SECTION 2 INSTITUTIONAL USE

FACILITIES USE POLICY

PURPOSE AND SCHEDULING

PURPOSE. 

The University of Wisconsin-Stevens Point recognizes and establishes the primacy of academic programs and co-curricular activities in the use of institutional facilities.  Further, as part of its outreach and community service endeavors, the university will also provide its facilities for the use of residents of the state to the extent that the facilities are available and institutional resources permit.

To meet this goal, requests for the use of facilities are granted when facilities are available and when the requested use

• will not conflict nor interfere with curricular and co-curricular programs of the university;
• will not conflict nor interfere with the general welfare of students or other members of the university community; and
• is compatible with the function of the facility to be used.

NOTE.  The use of state facilities, including faculty and staff offices, for soliciting, receiving, or making political contributions by mail or in person is prohibited by law (11.36 Wis. Stats.).

SCHEDULING. 

Reservations for facilities may be made by referring to the Campus Space managers list.

PARKING FOR EVENTS

Conference and reservations personnel will assist planners of events in securing parking.  Visitors attending conferences, workshops, institutes, or similar activities or events scheduled through the conference and reservations office are assessed parking fees through either

• assignment to a coin-operated lot; or
• issuance of a temporary parking permit.

When a university department, unit, or office hosts an individual or small group, parking fees are assessed to the host organization and they must contact Parking Services to make appropriate arrangements.

AUTHORITY

Authority for and limitations on granting the use of university facilities to the public is in 16.845 Wis. Stats., chapter UWS 21 of the Administrative Code, and Regent policies.

Behavior on university lands is governed by Chapter UWS 18 of the Code (a copy is in Chapter 4D, Section 16 , of this Handbook).

STATUTORY AUTHORITY. 

Section 16.845 of the statutes provides for the use of state owned facilities:

Except as elsewhere expressly prohibited, the managing authority of any facility owned by the State may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities.  No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility.  The applicant for use shall be liable to the state for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use.  All such sums are to be into the general fund and to be credited to the appropriation for the operation of the facility used.  The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public.  Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days, or both.  This section applies only to those building, facilities and grounds for which a procedure for obtaining a permit has been established.

Definitions. 

Two definitions from this statute are pertinent to UWSP:

• facility includes buildings and any surrounding or connecting grounds; and
• managing authority means, among other definitions, the officer responsible for the management of a particular facility.

CHAPTER UWS 21. 

A copy of chapter UWS 21, Rules of the Board of Regents of the University of Wisconsin System, Wisconsin Administrative Code, is in Chapter 4D, Section 16 , of this Handbook.

Primary Use. 

Board policy establishes primacy of use of university facilities for fulfilling the university’s mission of teaching, research, and public service.

Groups Not Part of the University. 

If a university department or unit believes that the meetings or activities of a group not associated with the university will contribute to and serve the university’s purposes, the department/unit may sponsor the group’s use of university facilities.

FUND-RAISING

DEVELOPMENT OFFICE AUTHORIZATION

AUTHORIZATION REQUIRED. 

Any proposed fund-raising projects to solicit over $500 in funds or contributions of durable goods during a calendar year on behalf of the University or any of its components must have authorization from the Development Office before solicitation or negotiations to accept funds or contributions begins.

Applicability. 

This policy applies to any solicitation of funds or goods initiated by individuals employed by or affiliated with UWSP, campus and off-campus support groups, departments, units, alumni associations, student organizations, friends, booster clubs, or similar individuals or groups.

Rationale. 

The decline in general purpose revenue and the increase in institutional needs for external funding requires an efficient, broad-based network of funding prospects.  To be productive, seeking funding from external sources also requires the elimination of unnecessary duplication of solicitation efforts of the same donor.

PROJECT APPROVAL AND PRIORITY

DEPARTMENT/UNIT APPROVAL. 

When a fund-raising project is initiated, the project must have the approval of the department or unit and the appropriate dean or vice chancellor.  The provost and chancellor must approve projects for departments or units reporting directly to them.

Priorities. 

Any unit requesting special funding for projects must establish priorities for such projects.  The Development Office will not authorize solicitation without

• department/unit approval;
• administrative approval; and
• establishment of priorities for solicitation.

COSTS AND STAFF SUPPORT

DEVELOPMENT CAMPAIGN. 

In general, when the Development Office conducts a fund-raising campaign for a project, the material cost of the campaign is charged to the specific area for which the campaign is conducted.  This includes but is not limited to costs for:

• mailing and postage;
• supplies;
• clerical service and support;
• telephone charges; and
• printing.

Funding. 

Arrangements for funding major campaigns must be confirmed before the campaign actually begins.  An estimate of expenses will be available from the Development Office.

Staff and Departmental/Unit Liaisons. 

The Development Office employs personnel specifically to solicit private gifts for the University.  Colleges, departments, and units contemplating any external solicitation are encouraged to appoint an individual to serve as a liaison with Development Office personnel.

OPEN RECORDS LAW, SECTIONS 19.21-19.39, WIS. STATS. (1993-94) SUBCHAPTER II:  PUBLIC RECORDS AND PROPERTY

NOTE:  Although some formatting changes have been made, the following is a verbatim copy of the statute, except that historical and case citations have been omitted.

19.21 Custody and delivery of official property and records. 

1. Each and every officer of the state, or of any county, town, city, village, school district, or other municipality or district, is the legal custodian of and shall safely keep and preserve all property and things received from the officer’s predecessor or other persons and required by law to be filed, deposited, or kept in the officer’s office, or which are in the lawful possession or control of the officer or the officer’s deputies, or to the possession or control of which the officer or the officer’s deputies may be lawfully entitled, as such officers.
2. Upon the expiration of each such officer’s term of office, or whenever the office becomes vacant, the officer, or on the officer’s death the officer’s legal representative, shall on demand deliver to the officer’s successor all such property and things then in the officer’s custody, and the officer’s successor shall receipt therefor to said officer, who shall file said receipt, as the case may be, in the office of the secretary of state, county clerk, town clerk, city clerk, village clerk, school district clerk, or clerk or other secretarial officer of the municipality or district, respectively; but if a vacancy occurs before such successor is qualified, such property and things shall be delivered to and be receipted for by such secretary or clerk, respectively, on behalf of the successor, to be delivered to such successor upon the latter’s receipt.
3. Any person who violates this section shall, in addition to any other liability or penalty, civil or criminal, forfeit not less than $25 nor more than $2,000; such forfeiture to be enforced by a civil action on behalf of, and the proceeds to be paid into the treasury of the state, municipality, or district, as the case may be.
4.  

1. Any city council, village board or town board may provide by ordinance for the destruction of obsolete public records.  Prior to the destruction at least 60 days’ notice in writing of such destruction shall be given the historical society which shall preserve any such records it determines to be of historical interest. The historical society may, upon application, waive such notice.  No assessment roll containing forest crop acreage may be destroyed without prior approval of the secretary of revenue.  This paragraph does not apply to school records of a 1st class city school district.
2. The period of time any town, city or village public record is kept before destruction shall be as prescribed by ordinance unless a specific period of time is provided by statute.  The period prescribed in the ordinance may not be less than 2 years with respect to water stubs, receipts of current billings and customer’s ledgers of any municipal utility, and 7 years for other records unless a shorter period has been fixed by the public records board under s. 16.61 (3) (e) and except as provided under sub. (7).  This paragraph does not apply to school records of a 1st class city school district.
3. Any local governmental unit or agency may provide for the keeping and preservation of public records kept by that governmental unit through the use of microfilm or another reproductive device, optical imaging or electronic formatting.  A local governmental unit or agency shall make such provision by ordinance or resolution.  Any such action by a subunit of a local governmental unit or agency shall be in conformity with the action of the unit or agency of which it is a part.  Any photographic reproduction of a record authorized to be reproduced under this paragraph is deemed an original record for all purposes if it meets the applicable standards established in ss. 16.61 (7) and 16.612.  This paragraph does not apply to public records kept by counties electing to be governed by ch. 228.

(cm) Paragraph (c) does not apply to court records kept by a clerk of circuit court and subject to SCR chapter 72.

5.  

1. Any county having a population of 500,000 or more may provide by ordinance for the destruction of obsolete public records, except for court records subject to SCR chapter 72.
2. Any county having a population of less than 500,000 may provide by ordinance for the destruction of obsolete public records, subject to s. 59.52 (4) (b) and (c), except for court records governed by SCR chapter 72.
3. The period of time any public record shall be kept before destruction shall be determined by ordinance except that in all counties the specific period of time expressed within s. 7.23 or 59.52 (4) (a) or any other law requiring a specific retention period shall apply.  The period of time prescribed in the ordinance for the destruction of all records not governed by s. 7.23 or 59.52 (4) (a) or any other law prescribing a specific retention period may not be less than 7 years, unless a shorter period is fixed by the public records board under s. 16.61 (3) (e).
4.  

1. Except as provided in subd. 2., prior to any destruction of records under this subsection, except those specified within s. 59.52 (4) (a), at least 60 days’ notice of such destruction shall be given in writing, to the historical society, which may preserve any records it determines to be of historical interest.  Notice is not required for any records for which destruction has previously been approved by the historical society or in which the society has indicated that it has no interest for historical purposes.  Records which have a confidential character while in the possession of the original custodian shall retain such confidential character after transfer to the historical society unless the director of the historical society, with the concurrence of the original custodian, determines that such records shall be made accessible to the public under such proper and reasonable rules as the historical society promulgates.
2. Subdivision 1. does not apply to patient health care records, as defined in s. 146.81 (4), that are in the custody or control of a local health department, as defined in s. 250.01 (4).

5. The county board of any county may provide, by ordinance, a program for the keeping, preservation, retention and disposition of public records including the establishment of a committee on public records and may institute a records management service for the county and may appropriate funds to accomplish such purposes.
6. District attorney records are state records and are subject to s. 978.07.

6. A school district may provide for the destruction of obsolete school records.  Prior to any such destruction, at least 60 days’ notice in writing of such destruction shall be given to the historical society, which shall preserve any records it determines to be of historical interest.  The historical society may, upon application, waive the notice.  The period of time a school district record shall be kept before destruction shall be not less than 7 years, unless a shorter period is fixed by the public records board under s. 16.61 (3) (e) and except as provided under sub. (7). This section does not apply to pupil records under s. 118.125.
7. Notwithstanding any minimum period of time for retention set under s. 16.61 (3) (e), any taped recording of a meeting, as defined in s. 19.82 (2), by any governmental body, as defined under s. 19.82 (1), of a city, village, town or school district may be destroyed no sooner than 90 days after the minutes have been approved and published if the purpose of the recording was to make minutes of the meeting.
8. Any metropolitan sewerage commission created under ss. 66.88 to 66.918 may provide for the destruction of obsolete commission records.  No record of the metropolitan sewerage district may be destroyed except by action of the commission specifically authorizing the destruction of that record.  Prior to any destruction of records under this subsection, the commission shall give at least 60 days’ prior notice of the proposed destruction to the state historical society, which may preserve records it determines to be of historical interest.  Upon the application of the commission, the state historical society may waive this notice.  Except as provided under sub. (7), the commission may only destroy a record under this subsection after 7 years elapse from the date of the record’s creation, unless a shorter period is fixed by the public records board under s. 16.61 (3) (e).

19.22 Proceedings to compel the delivery of official property. 

1. If any public officer refuses or neglects to deliver to his or her successor any official property or things as required in s. 19.21, or if the property or things shall come to the hands of any other person who refuses or neglects, on demand, to deliver them to the successor in the office, the successor may make complaint to any circuit judge for the county where the person refusing or neglecting resides.  If the judge is satisfied by the oath of the complainant and other testimony as may be offered that the property or things are withheld, the judge shall grant an order directing the person so refusing to show cause, within some short and reasonable time, why the person should not be compelled to deliver the property or things.
2. At the time appointed, or at any other time to which the matter may be adjourned, upon due proof of service of the order issued under sub. (1), if the person complained against makes affidavit before the judge that the person has delivered to the person’s successor all of the official property and things in the person’s custody or possession pertaining to the office, within the person’s knowledge, the person complained against shall be discharged and all further proceedings in the matter before the judge shall cease.
3. If the person complained against does not make such affidavit the matter shall proceed as follows:

1. The judge shall inquire further into the matters set forth in the complaint, and if it appears that any such property or things are withheld by the person complained against the judge shall by warrant commit the person complained against to the county jail, there to remain until the delivery of such property and things to the complainant or until the person complained against be otherwise discharged according to law.
2. If required by the complainant the judge shall also issue a warrant, directed to the sheriff or any constable of the county, commanding the sheriff or constable in the daytime to search such places as shall be designated in such warrant for such official property and things as were in the custody of the officer whose term of office expired or whose office became vacant, or of which the officer was the legal custodian, and seize and bring them before the judge issuing such warrant.
3. When any such property or things are brought before the judge by virtue of such warrant, the judge shall inquire whether the same pertain to such office, and if it thereupon appears that the property or things pertain thereto the judge shall order the delivery of the property or things to the complainant.

19.23 Transfer of records or materials to historical society. 

1. Any public records, in any state office, that are not required for current use may, in the discretion of the public records board, be transferred into the custody of the historical society, as provided in s. 16.61. 
2. The proper officer of any county, city, village, town, school district or other local governmental unit, may under s. 44.09 (1) offer title and transfer custody to the historical society of any records deemed by the society to be of permanent historical importance.
3. The proper officer of any court may, on order of the judge of that court, transfer to the historical society title to such court records as have been photographed or microphotographed or which have been on file for at least 75 years, and which are deemed by the society to be of permanent historical value.
4. Any other articles or materials which are of historic value and are not required for current use may, in the discretion of the department or agency where such articles or materials are located, be transferred into the custody of the historical society as trustee for the state, and shall thereupon become part of the permanent collections of said society.

19.24 Refusal to deliver money, etc., to successor. 

Any public officer whatever, in this state, who shall, at the expiration of the officer’s term of office, refuse or willfully [sic] neglect to deliver, on demand, to the officer’s successor in office, after such successor shall have been duly qualified and be entitled to said office according to law, all moneys, records, books, papers or other property belonging to the office and in the officer’s hands or under the officer’s control by virtue thereof, shall be imprisoned not more than 6 months or fined not more than $100.

