Section 11.05. Adequate due process.

 

(1)  Each institution shall develop policies and procedures to provide for a fair hearing upon request in the event of dismissal. A fair hearing for an academic staff member whose dismissal is sought under s. UWS 11.01 shall include the following:

(a) A right to the names of witnesses and of access to documentary evidence upon the basis of which dismissal is sought;

(b) A right to be heard in his or her defense;

(c) A right to an advisor, counsel, or other representative, and to offer witnesses;

(d) A right to confront and cross-examine adverse witnesses. For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the hearing committee may reasonably restrict the academic staff member and the complainant from questioning each other ;

(e) A verbatim record of all hearings, which might be a sound recording, provided at no cost;

(f) Written findings of fact and decision based on the hearing record;

(g) Admissibility of evidence governed by s. 227.45 (1) to (4) , Stats.

(2)  For complaints involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the complainant shall have all the rights provided to the academic staff member in s. UWS 11.05 (1) (a) to (g) , except as may be precluded by applicable state or federal law.

History: Cr. Register, October, 1975, No. 238 , eff. 11-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474 ; correction in (1) (g) made under s. 13.93 (2m) (b) 7., Stats., Register May 2007 No. 617 ; CR 15-059 : am. (1) (c), (d), cr. (2); Register June 2016 No. 726 ; correction in (2) under 35.17, Stats., Register June 2016 No. 726 , eff. 7-1-16.