Section UWS 17.02 - Definitions In this chapter:
(1) "Chief administrative officer" means the chancellor of an institution or the chancellor's designees.(2) "Clear and convincing evidence" means information that would persuade a reasonable person to have a firm belief that a proposition is more likely true than not true. It is a higher standard of proof than "preponderance of the evidence."(2m) "Complainant" means any individual who is alleged to be the subject of sexual misconduct, as defined in s. UWS 17.151.(2r) "Consent" means words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation in s. UWS 17.151. A person is unable to give consent if the person is in a state of incapacitation because of drugs, alcohol, physical or intellectual disability, or unconsciousness.(3) "Days" means calendar days.(4) "Delivered" means sent by electronic means to the student's official university email address and, in addition, provided by any of the following methods:(b) Placed in the student's official university mailbox.(c) Mailed by regular first class United States mail to the student's current address as maintained by the institution.(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 or other requirements or restrictions on privileges, for a specified period of time, not to exceed two years.(7) "Disciplinary sanction" means any action listed in s. UWS 17.085(1) taken in response to student nonacademic misconduct.(7m) "Education program or activity" means, for purposes of Title IX misconduct only, locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the relevant misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the university.(8) "Expulsion" means termination of student status with resultant loss of all student rights and privileges.(8m) "Formal Title IX complaint" means, for the purposes of Title IX misconduct only, a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against a student and requesting that the institution investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant shall be participating in or attempting to participate in an educational program or activity. A formal Title IX complaint may be filed in person, by mail, by electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.(9) "Hearing examiner" means an individual, other than the investigating officer, appointed by the chief administrative officer in accordance with s. UWS 17.06(2) for the purpose of conducting a hearing under s. UWS 17.12 or 17.153.(9m) "Incapacitation" means the state of being unable to physically or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs. Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol or drugs affects a person's decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.(10) "Institution" means any university, or an organizational equivalent designated by the board.(11) "Investigating officer" means an individual, or the individual's designee, appointed by the chief administrative officer of each institution, to conduct investigations of nonacademic misconduct under this chapter.(12) "Nonacademic misconduct hearing committee" or "committee" means the committee appointed pursuant to s. UWS 17.07 to conduct hearings under s. UWS 17.12 or 17.153.(12m) "Party" refers to a respondent or complainant involved in a disciplinary procedure under subch. III.(13) "Preponderance of the evidence" means information that would persuade a reasonable person that a proposition is more probably true than not true. It is a lower standard of proof than "clear and convincing evidence" and is the minimum standard for a finding of responsibility under this chapter.(13m) "Respondent," means any student who was registered for study in an institution for the academic period, or between academic periods for continuing students, when the misconduct occurred and has been reported to have violated s. UWS 17.09 or 17.151.(14) "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.(15) "Student affairs officer" means the dean of students, student affairs officer, or other personnel designated by the chief administrative officer to coordinate disciplinary hearings and carry out duties described in this chapter.(16) "Suspension" means a loss of student status for a specified length of time, not to exceed two years, with resultant loss of all student rights and privileges.(17) "University lands" means all real property owned by, leased by, or otherwise subject to the control of the Board of Regents of the University of Wisconsin System.Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 17.02
CR 08-099: cr. Register August 2009 No. 644, eff. 9-1-09.Amended by, 2015 Wis. Act 330 s. 20: am. (17) Register April 2016 No. 724, eff.5/1/2016Amended by, CR 15-060: cr. (2m), (13m) Register June 2016 No. 726, eff. 7-1-16; correction in (2m), (13m) under 13.92(4) (b) 7., Stats., Register June 2016 No. 726, eff.7/1/2016.Amended by, CR 20-062: am. (1), (2m), cr. (2r), am. (7), cr. (7m), (8m), am. (9), cr. (9m), am. (10) to (12), cr. (12m), am. (13m), (15) Register May 2021 No. 785, eff. 6-1-21; correction in (8m), (12), (12m), (13m) made under s. 35.17, Stats., Register May 2021 No. 785, eff. 6/1/2021Amended by, correction in (7m) made under s. 35.17, Stats., Register July 2021 No. 787, eff. 8/1/2021