UW-Superior Policies

Regent Policy Document 4-21 outlines our commitment to academic freedom and freedom of expression. This policy also includes information regarding conduct on university lands and protests/demonstrations.

Academic misconduct is a vital issue concerning all members of the University community. Those who engage in academic misconduct, and those who ignore it when they become aware of it, threaten the integrity of the University and of the educational process. Universities of Wisconsin Administrative Code Chapter 14 provides information to students and faculty/instructional staff on what academic misconduct is and how the Universities of Wisconsin responds when there is an allegation of academic misconduct.

Resources for Instructors

Faculty and academic teaching staff have the responsibility of informing students of their rights and responsibilities in regards to conduct on classwork. 

• The Guide Academic Misconduct Guide for Instructors handling academic misconduct is designed to walk instructors through the conduct process and gives suggestions for how to incorporate the information into their classes. 
• When academic misconduct occurs, it can be reported through the online Incident Report Form.
• Questions can be directed to 715-394-8243 .

Policy Subject: Anti-Bullying/Harassment

Cabinet Division: Human Resources/Chancellor

Policy History: New

Effective Date: July 2017

Purpose

The UW-Superior prohibits bullying and/or harassment in the campus community. Bullying/harassment is unacceptable in all working, learning, and service interactions. This policy applies to the University community including all employees, students, individuals using University resources or facilities, volunteers, and representatives acting as agents of the University.

It is the intention of this Anti-Bullying/Harassment policy that nothing herein interfere with other applicable laws, policies or regulations that cover or inform professional and personal conduct at the University. This policy should be interpreted as being in concert with rather than in conflict with other law, policy and regulation whenever possible, and in particular these standards are to be construed within the context of the University’s historical and enduring commitment to academic freedom, freedom of expression, and the conception of the University as a place that fosters the free exchange of ideas.

Constraints

Code  of  Ethics

University staff work rules

UWS Adm. Chapter 17 – Student Nonacademic Disciplinary Procedures

The University of Wisconsin-Superior is committed to the Liberal Arts Mission. Through the efforts of faculty, staff, and the student body, the University of Wisconsin-Superior promises to provide a learning community which emphasizes individual attention and promotes intellectual growth, personal development, career preparation, and life-long learning in an atmosphere of individual dignity with respect for the diversity of human cultures.

University Pledge

By choosing to join this community, I accept the obligation to live by and commit myself to the following principles:

As a member of the University of Wisconsin-Superior

Service – I will seek opportunities to strengthen our community beginning with the campus community and extending to the larger world of which we are all a part

Participation – I will enrich the culture of the campus community and enhance my individual campus experiences by actively participating in campus and community life

Integrity – I will uphold the highest levels of personal and academic honesty, responsibility, and integrity

Respect – I will challenge myself to understand the unique views and life experience of others and will treat each individual with respect and dignity

Exploration – I will challenge myself to learn, to examine my beliefs, values, and goals, and to dedicate myself to ongoing pursuit of knowledge and truth

 By endorsing these common principles, I aspire to become a leader in this campus community. I will also encourage others at the university to honor this pledge. This commitment is my promise to the University of Wisconsin-Superior and its community of scholars.

Universities of Wisconsin Administrative Code Chapter 18 are rules which regulate conduct on all lands subject to the control of the University of Wisconsin Board of Regents.  All UW-Superior students are expect to abide by these regulations and hold other accountable as well. 

Below are added sections of Chapter 18 that specifically apply to UW-Superior:

CHAPTER UW-SUP 18 is intended to supplement Chapter UWS 18 to accommodate local conditions. Chapter UW-Sup 18 should be read in conjunction with, not instead of Chapter UWS 18. The symbol UWS refers to rules governing conduct on University lands incorporated in the Wisconsin Administrative Code. The symbol UW-Sup refers to the local rules and procedures adopted on the University of Wisconsin-Superior campus to supplement appropriate provisions of the Administrative Code. The authority for Chapter UW-Sup 18 is contained in Wisconsin Statutes Chapter 36 and Wisconsin Administrative Code Chapter UWS 18, which control.

UW-SUP 18.01 JURISDICTION. These rules shall govern conduct on all lands comprising the campus of the University of Wisconsin-Superior. Parcels of land known as “the North Campus”, “the South Campus”, “the Power Plant”, and “Dutchman’s Creek” are specifically covered. Specific legal descriptions of these lands are available in the office of the University of Wisconsin Board of Regents in Madison, Wisconsin.

