Conduct on University Land - Chapter UWS 18
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UWS 18.01 Jurisdiction. |
UWS 18.09
Alcohol and drug prohibitions.
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UWS 18.01 Jurisdiction These rules shall regulate conduct on all lands subject to the control of the Board of Regents of the University of Wisconsin System.
UWS 18.02 Definitions For purposes of this chapter:
(1)
“Board of regents” or “board” means the
board of regents of the University of Wisconsin System.
(2)
“Building” means any structure, including stadia, on
university lands.
(3)
The “chief administrative officer”
means the chancellor of an institution or dean of a campus
or their designees.
(4)
“Discharge pollutants into storm
sewers” means placing pollutants or water containing
pollutants into any storm sewer on or serving university
lands.
(5)
“Discharge pollutants to storm water” means placing
pollutants onto university lands so that they are carried by
storm water to waters of the state.
(6)
“Pollutants” has the meaning described in s. 283.01 (13),
Stats.
(7) “University lands” means all real
property owned by, leased by, or otherwise subject to the
control of the board of regents.
UWS 18.03 Law enforcement
(1) The board may designate peace officers who are
authorized to enforce these rules and regulations and to
police all lands under the control of the board. These
officers shall have all the powers provided in s. 36.11 (2),
Stats., except where such powers are specifically limited or
modified by the board. These officers may accept concurrent
appointments as deputy sheriffs.
(2) Uniformed peace officers shall be identified by an
appropriate shield or badge bearing the word “Police” and a
number or name plate, which shall be conspicuously worn when
enforcing this chapter. Peace officers assigned to
non-uniformed duties shall identify themselves with an
appropriate badge or police identification card when
enforcing this chapter.
(3) Parking attendants are authorized to enforce the parking
regulations in s. UWS 18.05.
UWS 18.04 Traffic rules
(1) No person may operate any motor vehicle (self-propelled
vehicle) on any roadway under the control of the board
without a valid and current operator’s license issued under
ch. 343, Stats., except a person exempt under the provisions
of s. 343.05, Stats.
(2) No person may operate any motor vehicle on any roadway
under the control of the regents unless the same has been
properly registered as provided by ch. 341, Stats., unless
exempt under the provisions of s. 341.05, Stats.
(3) All provisions of ch. 346, Stats., entitled “Rules of
the Road,” which are applicable to highways as defined in s.
340.01
(22), Stats., and which are not in conflict with any
specific provisions of these regulations, are hereby adopted
for the regulation f all vehicular traffic, including
bicycles, on all roadways, including those off-street areas
designated as parking facilities, under the control of the
board and are intended to apply with the same force and
effect. All traffic shall obey the posted signs approved by
the chief administrative officer regulating such traffic.
(4) All provisions of ch. 347, Stats., entitled “Equipment
of Vehicles” which are applicable to highways as defined in
s. 340.01 (22), Stats., are hereby adopted for the
regulation of all vehicular traffic on the roadways under
the control of the board and are intended to apply with the
same force and effect, except those provisions of ch. 347,
Stats., which conflict with specific provisions of these
regulations.
(5) The chief administrative officer may require the
registration of all student, faculty, or staff motor
vehicles or bicycles on university lands under said
officer’s jurisdiction and may limit or prohibit their use
in designated areas during designated hours. Any person who
violates institutional regulations promulgated under this
subsection may be fined up to $25.
UWS 18.05 Parking
Rules
(1) Parking is prohibited at all times on roads, drives and
fire lanes traversing university
lands, except that the chief administrative officer is
authorized to establish parking areas, parking limits, and
methods of parking on the lands under said officer’s
jurisdiction, and may designate parking areas for specific
groups at specific times, providing such areas are properly
posted as parking areas. Parking in university parking
facilities may be restricted or prohibited as required for
reasons of maintenance and snow removal.
(2) Except as provided in sub. (3), parking in university
parking areas shall be prohibited during posted times to
persons other than those specifically assigned to those
areas. Motor vehicles so assigned to any parking areas shall
be identified by a valid parking permit affixed to the
vehicle in a manner prescribed by the chief administrative
officer.
(3) (a) In order to provide parking in university parking
facilities for patrons of public university events, motor
vehicles may be permitted to park in facilities designated
for this purpose by the chief administrative officer. Public
events parking shall be for a limited time only, not
exceeding 12 hours continuously, and appropriate fees may be
established. Otherwise valid permits are voidable during
this period.
(b) The chief administrative officer may establish visitor
parking lots and set appropriate fees for parking in those
lots.
(c) Unrestricted and unassigned parking areas for students,
faculty, staff and visitors may be established by the chief
administrative officer.
(4) (a) Parking shall be prohibited at all times in areas
which must be kept clear for the passage of fire apparatus.
These areas shall be designated by standard signs reading
“Fire Zone, No Parking at Any Time, Day or Night” or “Fire
Lane, No Parking at Any Time, Day or Night.”
(b) Parking is prohibited at all times in areas which must
be kept clear for vehicles to load and unload. These areas
shall be
designated by appropriate signs.