19.25 State officers may require searches, etc., without fees. 

The secretary of state, treasurer and attorney general, respectively, are authorized to require searches in the respective offices of each other and in the offices of the clerk of the supreme court, of the court of appeals, of the circuit courts, of the registers of deeds for any papers, records or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof and extracts therefrom without the payment of any fee or charge whatever.

19.31 Declaration of policy. 

In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.  Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility it is to provide such information.  To that end, ss. 19.32 to 19.37 shall be construed in every instance with a presumption of complete public access, consistent with the conduct of governmental business.  The denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied.

19.32 Definitions. 

As used in ss. 19.33 to 19.39:

1. “Authority” means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; any public purpose corporation, as defined in s. 181.79 (1); any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing.

(1c) “Incarcerated person” means a person who is incarcerated in a penal facility or who is placed on probation and given confinement under s. 973.09 (4) as a condition of placement, during the period of confinement for which the person has been sentenced.

(1e) “Penal facility” means a state prison under s. 302.01, county jail, county house of correction or other state, county or municipal correctional or detention facility.

(1m) “Person authorized by the individual” means the parent, guardian, as defined in s. 48.02 (8), or legal custodian, as defined in s. 48.02 (11), of a child, as defined in s. 48.02 (2), the guardian, as defined in s. 880.01 (3), of an individual adjudged incompetent, as defined in s. 880.01 (4), the personal representative or spouse of an individual who is deceased or any person authorized, in writing, by the individual to exercise the rights granted under this section.

(1r) “Personally identifiable information” has the meaning specified in s. 19.62 (5).

2. “Record” means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.  “Record” includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks.  “Record” does not include drafts, notes, preliminary computations and like materials prepared for the originator’s personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
3. “Requester” means any person who requests inspection or copies of a record, except an incarcerated person, unless the person requests inspection or copies of a record that contains specific references to that person or his or her minor children for whom he or she has not been denied physical placement under ch. 767, and the record is otherwise accessible to the person by law.
   1994).

19.33 Legal custodians. 

1. An elected official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian.
2. The chairperson of a committee of elected officials, or the designee of the chairperson, is the legal custodian of the records of the committee.
3. The co-chairpersons of a joint committee of elected officials, or the designee of the co-chairpersons, are the legal custodians of the records of the joint committee.
4. Every authority not specified in subs. (1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties under this subchapter.  In the absence of a designation the authority’s highest ranking officer and the chief administrative officer, if any, are the legal custodians for the authority.  The legal custodian shall be vested by the authority with full legal power to render decisions and carry out the duties of the authority under this subchapter.  Each authority shall provide the name of the legal custodian and a description of the nature of his or her duties under this subchapter to all employees of the authority entrusted with records subject to the legal custodian’s supervision.
5. Notwithstanding sub. (4), if an authority specified in sub. (4) or the members of such an authority are appointed by another authority, the appointing authority may designate a legal custodian for records of the authority or members of the authority appointed by the appointing authority, except that if such an authority is attached for administrative purposes to another authority, the authority performing administrative duties shall designate the legal custodian for the authority for whom administrative duties are performed.
6. The legal custodian of records maintained in a publicly owned or leased building or the authority appointing the legal custodian shall designate one or more deputies to act as legal custodian of such records in his or her absence or as otherwise required to respond to requests as provided in s. 19.35 (4).  This subsection does not apply to members of the legislature or to members of any local governmental body.
7. The designation of a legal custodian does not affect the powers and duties of an authority under this subchapter.
8. No elected official of a legislative body has a duty to act as or designate a legal custodian under sub. (4) for the records of any committee of the body unless the official is the highest ranking officer or chief administrative officer of the committee or is designated the legal custodian of the committee’s records by rule or by law.

19.34 Procedural information. 

1. Each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian under s. 19.33 from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof.  This subsection does not apply to members of the legislature or to members of any local governmental body.
2.  

1. Each authority which maintains regular office hours at the location where records in the custody of the authority are kept shall permit access to the records of the authority at all times during those office hours, unless otherwise specifically authorized by law.
2. Each authority which does not maintain regular office hours at the location where records in the custody of the authority are kept shall:

1. Permit access to its records upon at least 48 hours’ written or oral notice of intent to inspect or copy a record; or
2. Establish a period of at least 2 consecutive hours per week during which access to the records of the authority is permitted.  In such case, the authority may require 24 hours’ advance written or oral notice of intent to inspect or copy a record.

3. An authority imposing a notice requirement under par. (b) shall include a statement of the requirement in its notice under sub. (1), if the authority is required to adopt a notice under that subsection.
4. If a record of an authority is occasionally taken to a location other than the location where records of the authority are regularly kept, and the record may be inspected at the place at which records of the authority are regularly kept upon one business days’ notice, the authority or legal custodian of the record need not provide access to the record at the occasional location.

19.35 Access to records; fees. 

1. Right to inspection. (a)  Except as otherwise provided by law, any requester has a right to inspect any record.  Substantive common law principles construing the right to inspect, copy or receive copies of records shall remain in effect.  The exemptions to the requirement of a governmental body to meet in open session under s. 19.85 are indicative of public policy, but may be used as grounds for denying public access to a record only if the authority or legal custodian under s. 19.33 makes a specific demonstration that there is a need to restrict public access at the time that the request to inspect or copy the record is made.

(am) In addition to any right under par. (a), any requester who is an individual or person authorized by the individual, has a right to inspect any record containing personally identifiable information pertaining to the individual that is maintained by an authority and to make or receive a copy of any such information.  The right to inspect or copy a record under this paragraph does not apply to any of the following:

1. Any record containing personally identifiable information that is collected or maintained in connection with a complaint, investigation or other circumstances that may lead to an enforcement action, administrative proceeding, arbitration proceeding or court proceeding, or any such record that is collected or maintained in connection with such an action or proceeding.
2. Any record containing personally identifiable information that, if disclosed, would do any of the following:

1. Endanger an individual’s life or safety.
2. Identify a confidential informant.
3. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.
4. Compromise the rehabilitation of a person in the custody of the department of corrections or detained in a jail or facility identified in subd. 2. c.

3. Any record that is part of a records series, as defined in s. 19.62 (7), that is not indexed, arranged or automated in a way that the record can be retrieved by the authority maintaining the records series by use of an individual’s name, address or other identifier.

2. Except as otherwise provided by law, any requester has a right to inspect a record and to make or receive a copy of a record which appears in written form.  If a requester appears personally to request a copy of a record, the authority having custody of the record may, at its option, permit the requester to photocopy the record or provide the requester with a copy substantially as readable as the original.
3. Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a comprehensible audio tape recording a copy of the tape recording substantially as audible as the original.  The authority may instead provide a transcript of the recording to the requester if he or she requests.
4. Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a video tape recording a copy of the tape recording substantially as good as the original.
5. Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is not in a readily comprehensible form a copy of the information contained in the record assembled and reduced to written form on paper.

(em)  If an authority receives a request to inspect or copy a record that is in handwritten form or a record that is in the form of a voice recording which the authority is required to withhold or from which the authority is required to delete information under s. 19.36 (8) (b) because the handwriting or the recorded voice would identify an informant, the authority shall provide to the requester, upon his or her request, a transcript of the record or the information contained in the record if the record or information is otherwise subject to public inspection and copying under this subsection.

6. Except as otherwise provided by law, any requester has a right to inspect any record not specified in pars. (b) to (e) the form of which does not permit copying.  If a requester requests permission to photograph the record, the authority having custody of the record may permit the requester to photograph the record.  If a requester requests that a photograph of the record be provided, the authority shall provide a good quality photograph of the record.
7. Paragraphs (a) to (c), (e) and (f) do not apply to a record which has been or will be promptly published with copies offered for sale or distribution.
8. A request under pars. (a) to (f) is deemed sufficient if it reasonably describes the requested record or the information requested.  However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request.  A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under s. 19.37.
9. Except as authorized under this paragraph, no request under pars. (a) and (b) to (f) may be refused because the person making the request is unwilling to be identified or to state the purpose of the request.  Except as authorized under this paragraph, no request under pars. (a) to (f) may be refused because the request is received by mail, unless prepayment of a fee is required under sub. (3) (f).  A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
10. Notwithstanding pars. (a) to (f), a requester shall comply with any regulations or restrictions upon access to or use of information which are specifically prescribed by law.
11. Notwithstanding pars. (a), (am), (b) and (f), a legal custodian may impose reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
12. Except as necessary to comply with pars. (c) to (e) or s. 19.36 (6), this subsection does not require an authority to create a new record by extracting information from existing records and compiling the information in a new format.

2. Facilities.  The authority shall provide any person who is authorized to inspect or copy a record under sub. (1) (a), (am), (b) or (f) with facilities comparable to those used by its employees to inspect, copy and abstract the record during established office hours.  An authority is not required by this subsection to purchase or lease photocopying, duplicating, photographic or other equipment or to provide a separate room for the inspection, copying or abstracting of records.
3. Fees. 

1. An authority may impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction and transcription of the record, unless a fee is otherwise specifically established or authorized to be established by law.
2. Except as otherwise provided by law or as authorized to be prescribed by law an authority may impose a fee upon the requester of a copy of a record that does not exceed the actual, necessary and direct cost of photographing and photographic processing if the authority provides a photograph of a record, the form of which does not permit copying.
3. Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.
4. An authority may impose a fee upon a requester for the actual, necessary and direct cost of mailing or shipping of any copy or photograph of a record which is mailed or shipped to the requester.
5. An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.
6. An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5.

4. Time for compliance and procedures.

1. Each authority, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority’s determination to deny the request in whole or in part and the reasons therefor.
2. If a request is made orally, the authority may deny the request orally unless a demand for a written statement of the reasons denying the request is made by the requester within 5 business days of the oral denial.  If an authority denies a written request in whole or in part, the requester shall receive from the authority a written statement of the reasons for denying the written request.  Every written denial of a request by an authority shall inform the requester that if the request for the record was made in writing, then the determination is subject to review by mandamus under s. 19.37 (1) or upon application to the attorney general or a district attorney.
3. If an authority receives a request under sub. (1) (a) or (am) from an individual or person authorized by the individual who identifies himself or herself and states that the purpose of the request is to inspect or copy a record containing personally identifiable information pertaining to the individual that is maintained by the authority, the authority shall deny or grant the request in accordance with the following procedure:

1. The authority shall first determine if the requester has a right to inspect or copy the record under sub. (1) (a).
2. If the authority determines that the requester has a right to inspect or copy the record under sub. (1) (a), the authority shall grant the request.
3. If the authority determines that the requester does not have a right to inspect or copy the record under sub. (1) (a), the authority shall then determine if the requester has a right to inspect or copy the record under sub. (1) (am) and grant or deny the request accordingly.

5. Record destruction.  No authority may destroy any record at any time after the receipt of a request for inspection or copying of the record under sub. (1) until after the request is granted or until at least 60 days after the date that the request is denied or, if the requester is an incarcerated person, until at least 90 days after the date that the request is denied.  If an authority receives written notice that an action relating to a record has been commenced under s. 19.37, the record may not be destroyed until after the order of the court in relation to such record is issued and the deadline for appealing that order has passed, or, if appealed, until after the order of the court hearing the appeal is issued.  If the court orders the production of any record and the order is not appealed, the record may not be destroyed until after the request for inspection or copying is granted.
6. Elected official responsibilities.  No elected official is responsible for the record of any other elected official unless he or she has possession of the record of that other official.

19.36 Limitations upon access and withholding. 

1. Application of other laws. Any record which is specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law is exempt from disclosure under s. 19.35 (1), except that any portion of that record which contains public information is open to public inspection as provided in sub. (6).
2. Law enforcement records.  Except as otherwise provided by law, whenever federal law or regulations require or as a condition to receipt of aids by this state require that any record relating to investigative information obtained for law enforcement purposes be withheld from public access, then that information is exempt from disclosure under s. 19.35 (1).
3. Contractors’ records.  Each authority shall make available for inspection and copying under s. 19.35 (1) any record produced or collected under a contract entered into by the authority with a person other than an authority to the same extent as if the record were maintained by the authority.  This subsection does not apply to the inspection or copying of a record under s. 19.35 (1) (am).
4. Computer programs and data.  A computer program, as defined in s. 16.971 (4) (c), is not subject to examination or copying under s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in s. 19.35 or this section.
5. Trade secrets.  An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90 (1) (c).
6. Separation of information.  If a record contains information that is subject to disclosure under s. 19.35 (1) (a) or (am) and information that is not subject to such disclosure, the authority having custody of the record shall provide the information that is subject to disclosure and delete the information that is not subject to disclosure from the record before release.
7. Identities of applicants for public positions. 

1. In this section, “final candidate” means each applicant for a position who is seriously considered for appointment or whose name is certified for appointment and whose name is submitted for final consideration to an authority for appointment to any state position, except a position in the classified service, or to any local public office, as defined in s. 19.42 (7w).  “Final candidate” includes, whenever there are at least 5 candidates for an office or position, each of the 5 candidates who are considered most qualified for the office or position by an authority, and whenever there are less than 5 candidates for an office or position, each such candidate.  Whenever an appointment is to be made from a group of more than 5 candidates, “final candidate” also includes each candidate in the group.
2. Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity.  Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant.

8. Identities of law enforcement informants. 

1. In this subsection:

1. “Informant” means an individual who requests confidentiality from a law enforcement agency in conjunction with providing information to that agency or, pursuant to an express promise of confidentiality by a law enforcement agency or under circumstances in which a promise of confidentiality would reasonably be implied, provides information to a law enforcement agency or, is working with a law enforcement agency to obtain information, related in any case to any of the following:

1. Another person who the individual or the law enforcement agency suspects has violated, is violating or will violate a federal law, a law of any state or an ordinance of any local government.
2. Past, present or future activities that the individual or law enforcement agency believes may violate a federal law, a law of any state or an ordinance of any local government.

2. “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), and includes the department of corrections.

2. If an authority that is a law enforcement agency receives a request to inspect or copy a record or portion of a record under s. 19.35 (1) (a) that contains specific information including but not limited to a name, address, telephone number, voice recording or handwriting sample which, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record unless the legal custodian of the record, designated under s. 19.33, makes a determination, at the time that the request is made, that the public interest in allowing a person to inspect, copy or receive a copy of such identifying information outweighs the harm done to the public interest by providing such access.

9. Records of plans or specifications for state buildings.  Records containing plans or specifications for any state-owned or state-leased building, structure or facility or any proposed state-owned or state-leased building, structure or facility are not subject to the right of inspection or copying under s. 19.35 (1) except as the department of administration otherwise provides by rule.