UW-SUP 18.02 DEFINITIONS.
(2) “Lands”. In any case where portions of land controlled by the University of Wisconsin Board of Regents are leased or when the use of such property is shared with the City of Superior or other legal entities, the University of Wisconsin-Superior reserves the right to enforce the rules promulgated in the Wisconsin Administrative Code, Chapter UWS 18 and these supplemental local rules.

UW-SUP 18.06 CONDUCT ON UNIVERSITY LANDS.
(4) VANDALISM.
For the purpose of this section, property shall be defined as real or personal property owned by the State of Wisconsin, faculty, staff, student, or authorized guest or to any property stored on University land at the request of faculty, staff, student or guest.
(5) ANIMALS.
For the purpose of this section, tropical fish or goldfish in residence hall rooms shall be exempted from the classification pets provided that proper equipment and adequate care are provided.
(6) LIMITED ENTRANCE.
The property leased by the University on Wisconsin Point shall be clearly posted. However, access to the Superior entry and other state or federally owned land will not be inhibited by any University regulation.
(10) FIREARMS.
No person may carry, possess or use any explosive substance, including but not limited to fireworks, dynamite, or blasting caps, on University lands except as required for education programs for which the use of such substances has been approved by the chief administrative officer. Any explosive substance or device may be confiscated and removed from University lands by police, and disposed of as authorized by law.
(13) LIQUOR
1. The possession or use of liquor in the University residence halls in any place other than a student’s room shall be written permission of the Hall Director and the Director of Student Life-Auxiliary Operations. Social events at which liquor is to be served must conform to the laws governing sale of alcoholic beverages in the state and sponsors are responsible for maintaining adequate age and identity checks.
2. The possession, consumption, provision and sale of alcoholic beverages (other than Rothwell Student Center authorized operations), or misconduct resulting from the use of alcoholic beverages is cause for disciplinary action by the University and/or civil authorities.
(16) SELLING, PEDDLING, AND SOLICITING.
6. Registered student political organizations may solicit funds for their own use or may sponsor events for which an admission fee charged and a portion of the proceeds thereof are for their own use.
(21) UNAUTHORIZED PRESENCE.
The protection of this section shall apply to athletic contests, spectator events and other events for which admission is charged. (b) A person shall be deemed present without consent as prohibited by paragraph (a) if: (1) such a person is not then enrolled and in good standing as a student at the University of Wisconsin-Superior; or (2) such person refuses to provide proof of legal admission to the event and refuses to leave such an event upon the request of a member of the University administration or faculty or other person in charge thereof.
(22) PERSONS PROHIBITED FROM ENTERING CAMPUS.
(b) Conviction in a criminal court of the offenses specified in UWS 18.06 (22) (d) which were committed on University land shall be deemed binding and stand in lieu of any administrative hearing process guaranteed to student under UWS 17.  The Chancellor or his/her designee shall notify a person so convicted in writing within 10 calendar days of such a conviction of the action to bar from the University lands for a period of one year.
(23) PICKETING, RALLIES, PARADES, DEMONSTRATIONS AND OTHER ASSEMBLES.
(e) For the purpose of paragraph (a) of this section, the protection of this section shall apply equally to guests of the University of Wisconsin-Superior whose presence on University lands has been authorized.
(25) SOUND AMPLIFYING EQUIPMENT.
(d) The use of sound amplifying equipment in University residence halls shall be limited to those phonographs, tape decks and cassette players which have been registered on the proper form with the Hall Director. Failure to register this equipment or failure to follow regulations regarding volume and use of the equipment may result in the impounding of the equipment.

UW-SUP 18.09 INSTITUTIONAL REGULATIONS. The Chancellor or his/her designee shall appoint a committee charged with the review of the local provisions in UW-SUP 18.04-18.06. The committee shall include, but not be limited to the following: A representative of the Office of Student Life, the Physical Plant, the Rothwell Student Center, the University Public Safety Office and a student recommended by the University Student Senate.

UW-SUP 18.10 (1) (a) Misbehavior and misconduct resulting from the use of controlled substances as defined in Chapter 16 Wis Stats., 1973, is cause for disciplinary action by the University, whether or not possession can be proved.

