AFFIRMATIVE ACTION/EQUAL EDUCATIONAL OPPORTUNITY
Q & A about the Procedures for Dealing
with Inappropriate Behavior by Staff and Students
1. HAVE YOU EXHAUSTED INFORMAL MEANS OF SOLVING PROBLEMS?
a. Communicate your concerns to the party(s) involved and attempt
to resolve.
b. Talk to the immediate supervisor of the individual(s)
involved.
c. Contact an advocate for advice –
(1) Women and Gender Issues Coordinator
(2) Student Support Services
(3) Residence Hall Manager
(4) Governance groups – Student/Faculty/Academic Staff
Senates
(5) Union Steward.
d. Request mediation.
e. Contact Student Health Services or Employee Assistance
program.
2. WHAT KIND OF ISSUES IS INVOLVED? (See definitions below)
a. “Discriminatory conduct” means intentional conduct
by university employees or students, including physical conduct
or expressive behavior, that explicitly demeans the race, sex,
religion, color, creed, disability, sexual orientation, national
origin, ancestry, age or other legally protected characteristic
of an individual or individuals and (1) has the purpose or effect
of interfering with the education, university-related work, or
other university authorized activity of a university student,
employee, official or guest; or (2) creates an intimidating,
hostile or demeaning environment for education,
university-related work, or other university authorized activity.
b. “Sexual Harassment” means unwelcome sexual advances,
requests for sexual favors, and other physical conduct and
expressive behavior of a sexual nature where: (1) submission to
such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment or education; (2)
submission to or rejection of such conduct by an individual is
used as the basis for academic or employment decisions affecting
that individual; or (3) such conduct has the purpose or effect of
substantially interfering with an individual’s academic or
professional performance or creating an intimidating, hostile or
demeaning employment or educational environment.
c. “Academic misconduct” is an act in which a student
(1) seeks to claim credit for the work or efforts of another
without authorization or citation; (2) uses unauthorized
materials or fabricated data in any academic exercise; (3) forges
or falsifies academic documents or records; (4) intentionally
impedes or damages the academic work of others; (5) engages in
conduct aimed at making false representation of a student’s
academic performance; or (6) assists other students in any of
these acts.
d. “Non-academic misconduct” subject to disciplinary
action include the following situations: (1) for conduct which
constitutes a serious danger to the personal safety of a member
of the university community or guest; (2) for stalking or
non-sexual harassment; (3) for conduct that seriously damages or
destroys university property, or the property of a member of the
university community or guest; (4) for conduct that obstructs or
seriously impairs university run or university authorized
activities, or that interferes with or impedes the ability of a
member of university community, or guest, to participate in
university-run or authorized activities; (5) for unauthorized
possession of university property or property of another member
of the university community or guests; (6) for acts which violate
the provisions of Chapter 18, University of Wisconsin System
policies on 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
employee or agent; and (8) for violating a standard of conduct,
or other requirement or restriction imposed in connection with
disciplinary action.
e. “Complaints” are allegations of misbehavior made by
the administration, students, academic staff members, faculty
members, classified staff members, or members of the public
concerning conduct by a staff member which violates university
rules or policies, or which adversely affects the member’s
performance of his/her obligation to the university. This
definition does not cover allegations of misbehavior or work rule
violations brought by the supervisors of academic staff or
classified staff.
f. “Grievances” are personnel problems involving a
staff member’s expressed feeling of unfair treatment or
dissatisfaction with aspects of working conditions within the
institution that are outside her/his control. In the case of
union represented staff, a grievance is a written complaint
involving an alleged violation of a specific provision of the
labor agreement.
3. WHAT ARE THE PROCEDURES?
The procedures vary, depending on whether the grievant and
accused are students or members of the faculty, academic staff,
or classified staff.
Faculty – The following procedures apply if the accused is a
faculty member or if a faculty member has a grievance. (See
Unclassified Staff Handbook):
UWS Ch. 4* and UW-Sup Ch. 4** - Dismissal for Cause apply when a
complaint is deemed substantial and, if true, might lead to
dismissal.
UWS Ch. 6 and UW-Sup Ch. 6 – Complaints/Grievances apply
when a complaint is deemed not serious enough to warrant
dismissal or when a faculty member has a grievance.
In either case, the complaint/grievance goes to the Chancellor
who follows the procedures outlined in either Chapter 4 or 6.
Academic Staff – The following procedures apply if the
accused is an academic staff member of if an academic staff
member has a grievance. (See Unclassified Staff Handbook):
UWS Ch. 11 and UW-Sup Ch. 11 – Dismissal of Academic Staff
for Cause apply when the complaint is deemed substantial and, if
true, might lead to dismissal. The complaint goes to the
Chancellor.
UWS Ch. 13 and UW-Sup. Ch. 13 – Complaints and Grievances
should be referred to the Academic Staff Senate in writing. The
procedures followed by the Academic Staff Senate are outlined in
UW-Sup 13.03.
Classified Staff – Disciplinary action against classified
staff for work rule violations should be directed at the employee’s
supervisor or Director of Human Resources. Grievances brought by
classified staff should go through the appropriate union
representative or, in the case of non-represented classified
staff, through the immediate supervisor or Director of Human
Resources.
Student – The following procedures apply if the accused is a
student. (Student Handbook or Social Issues)
UWS Ch. 14 – Student Academic Disciplinary Procedures are
used for academic misconduct. These accusations should be
directed at the faculty involved or the Dean of Students who will
follow the procedures outlined.
UWS Ch. 17 – Student Disciplinary Procedures are used for
non-academic misconduct. Complaints should be given to the Dean
of Students for processing.
Discrimination/Sexual Harassment complaints, including Title IX,
against any member of the campus community can be filed with a
University agent (Department Chair, Dean, Director or immediate
supervisor) or the Affirmative Action Officer. The
Discrimination/Sexual Harassment Policy identifies the procedures
that would be follow in each case.
All handbooks/policies can be found on the UW-S Human Resources
Home page http://www2.uwsuper.edu/humanres/
The Unclassified Staff Handbook is located at http://www.uwsuper.edu/campus/index.htm
The labor agreements are under “related sites” http://www2.uwsuper.edu/humanres/related.htm#Union
The UW System Administrative Rules are on the UW System Home page
at http://www.legis.state.wi.us/rsb/code/uws/uws.html
Chapter 14 and 17 relating to student conduct are in the Social
Issues bulletin http://www.uwsuper.edu/student/soc-issues/discipline.html
*UWS refers to University of Wisconsin System Administrative Code.
**UW-Sup refers to the University of Wisconsin – Superior
Personnel Rules.
To return to the Office of Women's and Gender Issues Women's Issues Page, click here.