(5) Motor vehicles parked in a restricted parking area
without a valid permit or motor vehicles parked in a fire
zone, fire lane, loading zone, or no parking zone, and
unlicensed or partially dismantled motor vehicles may, at
the owner’s expense, be towed from the restricted parking
areas and stored. Towed vehicles, if not claimed after
notice to the owner, shall be considered abandoned and shall
be disposed of as provided in s. 20.909 (1), Stats.
(6) Any person who violates any of the provisions of this
section may be fined up to $200. Each institution shall
establish a
schedule of fines, which may include penalties for late
payment.
UWS 18.06 Protection of
resources
(1) PROHIBITED ACTS; LAND
No person may remove any shrubs, vegetation, wood, timber,
rocks, stone, earth, signs, fences, or other materials from
university lands, unless authorized by the chief
administrative officer.
(2) PROHIBITED ACTS; WILDLIFE
No person may remove, destroy, or molest any bird, animal or
fish life within the boundaries of university lands except
as authorized by the chief administrative officer or except
when this provision conflicts with a special order of the
department of natural resources.
(3) PROHIBITED DUMPING; PROHIBITED DISCHARGES TO
STORM WATER
(a) No person may dump or deposit any garbage, waste,
hazardous material, rubbish, brush, earth or other debris or
fill into any university dumpster or garbage receptacle or
on any university lands unless authorized by the chief
administrative officer.
(b) No person may discharge pollutants to storm water or
storm sewers on or serving university lands, except where
authorized by the chief administrative officer and in
conformance with state law.
Note: Nothing in these rules precludes campus law
enforcement officers from pursuing informal educational
resolutions in lieu of prosecuting a citation in appropriate
circumstances.
UWS 18.07 Use of campus
facilities
(1) ACCESS TO ROOFS, SERVICE TUNNELS, AND MAINTENANCE
FACILITIES PROHIBITED
No person may climb into, out of, or onto any university
building, service tunnels or maintenance facilities, or walk or
climb upon any university building or roof, except when
emergency access to a fire escape is necessary, for required
maintenance, or when authorized by the chief administrative
officer.
(2) CLOSING HOURS
(a) Except as specifically provided in this code, the chief
administrative officer may establish closing hours and closed
periods for university lands, buildings, or portions thereof.
These closing hours and closed periods shall be posted in at
least one conspicuous place adjacent to or at the periphery of
the area to be closed or, in the case of buildings, on the
buildings
(b) No person, unless authorized to be present during closed
periods, may enter or remain within the designated university
lands, buildings, or portions thereof during a closed period
established under this section.
(c) For the purpose of par. (b), “person authorized to be
present” means a person authorized to be present by an order
issued pursuant to par. (a) or s. 36.35 (2), Stats.
(d) No person, except those authorized to be present after
the posted closing hour, may enter or remain in any university
arboretum or picnic area unless traversing those areas or on
park roads at the times the roads are open to the public.
(3) LIMITED ENTRANCE
The chief administrative officer may, by posting appropriate
signs, limit or prohibit entrance to university lands, or
portions thereof, in order to maintain or preserve an
instruction or research area.
(4) PICNICKING AND CAMPING
No person may picnic or camp on university lands,
except in those areas specifically designated as picnic or
camping grounds, or as authorized by the chief administrative
officer. No person may violate any rules and regulations for
picnicking or camping established and posted by the chief
administrative officer. For purposes of this subsection, camping
shall include the pitching of tents or the overnight use of
sleeping bags, blankets, makeshift shelters, motor homes,
campers or camp trailers.
(5) PROHIBITIONS ON BLOCKING ENTRANCES
No person may intentionally physically block or restrict
entrance to or exit from any university building or portion
thereof with intent to deny to others their right of ingress to,
egress from, or use of the building.
(6) RESTRICTED USE OF STUDENT CENTERS OR UNIONS
No person, except members of the student center or union,
university faculty and staff, invited guests, and
university-sponsored conference groups, may use student center
or union buildings and grounds except on occasions when, and in
those areas where, the buildings or grounds are open to the
general public.
(7) STRUCTURES
No person may place or erect any facility or structure upon
university lands unless authorized by the chief administrative
officer.
UWS 18.08 Personal conduct
prohibitions
(1) ANIMALS
(a) The presence of dogs, cats, and
other pets is prohibited in all university buildings and in
arboretums at all times except as authorized by the chief
administrative officer. The chief administrative officer may
also prohibit the presence of dogs, cats, and other pets on
other designated university lands.
(b) The presence of dogs, cats and other pets is prohibited
on all university lands not described in par. (a) unless the
animal is on a leash which is physically controlled by the
individual responsible for the animal, except as authorized by
the chief administrative officer.
(c) The chief administrative officer may not grant the
exceptions allowed under par. (a) and (b) in any outdoor area
where food is being served or where animals are otherwise
prohibited by sign-age.
(d) Any pet waste deposited on university lands shall be
removed and properly disposed of by the individual responsible
for the animal.
(e) Any individual found in violation of this subsection may
have the animal for which they are responsible impounded and be
subject to the penalty provisions in s. UWS 18.13.
(f) This section does not apply to police and service animals
when those animals are working.