Universities of Wisconsin Administrative Policy 136

Bullying/Harassment is defined as a continuous, unwanted malicious behavior which undermines an individual or group through persistent negative verbal, physical or psychological abuse. There is typically an element of vindictiveness and the behavior is calculated to threaten, undermine, patronize, humiliate, intimidate, or demean the recipient. Bullying is not about occasional differences of opinion, employee performance, conflicts or problems in workplace relationships. Though Harassment is defined in State Statute 947.013, act of physical or verbal harassment may be bullying even if it is not Discriminatory Harassment.

Unacceptable bullying or harassing behavior may include, but is not limited to:

• Abusive expression directed at another person that is outside the range of commonly accepted expressions of disagreement or critique
• Unwarranted physical contact
• Sabotage of another person’s work.
• Abuse of authority

Procedures for Addressing Bullying/Harassment Actions Informal Process

Individuals who believe they have been subjected to bullying/harassment behavior may choose to go through the formal process in the next section, or strive for resolution through an informal process.

Students are encouraged to contact the Dean of Students Office Office for guidance with the informal process.

All university employees can contact their Supervisor, Equity, Diversity and Inclusivity Director, Human Resources or Dean of Academic Affairs for guidance with the informal process. It is recommended any information such as documents, email, conversations, etc. be maintained if needed for future reference.

Visitors or other members of the campus community should contact the Office of Human Resources Office to report bullying/harassing.

Formal Reporting

All University Employees- An individual who believes he or she has been the subject of bullying/harassment, or an individual who believes a University Employee or student has engaged in bullying/harassment behavior, should report the behavior to his or her Supervisor, the Department Chair, Dean of Academic Affairs, Vice Chancellor, Provost or Human Resources using the Incident Reporting Form. The complainant should select the individual he or she is most comfortable with and who is most appropriate to the situation. If the bullying/harassment is based on protected class status as defined in the University of Wisconsin-Superior Equal Employment Opportunity policy, it should be reported to the Equity, Diversity and Inclusivity Director.

Students- A student who believes he or she has been the subject of bullying/harassment, or an individual who believes a student has engaged in bullying/harassment behavior, should report the behavior to the Dean of Students Office. If the bullying is based on protected class status as defined in the UW-Superior Equal Employment Opportunity policy, it should be reported to the Equity, Diversity and Inclusivity Director.

Formal Reporting Investigative Procedures for Allegations

• 4.1 Notice/report/information received: Any Incident Reporting Form or in person complaint received from a Complainant and received by any individual outlined in section III.
• 4.2 Meeting with Equity Diversity and Inclusivity Director, Human Resource Director, Dean of Academic Affairs, Dean of Students or designee(s): If a formal investigation is deemed appropriate after receipt and review of the Incident Reporting Form,or an in-person complaint, the Equity, Diversity and Inclusivity Director, Human Resources Director, Dean of Academic Affairs, Dean of Students or designee(s) will conduct a formal investigation. The Equity, Diversity and Inclusivity Director, Human Resources Director, Dean of Academic Affairs, Dean of Students or designee(s) will:
  • Interview the complainant. Provide written information including: rights, campus and community resources, and student conduct process (UWS Chapter 17). Complainant is also notified of their right to have a victim’s advocate or other support person with them throughout the process.
  • Determine if section 4.2.1, 4.2.2 and 4.2.3 are necessary. This may take place before or after interview with respondent.
  • Request a meeting and provide a letter of allegation(s) to the respondent to discuss the allegation(s).
  • Interview other parties as identified by the complainant and respondent.
  • Determine preponderance of the evidence and recommended sanctions.
• 4.2.1 Emergency Suspension: The report is assessed on a case by case basis internally and an emergency suspension may be imposed for the respondent if necessary.
• 4.2.2 Duty to warn, timely warning, or emergency notification: The situation is assessed on a case by case basis by University Police Department or Chancellor/Officer of the Day. A notice to campus will be sent via email if it is found to be necessary.
• 4.2.3 Remedial Actions and Interim Measures: The Equity, Diversity and Inclusivity Director, Human Resources Director, Dean of Academic Affairs, Dean of Students or designee(s) will decide upon remedial actions and/or interim measures to address safety and confidentiality of the complainant and overall campus safety. The appropriate Administrator(s) will be involved in the decision making process when remedial actions and/or interim measures are being made outside of an emergency situation. A report of the information and remedial actions delivered to the respondent and, at times, to the complainant as well. This may include but is not limited to no contact directives, change in class schedules, etc.
• 4.3 Findings: When Formal Investigation is completed a determination will be made using a preponderance of evidence. These findings will be communicated to the complainant and respondent either verbally or in writing.
  Preponderance of Evidence Standard Met – Finding of Responsibility:
  • If the respondent does not agree with the recommended sanction the respondent will be referred to the Chancellor for an appeal.If the respondent accepts recommended sanction, a settlement is signed.
  Preponderance of Evidence Standard NOT Met:
  • Complainant has the option to appeal to the Chancellor.