Rights of data subject to challenge; authority corrections. 

1. Except as provided under sub. (2), an individual or person authorized by the individual may challenge the accuracy of a record containing personally identifiable information pertaining to the individual that is maintained by an authority if the individual is authorized to inspect the record under s. 19.35 (1) (a) or (am) and the individual notifies the authority, in writing, of the challenge.  After receiving the notice, the authority shall do one of the following:

1. Concur with the challenge and correct the information.
2. Deny the challenge, notify the individual or person authorized by the individual of the denial and allow the individual or person authorized by the individual to file a concise statement setting forth the reasons for the individual’s disagreement with the disputed portion of the record.  A state authority that denies a challenge shall also notify the individual or person authorized by the individual of the reasons for the denial.

2. This section does not apply to any of the following records:

1. Any record transferred to an archival depository under s. 16.61 (13).
2. Any record pertaining to an individual if a specific state statute or federal law governs challenges to the accuracy of the record.

Enforcement and penalties. 

1. Mandamus. If an authority withholds a record or a part of a record or delays granting access to a record or part of a record after a written request for disclosure is made, the requester may pursue either, or both, of the alternatives under pars. (a) and (b).

1. The requester may bring an action for mandamus asking a court to order release of the record.  The court may permit the parties or their attorneys to have access to the requested record under restrictions or protective orders as the court deems appropriate.
2. The requester may, in writing, request the district attorney of the county where the record is found, or request the attorney general, to bring an action for mandamus asking a court to order release of the record to the requester.  The district attorney or attorney general may bring such an action.

(1m) Time for commencing action. No action for mandamus under sub. (1) to challenge the denial of a request for access to a record or part of a record may be commenced by any incarcerated person later than 90 days after the date that the request is denied by the authority having custody of the record or part of the record.

(1n) Notice of claim. Sections 893.80 and 893.82 do not apply to actions commenced under this section.

2. Costs, fees and damages. 

1. Except as provided in this paragraph, the court shall award reasonable attorney fees, damages of not less than $100, and other actual costs to the requester if the requester prevails in whole or in substantial part in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (a).  If the requester is an incarcerated person, the requester is not entitled to any minimum amount of damages, but the court may award damages.  Costs and fees shall be paid by the authority affected or the unit of government of which it is a part, or by the unit of government by which the legal custodian under s. 19.33 is employed and may not become a personal liability of any public official.
2. In any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (am), if the court finds that the authority acted in a willful or intentional manner, the court shall award the individual actual damages sustained by the individual as a consequence of the failure.

3. Punitive damages.  If a court finds that an authority or legal custodian under s. 19.33 has arbitrarily and capriciously denied or delayed response to a request or charged excessive fees, the court may award punitive damages to the requester.
4. Penalty.  Any authority which or legal custodian under s. 19.33 who arbitrarily and capriciously denies or delays response to a request or charges excessive fees may be required to forfeit not more than $1,000.  Forfeitures under this section shall be enforced by action on behalf of the state by the attorney general or by the district attorney of any county where a violation occurs.  In actions brought by the attorney general, the court shall award any forfeiture recovered together with reasonable costs to the state; and in actions brought by the district attorney, the court shall award any forfeiture recovered together with reasonable costs to the county.

19.39 Interpretation by attorney general. 

Any person may request advice from the attorney general as to the applicability of this subchapter under any circumstances.  The attorney general may respond to such a request.

WISLAW: 1993-94 WISCONSIN STATUTES UPDATED THROUGH 95 WIS. ACT 226.

PARKING REGULATIONS

July, 1996

NOTE.  These regulations appear basically in the format under which they are maintained and distributed by General Services.  Some minor changes in formatting and capitalization have been made to conform stylistically to the remainder of the Handbook.

I.  AUTHORITY, LIABILITY AND JURISDICTION

SECTION A: Authority

Authorization for parking regulations, which have been approved by the chancellor of the university, is derived from Chapter 36 of the Wisconsin Statutes and Chapter 18 of the State Administrative Code.  Provisions of Chapter 346 of the Wisconsin Statutes relating to vehicular travel upon the highway open to the use of the public are also applicable to the University of Wisconsin-Stevens Point. 

SECTION B: Liability

The University of Wisconsin-Stevens Point assumes no responsibility for damage to any vehicle, or its contents, that is operated or parked on University owned or controlled property. 

SECTION C: Jurisdiction

University of Wisconsin-Stevens Point regulates parking on all property owned or controlled by the University. City streets that are within the boundaries of the university are under the jurisdiction of the Stevens Point Police Department and all city rules and regulations applying to the city streets will be enforced by the referenced agency.

 

II.  PARKING RULES AND REGULATIONS

Information regarding parking restrictions, permit sales, parking lot designations, and fines and fee schedules are available on the UWSP Parking Services website. Any changes to parking permit fees and regulations will be subject to approval by appropriate university shared governance.

III.  PARKING ANNUAL REPORT

The Parking Services director will annually create and distribute a report including revenues, expenses, and capital projects.

IV.  PARKING APPEALS COMMITTEE

SECTION A:

Membership of the Parking Appeals Committee shall be determined by the following guidelines:

• A member of the faculty and a member of academic staff shall be appointed by the Executive Committee of Common Council. One of the members shall be appointed to a term running from January 1 to December 31 and the other member shall be appointed to a term running from August 1 to July 31.
• The committee shall have two (2) university staff members. One of the members shall be non-represented and shall be appointed by the Chair of University Staff Council.
• The president of the Student Government Association shall appoint two (2) student members. One member shall represent off-campus students while the other will represent resident students. The terms of their office shall be from August 1 to July 31.
• One member shall be appointed by the vice chancellor for business affairs and shall serve a two (2) year term beginning August 1 of odd numbered years.
• No member of the Parking Appeals Committee may serve more than two (2) consecutive terms.

SECTION B:

The Parking Appeals Committee shall establish its own procedural rules within the following guidelines:

• The committee shall elect its own chairperson from among its members. The chairperson will have voting privileges.
• A quorum shall consist of a majority of the committee except during the period from the last day of the spring semester to the day preceding the first day of classes of the fall semester during which a quorum shall consist of those members present.
• Appeals shall be reviewed, and decisions made, based on the information provided by the appellant and information provided by Parking Services.
• Parking Services will provide secretarial and staff support to the Appeal Committee.
• Decision of the Appeal Committee will be provided to the appellant in writing. Should the appeal be denied the appellant has the right to appeal the decision in writing to the Director of Police and Security Services and Parking within 10 days of notification of the initial appeal.
• All appeals will end with the Vice Chancellor of Business Affairs, and his/her decision will be final.The times and place of the Parking Appeals Committee meetings will be communicated and publicized during the first month of each semester

 

FACILITIES PLANNING AND SPACE ALLOCATION POLICIES

INTRODUCTION

Space is a total university resource and must be utilized to support all aspects of the university mission.  The wise allocation of this resource is essential to the university’s commitment to quality education.

SPACE ALLOCATION DECISIONS

MODIFIED DECENTRALIZED MODEL. 

The university uses a modified decentralized space allocation model.  This model captures the best aspects of both the centralized and the decentralized models.

DECISION AUTHORITY. 

Authority for space allocation decisions, which shall be made according to these procedures and guidelines, is delegated according to the location of the space.

Academic Buildings. 

Deans have authority over space in academic buildings–

• dean, Professional Studies:  CPS, Champions Hall academic space, and Science (west wing);
• dean, Natural Resources:  CNR, Paper Science and Chemical Engineering, and Field Stations;
• dean, Letters and Science:  CCC, Science (all but the west wing), and Chemistry Biology Building;
• dean, Fine Arts and Communication:  Fine Arts Center and Communication Arts Center; and
• dean, University College:  ALB.

Deans sharing spaces shall consult and cooperate on space allocation.

Residential Complex. 

The vice chancellor for student affairs has authority over South Hall, residence halls, and centers.

GPR Buildings. 

The vice chancellor for business affairs has authority for space decisions for GPR administrative buildings (Delzell, George Stien, Main, Maintenance and Materiel, Nelson Hall, and Park Student Services Center).

SPACE REQUESTS. 

Initial Request. 

Requests for space from a department or unit shall be submitted to the administrator responsible for the department/unit.  If the administrator cannot satisfy the department/unit’s need for space, the administrator shall consult with other deans or vice chancellors for possible available space.

Request to Other Area(s). 

Following consultation, the request shall be submitted to the administrator responsible for the desired space.

Committee Action. 

Initial Consideration. 

The committee shall consider the request for its recommendations and shall include in its deliberations:

• consideration of the space utilization guidelines;
• data from the audit program; and
• information provided by the individuals who have requested the review.

Recommendations. 

Recommendations from the committee shall be sent to the individual who sent the request to the committee for reactions.  Reactions will be reported by the chair at the next meeting of the committee.  Thereafter, the committee will forward its recommendations to the chancellor for a final decision.

Relocation. 

When programs, departments, or units are asked to relocate as the result of space allocation decisions, a reasonable amount of time shall be given to plan for and accomplish the move.

SPACE UTILIZATION PRIORITIES

ACADEMIC BUILDINGS. 

Standard Facilities

(Professional Studies, Collins Classroom Center, Science, Natural Resources, Communication Arts Center, and Fine Arts Center).  Priorities in these academic buildings, and within each priority, shall be given to:

Classrooms.

1. Instruction (credit producing).

1. Department office in same building.
2. Overflow instruction in next closest building to department office.

2. Academic department meetings.
3. Student activities.
4. Outside University needs approved by Conference and Reservations.

Laboratories.

1. Instruction (credit producing; scheduled and nonscheduled).

1. Department located in same building.
2. Overflow instruction in next closest building to department office.

2. Faculty research.
3. University service units.
4. Agencies cosponsored by the university.

Offices.

1. Instruction

1. Dean’s office.
2. Department office.
3. Faculty and teaching academic staff office (8 credits to full-time, private office).
4. Academic staff office (1-7 credits, bull pen arrangement).
5. University support staff office.
6. Work space for funded full-time graduate students.

2. Emeritus faculty and academic staff.
3. Student organizations (full-time private office if necessary to perform service, bull pen if not).
4. Activities cosponsored by the university.

Special Facilities. 

Albertson Hall.

1. Library services (e.g., acquisition, instruction, reference).
2. Other Academic Support Programs service units (Academic and Career Advising Center (ACAC), Center for Inclusive Teaching and Learning (CITL), Disability and Assistive Technology (DATC), Office of International Education (OIE), and Tutoring-Learning Center (TLC).
3. Museum.
4. Instruction.

Champions Hall. 

1. Academic instruction.
2. Intercollegiate activities.
3. Intramurals.
4. Other student activities.
5. Activities cosponsored by the university.

UNIVERSITY CENTER.

1. University Center administration and operations.
2. Campus Activities offices.
3. Student Government Association offices.
4. Student organizations.

DELZELL HALL.

1. GPR student services functions under Student Development.
2. PR student services functions under Student Development.
3. Other GPR student services functions.

PARK STUDENT SERVICES CENTER

(chief student services building).

1. Student services offices.
2. Administrative offices.
3. Student activities.
4. Activities cosponsored by the university.

OLD MAIN

(chief administrative building).

1. Office use (except Founders’ Room)

1. Chancellor and immediate staff.
2. Provost and immediate support staff.
3. Vice Chancellors and immediate support staff.
4. Other university departments needing direct liaison with the Chancellor, Provost, or Vice Chancellors

2. Founders’ Room:  meetings, instruction, receptions, etc.

NELSON HALL

 (GPR; university service building).

1. Administrative offices associated with functions in Old Main.
2. Academic related programs.
3. Student services.
4. Student activities.
5. Activities cosponsored by the university.

SOUTH HALL

(PR).

1. University units and organizations.
2. Activities cosponsored by the university.

GEORGE STIEN BUILDING.

1. Business Affairs functions.
2. Physical Plant functions under Student Development.

MAINTENANCE AND MATERIEL BUILDING. 

1. Physical Plant functions under Business Affairs.
2. General Services functions under Business Affairs.
3. Physical Plant functions under Student Development.
4. Physical Plant functions under academic departments.

STORAGE:  ALL BUILDINGS.

1. Building occupants.
2. Other university departments and units.

MAJOR/MINOR PROJECTS PLANNING PROCEDURES

PROJECT PROPOSALS. 

A major or minor project may be recommended by an individual or a department/unit.  The proposal is then forwarded successively to the

• department or unit administrator (department chairperson, associate dean, director, etc.);
• appropriate dean or assistant vice chancellor or vice chancellor;

In Academic Affairs, requests are next sent to the council of deans and then the provost.

CHANCELLOR’S ACTION. 

The completed institutional priority list is forwarded to the chancellor, whose decision on major and minor priority lists is final.

CRITERIA. 

Among the criteria used for priority setting, each review level shall consider

• the university’s mission;
• academic or service needs;
• need for change in order to be in a leadership mode of operation (e.g., computerization); and
• what cannot be funded out of other allocations (e.g., lab modernization, health, safety and environment).

TRANSPORTATION SERVICES POLICIES

VEHICLES AND RATES

For available vehicles and rates, please see the Transportation Services website.

RESERVATIONS AND VEHICLE PICK-UP/RETURN

RESERVATIONS. 

Vehicles may be reserved during normal business hours at Transportation Services, George Stien Building, 1925 Maria Drive, or by telephone at extension 2884.

PACKET AND VEHICLE PICK-UP. 

Vehicles may be picked up or returned 24 hours a day, seven days a week.  During normal business hours, users pick up vehicle packets at Transportation Services and vehicles from the appropriate numbered space in the Maintenance and Materiel Building parking lot across the street from the George Stien Building.

After Hours. 

After hours and on weekends, packets are available at the Police and Security Services Office, also in the George Stien Building.

PACKET AND VEHICLE RETURN. 

Vehicles are returned to the appropriate numbered parking space; packets are returned in the slot in the wall north of the vehicle maintenance garage doors.

Trip Tickets. 

Drivers are responsible for filling out all items of the trip ticket and returning the ticket with the packet.

CANCELLATIONS.   

Cancellations normally require 24-hour notice.  Administrative fees may be charged to an account for forms not completed or returned, vehicles not canceled, or vehicles not picked up.

