Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 17.154

Current through October 28, 2024
Section UWS 17.154 - Appeal to the chancellor for sexual misconduct
(1) The respondent or complainant may appeal in writing to the chief administrative officer within 14 days of the date of the written decision for a review, based on the record, of the following:
(a) A dismissal of a formal Title IX complaint.
(b) The written decision of the hearing examiner or committee.
(2) The chief administrative officer has 30 days from receipt of an appeal to respond in writing simultaneously to both the complainant and respondent and shall sustain the decision unless the chief administrative officer finds any of the following:
(a) The information in the record does not support the findings or decision.
(b) A procedural irregularity affected the outcome of the matter.
(c) The decision was based on factors proscribed by state or federal law.
(d) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter.
(e) The Title IX Coordinator, investigator, hearing examiner, or a member of the hearing committee had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
(3) If the chief administrative officer makes a finding under sub. (2), the chief administrative officer may return the matter for consideration, or may invoke an appropriate remedy of their own. The chief administrative officer's written decision describing the result of the appeal and the rationale for the result shall be communicated simultaneously to the respondent and complainant.
(4) When an appeal is filed, the chief administrative officer shall notify the other party in writing and give both the complainant and respondent a reasonable, equal opportunity to submit a written statement supporting or challenging the outcome.

Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 17.154

Adopted by, CR 20-062: cr. Register May 2021 No. 785, eff. 6/1/2021