee may proceed immediately to the site and determine if there is compliance with par. (a). If he/she finds a violation of par. (a), he/she may declare the assembly unlawful or he/she may prescribe those limitations on numbers, location or spacing of participants in the demonstration which are reasonably necessary to ensure compliance with par. (a). If he/she prescribes limitations, and if his/her limitations are not observed by the assembly, he/she may then declare the assembly unlawful. Any declaration of illegality or prescription of limitations shall be effective and binding upon the participants in the assembly unless and until modified or reversed.
(d) Any participant or spectator within the group constituting an unlawful assembly who intentionally fails or refuses to withdraw from the assembly after it has been declared unlawful under this section shall be subject to immediate arrest and liable to the penalties of s. UWS 18.07.
24. Prohibitions on Blocking Entrances.
No person may intentionally physically block or restrict entrance to or exit from any university building or portion thereof with intent to deny to others their right of ingress to, egress from, or use of the building.
25. Sound-Amplifying Equipment.
(a) In order to permit the use of sound-amplifying equipment on university lands, if needed for the dissemination of ideas to large audiences, but to prevent its use from interfering with university functions which inherently require quiet, the following provisions shall apply:
1. No person may use sound-amplifying equipment on any lands without the permission of the chief administrative officer, except as provided in par. (c).
2. In granting or denying permission, the following principles shall govern:
a. Except in extraordinary circumstances, permission may be granted to use the equipment only during the following hours, 12 noon to 1:30 p.m. and 5:00 p.m. to 7:00 p.m. every day, and only when the equipment is more than 50 feet from and directed away from any classroom building, residence hall, library or building being used as a study hall.
b. An applicant for permission shall have the burden of establishing the need for amplification to communicate with the anticipated audience. In particular, the applicant must show that the audience can reasonably be anticipated to include at least 250 people.
c. An applicant for permission shall have the burden of establishing that the volume and direction of the sound from the equipment will minimize interference with other activities.
3. Any request for the permission required by this section must be submitted in writing to the chief administrative officer at least 24 hours prior to the intended use of the sound-amplifying equipment, and must be signed by a student or employee of the institution where the equipment is to be used. The request shall contain:
a. The proposed hours, date and location where the equipment is to be used.
b. The size of the anticipated audience and the reasons why the equipment is needed.
c. A description of the proposed equipment which includes the manufacturer, model number, and wattage.
d. The names of the owner of the equipment and of any person or persons, in addition to the person signing the application, who will be responsible for seeing that the equipment is operated in compliance with the terms of the permit and the provisions of this rule. The chief administrative officer may require the presence of additional persons if said officer believes this is necessary to ensure compliance.
(b) Permits issued by the chief administrative officer shall not be required for the use of university sound-amplifying equipment used with the permission of the university employee having control of the equipment for authorized university classes, research, or meetings in university buildings, or for university sponsored academic, recreational or athletic activities, or for crowd control by authorized University officials.
(c) For the purpose of this section, "sound-amplifying equipment" means any device or machine which is capable of amplifying sound and capable of delivering an electrical input of one or more watts to the loudspeaker.
26. Containers in Spectator Facilities.
No person may carry or possess any disposable container within the confines of public areas in spectator facilities. As used in this subsection "disposable container" means any bottle, can, or other container designed or used for carrying liquids or solids, but does not include a personally owned container designed for reuse and originally sold or purchased exclusively as a refillable container. The provisions of this section shall not apply to containers used or supplied by authorized concessionaires who are required to dispense beverages to consumers in either paper or plastic containers.
27. Throwing Hard Objects.
No person may, in a manner likely to cause physical harm or property damage, throw, drop, kick, hit or otherwise project any hard object, bottle, can, container, snowball or other item of a similar nature on university lands or within or from within university buildings or facilities.
28. Ticket Scalping.
(a) Every ticket or other evidence of the right of entry to any amusement, game, contest, exhibition, or performance given by or under the auspices of the University of Wisconsin system, or an institution or center of the University of Wisconsin system shall be considered a revocable license to the person to whom the ticket has been issued and shall be transferable only on the terms and conditions prescribed.