Sanctions

• 5.1 Students: The disciplinary sanctions that may be imposed for nonacademic misconduct, in accordance with the procedures of ss. UWS 17.11 to 17.13.
• 5.2 University Employees: Sanctions that may be imposed for a violation of Anti- Bullying/Harassment policy by University employees can range from a written warning, change of work location and/or duties, educational remediation, suspension, and/or up to termination of employment contract. All applicable policy constraints will be recognized if sanction are recommended.

Retaliation

State and federal laws and university policy protect against retaliation. University policy prohibits retaliation against an individual who has reported sex discrimination or misconduct, filed a complaint, participated in the investigation of a complaint, or assisted others who raised a complaint. Retaliation is a serious offense which will result in disciplinary action and will be considered a form of discrimination and will be treated as such. This protection exists even if a complaint is dismissed or found lacking in merit.

Evaluation

This policy will be evaluated on an ongoing basis by the Chancellor, Provost, Dean of Academic Affairs, Human Resource Director, Dean of Students and the Equity Diversity and Inclusivity Director.

Mutual Respect

All students must learn and practice respect of each other for this positive educational environment to be achieved on campus. Each act of discrimination, harassment, or assault, spoils the educational environment for all students. UWS seeks through its administration, faculty and staff, and student services to provide guidance and help to all students subjected to discrimination, harassment, or assault. UWS will also discipline students who discriminate, harass, or attack other students. UWS will work with the proper authorities if its students commit criminal behavior on or off campus. Contact the Affirmative Action Officer if you have any questions or concerns in Old Main 201, ext. 8365 or 394-8365 .

UW-Superior Policy

Policy Subject: Discrimination, Discriminatory Harassment and Retaliation Policy 

Cabinet Division: Chancellor (Affirmative Action) 

Policy History: Replaces Discrimination/Sexual Harassment Policy approved on 05-01-2014 

Effective Date: 04-01-2020

Background and Purpose

I.1. Purpose and Scope. The University of Wisconsin-Superior (UW-Superior) is committed providing an environment free of discrimination, harassment, and retaliation. Toward this end, UW-Superior will not tolerate discrimination by any university employees, students, student organizations, academic departments, governance organizations, visitors, volunteers, contractors, subcontractors, and others who do business with or for the university.  This policy applies to all programs, activities, employment practices and operations. 
 
I.2.  Policy Statement. The UW-Superior subscribes to the policies of the University of Wisconsin Board of Regents that maintain an academic and work environment free from discrimination, discriminatory harassment and retaliation for all students and employees (Regent Policy Document 14-6-formerly UPS Operational Policy EEO 5). 

The UW-Superior pledges itself to continue its commitment to the achievement of equal opportunity within the University by maintaining a working and learning environment that is free from discrimination, discriminatory harassment and retaliation. In this regard, the UW-Superior will recruit, hire, promote, educate, and provide services to persons based upon their individual qualifications. UW-Superior also prohibits using institutional technology (i.e. computers, e-mail systems, voicemail systems, or webpages) in any manner that would violate this policy.

Because the protected status categories applicable to the educational setting are different than the employment setting, Regent Policy Document 14-6 separates the categories accordingly.

In the educational setting, a student may not be discriminated on the basis of, but not limited to, race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, age, pregnancy, marital or parental status, military service, veteran status, or any other category protected by law.  This policy protects students from discrimination, discriminatory harassment and retaliation in admission and enrollment, educational environment, course work, student services, programs, activities and facilities.