(2) ATHLETIC EVENTS
(a) No person may enter onto the
playing surface of an officially sanctioned athletic event while
the event is in progress without prior authorization from the
chief administrative officer. An event is in progress from the
time when teams, officials, trainers, support staff, or bands
first reach the playing surface until the time when they have
left.
(b) As used in this subsection, “playing surface” means that
area on which the event is contested, together with the
contiguous area used by teams, officials, trainers, and support
staff.
(3) BICYCLES
No person may park or store a bicycle in buildings, on
sidewalks or driveways, or in motor vehicle parking
spaces, except in areas designated for that purpose or in
bicycle racks, or as authorized by university housing policies.
Bicycles shall be parked so as not to obstruct free passage of
vehicles and pedestrians. Bicycle riding is prohibited on
university lands when and where the intent is to perform tricks
or stunts and those tricks or stunts may result in injury to any
person or cause damage to property.
(4) DEPOSIT OF HUMAN WASTE PRODUCTS
No person may deposit human waste products upon, nor
urinate or defecate upon, any university lands or facilities
other than into a toilet or other device designed and intended
to be used to ultimately deposit such human waste products into
a septic or sanitary sewer system.
(5) IMPROPER USE OF UNIVERSITY IDENTIFICATION CARDS
(a) No person may falsify, alter or
duplicate, or request the unauthorized falsification, alteration
or duplication, of a university identification card.
(b) No person may knowingly present a false, altered or
duplicate university identification card with the intent that
such card be relied upon by university employees, university
agents, or state or local officials in connection with obtaining
services, privileges or goods.
(c) No person may knowingly use or permit another person to
use a university identification card for the purpose of making a
false statement with respect to the identity of the user, and
with the intent that such statement be relied upon by university
employees or agents in connection with obtaining university
services, privileges or goods.
(d) University officials may confiscate false, altered or
duplicate university identification cards, or university
identification cards used in violation of par. (c).
(6) PHYSICAL SECURITY COMPLIANCE (a) No person
may ignore, bypass, circumvent, damage, interfere with, or
attempt to deceive by fraudulent means, any university
authorized security measure or monitoring device, whether
temporary or permanent, that is intended to prevent or limit
access to, or enhance the security of, university lands, events,
facilities or portions thereof.
(b) No person may duplicate, falsify or fraudulently obtain a
university key or access control device, or make any
unauthorized attempt to accomplish the same.
(c) No person who is authorized to possess a university key or
access control device may transfer a university key or access
control device to an unauthorized person, nor may any
unauthorized person be in possession of a university key or
access control device.
(d) Any university key or access control device in the
possession of an unauthorized person may be confiscated by any
authorized university official.
(7) LOITERING. (a) No minor person may loiter, idle, wander or
play, either on foot or in or on any vehicle of any nature, on
university lands between the hours of 11:00 p.m. and 5:00 a.m.
on Sunday through Thursday, and the hours of midnight through
5:00 a.m. on Friday and Saturday, unless accompanied by a
parent, guardian, or other adult person having care and custody
of the minor.
(b) This subsection shall not apply to minors returning home
from functions authorized by any school or religious
organization and carrying proof of identification on their
persons, or to currently enrolled university students.
(8) MISUSE OF PARKING SERVICES. (a) No person may falsify, alter
or duplicate or request the unauthorized falsification,
alteration or duplication of any type of university parking
permit.
(b) No person may knowingly display on a vehicle, or knowingly
allow another person to display on a vehicle, a falsified,
altered, duplicated, stolen, lost or found parking permit.
(c) No person may knowingly provide false information to any
university employee or agent with the intent to obtain a valid
university parking permit.
(9) POSTINGS AND SIGNAGE. (a) No person may erect, post or
attach any notices, posters, pictures or any item of a similar
nature in or on any building or upon other university lands
except on regularly established bulletin boards, or as
authorized by the provisions of this code or by the chief
administrative officer.
(b) No person may fail to comply with a sign that reasonably
conveys prohibited behavior and that has been approved and
posted on university buildings or lands in compliance with the
university’s formal process for posting signs. This subsection
does not apply to traffic related offenses (ch. 346, Stats.).
(10) RECREATIONAL ACTIVITIES. (a) No person may swim, fish,
boat, snowmobile, ride horseback or use any type of all-terrain
or off-road vehicle on university lands except in those areas
and at times expressly designated by the chief administrative
officer and denoted by official signs.
(b) No person may dock, moor, park, or store any boats, boating
gear, snowmobiles, or similar equipment on university lands
except under conditions specified by the chief administrative
officer.
(11) SMOKING. (a) No person may smoke in any residence hall or
other university-owned or university-leased student housing or
in any location that is 25 feet or less from such residence hall
or housing.
(b) No person may smoke in any nonresidential university
building except in those areas designated for that purpose.
(12) TICKET SCALPING. (a) Every ticket or other evidence of the
right of entry to any amusement, game, contest, exhibition,
event, or performance given by or under the auspices of the
University of Wisconsin System, or an institution or center of
the University of Wisconsin System, shall be considered a
revocable license to the person to whom the ticket has been
issued and shall be transferable only on the terms and
conditions prescribed on the ticket or other evidence of the
right of entry.
