Policy on the Conduct and Discipline of Registered Student Organizations

Definitions Used in This Policy
I. Student Organization Code of Conduct
II. Disciplinary Procedures for Violations of the Student Organization Code of
    Conduct
III. Disciplinary Procedures for Discriminatory, Egregious or Individual Violations
    of the Student Organization Code of Conduct

Policy Addendum

This Policy on the standards and procedures for Registered Student Organizations (RSOs) at the University of Wisconsin-Madison establishes a Student Organization Code of Conduct as well as procedures for alleging complaints against student organizations and for the imposition of disciplinary sanctions should a student organization be found responsible for the alleged actions. It was originally adopted on April 25, 1996, by the Associated Students of Madison and revised by the Committee on Student Organizations during the 2003-04 academic year and again during the 2005-06 academic year.

The University recognizes that participation in student organizations constitutes an integral aspect of the living-learning environment. Student organization membership affords opportunities to develop skills in areas such as leadership, fiscal management, event planning, ethical decision-making, delegation, and team building. We expect that students will adhere to high standards of behavior in the execution of their organizational responsibilities.

This Policy is a means to strengthen the standards that are expected of RSOs and which expand upon and complement the University’s teaching, research and public service missions. The Policy also is a means to provide for an expedient and effective process for handling those situations when the University’s standards of conduct are not upheld. While detailed and lengthy, this Policy is a tool that both helps protect the rights of RSOs while making sure those organizations are held accountable to their members, the University community and the community-at-large.

The Committee on Student Organizations (CSO) is the principal body for implementing and revising this Policy. The CSO itself is an appointed body of students, faculty and staff; a majority of the Committee is made up of students. Revisions to this Policy are made in consultation with the Director of the Student Organization Office (SOO) and the Dean of Students, and such revisions are subject to approval by the Chancellor.

The Student Organization Code of Conduct in this Policy applies to all University of Wisconsin-Madison RSOs. The disciplinary procedures outlined in Section II apply to all complaints alleging Code of Conduct violations except complaints alleging discrimination, egregious behavior or complaints against an individual member of an RSO when said member is not representing the RSO. Violations of the Code of Conduct that allege these types of behavior are pursued in accordance with Section III of this Policy. Social fraternities and sororities are subject to the regulations listed in this Code of Conduct, the Student Organization Handbook, and the registration requirements and the conduct rules of their governing umbrella groups: Panhellenic Association, National Pan-Hellenic Council, Interfraternity Council or Multicultural Greek Council.

Questions regarding this Policy may be addressed to the Chair of the Committee and to the Director of SOO. These individuals may be contacted at the Student Organization Office.

Definitions Used in This Policy:

Assistant Dean, or Investigating Officer, is an Assistant Dean of Students in the Student Advocacy and Judicial Affairs unit of the Offices of the Dean of Students of the University.

Associate Dean, is the Associate Dean of Students of the University as assigned by the Dean of Students.

Associated Students of Madison (ASM) is the student government association formed in 1994 to represent student concerns.

ASM Student Judiciary is the branch of student government responsible for planning campus elections and settling disputes.

Business day means any day on which the University conducts regular business.

Chancellor is the Chancellor of the University or designee.

Committee on Student Organizations (CSO or Committee) is the University Committee on Student Organizations as established and appointed by the student government association.

Committee on Student Organizations Chair is the person appointed annually by the Committee at their first meeting of the academic year. The Chair serves as the spokesperson for the Committee and is responsible for bringing information regarding complaints to the Committee.

Complainant is the person, as allowed in this Policy, who brings forth allegations of possible misconduct by an RSO.

Controlled Substance means substances defined in Ch. 161, Wisconsin Statutes.

Day means calendar day, except as specifically noted otherwise in this Policy.

Dean of Students is the Dean of Students of the University or designee.

Director of Student Advocacy and Judicial Affairs (SAJA), is the Associate Dean of Students of the University that serves in this capacity.

Director of the Student Organization Office (or Director) is the Director of the Student Organization Office of the University or designee.

Disciplinary Sanction means any action affecting the status of an RSO, as an RSO, that is imposed in response to the organization's misconduct. The term includes, but is not limited to, educational programming, restitution, community service activities, apology letters, probation (including denial of specified University privileges), suspension, termination or other such sanctions deemed appropriate by the Committee.

Discrimination, as referred to in this Policy, shall include any actions by an RSO that limit access to or involvement in organization activities on the basis of race, color, creed other than commitment to the beliefs of the organization, religion, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status parental status or sex, unless pursuant to an exception recognized by applicable federal and state law. Refer to Policy Addendum 1 for full University of Wisconsin-System student organization nondiscrimination policy statement.