(b) No person may buy or sell a ticket or other evidence of the right of entry for more than the price printed upon the face of the ticket.
29. Skateboards, Roller Skates and Roller Blades.
No person may skateboard, roller skate, or use roller blades or any other similar wheeled device in or on university buildings, or on sidewalks, roadways or parking areas on university lands, except in areas designated for this purpose by the chief administrative officer.
Note: The UW-Whitewater policy follows this section. This section is initially applicable at the time the chief administrative officer first exercises the authority to designate areas for skateboarding, roller skating, roller blading or similar activities.
The term "skating" means the use of skateboards, in-line skates, roller skates and roller-skis as transportation.
Unless prohibited as listed below, skating is permitted on UW-Whitewater property.
Skating is prohibited on the UWW campus in the following locations:
- On ramps or platforms immediately adjacent to doors of buildings.
- On exterior or interior stairs.
- Within the interior of buildings.
- On tennis courts or running tracks.
- On benches, tables, bicycle racks, railings, or landscape structures, such as walls or fountains.
- Within parking lots.
- In any area where a sign, or other written notification, has been posted to indicate that skating is not permitted.
Acrobatic or reckless skating is not permitted on university lands.
- Acrobatic skating occurs when all of the wheels of a skateboard, or of both skates, are simultaneously out of contact with the ground during skating. This definition applies except when the skateboards or skates are being carried or when they are motionless.
- Reckless skating occurs when a significant risk of injury to another person or damage to another person's, or university, property. Skating activity will also be considered as reckless if it disrupts university operations. The presence of pedestrians and vehicles or the skater's speed may be considered when determining if the skating is reckless.
30. Disorderly Conduct.
No person may engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance, in university buildings or on university lands.
31. Retail Theft.
(a) No person may intentionally alter indicia of price or value of merchandise or take and carry away, transfer, conceal or retain possession of merchandise held for resale by a merchant, or property of the merchant, without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise.
(b) In this subsection, "merchant" includes any "merchant" as defined in s. 402.104(3), Stats., and any vendor or bookstore authorized to sell in university buildings or on university lands.
32. Improper Use of University Identification Cards.
(a) No person may falsify, alter or duplicate, or request the unauthorized falsification, alteration or duplication, of a university identification card.
(b) No person may knowingly present a false, altered or duplicate university identification card with the intent that such card be relied upon by university employees or agents in connection with obtaining university services, privileges or goods.
(c) No person may knowingly use or permit another person to use a university identification card for the purpose of making a false statement with respect to the identity of the user, and with the intent that such statement be relied upon by university employees or agents in connection with obtaining university services, privileges or goods.
(d) University officials may confiscate false, altered or duplicate University identification cards, or University identification cards used in violation of par. (c).
33. Improper Use of Telephones.
(a) No person may make or cause the telephone of another repeatedly to ring with intent to harass any person at the called number.
(b) No person may make repeated telephone calls, whether or not conversation ensues, with intent to harass any person at the called number.
(c) No person may intentionally use an emergency telephone in a university building or on university lands when the person knows or reasonably should know that no emergency exists.
(d) No person, with the intent to harass or offend, may telephone another and use any obscene, lewd or profane language or suggest any lewd or lascivious act.
(e) No person, with the intent to harass any person at the called number, may make a telephone call, whether or not conversation ensues, without disclosing his or her identity.
(f) No person may knowingly permit any telephone under his or her control to be used for any purpose prohibited by this subsection.
- Resisting or Obstructing Peace Officers
- No person may knowingly resist or obstruct a university peace officer while that officer is doing any act in an official capacity and with lawful authority.
- In this subsection, "obstruct" includes without limitation knowingly giving false information or knowingly placing physical evidence with the intent to mislead a university peace officer in the performance of his or her duty.
- Possession of Drug Paraphernalia
- No person may use, or possess with primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of ch. 961, Stats.