(b) No person may buy or sell a ticket or other evidence of the
right of entry for more than the price printed upon the face of
the ticket.
UWS 18.09 Alcohol and drug
prohibitions
(1) ALCOHOL BEVERAGES
(a) The use or possession of alcohol
beverages is prohibited on all university premises, except in
faculty and staff housing and as permitted by the chief
administrative officer, subject to statutory age restrictions.
The chief administrative officer may generally permit the use or
possession of alcohol beverages by promulgating institutional
regulations in consultation with appropriate staff and students,
or in specific instances by written permission.
(b) No person may procure, sell, dispense or give away
alcohol beverages to any person contrary to the provisions of ch.
125, Stats.
(c) In this subsection, “alcohol beverages” means fermented
malt beverages and intoxicating liquors containing 0.5% or more
of alcohol by volume.
(d) Notwithstanding s. UWS 18.14, institutional regulations
developed pursuant to this subsection shall be reported to the
president of the system for review and approval.
(2) POSSESSION OF DRUG PARAPHERNALIA
(a) No person may use, or possess
with the primary intent to use, drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance or
controlled substance analog in violation of ch. 961, Stats.
(b) In this subsection, the term “drug paraphernalia” has the
meaning specified in s. 961.571 (1), Stats.; the term
“controlled substance” has the meaning specified in s. 961.01
(4), Stats.; and the term “controlled substance analog” has the
meaning specified in s. 961.01 (4m), Stats.
(c) In determining whether an object is drug paraphernalia
under this subsection, the factors listed in s. 961.572, Stats.,
and all other legally relevant factors, shall be considered.
(3) POSSESSION OF MARIJUANA
(a) No person may intentionally use
or possess marijuana on university lands, except when such use
or possession is authorized under ch. 961, Stats., or is
permitted under s. 961.34, Stats.
(b) In this subsection, the term “marijuana” has the meaning
specified in s. 961.01 (14), Stats.
UWS 18.10 Offenses against public
safety
(1) ASSAULTIVE BEHAVIOR
(a) No person may intentionally
strike, shove, hit, punch, kick or otherwise subject another
person to physical contact or cause bodily harm without the
consent of the person.
(b) This subsection shall not be applicable if the
individuals involved have a relationship, as defined in s.
968.075 (1) (a),
Stats., which requires a law enforcement officer to investigate
the matter as a domestic abuse incident.
(2) CONTAINERS IN SPECTATOR FACILITIES
No person may carry or possess any disposable container
within the confines of public areas in spectator facilities. As
used in this subsection “disposable container” means any bottle,
can, or other container designed or used for carrying liquids or
solids, but does not include a personally owned container
designed for reuse and originally sold or purchased exclusively
as a refillable container. The provisions of this section shall
not apply to containers used or supplied by authorized
concessionaires who are required to dispense beverages to
consumers in either paper or plastic containers.
(3) DANGEROUS WEAPONS
(a) No person may carry, possess or
use any dangerous weapon on university lands or in university
buildings or facilities, except with the written approval of the
chief administrative officer or for law enforcement purposes.
(b) No person may display or portray as real any object that
resembles a dangerous weapon on university lands or in
university buildings or facilities, except with the written
approval of the chief administrative officer.
(c) Dangerous weapons in violation of this subsection may be
confiscated and removed from university lands by police.
(d) In this subsection, the term “dangerous weapon” has the
meaning specified in s. 939.22 (10), Stats.
(4) FIRE SAFETY
(a) No person may light, build or
use, or cause another to light, build or use, any fires,
including but not
limited to burning candles, burning incense or gas or charcoal
cooking appliances, on university lands or in university
facilities except in such places as are established for these
purposes and designated by the chief administrative officer.
(b) No person may handle burning material in a highly
negligent manner. In this subsection, burning material is
handled in a highly negligent manner if it is handled under
circumstances in which the person should realize that a
substantial and unreasonable risk of serious damage to another’s
property is created.
(c) No person may throw away any cigarette, cigar, pipe ash
or other burning material without first extinguishing it.
(d) No person may interfere with, tamper with or remove,
without authorization, any smoke detector, fire extinguisher,
fire hose, fire hydrant or other fire fighting equipment.
(e) No person may intentionally give a false fire alarm,
whether by means of a fire alarm system or otherwise.
(f) No person may deface, remove, tamper with or obstruct
from view any sign which has been posted to provide directions
for fire or emergency exits from university facilities.
(g) No person may remain in any university facility or on
university lands when an audible or visual fire alarm has been
activated or upon being notified by fire fighting, law
enforcement or security personnel to evacuate.
(5) OPERATION OF A MOTOR VEHICLE OFF ROADWAYS
No person shall operate an unauthorized motor vehicle
or motorized device, including 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.
(6) POSSESSION OF FIREWORKS
(a) No person may possess or use
fireworks on university lands without authorization from the
chief administrative officer.
(b) In this subsection, the term “fireworks” has the meaning
specified in s. 167.10 (1), Stats.
(7) RESISTING OR OBSTRUCTING POLICE OFFICERS
(a) No person may knowingly resist
or obstruct a university police officer while that officer is
doing any act in an official capacity and with lawful authority.
