PART ONE - Statutory Language
36.12 Student discrimination prohibited.
(1) No student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions or centers because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, gender identity and expression, pregnancy, marital status or parental status.
(2) (a) The Board of Regents shall direct each institution and center to establish policies and procedures to protect students from discrimination under sub.(1). The policies and procedures shall do all of the following:
1. Provide criteria for determining whether sub.(1) has been violated.
2. Provide remedies and sanctions for violations of sub.(1).
3. Require a complainant to file a complaint with the institution or center within 300 days of the alleged violation of sub.(1)
4. Provide periods within which the complainant and the institution or center must act for each procedural step leading to the issuance of a final decision to the chancellor of the institution or dean of the center.
(b) The board shall establish policies and procedures for the appeal of the chancellor's or dean's decision to the board.
(3) By September 1, 1991, 1992, 1993 and 1994 the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172(3). The report shall specify all of the following for the previous academic year:
(a) The number of complaints received at each institution and center alleging a violation of sub.(1) and the disposition of each such complaint.
(b) The number of requests for review received by the board and the disposition of each such request.
PART TWO - Criteria for Determining Whether the Prohibition on Discrimination Has Been Violated
In determining whether discrimination in violation of s.36.12, Wisconsin Statutes, has occurred, the University of Wisconsin - Parkside through the Office of the Dean of Students, shall apply state and federal statutes, regulations, and case law relevant to the basis of discrimination being alleged, including but not limited to such legal materials and precedents as Title IV of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, s. 101.223, Wis. Stats., s. 36.12(3)(a), Wis. Stats., the United States Constitution, the Wisconsin Constitution, and related regulations and case law.
In any case where there is a question as to whether the action or conduct in question violates s. 36.12, Wisconsin Statutes, System Legal Counsel shall be consulted.
PART THREE - Deadline for Filing Complaints
Complaints alleging a violation of s. 36.12, Wisconsin Statutes, must be filed with the Office of the Dean of Students within 300 days of the alleged violation.
PART FOUR - Procedures and Remedies for Violations of Section 36.12, Wis. Stats.
(1) The Office of the Dean of Students shall be responsible for:
(a) Reviewing each complaint;
(b) Providing procedural information to the complainant;
(c) Referring the complainant to any other more relevant complaint or grievance process, if appropriate (as for example, if the complaint alleges sex discrimination, referring the matter to the grievance process established under Title IX; if a complaint alleges sexual harassment refer the matter to the grievance process established for sexual harassment); and
(d) Conducting investigations of complaints, where no other complaint or grievance mechanism applies to the subject matter of the complaint.
(2) After initial review to determine jurisdiction and the availability of appropriate review mechanisms, the Office of the Dean of Students shall refer a complainant to another relevant complaint or grievance procedure and further action on the matter will be taken in accordance with that other procedure. In those instances where there is no other relevant complaint or grievance procedure, the Office of the Dean of Students shall process the complaint as provided below.
(3) Where the Office of the Dean of Students retains jurisdiction and determines after investigation that no discrimination in violation of s. 36.12 has occurred, the complaint shall be dismissed, and the complainant and any other interested parties will be so advised. In the event a complaint is dismissed under this paragraph, the complainant may appeal to the Provost/Vice Chancellor for Academic & Student Affairs within 10 days of the dismissal.
(4) Where the Office of the Dean of Students has retained jurisdiction over the complaint and determines after investigation that discrimination in violation of s. 36.12 has occurred, the Office of the Dean of Students may:
(a) Attempt to resolve the matter through discussion among the involved parties; or
(b) Recommend to the appropriate administrators remedial action to eliminate the discrimination; or
(c) Refer the matter to the appropriate administrators for review and consideration of possible disciplinary action, where misconduct by faculty, staff or students appears to be involved. In those instances where the Office of the Dean of Students makes such a referral, the matter so referred shall then be reviewed and processed as provided under the appropriate applicable disciplinary procedure.
(5) The Office of the Dean of Students shall make every effort to complete its processing of a complaint within 30 days of receipt (subject to possible extension up to a maximum of 90 days of receipt).
(a) In the event attempts at mediation under paragraph (4)(a) fail, or a recommended remedial action under paragraph (4)(b) is rejected, the complainant may appeal to the Provost/Vice Chancellor for Academic and Student Affairs within 10 days of the action. The review of the appeal conducted by the Provost/Vice Chancellor for Academic and Student Affairs shall result in the preparation of a written report and recommendation to the Chancellor.
(b) In the event the matter is referred under paragraph (4)(c) above, the time limitations and procedures applicable to employee or student disciplinary matters shall apply.
(6) In all matters involving an alleged violation of s. 36.12, the Chancellor's decision shall be final, except that the Board of Regents may, consistent with the Bylaws of the Board of Regents of the University of Wisconsin System, conduct a review of the record.