In the employment setting, an employee may not be discriminated against on the basis of race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, age, pregnancy, marital or parental status, genetic information, arrest record, conviction record, military service, veteran status, use or nonuse of lawful products off the employer’s premises during nonworking hours, declining to attend a meeting or participate in any communication about religious matters, or any other category protected by law.  This policy protects employees from discrimination, discriminatory harassment, and retaliation in employment-related actions such as recruitment, interviewing, testing, screening, selection, placement, classification, evaluation, transfer, promotion, training, compensation, fringe benefits, layoffs and/or dismissal. 

An employee may not be discriminated against on the basis of race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, age, pregnancy, marital or parental status, genetic information, arrest record, conviction record, military service, veteran status, use or nonuse of lawful products off the employer’s premises during nonworking hours, declining to attend a meeting or participate in any communication about religious matters, or any other category protected by law.  This policy protects employees from discrimination, discriminatory harassment, and retaliation in employment-related actions such as recruitment, interviewing, testing, screening, selection, placement, classification, evaluation, transfer, promotion, training, compensation, fringe benefits, layoffs and/or dismissal. 

Specific incidents of alleged discrimination or discriminatory harassment will be reviewed on a case-by-case basis in accordance with the procedures set forth.  Due consideration will be given to the protection of individual First Amendment rights to freedom of speech, expression, and academic freedom (see RPD 4-21.)  Some instances require investigation and remedy even if the complainant does not wish to proceed. Some instances require investigation and remedy even if the complainant does not wish to proceed; these instances may include by are not limited to situations where the university is aware of a pattern of behaviors by the respondent, where the situation is severe and pervasive, etc.

As required by Title IX of the Education Amendments of 1972, the UW-Superior does not discriminate on the basis of sex in its educational programs and activities, including employment and admission. Questions specific to Title IX may be referred to the University Title IX Coordinator or Sex Discrimination and Sexual Harassment (Title IX) Policy. (NOTE:  Acts of sexual violence, sexual harassment, and sex discrimination is addressed through UW-Superior’s policy.

Individuals who engage in discriminatory or harassing conduct as defined in the policy or who retaliate against those filing or assisting in the process of complaints of discrimination or discriminatory harassment will be subject to appropriate disciplinary actions.  

Definitions

II.1.  Affirmative action.  Action that is positive and extraordinary which re-addresses the behaviors that are the discrimination and/or discriminatory harassment.

II.2.  Discrimination.  Conduct that adversely affects any aspect of an individual’s employment, education, or participation in an institution’s activities or programs, or has the effect of denying equal privileges or treatment to an individual on the basis of one or more characteristics of that individual’s protected status or category as defined herein.

II.3.  Discriminatory Harassment. A form of discrimination consisting of unwelcome verbal, written, graphic or physical conduct that:
II.3.1.  Is directed at an individual or group of individuals on the basis of the individual or group of individuals’ actual or perceived protected status, or affiliation or association with person(s) within a protected status (as defined herein above); and 
II.3.2.  Is sufficiently severe or pervasive so as to interfere with an individual’s employment, education or academic environment or participation in institution programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, offensive or hostile. 

To constitute, prohibited discriminatory harassment, the conduct must be both objectively and subjectively harassing in nature. Discriminatory harassment may include but is not limited to verbal or physical attacks, threats, slurs or derogatory or offensive comments that meet the definition set forth herein. Discriminatory harassment does not have to be targeted at a particular individual in order to create a harassing environment, nor must the conduct result in a tangible injury to be considered a violation of this policy. Whether the alleged conduct constitutes prohibited discriminatory harassment depends on the totality of the particular circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs and the status of the individuals involved. (Note: Sexual harassment is defined and addressed under Regent Policy 14-2 and UW-Superior Sexual Violence and Sexual Harassment policy.)

II.4.  Hostile Environment. A work, academic, or program-related environment that is created by one or more individuals that would be considered intimidating, hostile, or offensive to a reasonable person. 

II.5.  Retaliation. Adverse action taken against an individual in response to, motivated by or in connection with an individual’s complaint of discrimination or discriminatory harassment, participation in an investigation of such complaint and/or opposition of discrimination or discriminatory harassment in the educational or workplace setting.

