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Policy 136 Review/Approval/Appeals Process

Responsible Office:
Dean of Students

Policy

Policy 136 – UW System policy requiring disclosure of the following prior to living in university housing or participating in university-sponsored study abroad programs:

  • Any prior felony pleas or convictions in which the student was treated as an adult during the proceeding; and
  • Non-academic postsecondary disciplinary violations that resulted in expulsion, dismissal or suspension.

Housing & Residential Education and the Office of International Education will include the following questions in contracting/application processes, and will not proceed with entering into any type of binding agreement until a negative response is provided or appropriate information can be accessed that indicates the student does not pose a threat to others/the campus community:

  • Have you ever been convicted of a felony? This includes pleading no contest to a felony.
  • Have you ever been expelled, dismissed or suspended from a postsecondary institution for a non-academic reason?

If the student responds affirmatively to either/both of the above, the student should be asked by the Dean of Students Office to provide a written explanation that provides additional information detailing their involvement.

The DOS office will determine if the disclosure requires further inquiry. If the disclosure does not meet the requirements of UW System Administrative Policy 136, the report shall be noted and closed.

If further inquiry is necessary, the DOS Office shall gather additional information by offering the reporting student the opportunity to provide further details and any explanatory information the student chooses to disclose.

In addition, the DOS Office shall ask the student to sign a release to contact their former institution (expulsion, dismissal or suspension), review court records, and/or review any further available information.

The DOS Office shall assess the implications of the reported incident(s), including:

  • When the conviction, suspension or dismissal occurred;
  • What the circumstances were surrounding the event;
  • Whether there is a single disclosure or a series of disclosures;
  • To the extent it is available, a summary of the event from police, court or disciplinary records;
  • And a description of the event from the student.

The DOS Office will work cooperatively with Housing & Residential Education, International Education, University Police and the Behavioral Intervention Team as needed to render a decision about the student’s participation. The DOS Office shall notify the student of the decision, in writing, within one month of the Policy 136 disclosure being made.

Factors that would (may) not preclude a student from participation:

  • If the suspension/dismissal was based on academic misconduct
  • If the behavior was limited to substance abuse and the student has completed treatment and can attest to their sobriety for at least a year
  • If the behavior was property damage or vandalism and all expectations of restoration were met in a timely fashion, and the student demonstrated an understanding of the impact of their behavior

Factors that could preclude a student from participation:

  • If they are currently on criminal probation, parole or extended probation
  • If the behavior was theft or fraud significant enough to have resulted in a felony conviction
  • If the behavior involved arson or criminal damage to property
  • If the behavior involved interpersonal violence or abuse, threat of violence or abuse, or was motivated by bias/hate
  • If the behavior involved sexual misconduct, harassment or stalking
  • If the student has ongoing and/or pending criminal activities since the date of the original disclosure
  • If the student does not demonstrate an understanding of their role in the incident that led to their separation or conviction
  • If the legal or conduct process from the previous institution is still in progress

The student shall have the right to appeal the decision of the DOS Office by submitting a written appeal to the Vice Chancellor for Inclusivity & Student Affairs (Housing) or the Provost/Vice Chancellor for Academic Affairs (Study Abroad*). The appeal should include additional information the student believes was not taken into consideration during the initial review process. The Vice Chancellor/Provost will review the student’s written appeal and the previous documentation in rendering a decision. A decision will be issued, in writing, within two weeks of the appeal being filed. The decision of the Vice Chancellor/Provost is final.

*Study Abroad is an academic program, thus appeals should be heard by the senior Academic Affairs officer.