VEHICLE USE AND DRIVER AUTHORIZATION

OFFICIAL BUSINESS. 

The use of state-owned vehicles is for official state business.  Employees who wish to travel with their families or to combine business with personal travel are encouraged to use their personal vehicles.  Insurance waivers for employees who wish to travel with family members in state vehicles may be authorized by the vice chancellor for business affairs.

VEHICLE USE AGREEMENT. 

Faculty and Staff. 

All fleet vehicle users are required to have a Vehicle Use Agreement form on file with Transportation Services.

Student Drivers. 

Student drivers are required to have a Student Driver Authorization form on file.  The student form must be signed by the student’s supervisor or student organization advisor.  The form expires on May 31 and must be renewed annually if students intend to use state vehicles.

Driving Records. 

State policy requires driving records be checked annually.  Use of the state vehicles may be denied if an individual’s driving record shows multiple accidents and/or violations.  Driving records obtained by Transportation Services are handled confidentially.  Individuals with questions regarding their records may contact Transportation Services.

Authorization Forms. 

Vehicle use forms are available from Transportation Services.

MILEAGE REIMBURSEMENT FOR PERSONAL VEHICLE USE

FLEET VEHICLE AVAILABLE. 

An employee who elects to drive a personal vehicle when a state vehicle is available is reimbursed at the rate of .18 per mile when the round trip is more than 50 miles.

OTHER CONDITIONS. 

Reimbursement is .26 per mile when:

• the reimbursement claim is accompanied by a Certificate of Non-availability issued by Transportation Services; or
• the round trip is 50 miles or less; or
• the driver engaged in university business is a not a state employee.

Non-availability. 

A Certificate of Non-availability will be issued when no fleet vehicle is available and the reservation request is made at least 24 hours before the vehicle is required.

USE OF 15-PASSENGER VANS

DRIVER TRAINING REQUIRED. 

The University of Wisconsin System Risk Management Office requires that any individual requesting to drive a 15-passenger van must complete a van driver training program or hold a valid commercial driver’s license.

Driver Training Program. 

Transportation Services has developed a van driver training program which includes:

• completion of the van training program registration form;
• completion of the quiz on the back of the registration form with 80% accuracy; and
• completion of a behind-the-wheel session scheduled through Transportation Services.

Upon completion, drivers are issued a Van Driver Training Certification Card.

STUDENT ORGANIZATIONS

A student organization seeking to reserve a fleet vehicle must complete the Student Organization State Vehicle Approval Form.

All SFO account users (9000 accounts) and all 1800 account users (other than those for a class requirement) must also complete the form.

Completed forms must be signed by the student organization’s advisor and if the organization receives SGA funding for the trip, the budget director of SGA.

SECTION 3 GOVERNANCE DOCUMENTS

CONSTITUTION OF THE COMMON COUNCIL UNIVERSITY OF WISCONSIN-STEVENS POINT

The Constitution of the Common Council was last approved on April 20, 2016 (Common Council). For the full text, please see:

 

https://www.uwsp.edu/commoncouncil/Documents/Constitution_of_the_Common%20Council%20-%202021-03-22.pdf

 

SECTION 4 FACULTY POLICIES

UWS POLICY ON FACULTY SERVING IN ACADEMIC STAFF POSITIONS

President Shaw, March 28, 1988

NOTE.  The statement has been rewritten–no substantive changes have been made–and format changes have been made to conform to the remainder of the Handbook.

These guidelines apply to persons appointed as ranked and unranked faculty prior to merger.

• An unclassified staff employee serving in, performing duties under, and budgeted under a ranked faculty title only, with no concurrent academic staff or limited appointment, retains the faculty title and rank and is not assigned an academic staff or limited title.  The individual continues to exercise tenure and governance rights as a member of the faculty.
• An unclassified staff employee currently serving in an academic staff or limited title (such as Director), performing duties under that title, and receiving compensation under that title normally shall be assigned an academic staff or limited appointment title.

• Any such individual who also has a pre-merger appointment as ranked or unranked faculty retains tenure and other faculty rights and is entitled to participate in faculty governance matters under applicable institutional policies, procedures, and practices.
• Any such individual currently serving in an academic staff position but who attained tenure prior to merger and who wishes to participate in academic staff governance matters while serving in that position is entitled to participate in academic staff governance under applicable institutional policies, procedures, and practices.

NOTE.  An individual who earned tenure prior to merger may participate either in faculty or academic staff governance systems as noted in the two preceding paragraphs but not in both systems simultaneously.

• Any such individual having a ranked faculty appointment dating prior to merger as a concurrent/backup appointment to an academic staff or limited position appointment in which the individual is currently serving may, with the agreement of the university, resign the academic staff or limited position and return to a tenured faculty position.
• Any such individual having an unranked faculty appointment dating prior to merger as a concurrent/backup appointment to an academic staff or limited position appointment in which the individual is currently serving may, with the agreement of the university, resign the current academic staff or limited position and return to another position (presumably with administrative duties) and continue to be tenured.

SECTION 5 OTHER POLICIES

SECURITY CAMERA POLICY

Security cameras may be installed in situations and places where the security of either equipment or people would be enhanced.  Cameras will be limited to uses that do not violate the reasonable expectation of privacy as defined by law.  When appropriate, the cameras may be placed campus-wide, inside and outside buildings.  Although the physical cameras may be identical, the functions of these cameras fall into three main categories:

1. Anti-theft and Vandalism:  where the main intent is to take pictures and store them on a remote device so that if an item is discovered stolen or vandalized, the pictures will show the perpetrator.  Examples: an unstaffed computer lab, an unstaffed science lab, or a parking lot.
2. Personal Security:  where the main intent is to take pictures and store them on a remote device so that if a person is assaulted, the picture will show the perpetrator.  These cameras may also be monitored live by someone from Police and Security Services.  Examples: a major hallway, or a parking lot.
3. Extended Responsibility: where the main intent is to have the video in one room monitored by a staff member in a different room who is responsible for people and equipment in both rooms.  In this case, pictures may or may not be stored.  Example: a computer lab with multiple rooms and only one staff.

This policy does not apply to cameras used for instructional purposes.  Further, cameras being used for research would be governed by other policies involving human subjects and are therefore excluded from this policy.

Requests for installation of security cameras should be made to and approved by the Security Camera Officer (a position appointed by and responsible to the Provost).  Information obtained from the cameras would be used exclusively for law and/or policy enforcement.

All camera installations are subject to federal and state laws.

The places where these cameras may be installed may be restricted access sites such as a departmental computer lab; however, they are not places where a person has a reasonable expectation of privacy.  Cameras will be located so that personal privacy is maximized.  No audio should be recorded.

Unless the camera is being used for criminal surveillance, or in extraordinary circumstances, the following places should not be monitored by security cameras

1. Bathrooms
2. Locker rooms
3. Offices
4. Residence Hall rooms
5. Classrooms not used a lab

For Anti-theft/Vandalism and Personal Security cameras, access to live or archived images from cameras should be limited to the Director of Police and Security Services, his/her designee and/or the Security Camera Officer.  If images are retained, the images should be retained for a period of at least one week and no longer than 28 days, unless it is part of an investigation.  Information that directly affects an investigation will be kept for at least one year (or for a period of time determined by the investigating agency.)  Anti-theft/Vandalism cameras requested in locations that may not be utilized for extended periods (such as a storage room during summer break) may have images retained for a period longer than 28 days as determined appropriate by the Security Camera Officer.

When an incident has been reported or is suspected to have occurred, personnel responsible for the area in question may request that the Director of Police and Security Services or his/her designee review the images from the camera.  As circumstances require, the Provost or the Security Camera Officer may authorize others to review images.  A record log will be kept of all instances of access to, and use of, recorded material.

The Security Camera Officer will give a semi-annual report to the University Affairs Committee.

Units requesting security cameras will be required to follow the procedures outlined in this policy.  Concerns or questions should be directed to the Security Camera Officer.  The Security Camera Officer’s job description needs to clearly outline his/her responsibilities, and his/her performance in these areas will be evaluated by the Provost on an annual basis.  Breaches of this policy can result in disciplinary action.

Unless the camera is being used for criminal surveillance, areas being monitored should have at least two signs indicating that security camera monitoring may be taking place.  The wording on the signs should not create a false sense of security to lead someone to believe that the cameras were being monitored live when in fact they were not.  These signs should be at the entrance to the areas being monitored.  Recommended wording for the signage is included below:

Video surveillance in use in public areas on these premises
(UWSP Police and Security Services)

GUIDELINES FOR HUMAN SUBJECTS RESEARCH AT UW-STEVENS POINT

Statement of Principles, Summary of General Institutional Policies and Applicability

The University of Wisconsin-Stevens Point is guided by the ethical principles set forth in the report of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research entitled “Ethical Principles and Guidelines for the Protection of Human Subjects of Research,” also known as “The Belmont Report.”

The University is committed to compliance with federal rules for the protection of human research subjects.  In general, the requirements set forth in Title 45, Part 46 of the Code of Federal Regulations (45 CFR Part 46), known as the “Common Rule,” are followed by UW-Stevens Point regardless of the source of project funding.  This commitment is in compliance with the Office for Human Research Protections (OHRP, formerly OPRR) now under the direction of the Office of the Secretary, Department of Health and Human Services.  This commitment requires UW-Stevens Point to comply with the comprehensive regulations published in the Common Rule which require that all research projects involving human subjects be approved by an Institutional Review Board (IRB).  The Food and Drug Administration (FDA) also protects human research subjects through its investigational drug and device regulations.

Research is defined as a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research whether or not they are conducted or supported under a program which is considered research for other purposes. For example, some demonstration and service programs may include research activities.

The regulatory requirements are applicable to all University authorized activities which in whole or in part involve research with human subjects if one or more of the following apply:

• The research is sponsored by this University.
• The research is conducted by or under the direction of any employee or agent of the University in connection with his or her institutional responsibilities.
• The research is conducted by or under the direction of any employee or agent of this University using any property or facility of this University.
• The research involves the use of the University’s non-public information to identify or contact human research subjects or prospective subjects.

In accordance with federal regulations, all research involving human subjects must be reviewed by the Institutional Review Board for the Protection of Human Subjects (IRB).

The IRB has the authority to review, approve, disapprove, or require changes for approval in research activities involving human subjects.  IRB members come from a variety of disciplines, including at least one member who is not affiliated with the university.

The IRB requires completion of a research protocol form. The form contains explanatory information about the specific requirements. IRB approval is required for all research involving human subjects. In addition, the IRB requires that everyone dealing with subjects must receive training in research ethics.  This requirement can be met by completing the Human Subjects Protection Training.

If the protocol is for a sponsored project, IRB approval must be provided to the Office of Research and Sponsored Programs before an account can be established by the university.  Protocols may be submitted as part of an application for external funding, which may require IRB approval at the time of submission of the grant proposal.   Approval must be indicated on the UW Transmittal Form. 

If a project does not initially include human subjects, but human subject participation is needed at later time, the PI must submit a protocol and obtain IRB approval prior to initiating the research activities involving human subjects.  For such projects that have extramural support, the office of Academic Programs and Grant Support must be notified of IRB approval.  The office of Academic Programs and Grant Support will notify the sponsor of the IRB’s approval and human subject participation will not be permitted until this certification of IRB review and approval is received by the sponsor.

Usually, IRB approval is granted for a period of one year.  For projects of longer duration, the PI must submit a renewal application.  Each IRB conducts continuing review of all research involving human subjects at intervals appropriate to the degree of risk, but not less than once per year, depending on the nature of the research and the risks to human subjects. In accordance with federal regulations, the IRB has the authority to suspend or terminate approval of research that is not being conducted in accordance with the IRB’s decisions, conditions, and requirements, or that has been associated with unexpected serious harm to subjects.

Changes in research protocols, which may alter the risks to the research subjects and occur during the period for which IRB approval has already been given, must not be initiated by the PI until the proposed changes are approved by the IRB.  An exception is made for changes necessary to eliminate apparent immediate hazards to the subjects.

Human research involves risks that may be social, psychological, financial, or physical. Others, in addition to the research subject, also may be at risk, including persons discussed in the study, the investigator, society at large, and UW-Stevens Point.  The IRB does not expect research to be free from risk, but does expect the investigator to be aware of the risks, to minimize risk when possible, and to take appropriate precautions whenever necessary.

COPYRIGHTABLE INSTRUCTIONAL MATERIALS OWNERSHIP, USE, AND CONTROL

Normally the UW system does not assert property interest in materials developed from the author’s pursuit of traditional teaching, research and scholarly activities.  Normally rights to control access and use of these materials, including instructional materials, belong solely to the author as stipulated in Financial Administration documents G27 “Copyrightable Instructions Material Ownership, Use and Control.” (https://www.wisconsin.edu/uw-policies/uw-system-administrative-policies/copyrightable-instructions-materials-ownership-use-and-control/)

INFORMATION AND COMMUNICATION TECHNOLOGY ONLINE ACCESSIBILITY POLICY AND IMPLEMENTATION PLAN

BACKGROUND

The World Wide Web (Web) is a major, if not a primary, source of information for many people. Acknowledging that the University of Wisconsin-Stevens Point (University) is engaged in web development and publishing for all its constituencies, this policy establishes minimum standards for web accessibility. 

Information made available electronically can be structured so that all individuals, regardless of disability, can access it via desktop or mobile web browsers, text-to-speech applications, mobile applications and a host of other technologies. Accessible design practices can ensure University documents are readable by all who need them. The University, along with UW System, endorses the Web Content Accessibility Guidelines (WCAG), Version 2.0, of the World Wide Web Consortium (W3C) as the standard for Web accessibility and compliance with the Americans with Disabilities Act. W3C is composed of over 400-member organization worldwide developing common protocols to promote the evolution of the Web and ensure its interoperability. As part of its work, the W3C has developed accessibility guidelines for the web. The standards of the Federal Rehabilitation Act Section 508 (Section 508) are consistent with the W3C Guidelines and provide achievable, well documented guidelines for implementation.

POLICY

1. All new or revised web pages and other web resources published, hosted or otherwise provided by the University must be in compliance with the web standards defined in the most recent version of Section 508. Additionally, it is strongly suggested that University web pages and resources strive to comply with the WCAG 2.0 AA standards for accessibility, or future versions that may replace those as web technology advances.