III.    Options for Resolution. To the extent practical, efforts should be made to resolve complaints among the parties involved first.  The option to file a Report about a Complaint is always available.  Employees and students may at any time seek advice and assistance about various ways to resolve complaints with the AAO, who may assist with a negotiated resolution either before or after a complaint report is filed.  Options for resolution may include but are not limited to: dialogue among the parties involved, training, mediation, etc.  (Note: “Options for Resolution” refer to the “Informal Complaint” process required in RPD 14-6.)

IV.    Reporting a Complaint.  Any individuals who believe they have been subject to activity prohibited by this policy may report the situation to:

• The Dean of Students Office if the conduct is by a student or by a student organization; or
• The Affirmative Action Officer (AAO) if the conduct is by an employee, academic departments, governance organizations, visitors, volunteers, contractors, subcontractors, and others who do business with or for the university. 

Complaint Reports will be reviewed on a case-by-case basis with due consideration given to protection for freedom of speech, freedom of expression, and academic freedom (see RPD 4-21.) (Note: “Complaint Reports” refer to the “Formal Complaint” process required in RPD 14-6.)  UWS Chapter 17 will be followed when the complaint reported is against a student.

4.1 Confidentiality. Where possible, confidentiality will be maintained. However, disclosures may be necessary to ensure a thorough investigation in compliance with the law and university regulations. In addition, university records may be subject to release under the Wisconsin Public Records Law. 

4.2 Applicability. This procedure applies to discrimination, harassment, and retaliation complaints by and against UW-Superior employees, students, and affiliates. Retaliation against an individual for filing a complaint of discrimination or harassment or participating in the process is prohibited.

4.3. Complaint Report Procedures. Should a resolution (in Section III) be unsuccessful, a report of the complaint can be filed in writing with the Dean of Students Office or AAO within 300 calendar days after the complainant knew, or reasonably should have known, of the occurrence, event, or omission out of which the complaint has arisen. An individual who does not comply with the time limits in this policy shall be barred from further pursuit of the complaint process.
4.3.1. Initial Review of Complaint. The AAO will review the complaint and will notify the complainant within 20 calendar days of receipt of the complaint whether the complaint will be investigated, referred to another office or individual, or dismissed (if the complaint is untimely or without sufficient basis to warrant investigation).
4.3.2. Investigation. The AAO will convene investigator(s) to gather and consider evidence in order to investigate the complaint. Information needed may include interviews with the complainant, respondent, and any witnesses; written statements and communications; and documents such as personnel or academic files policies and procedures. Typically, investigations will be completed within 60 business days.
4.3.3. Investigative Report. At the conclusion of the investigation, the AAO will ensure that a report is prepared with written findings and submit them to the Chancellor (or designee) with a copy to relevant supervisory employees, the complainant, and the respondent (if any).

• Where there is insufficient evidence of discrimination or harassment, the complaint will be dismissed.
• Where there is sufficient evidence of discrimination or harassment, the AAO will work with appropriate university officials in formulating a recommendation, which will be submitted to the Chancellor for consideration and decision. The Chancellor’s decision, which may include specific actions or recommendations for discipline, is final within the institution.

4.3.4. Appeal. A finding of insufficient evidence by the AAO (prior or subsequent to investigation) may be appealed to the Chancellor, by submitting in writing the reasons for the appeal within 15 calendar days of the AAO’s dismissal. A student complainant may appeal the Chancellor’s ruling to the University of Wisconsin Board of Regents.

4.3.5. Rights of Individuals Disciplined. Individuals disciplined as a result of this procedure retain applicable rights and procedures with regard to the disciplinary action.

Attachments and Related Information

RPD 14-2: Sexual Harassment Policy Statement and Implementation 
RPD 14-3: Equal Opportunities in Education: Elimination of Discrimination Based on Gender
RPD 14-5: Measures to Alleviate Racism
RPD 14-6: Discrimination, Harassment and Retaliation
RPD 14-10: Nondiscrimination on Basis of Disability: Policy Statement
RPD 4-21: Commitment to Academic Freedom and Freedom of Expression
UWS Chapter 17: Nonacademic Misconduct Procedures
UW-Superior Policy – Sexual Violence and Sexual Harassment Policy 

Universities of Wisconsin Administrative Policy 1040 establishes a foundation for the privacy of a data subject’s personal data throughout the University of Wisconsin (UW) System.

• Safeguards the privacy rights of members of the UW System community and maintain accountability for protecting all types of personal data.
• Balances a data subject’s privacy rights with the need and access to personal data to serve or protect core values and operations of UW System and/or to meet legal requirements.