(b) In this subsection, “obstruct” includes without
limitation knowingly giving false information or knowingly
placing physical evidence with the intent to mislead a
university police officer in the performance of his or her duty.
(8) PLAY VEHICLES
No person may use a skateboard, roller skates, roller
blades, in-line skates, or any similar wheeled
devices, a toboggan, or a sled anywhere on university lands,
except as designated by the chief administrative officer.
(9) THROWING HARD OBJECTS
No person may, in a manner likely to cause physical
harm or property damage, throw, drop, kick, hit or otherwise
project any hard object, bottle, can, container, snowball or
other item of a similar nature on university lands or within or
from within university buildings or facilities.
UWS 18.11 Offenses against public
peace and order
(1) COMPUTER USE
(a) No person may, with intent to harass, annoy or offend
another person, send a message to the person on an electronic
mail or other computerized communication system and in that
message use any obscene, lewd or profane language or suggest any
lewd or lascivious act.
(b) No person may, with intent to harass, annoy or offend
another person, send a message on an electronic mail or other
computerized communication system with the reasonable
expectation that the person will receive the message and in that
message use any obscene, lewd or profane language or suggest any
lewd or lascivious act.
(c) No person may, with intent solely to harass another
person, send repeated messages to the person on an electronic
mail or other computerized communication system.
(d) No person may, with intent solely to harass another
person, send repeated messages on an electronic mail or other
computerized communication system with the reasonable
expectation that the person will receive the messages.
(e) No person may, with intent to harass or annoy another
person, send a message to the person on an electronic mail or
other computerized communication system while intentionally
preventing or attempting to prevent the disclosure of his or her
own identity.
(f) No person may, while intentionally preventing or
attempting to prevent the disclosure of his or her identity and
with intent to harass or annoy another person, send a message on
an electronic
mail or other computerized communication system with the
reasonable expectation that the person will receive the message.
(g) No person may knowingly permit or direct another person
to send a message prohibited by this subsection from any
computer terminal or other device that is used to send messages
on an electronic mail or other computerized communication system
and that is under his or her control.
(2) DISORDERLY CONDUCT No person may engage in
violent, abusive, indecent, profane, boisterous, unreasonably
loud or
otherwise disorderly conduct under circumstances in which the
conduct tends to cause or provoke a disturbance, in university
buildings or on university lands.
(3) IMPROPER USE OF TELEPHONES
(a) No person may make or cause the
telephone of another repeatedly to ring with intent to harass
any person at the called number.
(b) No person may make repeated telephone calls, whether or
not conversation ensues, with intent to harass any person at the
called number.
(c) No person may intentionally use an emergency telephone in
a university building or on university lands when the person
knows or reasonably should know that no emergency exists.
(d) No person, with the intent to harass or offend, may
telephone another and use any obscene, lewd or profane language
or suggest any lewd or lascivious act.
(e) No person, with the intent to harass any person at the
called number, may make a telephone call, whether or not
conversation ensues, without disclosing his or her identity.
(f) No person may knowingly permit any telephone under his or
her control to be used for any purpose prohibited by this
subsection.
(4) PICKETING, RALLIES, PARADES, DEMONSTRATIONS AND
OTHER ASSEMBLIES
(a) In order to preserve the order
which is necessary for the enjoyment of freedom by members of
the university community, and in order to prevent activities
which physically obstruct access to university lands or
buildings and prevent the university from carrying on its
instructional, research, public service, or administrative
functions, any picketing, rally, parade, demonstration, other
assembly, or congregation of spectators to such activity may be
declared unlawful if its participants:
1. Intentionally gather or
intentionally remain assembled outside any university building
in such numbers, in such proximity to each other or in such
fashion as to physically hinder entrance to, exit from, or
normal use of the building.
2. Intentionally congregate or
assemble within any university building in such fashion as to
obstruct or seriously impair university-sponsored or
university-authorized activities, or in such fashion as to
violate any of the following conditions:
a. No group
may be admitted into the private office of any faculty member or
other university employee unless invited by the authorized
occupant of that office, and then not in excess of the number
designated or invited by that person.
b. No group
may obstruct or seriously impair passage through corridors,
stairways, doorways, building entrances, fire exits, and
reception areas leading to offices.
c. No group,
not authorized to do so by the person in immediate charge of the
room, or by a person designated by the chief administrative
officer to approve requests for the use of rooms for meetings,
may enter or occupy any university building or part thereof.
d. No group
may assemble immediately outside rooms at times when they are
normally in use for classes, study, or research.
e. No signs
supported by standards or sticks shall be permitted in any
assembly in a university building.
3. Intentionally create a volume of
noise that unreasonably interferes with university-sponsored or
university-authorized activities.
4. Intentionally employ force or
violence, or intentionally constitute an immediate threat of
force or violence, against members of the university community
or university property.
(b) For the purpose of par. (a), “intentionally” means that
the participant or spectator knew or reasonably should have
known that his/her conduct by itself or in conjunction with the
conduct of others would have the prohibited effect.