1. Upon specific request, information on legacy web pages and resources, as well as those in archive status (e.g. no longer in use but subject to records retention plans) containing core administrative or academic information, official records, and similar information, are to be made accessible to any individual needing access to such content, by revision or otherwise. Legacy web pages and resources will be considered those that are published prior to September 1, 2015. The unit responsible for the information is responsible for providing that access as soon as possible.
2. What constitutes a web page or other web resource is to be interpreted broadly. It does not depend upon the type of client or host device, the type of software on the client or host devices, or the technical means by which the client and host communicate over the Web.

2. Web pages or resources specifically requested to be made accessible as part of a formal accommodation request shall be made accessible as soon as possible, or an equally effective alternative shall be provided. “Equally effective” means that it communicates the same information and provides, if possible, the equivalent functions in as timely a fashion as does the web page or resource.
3. Campus developers shall implement accessible design practices when creating web applications. For web applications procured via a Request-for-Proposal (RFP) process, accessibility must be included among the preferred product features. For all Web applications, accessibility must be considered during the selection process. Vendors whose products are under consideration will be asked to provide Voluntary Product Accessibility Templates (VPATs). If a web application is not available in an accessible format, or if its purchase would constitute an undue burden, the reason for selecting an inaccessible product must be documented. For products procured through a RFP process, the selection of inaccessible products requires the approval of the Chief Information Officer (CIO) in consultation with the Disability and Assistive Technology Center (DATC) and/or the Center for Inclusive Teaching and Learning (CITL).
4. All web pages or resources created or maintained by the University must contain a link to a contact where users having trouble accessing content can seek help. This would usually be the web developer or publisher. The addition of a link or contact person is not sufficient, in and of itself, to comply with the Information and Communication Technology Accessibility Policy.

OVERSIGHT

The CIO in consultation with the DATC and the CITL will oversee implementation, training, education, technical support, and the monitoring of compliance according to the standards and recommendations set forth in this policy.

Although the DATC is not responsible for the enforcement, training or production of electronic accessible resources, the DATC will maintain a contact list of staff capable and willing to assist in the development of accessible materials so that developers may contact the DATC for referral information. The CITL will be responsible for the oversight of online accessibility of course and instructional material development.

Each UWSP unit with a presence on the University Web, such as a department, division, organization, or program must be in compliance with accessibility standards according to the timelines established in this policy. Each unit is also responsible for insuring that adequate staff and financial resources are allocated to enable such compliance. Site authors are ultimately responsible for ensuring that their web content is current, correct, functional, and standards-compliant.

POLICY REVIEW

This policy and its implementation will be reviewed beginning no later than September 30, 2020 and should be reviewed every 3 years thereafter. A committee shall be composed of no less than 6 members drawn from: the Information Technology Council, the faculty, The DATC, Continuing Education and Outreach, University Communications and Marketing, the CITL, the office of the University ADA Coordinator, Information Technology, and a student - preferably a person with a disability who is affected by this policy. The Information Technology Council shall be responsible for forming the review committee. The review shall be a public process, open to comments and suggestions from other persons or units on campus.

RELATED DOCUMENTS

• Section 508 Checklist (WebAIM): http://webaim.org/standards/508/checklist
• WIA/W3G Web Content Accessibility Guidelines: http://www.w3.org/TR/2008/REC-WCAG20-20081211/
• WIA/W3G Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies (WCAG2ICT): http://www.w3.org/TR/wcag2ict

CONTACT

Please direct questions about this policy to accessibility@uwsp.edu.

INFORMATION TECHNOLOGY ACCESSIBILITY IMPLEMENTATION PROCEDURES FOR THE UWSP WORLD WIDE WEB ACCESSIBILITY POLICY

Below are the implementation procedures for Information and Communication Technology Accessibility Policy. These procedures implement the UW-Stevens Point Information Accessibility Policy. The rationale is discussed in the background section of the policy.

1. Recommended Assessment Procedures

It is recommended that a variety of evaluation methods be used to test the accessibility of web pages and resources, including automated testing, client and/or device testing, expert evaluation, and user testing.

2. Exception Procedure

Narrowly tailored exceptions to this policy may be granted by the Chief Information Officer (CIO) in consultation with the Disability and Assistive Technology Center (DATC) and/or the Center for Inclusive Teaching and Learning (CITL) in specific instances where compliance is not possible or would constitute an undue administrative or financial burden. To request an exception send an email to accessibility@uwsp.edu.

3. Training, Consulting, and Technological Tools

Information about training, consulting, and technological tools can be found at the University Accessibility Resources page, as well as definitions and resources related to Section 508 and W3C.

POLICY REGARDING STAFF LEAVING SERVICE AND INFORMATION TECHNOLOGY ACCESS AND SYSTEMS

All retired staff/faculty/emeritus faculty will be expected to adhere to the UW - Stevens Point Acceptable Use Policy, Email Policy, and UWS 18. Failure to abide by these requirements may result in action up to and including discontinuance of account access. Personnel who resign their position and do not retire from the University lose access to all University data systems on their last day of employment.

The University does not provide hardware repair for devices or support for software owned by employees or retirees. The Information Technology Department will provide limited support if the problem the retiree is experiencing is related to a UWSP service that they do have access to.

Information Technology will not purchase items on behalf of former employees or retirees. University departments may not purchase devices or software for a retired faculty/staff member.

Retirees and those resigning need to return University- and grant-owned equipment to the Information Technology department. The Information Technology department will return the equipment to the home department that purchased the device after it has been wiped and reconfigured for another user.

Upon retirement from a university position the following will apply with regards to access to University information technology systems:

Retired Faculty/Staff Member

• Will be granted a University retired/alumni email account.
• Files and email left behind by departing personnel will be transferred to a virtual drive exclusive to the department.
• The retiree will receive this new account prior to their official retirement date so that key research data can be transferred from active employee account to new email account. IT or the University department the employee worked in retains the right to review the data transferred between accounts.
• Student data deemed private and protected by federal and state legislation may not be transferred to a retiree’s account. The Information Technology department will scan Office 365 data storage and transfers for any private student data, and such data will be removed or prevented from transfer.
• Access to all University computer systems and the University network via the network login credentials will be discontinued. Public access will remain. 

Emeritus Faculty

• Obtains all of the same email and file storage privileges that retirees receive.
• May have access to an office within a college or department where a PC is provided. The PC may or may not be specific to an emeritus faculty member.
• Membership on any distribution lists needs to be approved by the user’s department in an email to the mail administrator in IT. Access will be reviewed annually and an updated memo will be requested to continue access.
• Volunteer work requiring IT access needs to be requested by the department in a memo outlining specific data systems to be accessed. IT will request an annual written update for continued access.

Retirees Returning to Active Employment Status

• Must be rehired through Human Resources and have an active appointment.
• Access will be provided to University IT systems that are necessary for the terms of employment.
• Access is withdrawn once employment is complete and returned to the previous retiree access level.
• Active employee gets access to WISC software discounts.

Upon resignation or termination of employment the following will apply with regards to access to University information technology systems:

• University email, network, and systems accounts are inactivated based on last date of employment provided to Information Technology by the Human Resources Department.
• The user account will be archived and retained in accordance with University email retention policy. Data will be inaccessible to any former employees.
• All equipment issued to a user will be surrendered to the Information Technology Department and reassigned to the appropriate home department.

Safety Issues Related to Hover Boards on Campus

OPERATION OF A MOTOR VEHICLE OFF ROADWAYS.

No person shall operate an unauthorized motor vehicle or motorized device, including but not limited to motorcycles, mopeds, motor scooters, and self-balancing transportation devices, off designated roadways, paved or unpaved, or on service roads or pedestrian paths, regardless of the surface, on university lands. This subsection does not apply to motorized wheelchairs or other mobility devices which have the primary design function of assisting the physically challenged.

Children of Employees in the Workplace

UW-Stevens Point
Practice Directive GEN H (formerly UPS Operational Policy - GEN 19)
SUBJECT: Children of Employees in the Workplace
_________________________________________________________

Original Issuance Date: December 8, 2015
Last Revision Date:

1. Policy Purpose

Maintaining the safety and health of University of Wisconsin-Stevens Point employees, students, guests and visitors relies upon the control of hazardous conditions and prevention of unsafe behaviors. When the visitors are children, diligence to guard against unsafe conditions and unpredictable behaviors must be heightened.

The workplace is typically not an appropriate place for children of employees. However, the University of Wisconsin-Stevens Point recognizes that employees may occasionally want to bring children to the workplace for brief visits, specific campus events, situational convenience, or family emergencies.

All requirements of the UWSA Minor Protection and Adult Leadership Policy shall be followed in addition to this policy.

2. Policy Background

All institutions within the UW System are responsible for creating a policy for Children of Employees in the Workplace. A policy template was created by the Office of General Counsel in response to institution inquires and the recommendations included in the Office of Operations Review and Audit’s Review of Policies Related to the Reporting of Crimes Against Children.

3. Policy Definitions

Child or children: a person or persons less than 18 years of age, and not enrolled or admitted for enrollment in classes at the University of Wisconsin-Stevens Point.

Employee: any employee who has responsibility for a child, as defined above, while in the workplace regardless of the employee’s relationship to the child.

High risk area: includes any area deemed high risk by the campus risk manager, or any area with: hazardous levels of radiation; hazardous chemicals or substances; hazardous biological agents or vectors; or, hazardous equipment or processes. Examples of areas with these characteristics include:

• laboratories (excluding those designed for
• research subjects who are minors);
• machine shops, woodworking shops, or
• similar workshop areas;
• mechanical rooms;
• chemical and hazardous material or waste
• storage areas;
• construction areas;
• maintenance garages and shops;
• custodial storage areas;
• animal care, housing or animal
• research facilities;
• food preparation areas;
• fitness and strength centers;
• loading docks and warehouses;
• recycling centers;
• art studios and shops;
• steam plants;
• high security areas; and
• areas that are excluded for general
• employee or student access;
• other areas as determined by UWSP.

Management: includes supervisors, managers, department chairs, deans, directors, provosts, and chancellors.

4. Exclusions

Except as provided elsewhere in this policy, or other university policies, laws and regulations that limit access to or otherwise regulate high-risk areas, this policy does not apply when a child:

• is enrolled or admitted as a university student
• is employed by the university
• is attending a university-sanctioned childcare facility
• is attending a university-sanctioned camp, child care program, or youth enrichment program; or
• has a parent with a workplace assignment in which one of the conditions of the employment is residency in a campus facility, e.g., live-in resident hall director.

5. Policy

This policy addresses the factors to consider when allowing an employee to bring a child into the workplace. Rare circumstances in which employees want or need to bring children into the workplace generally fall into the following acceptable categories:

• Brief visits (e.g., an employee brings his/her child, grandchild or other minor relative in to introduce that child to co-workers). However, the workplace shall not serve as a place of childcare (other than those areas designated and licensed for childcare).
• Specific campus events that are employer-sanctioned and at which attendance by children is encouraged (e.g. Take Your Child to Work Day).
• Situational convenience.
• In the event of an emergency.

1. Abuse of the Policy

Children are brought to the workplace on a regular basis in lieu of childcare.

2. High risk areas

Children are not allowed in high risk areas, as defined in this policy, unless an exception has been agreed to by management of the area and the institutional risk or safety officer. Even children excluded from this policy, as stated above, are not allowed in high-risk areas, unless an exception exists.

3. Responsibilities

Generally, an employee who brings a child into the workplace shall not leave the child unsupervised. Employees are responsible for verifying with their manager the circumstances under which children are allowed in their specific workplace. If management allows the occasional workplace visit of children to the workplace, both the employee responsible for the child and workplace management must accept certain responsibilities (listed below) to protect the welfare of the child and the integrity of the workplace.

An employee who brings a child to the workplace must:

• be the individual who primarily supervises and cares for the child at all times while in the workplace;
• prevent any breach of confidential information;
• address with management any issues related to a child’s infectious disease; and
• accept full responsibility for all aspects of the child’s behavior, including: safety of the child, disruption to co-workers, unauthorized or inappropriate use of university resources, and any damage to property or injury to persons.

Management must:

• determine that either hazards are not likely to exist, or that hazards can be controlled under the circumstances in which the child will be present;
• address potential issues of possible disruption to co-workers in the workplace;
• consider the extent to which the child’s presence in the workplace poses a risk of breaching confidentiality of information in the workplace;
• consider the extent to which the child’s presence is appropriate to the specific work being accomplished.
• consider the health of co-workers before an employee is allowed to bring a child with an infectious disease to the workplace.

4. Denial of permission

Notwithstanding the exceptions provided by this policy, management has the authority to deny the presence of children in the workplace. Management may revoke previously granted permission for the employee to bring the child to the workplace (e.g., the child’s presence is later determined to be disruptive to the workplace).

5. Violations

Any employee who violates this policy may be subject to disciplinary action up to and including termination of employment.

F. Reporting

Faculty and staff members are encouraged to speak first with their direct supervisor, department chair, or department head about questions or concerns. If an individual is not comfortable speaking with one or more of those individuals, or they have already done so and the question or concern has not been addressed, they should contact Human Resources and Affirmative Action at 715-346-2606.

6. Related Documents

• Executive Order #54: Mandated Reporting for Child Abuse and Neglect
• UPS Children of Employees in the Workplace

7. Policy History

Workplace Conduct Expectations

UW-Stevens Point

UW System Administrative Operational Policy 1292 (formerly UPS Operational Policy WE 3)

SUBJECT: Workplace Conduct Expectations

_________________________________________________________

Original Issuance Date: 10/27/2016

Last Revision Date: 12/1/2019

1. Policy Purpose

This policy establishes guidelines for professional conduct by those acting on behalf of the University of Wisconsin-Stevens Point including executive officers, faculty, staff, other individuals employed by the University using University resources or facilities, and volunteers and representatives acting as agents of the University. Within this policy these groups will be referred to as University Community.

It is the intention of this policy that nothing herein is intended to interfere with applicable laws, policies or regulations that cover or inform personal and professional conduct at the University. This policy is not meant to and shall not interfere with academic freedom. This policy should be interpreted as being in concert with rather than in conflict with other policies, laws, and regulations.

This policy does not cover all situations that an employee might encounter in the workplace or classroom. In addition to consulting this policy, employees should refer to the specific policies, procedures, and guidelines that cover the institution.