Egregious Behavior is conduct which is extreme and outrageous, exceeding all bounds usually tolerated by the University community. This behavior must be a flagrant violation of UWS 14, 17, 18 and/or student organization policy.

Event(s) means any activity sponsored, cosponsored or organized by an RSO.

Financial Records means account statements, checking and savings records and all other records of receipt or payment of funds from any source of organization funds.

Greek Judicial Board is the body that decides upon complaints arising out of social fraternities’ and sororities’ code of conduct under the jurisdiction of the Greek Judicial Board.

Hearing Panel means the Committee on Student Organizations.

Investigating Officer: see “Assistant Dean.”

Primary Contact means the designated contact person of the RSO as listed on the group's registration form.

Probation means the RSO is permitted to remain registered only upon the condition that it complies with all University rules and regulations and with other standards of conduct that the organization is directed to observe for the duration of the period of the probation. Probation may include the suspension of some of the organization's rights. Probation may not exceed two semesters in duration for any given misconduct, except that violation of probationary conditions may be cause for extension of the probation for no more than two additional semesters or suspension of some rights. Violation of probation requirements shall be grounds for further sanctions, up to, and including, termination.

Provost means the Provost and Vice-Chancellor for Academic Affairs of the University or designee.

Quorum for the Committee means a majority of the appointed members, unless otherwise provided for in this Policy.

Registered Student Organization (RSO) is a group, composed mainly of, and directed by, students, consisting of at least three (3) students, and which has filed all appropriate registration forms with the Student Organization Office and meets the eligibility criteria for registration.

Respondent is the person or RSO about whom or against which an allegation of possible misconduct is brought forth.

School day means any day on which classes normally meet, including finals week.

Student, for the purposes of this Policy, is any person who is registered for study at the University for the current academic period. A person shall be considered a student during any period that follows the end of an academic period the student has completed until the last day for registration for the next succeeding academic period, except that a student from the spring academic session, who is not attending any summer session, shall remain classified as a student, for purposes of this Policy, until the last day for registration for the succeeding fall academic period.

Student Advocacy and Judicial Affairs is the division within the Offices of the Dean of Students that deals with, for the purposes of this Policy, investigative and disciplinary measures.

Suspension means a temporary loss of some or all of an RSO’s privileges for a specified period of time, not to exceed two years. Notices of suspension will be sent to Central Reservations, and possibly to other campus offices and funding bodies.

Termination means the revocation of a student organization's status and privileges as an RSO for a length of time and according to terms to be determined by the Committee.

University means the University of Wisconsin – Madison.

I. Student Organization Code of Conduct

Any violation of the following regulations by an RSO may result in disciplinary sanctions against the organization.

All Registered Student Organizations:

1. Must comply with the eligibility requirements and financial regulations published in the Student Organization Handbook;

2. Shall not discriminate on the basis of race, color, creed other than commitment to the beliefs of the organization, religion, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status parental status or sex, unless pursuant to an exception recognized by applicable federal and state law. Refer to Policy Addendum 1 for full University of Wisconsin-System student organization nondiscrimination policy statement.(disciplinary procedures for handling allegations of discrimination are defined in Section III of this Policy);

3. Are not exempt from discipline for such actions under this Policy that constitute violations of federal, state or local laws, and may be subject to additional action by an appropriate judicial body;

4. May be subject to disciplinary action as a result of actions of individual members of the organization undertaken while representing the organization;

5. Shall be responsible for all activities and/or damages resulting from its events. An RSO must exercise reasonable caution to ensure that its events, and agents acting on its behalf, do not cause damage to the property of students, University employees, other organizations, or the University; do not harm or constitute a serious danger to the personal safety of a member of the University community (students and University employees) or guests and do not obstruct or seriously impair University run or University authorized activities;

6. Shall be responsible for compliance with University policies, including, but not limited to, the use of University facilities and grounds, electronic information technology and facility reservation contracts;

7. Shall insure that invitations to events taking place in a University facility are limited to students, faculty and staff of the University unless an exception is specifically authorized in accordance with appropriate facility use policies;

8. May not knowingly organize, sponsor, cosponsor or in any way coordinate an event in University facilities with any student organization that has been prohibited from participating in that type of event or has had its RSO status terminated. If an RSO is suspended or on probation, the RSO shall not participate in any activities which would violate the conditions of the suspension or probation;

9. Are accountable, through their primary contact, officers and other designated representatives, to the University. When an organization's primary contact, officers, or other designated representatives make a knowingly false statement, either orally or in writing, to any University employee, committee, or agent, on a matter relating to the activities of the organization or its members, the organization shall be subject to discipline;

10. Shall be responsible for compliance with University Alcohol Beverage Regulations, State Statutes and City Ordinances regarding possession, consumption and sale of alcohol beverages or other drugs, including controlled substances, at any event. An organization shall be responsible for verified instances of underage persons consuming or possessing an alcohol beverage, or other violations of any of the above rules at any event; and

11. Shall abide by decisions of the Committee and/or the Dean of Students regarding complaints arising out of this Policy.

