The University of Wisconsin Oshkosh
Policy # [####]
Student Nondiscrimination Policy (GEN 4.B.18)
A. Statutory Language
36.12 Student discrimination prohibited.
B. Criteria 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 Oshkosh, through the Dean of Students Office, 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 VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, s. 101.223, Wis. Stats., s. 36.1` (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, University Legal Counsel shall be consulted.
C. Deadline for Filing Complaints
Complaints alleging a violation of s. 36.12, Wisconsin Statutes, must be filed with the Dean of Students Office within 300 calendar days of the alleged violation.
D. Procedures and Remedies
(1) The Dean of Students Office 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); 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 Dean of Students Office 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 Dean of Students Office shall process the complaint as provided below.
(3) Where the Dean of Students Office 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 Vice Chancellor for Student Affairs within 10 calendar days of the dismissal.
(4) Where the Dean of Students Office has retained jurisdiction over the complaint and determines after investigation that discrimination in violation of s. 36.12 has occurred, the Dean of Students Office may:
(a) Attempt to resolve the matter through mediation among the involved parties;
(b) Recommend remedial action to eliminate the discrimination to the appropriate administrators; 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 Dean of Students Office makes such a referral, the matter so referred shall then be reviewed and processed as provided under the appropriate applicable disciplinary procedure.
(5) The Dean of Students Office shall make every effort to complete its processing of a complaint within 30 calendar days of receipt (subject to possible extension up to a maximum of 90 calendar 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 Vice Chancellor for Student Affairs within 10 calendar days of the action. The review of the appeal conducted by the Vice Chancellor for Student Affairs shall result in the preparation of 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 on the record.