2. Background

Wis. Stat. § 36.115 requires the Board of Regents to develop a personnel system that is separate and distinct from the personnel system under Wis. Stat. Chapter 230. The “classified employee work rules,” which prior to July 1, 2015 were applicable to classified UW System employees covered by Chapter 230, no longer apply. This operational policy provides workplace conduct expectations for all members of the University of Wisconsin-Stevens Point Community.

3. Policy Definitions

Faculty and Staff (may also be referred to as Employees): Includes all employee categories, emeritus faculty, and visiting faculty.

Volunteer: An individual speaking or acting on behalf of the University of Wisconsin-Stevens Point, not being paid, and is not a student of the University.

4. Policy

The University of Wisconsin-Stevens Point (UWSP) promotes a working, learning, and social environment where all members of the UWSP Community work together in a mutually respectful, psychologically-healthy environment. UWSP strives to foster an environment that reflects courtesy, civility, and respectful communication because such an environment promotes learning, research, and productivity through relationships.

1. UWSP Values:

In addition to our primary value of education, we also value:

• Community engagement
• Critical thinking
• Diversity and inclusivity
• Lifelong learning
• Professional preparation
• Research, scholarly and creative activity
• Student-centered environment
• Sustainable management of natural resources and other resources

2. Cornerstones of a Respectful Campus

The commitment to a respectful campus calls for promotion of an environment where the following are upheld:

All individuals have important contributions to make toward the overall success of the University’s mission.

• UWSP’s mission is best carried out in an atmosphere where individuals at all levels and in all units value each other and treat each other with respect;
• Individuals in positions of authority serve as role models in the promotion of a respectful campus. Promoting courtesy, civility, and respectful communication is consistent with the responsibility of leadership;
• Individuals at all levels are allowed to discuss issues of concern in an open and honest manner, without fear of reprisal or retaliation from individuals above or below them in the University’s hierarchy. At the same time, the right to address issues of concern does not grant individuals license to make untrue allegations, unduly inflammatory statements or unduly personal attacks, or to harass others, to violate confidentiality requirements, or engage in other conduct that violates the law or University policy.

Behavior expectations:

Described below are behavior expectations for conduct of UWSP Community. These expectations include and add to the expectations from UW System. These expectations do not preclude a department, or a work unit from establishing additional rules that are necessary for the effective operation of that institution, department, or work unit.

1. Be Fair and Respectful to Others - Be courteous and respectful in interactions with students, other employees, members of the general public or any other individual when acting on behalf of the University.

• Respect the rights of others to be free of bullying, harassment, illegal discriminations, threats, violence, intentional physical harm or intimidation in the workplace, and intentional or personally-directed abusive language in the workplace;
• Provide equal access to programs, facilities, and employment;
• Treat others with fairness and impartiality;
• Promote conflict resolution;
• Respect others’ personal property.

• Borrowing, taking possession, or removing property that belongs to other individuals without the owner’s permission is inappropriate.

2. Protect and Preserve University Resources - Use University property, equipment, finances, materials, information technology, electronic and other systems and other resources for legitimate University purposes.

• Promote efficient operations and prevent waste and abuse;
• Ensure any postings or removal of postings, notices, or signs is authorized by the correct authority department;
• Use care in guarding University keys and abide by established property policies;
• Respect the use and security of University buildings and property and abide by established policies regarding access;
• Conduct personal business and solicitation (including political solicitation) unrelated to a UWSP position on personal time (not while acting on behalf of UWSP).

3. Act Ethically and with Integrity - Act according to the highest ethical and professional standards of conduct.

• Carry out assignments, instructions, duties and responsibilities as set forth in position descriptions and as directed by those with authority to assign work;

• Requests to perform an action that is unethical, illegal, or goes against an institutional policy should be reported to your department head or Human Resources; 

• Be timely and meet attendance expectations; o Follow departmental notification procedures for planned and unplanned time away from work; 
• Be personally accountable for individual actions;
• Fulfill obligations owed to students, clients, and colleagues; 
• Create, provide, and maintain truthful, accurate, and complete information and records for the institution or to other state agencies;

• Follow all record retention requirements and regulations;

• Use and possess uniforms, identification cards, badges, and permits in accordance with institutional and system policies and all laws and regulations.

4. Contribute to a Healthy and Safe Workplace - Promote and follow all health and safety policies. It is the responsibility of all members of the University Community to ensure a safe, secure, and healthy environment for all.

• Dangerous weapons are not allowed on UWSP property except as permitted by UWSP policies; 
• Illegal drugs are not allowed on any UWSP property; 
• The use of alcohol on UWSP property is limited to those areas where allowed by law;
• Any use of alcohol must be done in a lawful, responsible, and ethical manner.

5. Promote a Culture of Compliance - Commit to meeting legal requirements and foster ethical and lawful conduct.  

• Learn and follow all applicable laws, regulations and UWSP and UW System policies and procedures;
• Protect the security, integrity and confidentiality of University information and records where appropriate and required by law;
• Be proactive to prevent and detect any compliance violations;
• Report suspected violations.

6. Additional Behavioral Expectations for Individuals in a Leadership Role - Individuals who manage or supervise another individual’s work have additional responsibilities to foster and support UWSP values and expectations.

• Lead by example, by behaving legally and ethically at all times;
• Create and foster an environment free of bullying, harassment, discrimination, and retaliation;
• Know the rules that apply in the areas of our operations and anticipate questions that might arise;
• Work proactively and on an ongoing basis to ensure faculty and staff are trained and well-versed regarding the rules that apply to their jobs;
• Foster an environment where individuals are comfortable coming to you with compliance and ethical questions and concerns;
• Work collaboratively with employees to resolve concerns thoroughly, confidentially, to the best of your ability, and within the boundaries of your authority;
• Report behaviors of bullying, harassment, and discrimination to Human Resources;
• Direct employee relations matters that you are not able to resolve to Human Resources;
• Notify Human Resources of potentially significant compliance matters.

3. Reporting

Faculty and staff members are encouraged to speak first with their direct supervisor, department chair, or department head about questions or concerns. Volunteers are encouraged to report concerns to an individual employed by the University. If a faculty, staff member, or volunteer is not comfortable speaking with one or more of those individuals, or they have already done so and the question or concern has not been addressed, they should contact Human Resources at 715-346-2606. Questions about the reporting process or concerns about confidentiality should be addressed to Human Resources.

5. Campus Free of Bullying

The University is committed to providing an environment free of bullying in all of its forms to support the University’s mission, vision, and values. Bullying is unacceptable in all working, learning, and service interactions.

1. Bullying Definitions:

Bullying is unwanted aggressive behavior(s) that involves a real or perceived power imbalance. The behavior(s) undermines an individual or group through persistently negative verbal or psychological abuse. The behavior(s) typically contain(s) an element of vindictiveness and is calculated to threaten, undermine, patronize, humiliate, intimidate, or demean the recipient. Bullying can adversely affect dignity, health, and productivity. Bullying may be a form of harassment and may lead to a hostile work environment.

Bullying can include, but is not limited to:

• Nonverbal Communication

• Gestures (e.g. mimicking, threatening, patronizing)
• Invading personal space after being asked to move or step away

• Verbal Communication

• Abusive language (e.g. screaming, shouting, swearing)
• Ridiculing, insulting, or teasing
• Spreading rumor or innuendo
• Trivializing of work and achievements
• Practical jokes
• Belittling or disregarding opinions or suggestions

• Manipulating the Work Environment

• Excessive and or unreasonable demands
• Sabotaging another individual’s work
• Encouraging others to “turn on” individual(s)
• Isolating or exclusion of individual(s)
• Blaming others for mistakes
• Excessive supervision (unwarranted by performance of individual)
• Making threats, either explicit or implicit to the security of a person’s job, position, or personal well-being

• Physical Actions

• Assault or threat of physical assault (e.g. pushing, shoving, kicking, poking, tripping)
• Damage to an individual’s work product, area, or property or personal property

A few other definitions to explain and identify bullying:

• Cyberbullying is the use of electronic devices to convey a message in any format (i.e. text, image, audio, video, etc.) to bully individual(s) under the perpetrator’s true or false identity;
• Mobbing is bullying behavior carried out by a group rather than by an individual;
• Anonymous bullying consists of withholding or disguising identity while treating an individual in a malicious manner, sending insulting or threatening anonymous messages, placing objectionable objects among an individual’s belongings, leaving degrading written or pictorial material about an individual where others can see.

Bullying is not about occasional differences of opinion, conflicts and problems in workplace relationships as these may be part of working life. It is not bullying behavior for a supervisor to note an employee’s poor job performance and potential consequences within the framework of University policies and procedures, or for a professor or academic program director to advise a student of unsatisfactory academic work and the potential for course failure or dismissal from the program if uncorrected.

2. Report Bullying:

• A student who believes they have been the subject of bullying, or any individual who believes a student has engaged in bullying behavior should report the behavior to the Office of the Dean of Students at 715-346-2611,  or in person at Old Main, Room 212. A concern may also be reported by filling out an online report at https://www.uwsp.edu/dos/Pages/Anonymous-Report.aspx. The individual should select the reporting method they are most comfortable with and that is most appropriate to the situation. If the alleged perpetrator of the bullying behavior is faculty, staff, or a volunteer, the report will be shared with Human Resources. For more information regarding student conduct, see the Student Handbook information.
• A faculty, staff member, or volunteer who believes they have been the subject of bullying, or believes a faculty, staff member, or volunteer has engaged in bullying behavior, please reference section Reporting (4. C) within this policy.

6. Action

Violations of this policy will be investigated and handled in the same manner as the current misconduct process and may result in a variety of possible sanctions or disciplinary actions up to and including termination.

See the University Handbook Chapter 4C , the Disciplinary Policy and Procedures for University Staff , and the University of WI - Stevens Point Student Handbook for specific complaint, disciplinary, or sanction procedures.

7. Related Documents

• University of WI - Stevens Point Handbook
• University of WI - Stevens Point Student Handbook
• University of WI - Stevens Point Discrimination, Harassment, Sexual Violence, and Retaliation Prevention and Response Policy  
• UW System Administrative Policy 1292 (formerly UPS Operational Policy WE 3): Workplace Conduct Expectations
• UW System Administrative Policy 1230 (formerly GEN 11): Workplace Safety
• UW System Administrative Policy 1290 (formerly UPS Operational Policy WE 1): Code of Ethics
• Practice Directive WE A (formerly WE 4): Use of Information Technology Resources
• Wis. Admin. Code Chapter UWS18, Conduct on University Lands
• Regent Policy Document 20-22, Code of Ethics
• Regent Policy Document 25-3 (formerly 97-2): Acceptable Use of University Information Technology Resources
• WI Statute Dangerous Weapons Definition
• Workplace Bullying Institute

8. Policy History

12/1/2019: Updated header to align with updated UW System numbering; updated Human Resources and Affirmative Action” to Human Resources”; and updated links throughout this policy.

Inclement Weather/Emergency Conditions

UW-Stevens Point

UW System Administrative Policy 1235 (formerly UW System UPS Operational Policy - GEN 15): Inclement Weather/Emergency Conditions

SUBJECT: Inclement Weather/Emergency Conditions

___________________________________________________________

Original Issue Date:

Last Revision Date: 11/01/2016

1. Policy Purpose

To establish an inclement weather/emergency conditions policy.

2. Background

Chapter 230 Wis. Stat. § 230.35(5)(c) Wisconsin Human Resources Handbook Chapter 736 of the Wisconsin Statutes contains specific information about instances in which institutions may be closed. This operational policy provides University of Wisconsin System (UWS) institutions with inclement weather and emergency conditions policies that are similar to the policies set forth in Wis. Stat. § 230.35(5)(c) and Wisconsin Human Resources Handbook Chapter 736.

The UW System Administrative Policy 1235 (formerly UPS Operational Policy GEN 15): Inclement Weather/Emergency Conditions was implemented July 1, 2015.

3. Policy

When inclement weather or emergency conditions exist, every effort will be made to keep affected UW-Stevens Point open and operating as normal. However, where the health and safety of students, employees or the public would be placed at risk, or conditions prevent the normal operation or services of UW-Stevens Point, the nature and extent of any action to be taken will be determined by the Chancellor and appropriate administrator(s).

UW-Stevens Point classes will meet as usual unless there is formal notification from the Chancellors Office. In the absence of such notice, classes are presumed to meet as scheduled. Individuals who travel to and from campus are encouraged to use their own judgment as to whether or not such travel is wise. Should it be necessary to cancel a class due to the absence of an instructor, it is the responsibility of that instructor to notify their department head and to schedule an appropriate make-up session.

1. Reporting to Work/Leave Expectations

When the institution is not closed, employees are expected to report to work unless an absence or other arrangement is approved by the employee’s supervisor. Employees are expected to notify their supervisor if they cannot report to work or will report late. Supervisors may require the employee to make up lost time if required for the operation of the work unit.

When the institution is closed, most employees will be directed to not report to work. Employees at work when the institution is closed will be given the option of remaining at work or leaving their worksite, operational needs permitting. This applies to all employees except employees whose continued presence is required.

Employees absent from work because of inclement weather or emergency conditions must use available vacation, accrued compensatory time, available holidays, or leave without pay to cover the absence, or they may arrange another work schedule with their supervisor. Supervisors may require the employee to make up lost time during the same workweek of the absence if required for the operation of the work unit. Make up or leave time should be in accordance with UW System leave policies and follow the department’s standard unplanned absence expectations (e.g. ability to make up time).

2. Preparedness

Every college and administrative department (i.e. a department that is not within a college) has a responsibility to maintain a Continuity of Operations Plan (COOP) to establish current methods, procedures, and protocols to continue to perform the University’s mission and their units’ essential functions with minimal interruption during inclement weather/emergency conditions.

4. Notification

In the event that the campus will close and/or classes will be cancelled, the University will notify employees, students, and the public through a variety of communication methods. The primary method for notifications is through local media, the UW-Stevens Point homepage: www.uwsp.edu, and UW-Stevens Point email system. Information will also be available by calling 715-346-0123.

5. Related Documents

• Wisconsin State Statute: State Employment Relations: Chapter 230
• Wis. Stat. § 230.35(5)(c)
• Wisconsin Human Resources Handbook Chapter 736
• UW System Administrative Policy 1235 (formerly UW System UPS Operational Policy GEN 15): Inclement Weather/Emergency Conditions

6. Policy History

Original issuance date is unknown. This policy was previously included within the Classified Employee Handbook.