II. Disciplinary Procedures for Violations of the Student Organization Code of Conduct

Timelines in this section regarding the complaint process may be extended for the Committee by the Dean of Students upon petition by the Chair of the Committee. Extension of timelines in this policy shall apply once the process outlined in this section is initiated; extension of timelines shall not apply to the deadline for the original filing of the complaint.

1. Any student, University faculty, staff, student organization or community member may bring an allegation of a violation of the Code of Conduct as provided within this Policy.

2. A complaint that an RSO has violated any provision of the Code of Conduct must be submitted in writing or via email to the Director of the Student Organization Office within four weeks of when the complainant knew or reasonably should have known of the incident. The complaint must include a statement of the facts upon which the allegation is based, the name and mailing address of the complainant and any documentation regarding the complaint. No action will be taken on anonymous complaints. (If any student organization, registered student or other concerned party has a complaint against an RSO for reasons other than a Student Organization Code of Conduct violation, they should contact the Student Judiciary, Greek Judicial Board, Student Organization Office Staff, SAJA, or other appropriate governing body directly.)

3. The Director of the Student Organization Office will promptly forward a copy of the complaint to the Chair of the Committee.

4. Either by a joint decision between the Chair of the Committee and the Director of the Student Organization Office, or if they should disagree, by decision of the Associate Dean, an RSO’s registration status may be suspended on an interim basis pending final resolution of the complaint for any one of the following reasons:

• The RSO is unresponsive to the Committee’s or Director’s inquiries;
• It is deemed necessary for reasons of health or safety;
• It is deemed necessary due to a repetitive complaint history; or
• The RSO is alleged to have engaged in egregious or discriminatory behavior to the degree that an immediate temporary suspension is warranted.

5. A suspension made under (4.) will be in effect until:

• The situation is mutually resolved;
• The complaint process is completed; or
• An exception is granted by the Committee.

6. In consultation with the Director of the Student Organization Office, and within a reasonable amount of time from the receipt of the complaint, usually not exceeding ten business days, the Chair of the Committee will determine:

• Whether the complaint is timely;
• Whether the complaint alleges discriminatory conduct;
• Whether the complaint alleges a violation on the part of an individual or an organization;
• Whether the complaint alleges an egregious violation of the Code of Conduct;
• Whether the complaint involves an issue under the jurisdiction of the Greek Judicial Board;
• Whether the complaint involves an issue under the direct and original jurisdiction of the Student Judiciary; and
• Whether the complaint puts forth a possible violation of the Code of Conduct, and which specific codes were potentially violated.

7. If the Chair of the Committee, in consultation with the Director, determines that the complaint is timely, the process shall continue. If the Chair of the Committee determines that the complaint is not timely, he or she shall dismiss the complaint. A dismissal by the Chair on timeliness grounds may be appealed as noted in paragraph 11 of this section.

8. If the Chair of the Committee determines that the complaint alleges discriminatory, individual or egregious conduct, the complaint shall be forwarded to the Offices of the Dean of Students to initiate the process described in Section III of this Policy.

9. If a possible violation of the Code of Conduct does exist, the Director of the Student Organization Office, or designee, shall collect additional information immediately following the finding being issued.

• If the complaint falls under the jurisdiction of the Greek Judicial Board, and if such complaint falls outside the jurisdiction of this Policy, the Chair of the Committee may forward the complaint to the Greek Judicial Board.
• If the complaint falls under the direct and original jurisdiction of the Associated Students of Madison Student Judiciary, if such complaint falls outside the jurisdiction of this Policy, and if such issue has not been addressed by the Student Judiciary, the Chair of the Committee may forward the complaint to the Student Judiciary.

10. If the Chair of the Committee determines that a possible violation of the Code of Conduct does not exist, the complaint shall be dismissed.

