Issues that stem from non-academic work at UW Oshkosh are considered Non-Academic Misconduct. As a UW Oshkosh student, it is your responsibility to be informed about what constitutes non-academic misconduct, how to avoid it and what happens if you decide to engage in it.
Examples of non-academic misconduct include (but are not limited to):
- underage drinking
- illegal drugs
- disorderly conduct
- sexual misconduct
Understanding Your Rights
Complainant (Victim) Rights
- To file a report through University Police, the Dean of Students Office, Residence Life Staff, or other applicable law enforcement agency (NON-confidential reporting entities).
- To file a CONFIDENTIAL report with the Counseling Center or Campus Victim Advocate.
- To have all formal complaints investigated by the Dean of Students Office and other appropriate campus officials (i.e. University Police).
- To be updated regarding the status of the disciplinary case.
- To receive an explanation of the applicable charges against the respondent.
- To receive an explanation of the range of possible sanctions against the respondent, as outlined in the Student Discipline Code.
- To provide input regarding possible sanctions in regard to the respondent.
- To be free from harassment, intimidation, or retaliation from respondent(s) and others as you engage in this process.
- To provide testimony at a disciplinary hearing.
- To be accompanied or represented by an attorney (at the complainant’s own expense) or other advocate, throughout the disciplinary process as described in the applicable sections of Wisconsin Administrative Code Chapter 17.
- To have the same access to the proceedings as the respondent, including the ability to question witnesses.
- To be notified in writing, of the outcome of the disciplinary process, to the extent allowed under federal laws and University policies.
- To seek counseling services through the University Counseling Center and advocacy through the Campus Victim Advocate.
- To pursue criminal or civil charges where a legal case exists (without University assistance).
Respondent (Alleged) Rights
- To review the Code and these Procedures.
- To have an opportunity to speak with an Assistant Dean, not involved in the investigation, in order to respond to any questions and explain the process and procedures.
- To have written notice of the charges will be provided to the student within thirty (30) days of the report of misconduct being made, unless extenuating circumstances require a longer time period.
- To be presumed not responsible until proven otherwise for violating the Code.
- To respond to the information presented and to question witnesses, through a hearing committee or hearing examiner. Respondents in disciplinary proceedings are expected to answer questions concerning their conduct. Disciplinary proceedings are investigatory in nature and the person or body reviewing the case needs to engage the respondent in discussion and dialogue in order to reach a result. If the respondent refuses to answer questions, a decision will be made based upon the information presented. Students whose alleged misconduct may subject them to criminal proceedings should consult with their own legal counsel regarding their rights prior to their hearing.
- To request a hearing to contest an adverse decision and/or sanctions, as described in the applicable sections of Wisconsin Administrative Code Chapter 17.
- To appeal to the Chancellor in cases of suspension or expulsion, as described in the applicable sections of Wisconsin Administrative Code Chapter 17.
- To reasonable access to the respondent’s case file in the Dean of Students Office, which includes all information, to the extent permitted by confidentiality laws.
- To be accompanied or represented by an attorney (at the respondent’s own expense) or other advocate, throughout the disciplinary process as described in the applicable sections of Wisconsin Administrative Code Chapter 17.
- To seek counseling services through the campus Counseling Center to the extent reasonable and appropriate pursuant to the Counseling Center’s guidelines.
Residence Life Rights & Responsibilities
Student conduct matters that are initiated in the residence halls will work from the Community Rights and Responsibilities Handbook (and is a contractual matter). Student conduct matters initiated outside of the residence halls or its immediate property work from the Student Discipline Code.
The Department of Residence Life and the Dean of Students Office may address conduct that has occurred on campus, and off-campus conduct detrimental to the institution, including, but not limited to, University-related activities. All students should be familiar with both documents, as they contain important information, and a student conduct matter could be handled through both processes simultaneously