Use of Non-Approved Information Technology Applications and Hardware for University Business and Instruction

Guidelines

Applications and services, such as online tools, free or paid, that are not owned and operated by UW-Stevens Point might not meet UW-Stevens Point guidelines or requirements for privacy, intellectual property, security, and records retention. Faculty and staff using or considering the use of non UW-Stevens Point or UW System approved applications and services should first seek the approval of the service by contacting Information Technology Purchasing and IT will begin a review. In addition to state level purchasing guidelines, the following factors should be considered when selecting and utilizing applications and services.

Choosing to use Non-University Applications, Technology Tools or Services

Understand the risks to you and others

• Providers may require the user to agree to a Terms of Service agreement. This is a legal contract. Only a few UW-Stevens Point administrators are authorized to enter into legal contracts on behalf of the university. Users without that authority become personally responsible for the terms of the agreement and any problems that may arise.
• Providers may change their Terms of Service without notice. Check periodically to see if it is still acceptable.

Protect sensitive research data and other sensitive information

• Comply with research grant and other contractual and legal requirements to protect sensitive information. There may be requirements that a non UW-Stevens Point application or service cannot meet.
• Restrict access to any sensitive information, so that only those with a “need to know” can access it.
• Do not include any personally identifiable information if you can avoid it.
• Remove data when it is no longer needed.
• The use of any non-approved cloud service for use with High Risk or Moderate Risk data as defined by UW System Administrative policy is strictly prohibited.
• Faculty and staff utilizing tools external to campus-approved tools should not utilize their university password as this is high risk data. Passwords verify identity. It is imperative that users of tools keep their passwords confidential (link to acceptable use document/UWS authentication policy).
• Research of human subjects falls under the definition of High Risk data and may not be placed in non-approved University systems.

Examples of high, moderate, and low risk data

• A complete list of examples can be found at: High Risk or Moderate Risk data as defined by UW System Administrative policy.

High Risk	Moderate Risk	Low Risk
Social Security Numbers	Class grades that do not identify the student	“White Pages” directory information
Driver’s License Numbers	Unauthorized for release directory information	Maps, university websites or brochures intended for public use
Financial Account Numbers	Documents or data used internally that have not been authorized for public release	Course catalogs and timetables
Biometrical Numbers (fingerprint, iris image)	Emails or communications not authorized for public release	Student work that does not reflect a grade or student identification numbers
Health Information	Student Campus ID number
Class grades that identify the student	Data Managed through IRB
Login info that can access any sensitive info
Research data

 

Protect student privacy

• Comply with FERPA (Family Educational Rights and Privacy Act) requirements to protect student privacy.
• Restrict access to student content whenever possible, so that only those who “need to know” have access.
• Suggest students use aliases when creating accounts, particularly if student work is publicly available.
• Do not place any personally identifiable information in content. Avoid referring to students by full name.
• Limit students’ postings to course-related content.
• Obtain student written consent for continued use of student materials beyond the current class.

Communicate the use of non UW-Stevens Point applications and services to students

• Instructors should communicate their intent to use non-UW-Stevens Point applications and services, along with a summary of issues, conditions of use, and risks to students in the course syllabus. Examples of risks include data mining by the company providing the service, selling of student emails to third parties, and ownership of student data shared through the tool. Best practice allows students an ‘opt out’ provision for use of nonapproved university apps and services. An example of a statement that can be included in the syllabus is below:

• This course requires posting of work on line that is viewable only by your classmates. None of the work submitted online will be shared publicly. Some assignments require account creation for on line programs. The instructor of this course will not share your academic records (grades, student IDs). Confidentiality of student work is imperative, so you should not share the work of your peers publicly without their permission. By participating in these assignments, you are giving consent to sharing of your work with others in this class and you recognize there is a small risk of your work being shared online beyond the purposes of this course. Examples of additional risks include data mining by the company providing the service, selling of your email to third parties, and release of ownership of data shared through the tool. If you elect to not participate in these online assignments due to confidentiality concerns then an alternate assignment will be offered to you.

Understand who owns content and what they can do with it

• Placing content on a non UW-Stevens Point application or service may constitute “publication” of intellectual property, and may inhibit other publication of the work, or prevent a successful patent application.
• Review the Terms of Service agreement:

1. Who owns the intellectual property rights when content is created or uploaded to the application or service?
2. Does the provider claim any rights to use the content created or uploaded to the application or service?
3. If there is a right of use claim, when and how are these rights terminated?

Consider accessibility, support, retrieval, retention, and backup

• Ensure non UW-Stevens Point applications or services meet campus web accessibility requirements.
• Existing campus support might not resolve technical issues. Users might have to deal with the provider directly.
• Ensure that records can be retrieved from the provider. UW-Stevens Point records are subject to public records law.
• Ensure that university records are retained according to records retention schedules.
• Back up material regularly. Many providers assume no responsibility for backing up content.

Choosing to use Non-University hardware

• Employees conducting university business which involves high risk data as defined by UW System policy are required to perform that work on a University approved device or through a university secured network. Moderate or high risk data should not be stored on personally owned devices. Devices found to be in violation of this policy will be blocked from the University network. All devices and paid software to conduct University business as specified are to be purchased through IT Purchasing with University funds. This includes, but is not limited to; computers, laptops, mobile devices, tablets, phones, and printers. If you have a question, about this policy please contact IT Purchasing. Personnel who do not abide by this requirement may be asked to return the product/cancel service and may lose purchasing card privileges.
• Non-approved hardware does not possess the same warranty terms as approved University hardware and will be subject to hourly repair rates from Information Technology in the event service is required.
• Users may access university email and Office 365 services using personal devices. This provides users convenience with access to critical data services. The use of one’s own device should not be a primary method for conducting University business or in lieu of a provisioned IT device. When used on campus, personal devices will be required to connect to the University domain and have data managed through that domain. In addition, data stored on those devices is subject to any open records or legal requests made of the University and the device will need to be provided to IT security for review in the case of such a request.

References

• UW System Administrative Information Technology Policies
• UW System Policies
• Wisconsin Public Records Law Management
• Human Subject Research Guidelines UW - Stevens Point

Grievance Procedures

UW-Stevens Point

UW-System Administrative Policy 1233 (formerly UPS Operational Policy - GEN 14)

SUBJECT: Grievance Procedures

Original Issue Date: July 1, 2015

Last Revision Date: April 20, 2017

1. Policy Purpose

To establish a grievance procedure as a problem solving mechanism for University Staff with an expectation of continued employment who wish to appeal working conditions, discipline, layoff or dismissal.

2. Background

The UW-Stevens Point grievance policy establishes a dispute resolution process for university staff. UW-Stevens Point has developed formal grievance procedures in accordance with Wis. Stat. § 36.115(4) (which requires the Board of Regents to develop personnel systems that are separate and distinct from the personnel systems under Wis. Stat. Chapter 230), and with UW System Administrative Policy 1233: Grievance Procedures (formerly UW-Stevens Point UPS Operational Policy GEN 14: Grievance Procedures). Effective July 1, 2015, the grievance procedures found at Chapter ER 46 of the Wisconsin Administrative Code and any procedures established by the Office of State Employment Relations are no longer applicable to current UW System University Staff employees. Therefore, this policy and these procedures provide grievance procedures for University Staff employees that hold positions with an expectation of continued employment at UW-Stevens Point.

3. Definitions

Chancellor’s designee: an administrative officer with the authority to hear and adjust personnel and policy actions when they have been grieved through this policy. At UW-Stevens Point, the Chancellor’s designee for University Staff grievances is the Director of Human Resources and Affirmative Action.

Discipline: any action taken by UW-Stevens Point with respect to a University Staff member with an expectation of continued employment, which has the effect, in whole or in part, of a correction of undesirable behavior.

Disciplinary actions: include written reprimands, suspension, demotion and reduction in base pay.

Dismissal: separation from employment for disciplinary or performance reasons.

Grievance procedure: the process through which certain working conditions, discipline, or dismissal of a UW System university staff member can be appealed. All university staff with an expectation of continued employment at UW-Stevens Point are eligible to file a grievance through this provision.

Impartial Hearing Officer: a grievance review committee (University Staff Grievance

Subcommittee) established through the University Staff Council, an arbitrator from a roster developed by UW System Administration of arbitrators, an arbitrator from the Wisconsin Employment Relations. Commission (WERC) roster of neutral decision makers not employed by the WERC or an arbitrator employed by the Wisconsin Employment Relations Commission.

Just Cause: a standard that is applied to determine the appropriateness of a disciplinary action. The elements of determining whether just cause exists include:

• Whether the employee had notice of reasonable workplace expectations and the potential consequences if those expectations were not met;
• Whether a full, fair and complete investigation was undertaken by the employer before discipline or discharge to determine whether the employee violated expectations;
• Whether the employer obtained substantial evidence of the employee’s guilt;
• Whether workplace expectations were applied equitably and without discrimination; and
• Whether the degree of discipline imposed was reasonably related to the seriousness of the employee’s offense and the employee’s past record.

Layoff: separation from employment for reasons of budget or due to the discontinuance, curtailment, modification, or reduction of a program.

University Staff: are members of the university workforce that contribute in a broad array of positions in support of the university’s mission and are not exempt (e.g. hourly)¹ from the overtime provisions of the Fair Labor Standards Act (FLSA).

University Staff Grievance Subcommittee: is a standing subcommittee of the University Staff Council, consisting of one elected representative from each employee group represented on the University Staff Council (i.e., Academic Affairs Division, Business Affairs Division, Student Affairs Division, and at-large), and one appointed representative from the Department of Human Resources and Affirmative Action. Three additional members shall carry “replacement status” for hearing grievances in the event of an absence or conflict of interest of on the standing subcommittee members. Service on the University Staff Grievance Subcommittee will be conducted without loss of pay and subcommittee members will be released from their regular duties to participate.

[¹Note: All FLSA exempt employees holding positions in the State of Wisconsin classified service as of June 30, 2015 are given the choice to remain in the University Staff for as long as they retain their existing positions, or to be voluntarily reassigned to a position that UW- Stevens Point has designated as either an Academic Staff or Limited Appointment position - see UW System Administrative Policy 1287 (formerly UPS Operational Policy TR 3)].

4. Grievable Subjects

University staff with an expectation of continued employment may file a formal grievance contesting layoffs and disciplinary actions if the employee alleges that the action was taken without just cause. These grievances may be moved through the steps of the grievance procedure as follows:

Layoffs may be grieved only through Step Two (A or B) of the grievance procedure. Written reprimands may be grieved only through Step One of the grievance procedure. Other disciplinary actions may be grieved only through Step Two of the grievance procedure. Dismissals may be grieved beginning at Step Two A or B, and Step Two A grievances may be processed through Step Three of the grievance procedure.

University staff may file a formal grievance regarding working conditions if the employee alleges that the employer failed to comply with an applicable policy, rule, or procedure. Such a grievance may allege that the University failed to provide safe working conditions. Grievances regarding working conditions may be grieved through Step One of the grievance procedure.

5. Non-Grievable Subjects

Actions not grievable under this policy include the following:

• Verbal warning or verbal reprimand
• Termination of an appointment for temporary employment
• Release from probation
• Performance evaluations
• Any matter alleging sexual harassment or matters alleging harassment and/or discrimination on the basis of protected class (e.g. age, race, creed, color, sex, marital status, disability, sexual orientation, national origin, or arrest and conviction record) whose complaints are appropriate for the procedures of the UW-Stevens Point Department of Human Resources and Affirmative Action, and other state and federal laws.
• Activities falling under management rights are not grievable. Management rights include, but are not limited to:  

• Utilizing personnel, methods, and means in the most appropriate and efficient manner possible as determined by management
• Managing and directing employees
• Determining the size and composition of the work force
• Determining the content of written policies and procedures
• Managing the job evaluation system, which includes position classification, the establishment of position qualification standards, and the allocation of positions to classifications.
• Hiring, promotions, assigning or returning employees
• Establishing reasonable work expectations

6. Right to Representation

University staff employees have the right to representation at any meeting, including a hearing, if an employee reasonably believes that the meeting could lead to discipline. If appropriate notice is provided to the employer, employees and their representatives are permitted a reasonable amount of time to investigate and prepare a grievance without loss of pay. The representative has the right to observe and take notes. They have a limited right to speak but can serve as an advisor to the employee including repeating certain points stated by employee, explaining significance of points made by the employee, and speaking about practices at the work site. The representative has no right to speak for the employee in response to questions.

7. Grievance Procedure

Prior to filing a formal grievance, university staff employees are encouraged to first seek resolution of their grievances through informal discussions with their immediate supervisors, and/or the UW- Stevens Point Corrective Process (see Disciplinary Procedures and Corrective Process). The Department of Human Resources and Affirmative Action may serve as a resource to mediating a resolution. If such a discussion does not resolve the matter, an employee may file a formal grievance following the procedures set forth in this policy.

University Staff serving a probationary period do not have the right to file grievances on layoff or release from probation.

Discipline or dismissal of a University Staff member with an expectation of continued employment may be imposed only for just cause.

The University Staff Grievance Subcommittee will be provided with copies of letters of discipline issued to University Staff employees.

Grievances shall be submitted on a form provided by the employer. Only one subject matter may be covered in any one grievance. Each grievance shall describe the facts upon which the grievance is based and the relief sought by the employee.

The employee and the appropriate grievance step respondent may agree in writing to extend the time limits in any step of the grievance procedure. Parties are strongly encouraged to resolve situations prior to a grievance being filed, but upon filing, parties are encouraged to resolve grievances at early stages of grievance procedures.

UW-Stevens Point is prohibited from retaliating against a grievant for filing a grievance or against a representative or witness who participates, or is scheduled to participate, in grievance proceedings.

At any stage of the process, the employee may choose to submit a written statement in lieu of participating in a grievance hearing. The written statement will be considered in the same manner as an in-person hearing.

The grievant has the burden of proving his/her case by a preponderance of the evidence, except in the case of a discipline or dismissal, for which the University will have the burden of proving just cause by a preponderance of the evidence.

If an employee fails to observe any grievance procedures time limits, the grievance will be considered resolved. Time limits may be extended only by mutual agreement between the grievant and a UW- Stevens Point management designee.

Grievances shall be pursued in accordance with the following steps and time limits. Working condition and written reprimand grievances may be processed through Step One only. Layoff and discipline grievances will begin at Step One and may proceed no further than Step Two. Dismissal appeals will begin at Step Two, as outlined below, and may proceed to Step Three.