(c) The chief administrative officer may designate a
university official or officials who shall have primary
authority to implement par. (a). He/she may prescribe
limitations for any picketing, rally, parade, demonstration or
other assembly in order that it will meet the requirements of
par. (a). When informed of any picketing, rally, parade,
demonstration, or other assembly which may not comply with par.
(a), the chief administrative officer or the designee may
proceed immediately to the site and determine if there is
compliance with par. (a). If he/she finds a violation of par.
(a), he/she may declare the assembly unlawful or he/she may
prescribe those limitations on numbers, location or spacing of
participants in the demonstration which are reasonably necessary
to ensure compliance with par. (a). If he/she prescribes
limitations, and if his/her limitations are not observed by the
assembly, he/she may then declare the assembly unlawful. Any
declaration of illegality or prescription of limitations shall
be effective and binding upon the participants in the assembly
unless and until modified or reversed.
(d) Any participant or spectator within the group
constituting an unlawful assembly who intentionally fails or
refuses to withdraw from the assembly after it has been declared
unlawful under this section shall be subject to immediate arrest
and liable to the penalties of s. UWS 18.13.
(5) SOUND-AMPLIFYING EQUIPMENT
(a) In order to permit the use of sound-amplifying equipment
on university lands, if needed for the dissemination of ideas to
large audiences, but to prevent its use from interfering with
university functions which inherently require quiet, the
following provisions shall apply:
1. No person may use sound-amplifying
equipment on any lands without the permission of the chief
administrative officer, except as provided in par. (b).
2. In granting or denying permission,
the following principles shall govern:
a. Except in
extraordinary circumstances, permission may be granted to use
the equipment only during the following hours, 12 noon to 1:30
p.m. and 5:00 p.m. to 7:00 p.m. every day, and only when the
equipment is more than 50 feet from and directed away from any
classroom building, residence hall, library or building being
used as a study hall.
b. An
applicant for permission shall have the burden of establishing
the need for amplification to communicate with the anticipated
audience. In particular, the applicant must show that the
audience can reasonably be anticipated to include at least 250
people.
c. An
applicant for permission shall have the burden of establishing
that the volume and direction of the sound from the equipment
will minimize interference with other activities.
3. Any request for the permission
required by this section must be submitted in writing to the
chief administrative officer at least 24 hours prior to the
intended use of the sound-amplifying equipment and must be
signed by a student or employee of the institution where the
equipment is to be used. The request shall contain:
a. The
proposed hours, date and location where the equipment is to be
used.
b. The size
of the anticipated audience and the reasons why the equipment is
needed.
c. A
description of the proposed equipment which includes the
manufacturer, model number, and wattage.
d. The names
of the owner of the equipment and of any person or persons, in
addition to the person signing the application, who will be
responsible for seeing that the equipment is operated in
compliance with the terms of the permit and the provisions of
this rule. The chief administrative officer may require the
presence of additional persons if said officer believes this is
necessary to ensure compliance.
(b) Permits issued by the chief administrative officer shall
not be required for the use of university sound-amplifying
equipment used with the permission of the university employee
having control of the equipment for authorized university
classes, research, or meetings in university buildings, or for
university sponsored academic, recreational or athletic
activities, or for crowd control by authorized university
officials.
(c) For the purpose of this section, “sound-amplifying
equipment” means any device or machine which is capable of
amplifying sound and capable of delivering an electrical input
of one or more watts to the loudspeaker.
(6) PERSONS PROHIBITED FROM ENTERING UNIVERSITY
BUILDINGS
(a) University buildings and the
university-authorized activities that occur therein are
primarily dedicated to the support of the university mission of
teaching, research and service. No person may be present in any
university building if his or her presence or behavior
interferes with this purpose or with the university’s
administrative operations, is in violation of a university
policy, rule, regulation or any other provision of this chapter,
or is without the consent of an authorized university official
or faculty member.
(b) Persons present in any class, lecture, laboratory,
orientation, examination, or other instructional session shall
be enrolled and in good standing or shall have the consent of an
authorized university official or faculty member to be
considered legally present.
(7) PERSONS PROHIBITED FROM ENTERING UNIVERSITY LANDS
(a) No person, who is in a state of suspension or expulsion
from the university under ch. UWS 17, or who takes leave or
resigns under charges after being charged by the university
under ch. UWS 17, may enter the university lands of any
institution without the written consent of the chief
administrative officer.
(b) No person who is convicted of any crime involving danger
to property or persons as a result of conduct by him or her on
university lands may enter any university lands within 2 years
of the effective date of his or her conviction without the
written consent of the chief administrative officer.
(c) In granting or denying consent to enter a campus under s.
36.35 (3), Stats., or par. (a) or (b), the following shall be
considered:
1. The probability that the offensive
conduct will be continued or repeated by the applicant.
2. The need for the applicant to
enter university lands, for example, to attend a university
disciplinary hearing in which the applicant is being tried or is
to be a witness, or to receive treatment in university
hospitals.
(d) No person who has been determined to have committed
serious or repeated violations of ss. UWS 18.06 to 18.12 and to
whom the chief administrative officer has issued a written order
prohibiting entry on university lands may enter the university
lands of that institution.
