State Codes and Statutes

Statutes > Wisconsin > 36 > 36.12

36.12

36.12 Student discrimination prohibited.

36.12(1)

(1) No student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.

36.12(2)

(2)

36.12(2)(a)

(a) The board shall direct each institution to establish policies and procedures to protect students from discrimination under sub. (1). The policies and procedures shall do all of the following:

36.12(2)(a)1.

1. Provide criteria for determining whether sub. (1) has been violated.

36.12(2)(a)2.

2. Provide remedies and sanctions for violations of sub. (1).

36.12(2)(a)3.

3. Require a complainant to file a complaint with the institution within 300 days of the alleged violation of sub. (1).

36.12(2)(a)4.

4. Provide periods within which the complainant and the institution must act for each procedural step leading to the issuance of a final decision and for appeal of the final decision to the chancellor of the institution.

36.12(2)(b)

(b) The board shall establish policies and procedures for the appeal of the chancellor's or dean's decision to the board.

36.12(3)

(3) By September 1, 1991, 1992, 1993, and 1994, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall specify all of the following for the previous academic year:

36.12(3)(a)

(a) The number of complaints received at each institution alleging a violation of sub. (1) and the disposition of each such complaint.

36.12(3)(b)

(b) The number of requests for review received by the board and the disposition of each such request.

36.12 - ANNOT.

History: 1989 a. 186; 1997 a. 237.

36.12 - ANNOT.

The exclusion of contraceptives from an employer or college or university sponsored benefits program that otherwise provides prescription drug coverage violates Wisconsin law prohibiting sex discrimination in employment and in higher education, ss. 111.31 to 111.395, 36.12, and 38.23. OAG 1-04.

36.12 - ANNOT.

Student body diversity is a compelling state interest that can justify the use of race in university admissions. A race-conscious admissions program cannot use a quota system, but may consider race or ethnicity as a plus factor for an applicant, without insulating the individual from comparison with all other candidates for the available seats. An admissions program must be flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant, and to place them on the same footing for consideration, although not necessarily according them the same weight. Race-conscious admissions policies must be limited in time. Grutter v. Bollinger, 539 U.S. 306, 123 S. Ct. 2325 (2003). See also Gratz v. Bollinger, 539 U.S. 244, 156 L. Ed. 2d 304, 123 S. Ct. 2411 (2003).