11. If the complaint is dismissed by the Chair of the Committee under paragraphs 7 or 10 of this section, the Complainant may appeal the Chair’s dismissal. The Chair of the Committee shall notify both parties in writing of the decision to dismiss the complaint. The Chair shall also notify the complainant in writing of their option to appeal the decision within five school days. Appeals must be submitted in writing to the Chair of the Committee and the Director. The appeal shall be heard by the CSO within 10 school days of receipt of the written appeal. The CSO shall only consider whether the complaint is timely or whether a possible violation of the Code of Conduct exists. If the Chair’s dismissal is overturned, the complaint shall proceed according to the remainder of the process as detailed in this Section. If the Chair’s dismissal is sustained, the decision shall stand and the complaint is dismissed.

12. The Chair of the Committee, in consultation with the Committee may, before a final decision is issued, resolve a complaint with the RSO for the imposition of discipline.

13. Following the information gathering by the Director of the SOO (Step 9 of this section), and within four weeks of initiating the information gathering, the Chair of the Committee, in consultation with the Director of the Student Organization Office, shall either:

• Dismiss the complaint; or
• Call a meeting of the Committee to hold a formal hearing on the complaint; or
• Mutually resolve the complaint.

14. If a formal hearing on the complaint is necessary, it shall:

• Be open only to the members of the Committee, the Director of the Student Organization Office, the complainant and student representatives of the RSO against which the complaint was filed. Any Committee member may recuse himself or herself from hearing a complaint. If a clear conflict of interest exists for a Committee member, and the member refuses to recuse himself or herself, the Committee may recuse the member by majority vote. If the Chair is recused, the Committee shall appoint an interim Chair to handle the proceedings of the complaint. TheCommittee may operate at a smaller membership for hearings, provided there is a student majority and at least three students able to serve.
• Permit the complainant or student representatives to have an advisor present at any point, but in an advisory capacity only.
• Allow for the Director of SOO or designee to present a case in favor of the allegation, using witnesses and evidence as relevant.
• Allow for student representatives of the RSO to cross-examine witnesses and present witnesses and evidence in the RSO's defense.
• Allow for members of the Committee to ask questions of both sides for clarification of facts.

15. Following the formal hearing, the Committee will meet as soon as reasonable to deliberate the evidence. Such deliberations will be open only to members of the Committee. Within two weeks of the hearing, the Committee shall issue a decision, based upon a “preponderance of the evidence” standard. The result of such decision may include:

• Dismissal of the complaint; or
• Implementation of sanctions deemed appropriate by the Committee, including, but not limited to, warnings, education and service events, probation, suspension or termination.

16. The Chair of the Committee shall, in writing, notify both parties of the decision of the Committee. Such decision shall be forwarded to the Director of the Student Organization Office and filed in the RSO’s disciplinary file. The Chair shall also notify the accused parties in writing of their right to appeal the decision within ten school days. Appeals must be submitted in writing to the Chair of the Committee and the Associate Dean. Only the accused party may appeal the final Committee decision.

17. If the complaint involves a health, security, or safety issue as determined by the CSO, the appellate jurisdiction will be the Associate Dean of Students or other designee appointed by the Dean of Students. All appeals of the Committee’s decision to the Associate Dean shall be limited to whether the RSO’s due process rights were violated.

• For all other issues, the appellate body will be the ASM Student Judiciary. All appeals of the Committee’s decision to the ASM Student Judiciary shall be limited to the grounds for appeal as specified in the Student Judiciary’s rules and bylaws.
• The Chair of the Committee, or his or her designee, shall represent the Committee before the ASM Student Judiciary and any other appropriate judicial body.

18. If a complaint is filed between the day following Spring Commencement and the first day of classes of the fall semester, the Chair of the Committee and the Director of the Student Organization Office will proceed through the process as outlined in Section II of this Policy. If the complaint moves into the information gathering stage, the Chair or his or her student designee from the Committee will preside over the meetings and proceedings. The Committee may operate at a smaller membership during this time period, provided there is a student majority. If at least three students are unable to serve, the complaint will be referred to the Offices of the Dean of Students for adjudication.

III. Disciplinary Procedures for Discriminatory, Egregious or Individual Violations of the Student Organization Code of Conduct

Discrimination, as referred to in this Policy, shall include any actions by an RSO that limit access to or involvement in organization activities on the basis of race, color, creed other than commitment to the beliefs of the organization, religion, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status, or sex unless pursuant to an exception recognized by applicable federal and state law. Refer to Policy Addendum 1 for full University of Wisconsin-System student organization nondiscrimination policy statement.

Egregious behavior is conduct which is extreme and outrageous, exceeding all bounds usually tolerated by the University community. This behavior must be a flagrant violation of UWS 14, 17, 18 and or student organization policy.