- In this subsection, the term "drug paraphernalia" has the meaning specified in s. 961.571 (1), Stats.; the term "controlled substance" has the meaning specified in s. 961.01 (4), Stats.; and the term "controlled substance analog" has the meaning specified in s. 961.01 (4m), Stats.
- In determining whether an object is drug paraphernalia under this subsection, the factors listed in s. 961.572, Stats., and all other legally relevant factors, shall be considered.
36. Possession of Marijuana.
(a) No person may intentionally use or possess marijuana on University lands, except when such use or possession is authorized under ch. 161, Stats. or is permitted under s. 46.60, Stats.
(b) In this subsection, the term "marijuana" has the meaning specified in s. 161.01 (14), Stats.
37. Issue of Worthless Check.
(a) No person may issue any check or other order for the payment of money less than $1000 which, at the time of issuance, he or she intends shall not be paid.
(b) In this subsection, prima facie evidence that the person, at the time he or she issued the check or other order for the payment of money, intended it should not be paid, has the meaning and includes the items of proof set forth in s. 943.23, Stats.
(c) This subsection does not apply to a postdated check or to a check given for a past consideration, except a payroll check.
38. Fraud in University Accommodations or Eating Places.
(a) No person may, after having received any food, lodging or other service or accommodation at any university housing facility or eating place, intentionally abscond without paying for it.
(b) No person may, while in any university housing or lodging facility or eating place, intentionally defraud the university or its employees or agents in charge of the facility or eating place, in any transaction arising out of the relationship as a user of the housing or lodging facility or eating place.
39. Use of Cheating Tokens.
No person may obtain the property or services of another by depositing anything which he or she knows is not lawful money or is an unauthorized token in any receptacle used for the deposit of coins or tokens.
40. Possession of Fireworks.
(a) No person may possess or use fireworks on university lands without authorization from the chief administrative officer.
(b) In this subsection, the term "fireworks" has the meaning specified in s. 167.10 (1), Stats.
41. Theft.
(a) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of under $100, without consent and with the intent to deprive the owner permanently of such property.
(b) No person may intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another with a value of at least $100 but not more than $500, without consent and with the intent to deprive the owner permanently of such property.
42. Assaultive Behavior.
- No person may intentionally strike, shove, hit, punch, kick or otherwise subject another person to physical contact or cause bodily harm without the consent of the person.
- This subsection shall not be applicable if the individuals involved have a relationship, as defined in s. 968.075 (1) (a), Stats., which requires a law enforcement officer to investigate the matter as a domestic abuse incident.
43. Operation of Motor Vehicle Off Roadways.
No person shall operate a motor vehicle off designated roadways, paved or unpaved, on university lands, in a manner that may cause damage to property or endanger the safety of any person.
44. Misuse of Parking Services.
- No person may falsify, alter or duplicate or request the unauthorized falsification, alteration or duplication of any type of university parking permit.
- No person may knowingly display on a vehicle, or knowingly allow another person to display on a vehicle, a falsified, altered, duplicated, stolen, lost or found parking permit.
- No person may knowingly provide false information to any university employee or agent with the intent to obtain a valid university parking permit.
45. Computer Data, Programs, Equipment or Supplies.
No person may willfully, knowingly and without authorization do or attempt to do any of the following:
- Modify, destroy, access, take possession of or copy data, computer programs or supporting documentation;
- Disclose restricted access codes or other restricted access information to a person not authorized to possess such codes or information;
- Modify, destroy, use, take or damage a computer, computer system or computer network;
- Modify, destroy, use, take or damage any equipment or supplies used or intended to be used, in a computer, computer system or computer network.
46. Computer Use.
- No person may, with the intent to harass, annoy or offend another person, send a message to the person on an electronic mail or other computerized communication system and in that message use any obscene, lewd or profane language or suggest any lewd or lascivious act.
- No person may, with intent to harass, annoy or offend another person, send a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message use any obscene, lewd or profane language or suggest any lewd or lascivious act.