(e) The provisions of this section in no way limit the chief
administrative officer from issuing a written order barring any
person from entering the university lands of that institution in
accordance with the chief administrative officer’s
responsibility for the health, safety, and welfare of the
university.
(f) For the purposes of s. 36.35 (3), Stats., and par. (b),
“crime involving danger to property or persons” shall mean any
crime defined in ch. 940, Stats. (crimes against life and bodily
security); s. 941.12, Stats. (interfering with fire fighting);
s. 941.13, Stats. (false alarms); s. 941.20, Stats. (endangering
safety by use of dangerous weapon); s. 941.21, Stats. (disarming
a peace officer); s. 941.23, Stats. (carrying concealed weapon);
s. 941.235, Stats. (carrying firearm in public building); s.
941.24, Stats. (possession of switchblade knife); s. 941.26,
Stats. (machine guns and other weapons); s. 941.28, Stats.
(possession of short-barreled shotgun or short-barreled rifle);
s. 941.29, Stats. (possession of firearm); s. 941.295, Stats.
(possession of electric weapon); s. 941.30, Stats. (recklessly
endangering safety); s. 941.32, Stats. (administering dangerous
or stupefying drug); s. 941.37, Stats. (obstructing emergency or
rescue personnel); s. 943.01, Stats. (criminal damage to
property); s. 943.02, Stats. (arson of buildings; damage of
property by explosives); s. 943.03, Stats. (arson of property
other than building); s. 943.05, Stats. (placing of combustible
materials an attempt); s. 943.06, Stats. (Molotov cocktails); s.
943.10, Stats. (burglary); s. 943.11, Stats. (entry into locked
vehicle); s. 943.14,
Stats. (criminal trespass to dwellings); s. 943.32, Stats.
(robbery); s. 944.20, Stats. (lewd and lascivious behavior); s.
946.41, Stats. (resisting or obstructing officer); s. 947.015,
Stats. (bomb scares); s. 167.10, Stats. (fireworks regulated);
or attempts to commit any of the above crimes as defined in s.
939.32, Stats.
(8) SELLING, PEDDLING AND SOLICITING
No person may sell, peddle or solicit for the sale of
goods, services, or contributions on any university lands except
in the case of:
(a) Specific permission in advance from a specific university
office or the occupant of a university house, apartment, or
residence hall for a person engaged in that activity to come to
that particular office, house, apartment, or residence hall for
that purpose.
(b) Sales by an individual of personal property owned or
acquired by the seller primarily for his/her own use pursuant to
an allocation of space for that purpose by an authorized
university official.
(c) Sales of newspapers and similar printed matter outside
university buildings.
(d) Subscription, membership, ticket sales solicitation,
fund-raising, selling, and soliciting activities by or under the
sponsorship of a university or registered student organization
pursuant to a contract with the university for the allocation or
rental of space for that purpose.
(e) Admission events in a university building pursuant to
contract with the university, and food, beverage or other
concessions conducted pursuant to a contract with the
university.
(f) Solicitation of political contributions under ch. 11,
Stats., and institutional regulations governing time, place and
manner.
(9) CAMPAIGNING IN STATE-OWNED RESIDENCE HALLS
(a) The residence halls students of each institution, subject
to the approval of the chief administrative officer, shall
establish policies and procedures assuring that political
literature may be distributed and political campaigning may be
conducted in state-owned residence halls consistent with the
rights of residence halls students, and prescribing the time,
place and manner in which these activities may be conducted.
(b) Where appropriate and consistent with the rights of
residence halls students, the policies and procedures developed
under this subsection shall apply to all residence halls at an
institution. Matters to be addressed in institutional policies
and procedures shall include at least the following:
1. The hours of the day and the time
of year, if any, to which particular activities shall be
limited.
2. The locations in residence halls,
if any, to which particular activities shall be limited.
3. Any requirement for registering or
obtaining permission to enter a residence hall before engaging
in a particular activity.
(c)
Notwithstanding s. UWS 18.14, institutional policies and
procedures developed pursuant to this subsection shall be
reported to the board of regents for approval.
(d) Institutional policies and procedures developed pursuant
to this subsection shall be available at each residence hall, at
the office of each chief administrative officer of an
institution, and at the office of the secretary to the board of
regents.
UWS 18.12 Property offenses
(1) COMPUTER DATA, PROGRAMS, EQUIPMENT OR SUPPLIES
No person may willfully, knowingly and without authorization do
or attempt to do any of the following:
(a) Modify, destroy, access, take possession of or copy data,
computer programs or supporting documentation;
(b) Disclose restricted access codes or other restricted
access information to a person not authorized to possess such
codes or information;
(c) Modify, destroy, use, take or damage a computer, computer
system or computer network;
(d) Modify, destroy, use, take or damage any equipment or
supplies used, or intended to be used, in a computer, computer
system or computer network.
(e) Cause an interruption in service by submitting a message
or multiple messages to a computer, computer program, computer
system, or computer network that exceeds the processing capacity
of the computer, computer program, computer system, or computer
network.
(2) FRAUD IN UNIVERSITY ACCOMMODATIONS OR EATING PLACES
(a) No person may, after having received any food, lodging or
other service or accommodation at any university housing
facility or eating place, intentionally abscond without paying
for it.