The Universities of Wisconsin is committed to the free and open discussion of ideas and encourages active civic engagement including participation in the electoral process. Learn more about Universities of Wisconsin’s Guidance on Political Campaign Activities.

The University of Wisconsin-Superior is committed to promoting a respectful working, learning, and social environment where all members of the university community work together in a mutually respectful and healthy environment.

The University of Wisconsin-Superior is committed to providing a respectful campus, free of bullying, harassment, discrimination, violence, incivility, etc.

A respectful campus exhibits and promotes growth, knowledge, balance, respect, integrity, professionalism and community. These values that delineate a respectful campus apply to all members of the University of Wisconsin-Superior community. Practicing these values create harmony in the living, working, and educational environment. Promoting personal accountability for one’s actions in maintaining a respectful, diverse, and collaborative culture allows us to resolve conflicts through civil conversations and grow as individuals as well as a community.

The University of Wisconsin-Superior strives to foster an environment that reflects courtesy, civility, and respectful communication. Such an environment promotes community, balance, learning, research, and productivity through relationship building. A respectful campus environment is absolutely necessary for the success of the University’s mission to foster intellectual growth and career preparation within a liberal arts tradition. This tradition emphasizes individual attention, embodies respect for diverse cultures and multiple voices that engages the community and region.

Through this statement, the University of Wisconsin-Superior continues to reaffirm its commitment to the principle of a respectful campus for all while developing and sustaining programs that address equal opportunity, discrimination, etc. This respectful campus statement is made, not because we are required to, but because we are devoted to supporting a respectful campus.

Policy Subject: Smoking – UW-Superior
Cabinet Division: Administration & Finance
Policy History: Current: August 6, 2014 (revised);December 31, 2014 (add.rev.). Issued January 1, 1998;Revised August 22, 2006
Effective Date: September 1, 2014;December 31, 2014

Background and Purpose

It is the intent of the University of Wisconsin-Superior to provide a healthy environment for all employees, students and visitors to the campus. The health effects caused by the use of tobacco and passive exposure to tobacco smoke are well established. Much is unknown about the health effects from use of electronic forms of smoking; however the University has chosen to promote a safe and healthy learning and working environment by including them in this smoking policy.

Constraints

This policy is in compliance with the following Wisconsin State Statutes and Wisconsin Administrative Codes:

• Wis. Statutes 101.123–Smoking Prohibited, and
• Wisconsin Administrative Code Chapter UWS 18.08(11a) and 18.08(11b) and 18.08(9)(b), and 
• Any local city ordinances that may be applicable.

Definitions

3.1 “Smoking” is defined as burning, holding, lighting, inhaling, exhaling or carrying a lighted cigarette (such as tobacco, herbal, clove, bidis, kreteks), cigar, pipe or hookah products, or any electronic smoking or vaporizing devices such as e-cigarettes, personal vaporizers, atomizers, and electronic nicotine delivery systems, etc.

Policy Statements

4.1 Smoking is prohibited on all University property except at designated outside smoking areas as indicated by permanently installed smoking receptacles and signage.
4.1.1 The designated smoking locations have been established to prevent the infiltration of second hand smoke into the buildings through windows, doors and ventilation system air intakes and to provide reasonable smoke-free pedestrian access to buildings.
4.1.2 Current designated smoking locations are identified in the attached Addendum and on the Campus Safety Web site. Designated locations may be updated as needed.
4.2 Residence Life has the right to enact and enforce stricter policy statements in and near the residence halls at UW-Superior.
4.3 Exceptions to this policy may be allowed for ceremonial or other special purposes by the chancellor or his/her designee. 4.4 The University reserves the right to enforce stricter standards than required by state statutes or other governmental regulations.
4.5 Smoking at outdoor events is restricted to designated areas, and not permitted in the seating areas.
4.6 Smoking is not permitted in vehicles owned by the State of Wisconsin.

Policy Procedures

5.1 The University will install signage at building entrances and other areas where smoking is prohibited. The University will provide information about this policy and designated smoking locations on the Campus web site.
5.2 The University will continue to support smoke-cessation programs for all members of the university community who wish to take advantage of it.