- No person may, with intent solely to harass another person, send repeated messages to the person on an electronic mail or other computerized communication system.
- No person may, with intent solely to harass another person, send repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.
- No person may, with intent to harass or annoy another person, send a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
- No person may, while intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, send a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
- No person may knowingly permit or direct another person to send a message prohibited by this subsection from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.
47. Deposit of Human Waste Products.
No person may deposit human waste products upon, nor urinate or defecate upon, any university lands or facilities other than into a toilet or other device designed and intended to be used to ultimately deposit such human waste products into a septic or sanitary sewer system.
48. Loitering.
- No minor person may loiter, idle, wander or play, either on foot or in or on any vehicle of any nature, on university lands between the hours of 11:00pm and 5:00am on Sunday through Thursday, and the hours of midnight through 5:00am on Friday and Saturday, unless accompanied by a parent, guardian, or other adult person having care and custody of the minor.
- This subsection shall not apply to minors returning home from functions authorized by any public or parochial school or church and carrying proof of identification on their persons, or to currently enrolled university students.
49. Athletic Events.
- No person may enter onto the playing surface of an officially sanctioned athletic event while the event is in progress without prior authorization from the chief administrative officer. An event is in progress from the time when teams, officials, trainers, support staff, or bands first reach the playing surface until the time when they have left.
- As used in this subsection, "playing surface" means that area on which the event is contested, together with the contiguous area used by teams, officials, trainers, and support staff.
50. Library Materials
- No person may intentionally take, carry away, transfer, conceal or retain possession of any library material without the consent of a library official, agent or employee and with the intent to deprive the library of possession of the material.
- The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.
Note: Nothing in these rules precludes campus law enforcement officers from pursuing informal educational resolutions in lieu of prosecuting a citation in appropriate circumstances.
History: Cr. Register, March 1976, No, 243, eff. 4-1-76; am. (13), cr. (16m), Register, December, 1986, No. 372, eff. 1-1-87; reprinted to restore dropped copy in (13), Register, February, 1987, No. 374; am. (5), (10), (22) (b) and (d), (27) and (28), cr. (10) (b) and (d), (12) (d) and (29) to (41), Register, November, 1991, No. 431, eff. 12-1-91; correction in (7) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1991, No. 431; am (1), Register, September, 1996, No. 489, eff. 10-1-96; corrections in (36) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No 489; am. (14), (38) and (41), r and recr. (11), (34) and (35) and cr. (33) (d) to (f) and (42) to (50), Register, August, 1998, No. 512, eff. 9-1-98.
UWS 18.07 Penalties
Unless otherwise specified, the penalty for violating any of the rules in s. UWS 18.06 shall be a forfeiture of not more than $500, as provided in s. 36.11 (1)(c), Stats.
Note: Violations of the rules in s. UWS 18.06 will be processed in accordance with the citation procedure established in s. 778.25, Stats.
History: Cr. Register, March, 1976, No. 243, eff. 4-1-76; am. Register, November, 1991, No. 431. Eff. 12-1-91.
UWS 18.09 Institutional Regulations
Institutional regulations promulgated under ss. UWS 18.04 to 18.06 shall take effect when filed with the secretary of the board.
History: Cr. Register, March, 1976, No. 243, eff. 4-1-76.
UWS 18.10 Additional Statutory Provisions Regulating Conduct on University Lands
1. Controlled Substances.
The use or possession of controlled substances as defined in s. 961.01 (4), Stats., is prohibited on all university property with the specific exemptions set forth in ch.. 961, Stats., and as permitted under s. 46.60, Stats. The penalty provisions of ch.. 961, Stats., chs. UWS 17, and UWS 18 may apply to violations occurring on university lands.
2. Persons Prohibited from Entering Campuses.
Student convicted of dangerous and obstructive crime. Section 36.35 (3), Stats., provides: "Any person who is convicted of any crime involving danger to property or persons as a result of conduct by him which obstructs or seriously impairs activities run or authorized by an institution a