(b) No person may, while in any university housing or lodging
facility or eating place, intentionally defraud the university
or its employees or agents in charge of the facility or eating
place, in any transaction arising out of the relationship as a
user of the housing or lodging facility or eating place.
(c) In this subsection, prima facie evidence that the person
intentionally absconded without paying for the food, lodging or
other service or intentionally defrauded the university or its
employees or agents has the meaning and includes the items of
proof set forth in s. 943.21 (2), Stats.
(3) ISSUE OF WORTHLESS CHECK
(a) No person may issue any check or other order for the
payment of money in an amount not more than $2,500 which, at the
time of issuance, he or she intends shall not be paid.
(b) In this subsection, prima facie evidence that the person,
at the time he or she issued the check or other order for the
payment of money, intended it should not be paid, has the
meaning and includes the items of proof set forth in s. 943.24,
Stats.
(c) This subsection does not apply to a postdated check or to
a check given for past consideration, except a payroll check.
(4) LIBRARY MATERIALS
(a) No person may intentionally take, carry away, transfer,
conceal or retain possession of any library material without the
consent of a library official, agent or employee and with the
intent to deprive the library of possession of the material.
(b) The concealment of library material beyond the last
station for borrowing library material in a library is evidence
of intent to deprive the library of possession of the material.
The discovery of library material which has not been borrowed in
accordance with the library’s procedures or taken with consent
of a library official, agent or employee and which is concealed
upon the person or among the belongings of the person or
concealed by a person upon the person or among the belongings of
another is evidence of intentional concealment on the part of
the person so concealing the material.
(5) RETAIL THEFT
(a) No person may intentionally alter indicia of price or
value of merchandise or take and carry away, transfer, conceal
or retain possession of merchandise held for resale by a
merchant, or property of the merchant, without his or her
consent
and with intent to deprive the merchant permanently of
possession, or the full purchase price of the merchandise.
(b) No person may intentionally remove a theft detection
device from merchandise, or use a theft detection shielding
device, without the merchant’s consent and with intent to
deprive the merchant permanently of possession, or the full
purchase price of the merchandise.
(c) In this subsection, “merchant” includes any “merchant” as
defined in s. 402.104 (3), Stats., and any vendor or bookstore
authorized to sell in university buildings or on university
lands.
(d) In this subsection, “theft detection device” means any
tag or other device that is used to prevent or detect theft and
that is attached to merchandise held for resale by a merchant or
to property of a merchant, and “theft detection shielding
device” means any laminated or coated bag or device designed to
shield such merchandise from detection by an electronic or
magnetic theft alarm sensor.
(6) THEFT
(a) No person may intentionally take and carry away, use,
transfer, conceal, or retain possession of movable property of
another with a value of under $100, without consent and with the
intent to deprive the owner permanently of such property.
(b) No person may intentionally take and carry away, use,
transfer, conceal, or retain possession of movable property of
another with a value of at least $100 but not more than $1,000,
without consent and with the intent to deprive the owner
permanently of such property.
(7) USE OF CHEATING TOKENS
No person may obtain the property or services of another by
depositing anything which he or she
knows is not lawful money or is an unauthorized token in any
receptacle used for the deposit of coins or tokens.
(8) VANDALISM
No person may break, tear up, mar, destroy or deface any notice,
tree, vine, shrub, flower or other vegetation, or dislocate any
stones, or disfigure natural conditions, or deface, alter,
destroy or damage in any way any other property, real or
personal, within the boundaries of any university lands unless
authorized by the chief administrative officer.
UWS 18.13 Penalties
Unless otherwise specified, the penalty for violating
any of the rules in ss. UWS 18.06 to 18.12 shall be a forfeiture
of not more than $500, as provided in s. 36.11 (1) (c), Stats.
Note: Violations of the rules in ss. UWS 18.06 to 18.12 will be
processed in accordance with the citation procedure established
in s. 778.25, Stats.
UWS 18.14 Institutional regulations
Institutional regulations promulgated under ss. UWS
18.04 to 18.12 shall take effect when filed with the secretary
of the board.
UWS 18.15 Additional statutory
penalty provisions regulating conduct on university lands
(1) CONTROLLED SUBSTANCES
The use or possession of controlled substances as defined in s.
961.01 (4), Stats., is prohibited on all university property
with the specific exemptions set forth in ch. 961, Stats., and
as permitted under s. 961.34, Stats. The penalty provisions of
ch. 961, Stats., and chs. UWS 17 and 18 may apply to violations
occurring on university lands.
(2) STUDENT CONVICTED OF DANGEROUS AND OBSTRUCTIVE CRIME
Section 36.35 (3), Stats., provides: “Any person who is
convicted of any crime involving danger to property or persons
as
a result of conduct by him which obstructs or seriously impairs
activities run or authorized by an institution and who, as a
result of such conduct, is in a state of suspension or expulsion
from the institution, and who enters property of that
institution without permission of the chancellor of the
institution or the chancellor’s designee within 2 years, may for
each such offense be fined not more than $500 or imprisoned not
more than 6 months, or both.”