At the University of Wisconsin–Madison, academic misconduct procedures aren’t just a campus policy. They are set out in Chapter UWS 14 of the Wisconsin Administrative Code, which governs student academic discipline across the University of Wisconsin System. That means the same core rules apply at UW–Madison and at the other UW System campuses: an instructor must offer to discuss the matter with the student first, more serious sanctions come with a right to a hearing, and suspension or expulsion requires a higher level of proof.
A note on rules: administrative codes and university procedures are revised over time, and the rules that govern any particular case are the ones in effect for that case. This article describes the general structure of the UWS 14 process as published. The current code and the university’s current procedures are the controlling sources.
How Does a UW–Madison Case Begin?
A case typically begins when an instructor suspects academic misconduct and offers to discuss it with the student.
Under UWS 14, no disciplinary sanction may be imposed by an instructor unless the instructor promptly offers to discuss the matter with the student, so the student can hear the basis for the instructor’s belief and respond. After that discussion, the instructor decides whether misconduct occurred.
What Sanctions Can an Instructor Impose?
The level of sanction determines the process that follows. For the least serious sanctions, such as an oral or written reprimand or an assignment to repeat the work, an instructor can act after the discussion.
For more serious sanctions, such as a lower or failing grade, the instructor must provide the student with a written report. That report informs the student of the right to request a hearing to contest whether misconduct occurred, the sanction, or both.
When Does an Investigating Officer Get Involved?
An investigating officer handles cases that go beyond a single course, such as misconduct outside a course, repeat misconduct, or cases where the most serious sanctions may be considered.
Under UWS 14, the investigating officer can pursue sanctions including suspension and expulsion, subject to the student’s hearing and appeal rights.
What Happens at a Hearing?
A student who requests a hearing has the case heard by an academic misconduct hearing committee or a hearing examiner.
UW System materials describe the student’s rights at these hearings as including written notice of the alleged offense and the sanction sought, the right to question adverse witnesses, to be heard and present evidence, to be represented, and to receive a written decision. UWS 14 also provides that a hearing committee may find misconduct and impose suspension or expulsion only if the proof is clear and convincing, a higher standard than the one many universities use.
Can a Student Have Representation?
Yes. UW System materials describing the UWS 14 hearing process list the student’s right to be represented at the hearing, at the student’s own expense.
Can a Decision Be Appealed?
Yes. When the hearing committee imposes suspension or expulsion, the student may appeal to the chancellor, who reviews the decision on the record.
UWS 14 also provides for a discretionary appeal to the UW Board of Regents. The code includes a provision for settlement as well.
Common Misconceptions About UW–Madison Cases
“Each campus makes up its own rules.” UW System campuses follow Chapter UWS 14 of the Wisconsin Administrative Code, though each campus applies it through its own procedures.
“The instructor can impose a failing grade without notice.” For more serious sanctions, UWS 14 requires a written report that informs the student of the right to a hearing.
“The same proof is needed for every sanction.” Under UWS 14, suspension or expulsion requires clear and convincing proof.
“Students have to handle hearings alone.” UW System materials list the right to be represented at a hearing, at the student’s expense.
Frequently Asked Questions
What is UWS 14?
Chapter UWS 14 of the Wisconsin Administrative Code sets out student academic disciplinary procedures for the University of Wisconsin System, including UW–Madison.
Do I have a right to a hearing for academic misconduct at UW–Madison?
For more serious sanctions, such as a lower or failing grade, UWS 14 gives the student the right to a hearing before an academic misconduct hearing committee.
What standard of proof applies to suspension or expulsion?
Under UWS 14, a hearing committee may impose suspension or expulsion only if the proof of misconduct is clear and convincing.
Can I have a representative at a UWS 14 hearing?
UW System materials list the right to be represented at the hearing, at the student’s own expense.
Representation in UW–Madison and UW System Academic Misconduct Cases
Every case turns on its specific facts and on the rules in effect at the time of the case, and codes and procedures can change. Attorney Richard Asselta is a student defense attorney who represents students in academic misconduct cases at colleges and universities nationwide, including UW–Madison and other University of Wisconsin System campuses. See also appealing an academic misconduct decision. Call 855-338-5299.