1. A complaint alleging that an RSO has demonstrated egregious behavior, a complaint of misconduct on the part of an individual member of an RSO while not representing the RSO, or a complaint alleging that an RSO has discriminated on the basis of race, color, creed other than commitment to the beliefs of the organization, religion, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status, or sex, unless pursuant to an exception recognized by applicable federal and state law, must be submitted in writing to the Committee on Student Organizations. Refer to Policy Addendum 1 for full University of Wisconsin-System student organization nondiscrimination policy statement.

• The complaint may be filed by a student, an RSO, or other persons or organizations, including other campus offices, with information about possible violations.
• The complaint must set forth the facts upon which the allegation of discrimination or egregious behavior is based.

2. Pursuant to Section II of this Policy, the Chair of the Committee, in consultation with the Director of the Student Organization Office, shall review the complaint and issue findings regarding jurisdiction and timeliness within a reasonable amount of time, usually not exceeding ten business days.

• If the Chair determines that possible individual, egregious, or discriminatory conduct exists, that portion of the complaint shall be forwarded to Student Advocacy and Judicial Affairs in the Offices of the Dean of Students.
• Any remaining potential violations of the Code of Conduct not involving individual, egregious, or discriminatory behavior shall remain with the Committee.
• The Committee will not schedule a hearing on non-egregious or non-discriminatory charges until it is known if there will be a hearing under the procedures below.
• The appeal process for all complaints forwarded to Student Advocacy and Judicial Affairs is outlined in this Section; appeal processes outlined in other Sections of this Policy do not apply to this Section.
• An interim suspension may be imposed as per Section II of this Policy.

3. The Associate Dean of Students shall review the forwarded complaint and will assign an Assistant Dean to investigate the complaint and assemble factual information regarding the circumstances of the case.

4. The Assistant Dean will notify the student organization’s contact person or persons of the complaint and outline the allegations of egregious and/or discriminatory behavior made against the organization and/or against individuals acting in an organizational context. In addition, individuals who are found to have engaged in specific Code of Conduct violations may also face conduct charges in accordance with the procedures outlined in UWS 14, 17 and 18.

5. The Assistant Dean will make all attempts to meet with possible witnesses, including key members of the RSO; and gather any additional information regarding the complaint. The information gathering shall be balanced and objective, and shall take into account both sides of the alleged incident.

6. Based on analysis of the available information, the Assistant Dean shall determine whether egregious or discriminatory behavior is more likely than not to have occurred based on the “preponderance of the evidence” standard.

7. If it is concluded that egregious or discriminatory behavior did not occur, all charges shall be dropped. A final letter shall be sent to the organization indicating that all charges have been dropped and that the conduct process is complete. If, throughout the course of the investigation, other potential violations of the Code of Conduct arise, the Offices of the Dean of Students may remand those potential violations back to the Committee for furthering investigation and review.

8. If it is concluded that egregious or discriminatory behavior is believed to have occurred, then a hearing shall be scheduled before the CSO. The Assistant Dean will, on behalf of the University, present the case against the RSO.

9. The hearing panel shall be the Committee on Student Organizations in accordance with usual hearing procedures in Section II. General recusal provisions, as found in Section II of this Policy, shall apply for the hearing panel. The Committee must maintain a student majority to function in the hearing panel capacity.

10. At the hearing, both the Assistant Dean and the select identified members of the student organization shall be given the opportunity to present information and witnesses, and shall be afforded the opportunity to rebut information and cross-examine witnesses. The Assistant Dean will also present the recommended sanction. The hearing panel will review the presented information and talk to witnesses. The hearing panel may also talk to other parties that may have information regarding the incident.

11. Any appeals of the CSO’s decision shall be forwarded to the Dean of Students. The Dean will review the hearing on the record. . The Dean may uphold, amend, or dismiss the recommended sanction. If the Dean of Students chooses to recuse him or herself from the case, the appeal will be forwarded to the Provost or the Provost’s designee.

Update Approved – October 9, 2006

Policy Addendum 1

University of Wisconsin-System

Student Organization Nondiscrimination Policy Statement

That, upon recommendation of the UW System President, the Board of Regents adopts the following policy on the recognition of student organizations:

Student organizations that select their members or officers on the basis of commitment to a set of beliefs (e.g., religious or political beliefs) may limit membership, officer positions, or participation in the organization to students who, upon individual inquiry, affirm that they support the organization’s goals and agree with its beliefs, so long as no student is excluded from membership, officer positions, or participation on the basis of his or her race, color, creed other than commitment to the beliefs of the organization, religion, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status, or, unless exempt under Title IX, sex.

This policy is in addition to other requirements for the official recognition of student organizations set forth in UW System or institutional policy documents, except that, to the extent that such UW System or institutional policy documents are inconsistent with this policy statement, they are superseded.