Compliance

6.1 Report violations of this policy to Campus Safety.
6.2 Penalties for violation of this smoking policy.
6.2.1 Any individual found smoking inside a building is subject to be cited immediately under Wis. Administrative Code Chapter UWS 18, City of Superior ordinance or state law. 
6.2.2 UW-Superior employees and students may also be subject to disciplinary action under University policies.
6.3 Littering will not be tolerated. Receptacles are provided throughout campus to properly dispose of all tobacco related materials.
6.3.1 Individuals may be charged under Wisconsin Administrative Code UWS Chapter 18.06 (3)(a) for littering.

Designated smoking locations as of December 31, 2014

UW-Superior students are expected to be good citizens and responsible for their behavior. When these expectations are not met, the non-academic misconduct process (Universities of Wisconsin Adm. Code Ch. 17) may be used to redirect students into more acceptable patterns of behavior. This process encourages students to take responsibility for their choices and actions, allowing the University and student jointly to determine an appropriate disciplinary response.

Most misconduct cases result in sanctions that are educational in nature and encourage leadership. However, there are at times incidents which warrant a more severe level of sanction, including disciplinary probation and even suspension/expulsion. Students need to be aware that the choices they make can compromise their education and future.

Students need to understand that some types of behaviors are not incompatible with membership in the University community and therefore may result in suspension or expulsion from the Universities of Wisconsin. The list below, while not exhaustive, gives some general types and examples of serious misconduct violations that may result in separation from the Universities of Wisconsin:

• Victimizing others (assault, stalking, and harassment)
• Compromising their own or others’ health or safety (assault, arson, severe or repeated alcohol policy violations, selling or using drugs, possession of a weapon)
• Poor citizenship (theft, vandalism, giving false information, failing to abide by restrictions placed in an earlier disciplinary action)

Title IX Information

Preventing Drug and Alcohol Abuse

The University of Wisconsin-Superior is committed to a policy of providing equal employment opportunity for all qualified individuals regardless of race, religion, creed, color, sex, gender identity or expression, national origin, ancestry, age, disability, marital status, relationship to other employees, sexual orientation, political affiliation, arrest or conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or the State of Wisconsin, or other protected status.

Equal employment opportunity applies to all faculty, students, academic staff, classified, limited term and project positions, and to all employment practices including, but not limited to: recruitment, interviewing, screening, hiring, certification, testing, placement, classification, evaluation, transfers, promotions, tenure, training, compensation, benefits, layoffs, non-contract renewals, terminations, retention, and committee assignment. Affirmative Action policies and programs are required to overcome the present effects of past discrimination and to achieve equal employment opportunity for members of groups that are or have been formerly under-represented. Through specific and result-oriented activities the University’s goals are to ensure that every person is given full consideration through equal employment opportunity policies and practices and to achieve a representative workforce through its affirmative action efforts.

UW-Superior ensures physical accessibility to work environments for persons with disabilities and provides reasonable accommodation to ensure equal access to employment and all benefits associated with employment. When requested, reasonable accommodations for religious observances and practices will be provided.

All management personnel share in the responsibility for monitoring all equal employment and affirmative action policies. The Affirmative Action Officer is responsible for monitoring the effectiveness of equal opportunity and, where necessary, the implementation of affirmative action programs.

Harassment is verbal or physical conduct that hinders access to employment; interferes with an individual’s work performance; or creates an intimidating, hostile, offensive or demeaning work environment. Harassment by supervisors and/or co-workers on the basis of race, gender, sexual orientation, or other discriminatory bases are unlawful employment practices prohibited by state statutes, the Office of State Employment Relations, and UW-Superior and will not be tolerated. Retaliation against an employee who files a discrimination or harassment complaint, or against anyone who assists in the preparation of or testifies on behalf of an employee, is itself considered a form of discrimination and will be treated as such. Persons seeking to file a complaint of harassment or discrimination should first bring the situation to the attention of their immediate supervisor. However, the employee may bypass their immediate supervisor and directly contact UW-Superior’s Affirmative Action Officer Cory Kempf; 715-394-8220 ; or Old Main 201.

The University’s EEO/AA policies and procedures, including processes for the investigation and resolution of discrimination and/or harassment complaints, are detailed in the Faculty and Academic Staff Handbook, the Classified Staff Handbook, and on the Human Resource website. Handbook copies are distributed to all employees.

Approved Feb 2007 (officers updated 2-2-2015)