Step One:

If informal attempts to resolve a matter through discussion between an employee and supervisor are not successful, a grievance may be filed. Grievances shall be filed with the employee’s supervisor or with an HR representative no later than thirty (30) calendar days from the date the grievant first became aware, or should have become aware (with the exercise of reasonable diligence), of the matter grieved. Grievances shall be submitted on the UW-Stevens Point Employee Grievance Report (Attachment 1). Each grievance shall describe the facts upon which the grievance is based and the relief sought. Within thirty (30) calendar days of receipt of the written grievance, the respective university officer, or another appropriate management designee, will meet with the grievant to hear the grievance. The grievant shall receive a written decision no later than seven (7) calendar days after this meeting. If the subject of the grievance is not discipline or layoff, there will be no further opportunity for appeal.

Step Two A (Standard Procedure):

When an employee has filed a grievance alleging that a discipline decision (not including written reprimands) was not based on just cause and is dissatisfied with the Step One decision, the employee may appeal the decision to an impartial hearing officer. To file at Step Two A, the grievant must inform the Department of Human Resources and Affirmative Action of his or her desire to appeal within ten (10) calendar days from receipt of the answer in Step One. The Department of Human Resources and Affirmative Action will review the options for an impartial hearing officer with the employee. The employee must select which impartial hearing officer will hear the case at the time the appeal is filed. The arbitration fee, if applicable, shall be split equally between the University and the employee. In the event the employee prevails, the University will pay the full arbitration fee. An appeal of a dismissal will begin at Step Two and must be filed within twenty (20) calendar days of the date of written notice of dismissal.

At issue before the impartial hearing officer will be whether just cause for the discipline or discharge exists. For cases involving layoff, the issue before the impartial hearing officer will be whether the applicable layoff procedure was followed.

The impartial hearing officer may refuse to hear a grievance for lack of timeliness or because the attempted grievance involves a non-grievable issue.

The impartial hearing officer will be charged with hearing the case within thirty (30) calendar days of the filing, and responding within fourteen (14) calendar days of the hearing. The deadlines may be extended by mutual agreement. Hearings may be recorded. The hearing shall be closed unless it is opened by mutual consent.

The impartial hearing officer will make a report and recommendations to the Chancellor or to another appropriate management designee within fourteen (14) calendar days of the hearing. Within twenty (20) calendar days of receipt of the report and recommendations, the management designee shall issue a statement accepting or rejecting the findings of the impartial hearing officer and explaining how the recommendations will be implemented.

Step Two B (Grandfathered Procedure for Certain University Staff):

An employee who held permanent status in State employment prior to July 1, 2015 and according to the provisions of Wis. Stat. § 36.115(6) retains Wisconsin Statute Chapter 230 appeal rights, instead of using the Standard Procedure may appeal a disciplinary action (suspension, demotion, or reduction in base pay), layoff or discharge using the following special procedure. Such a grievance

may be appealed directly from Step One to the Chancellor’s designee within ten (10) calendar days from receipt of the answer in Step One. The Chancellor’s designee will meet with the grievant to hear the grievance within thirty (30) calendar days of the filing, and will answer within fourteen (14) calendar days of the hearing. The deadlines may be extended by mutual agreement.

The grievant shall have the right to be represented at the hearing. The hearing shall be closed unless it is opened by mutual consent.

Thereafter, if the employee is still dissatisfied with the decision as issued by the Chancellor’s designee, the employee may appeal the decision to the Wisconsin Employment Relations Commission (WERC) under Wis. Stat. § 230.44(1)(c) within thirty (30) calendar days from the date of the decision being appealed. If an appeal to WERC is filed, no further steps in the grievance process will apply. The decision of the WERC may be subject to judicial review, but no appeal to the UW Board of Regents is available.

Step Three - UW Board of Regents Review:

For cases of dismissal only, a grievant that is dissatisfied with the Step Two A (Standard Procedure) decision may appeal the decision to the UW Board of Regents. If the matter is not appealed to the Board of Regents within thirty (30) calendar days, the grievance will be considered ineligible for Board review. Upon receiving an appeal, the President of the Board shall refer the appeal to the Board of Regents Personnel Matters Review Committee. In accordance with Board of Regents Bylaws, the Committee shall conduct a review based on the record of the matter created by the impartial hearing officer and the Chancellor’s designee, and it shall prepare recommended findings and a decision, and shall transmit them to the full Board for final action. The full Board may confirm the Committee’s recommendations, the Chancellor’s designee’s decision, or it may direct a different decision. No further appeal shall be available to the parties.

UW-Stevens Point is prohibited from granting relief that is retroactive beyond thirty (30) calendar days immediately preceding the filing of the grievance at the first step. No financial award may be ordered for any employee beyond back pay and benefits actually lost.

For information about the operation of the grievance procedure or how to appeal an action, contact the Department of Human Resources and Affirmative Action at 715-346-2606.

8. Related Documents

• UW-Stevens Point Corrective Process
• UW-Stevens Point Disciplinary Procedures
• UW-System Administrative Policy 1233: Grievance Procedures (formerly UPS Operational Policy: GEN 14: Grievance Procedures)
• UPS Operational Policy TR 3
• Wis. Stat. § 36.115(4)
• Wis. Stat. § 36.115(6)
• Wis. Stat. § Chapter 230
• Wis. Stat. § 230.44(1)(c)

9. Policy History

April 12, 2016: Links, contact information updated (phone number added), and formatting to align with UWSP policy formatting.

April 20, 2017: University Staff Council revisions to revise University Staff Grievance “Committee” to “Subcommittee,” clarify membership of the University Staff Grievance Subcommittee, and clarify “days” as “calendar days.”

Attachment #1

UW- Stevens Point Employee Grievance Report

Reporting form is located on page 6 in the UW System policy document, which is found at the following site: https://www.wisconsin.edu/ohrwd/download/policies/ops/gen14.pdf.

Use of Drones/Unmanned Aircraft Systems (UAS)

The University of Wisconsin Stevens-Point in cooperation with the University of Wisconsin System regulates the operation of Unmanned Aircraft Systems (UAS) for both recreational and educational purposes on all University properties. The University recognizes that the use of UAS devices has significant current and future academic applications.

Innovative technology generally comes with public regulatory requirements for privacy, safety and security. These campus guidelines establish additional policy on top of FAA guidelines and requirements that promote safe and responsible use of unmanned aircraft, which can be found at https://www.faa.gov/uas/.

Flight Policy

The Federal Aviation Administration maintains policy and guidelines for UAS flight in the United States. The FAA policy can be found at https://www.faa.gov/uas/.

UWSP Risk Management provides oversight over UAS usage. Current policy and requirements regarding UAS use can be found on their Drone/UAS info page at https://www.uwsp.edu/rmgt/Pages/.

Scope:

UWSP UAS policy applies to all members of the University of Wisconsin Stevens-Point community, and any person or entity not affiliated with the University who may operate a UAS on or over university property or land and includes recreational and non-recreational aircraft. Any person operating a UAS on university land is personally liable and responsible for complying with FAA regulations, state and federal laws, and university policies, and may be subject to disciplinary action and enforcement.

Updates of the policy

This policy may be updated as appropriate in light of institutional experience and external regulatory changes. 

Additional Information:

• Know Before You Fly
• FAA UAS/Drone info
• State and Local drone policy

 

UW-Stevens Point Historic Preservation Subcommittee Acquisitions Policy

Introduction

The UWSP Historic Preservation Subcommittee Collections Management and Accessions Policy establishes formal guidelines for the acquisition, deaccession, loan, care and use of its collections. These policies shall not replace any state or federal law, statute or regulation under which the Committee is legally or ethically bound to operate. The large number of artifacts already under our care requires that we follow certain criteria when determining whether to accept new items for the collection. Factors include not only storage, but long-term preservation costs and potential for research and exhibit use. Our first consideration is whether the artifact(s) supports our mission.

Mission of the Committee

The mission of the UW-Stevens Point Historic Preservation Subcommittee is to identify, refurbish, protect and preserve for posterity the history of the University of Wisconsin-Stevens Point.

Definitions

As used in this policy: The collections of the UWSP HPS are defined as historical, and art objects and related supporting documentation acquired and conserved because of their historical and cultural significance and value.

• The term “object” refers to, but is not restricted to, all collection materials, including specimens, artifacts, documents, furniture, photographs, and works of art.
• “Supporting documentation” includes, but is not limited to, archival and library materials, field records, notebooks, maps, photographs, exhibits and electronic databases.
• “Accessioning” is defined as the process of creating a permanent record of an object, assembly, or lot received from one source at one time for which the UWSP Historic Preservation Subcommittee has permanent custody, right or title, and assigning a unique control number to said object, assembly or lot.
• “Deaccessioning” is the action of removing an accessioned object by due process from the permanent collection. The process is documented and made part of the permanent record.
• The collections are managed by the UWSP Historic Preservation Subcommittee, whose members are knowledgeable in fields related to the collections, and who is responsible for all aspects of curation and maintenance of those collections, including acquisition and recommendation for deaccessioning, conservation, interpretation, approval for exhibition, loan access, research, and publication.
• UWSP Historic Preservation Subcommittee may be abbreviated as: UWSP HPS.

Acquisition of Objects for the Committee’s Collections:

Donor’s restrictions, conditions, or encumbrances:

• Generally, all objects entering the UWSP HPS shall be without any restrictions, conditions, or encumbrances. The UWSP HPS reserves the right to use all gifts in the manner which best serves the UWSP HPS and its Mission Statement.
• Objects accepted and accessioned into the collections must support the mission of the UWSP Historic Preservation Subcommittee. 
• The objects must represent or relate to the culture and history of UWSP and its relation to Stevens Point, Wisconsin.
• Objects should be acquired in a manner that respects the public trust and does not damage the historical or cultural resources of the area.
• The UWSP HPS may acquire objects by purchase, contract, gift, bequest, exchange, field collecting or other appropriate means.
• Objects will be accepted and accessioned into the UWSP HPS collections when the following conditions are met:

1. The UWSP HPS can provide proper care, conservation, and storage under conditions insuring their preservation and availability, in keeping with professional standards.
2. Title to all objects acquired for the collections shall be obtained free and clear, permanently, and without restrictions as to the use, exhibition, loan, or future disposition. (See UWSP Deed of Gift Form for additional details).
3. Approval to accept and accession an object into the collections can only be granted by the UWSP HPS.
4. All acquisitions that require additional resources to house or maintain will require approval by the UWSP HPS.
5. Since the UWSP HPS has space and financial limitations, it subscribes to a policy of selective acquisitions.
6. Objects for which it is anticipated that no foreseeable use for exhibition, research, education or exchange, will not be accepted.
7. Historical resources are protected by a variety of statutes. The UWSP HPS will only acquire such specimens collected in compliance with all pertinent regulations.

Deaccession and Disposal of Objects from the Collections:

Accessioned objects are held in trust for the public in perpetuity as long as:

1. They retain their physical integrity, their identity, and their authenticity.
2. They continue to be relevant and useful to the UWSP HPS’s purposes and programs. They can be properly stored, preserved, and used.
3. Only the UWSP HPS has the authority to recommend objects to be deaccessioned. That person must fill out a UWSP HPS Deaccession 39 Form. Once approved, an entry will be made into the permanent records stating that the objects have been deaccessioned.
4. Objects will be considered for deaccessioning under one of the following circumstances:

1. The object is no longer relevant to the mission of the UWSP HPS.
2. Inadequate documentation or absence of documentation critically reduces the cultural or scientific value or significance of the object.
3. The object cannot be preserved, or has deteriorated and is no longer of any cultural or scientific value.
4. The object represents an unacceptable hazard to personnel, or to other collections.

Disposition of Deaccessioned objects:

Any object(s) selected and approved by the UWSP HPS for deaccessioning should be transferred or disposed of as follows:

1. The Portage County Historical Society, or appropriate educational institutions should be contacted regarding the availability of the items for exchange or donation depending on the nature of the items.
2. Consideration will be given to placing the object(s) with UWSP Surplus Property, or with other educational institutions.
3. If the object cannot be disposed of in any of the above manners it will be destroyed. Destruction is defined as the obliteration of an object or specimen by physical or mechanical means.
4. The disposal method must be both documented and witnessed.
5. Deaccessioned objects will not be given, exchanged, or sold privately to employees of the UWSP HPS, members of governing authorities or their representatives, members of Museum support groups or volunteers without the approval of the UWSP HPS.

Loans

Loans are transfers of objects from one institution to another in which there is no transfer of ownership. The UWSP HPS sends or receives loans for the purpose of research, education, or exhibition. The UWSP HPS will exercise the same care of objects received on loan as it does in safekeeping its own objects.

Incoming Loans

1. All objects borrowed by the UWSP HPS are its responsibility and care will be taken to house the specimens properly and to have all documentation available.
2. The UWSP HPS will not knowingly accept incoming loans of objects acquired or collected illegally or not in compliance with all applicable international, national, state, and local laws and regulations.
3. The UWSP HPS will not transfer possession or alter in any way objects it has received on loan without the express written approval of the lending institution.
4. The UWSP HPS is responsible for the loan arrangements, shipping/receiving, insurance and conservation of traveling exhibits.
5. The UWSP HPS will insure incoming loans for exhibit and research purposes once the loan is in the care, custody and control of the UWSP HPS. Coverage will be through the general UWSP HPS policy for its holdings; other coverage can be obtained for loans through written contractual agreements.

Outgoing Loans

The UWSP HPS lends objects to qualified institutions for scholarly research and exhibition, subject to policies and practices within each collection. The following conditions apply to all loans:

1. The borrowing institution will not transfer possession, repair, clean or restore objects it has received on loan without the express written approval of the UWSP HPS.
2. Loans promoting the UWSP HPS in public buildings are permitted, providing the objects in such loans are displayed under approved environmental and security conditions.
3. Outgoing loans will be for a period determined by the UWSP HPS.
4. The UWSP HPS does not grant loans of its collections to private or corporate establishments, except for educational, non-profit purposes.
5. The borrowing institution will assume full responsibility for any loss of or damage to the objects.
6. The UWSP HPS requires that the borrower insure objects loaned for exhibition.
7. The UWSP HPS does not require that the borrower insure loans for research purposes unless the UWSP HPS specifically requests such coverage.
8. Objects on loan from the UWSP HPS will not be reproduced/replicated in any manner without permission of the UWSP HPS.