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Board of Regents of the University of Wisconsin System v. State6/28/2002
on your conduct, as related by four officers of this Department, that during the first week of November, 1995 you related racially demeaning jokes to them while in the performance of your duties as a police sergeant. Regardless of the motivation for relating such jokes, this conduct exhibits unprofessional behavior, demonstrates a lack of sensitivity and creates a hostile environment within a diverse workplace.
The letter also warned that "any further violation of work rules will result in further disciplinary action, up to and including discharge."
. After this letter was issued, an investigation into Brenon's conduct continued. UWM received information from one female police cadet concerning sexist and racist comments and jokes told by Brenon as well as alleged dishonest conduct by Brenon in the performance of his duties. In addition, UWM received a report from another female officer who stated that Brenon harassed her and made several sexual comments and jokes to her. Several other officers were also interviewed.
. Clark and UWM Labor Relations Manager Shannon Bradbury met with Brenon. During the meeting, Brenon admitted to making several inappropriate jokes and comments, but denied telling racial jokes after notification of his suspension.
. Clark later notified Brenon to report to a pre-disciplinary hearing on February 5, 1996. The notice identified the hearing subject matter as "allegations of [Brenon] making sexually explicit and demeaning comments and jokes to subordinates, . . . allegations of retaliation against subordinates in violation of UW System Work Rules and the University of Wisconsin-Milwaukee Sexual Harassment Policy, and continuing inappropriate activity subsequent to his suspension." Clark and Bradbury met with Brenon on February 5. During the meeting, Clark informed Brenon of the allegations against him and told him that UWM was considering disciplinary action against him ranging from a 30-day suspension without pay to discharge.
. UWM discharged Brenon effective February 11, 1996. A February 9, 1996 letter provided the following explanation for this disciplinary action:
This termination is based on other complaints of your conduct, untruthfulness uncovered in the course of the investigation of those complaints and your retaliation against subordinates who cooperated in those investigations. Specifically, complaints were received that subsequent to your learning of your 10 day suspension, you continued to tell jokes to subordinate officers substituting "Irishman" for other ethnic groups. Additionally, new complaints were received about your making sexually explicit and demeaning comments, telling ethnically and sexually demeaning jokes.
These examples are not an exhaustive list, but merely indicative of a much larger problem of continuing inappropriate and abusive treatment of subordinates and co-workers which cannot be tolerated in a UWM Police Department supervisor. Your behavior is all the more unacceptable in light of the frequent and numerous training programs you have attended on proper supervisory practices, appropriate interpersonal relations in the workplace, and dealing with the sensitive issues of diversity in a campus environment.
. Brenon appealed his suspension and his termination to the Commission pursuant to Wis. Stat. ยง 230.44(1)(c) (1999-2000). He sought review on whether UWM had just cause for its disciplinary decisions and whether either decision constituted excessive discipline.
. On October 7, 1997, Commissioner Donald Murphy issued a proposed decision and order on Brenon's appeal. In it, Commissioner Murphy concluded that UWM had violated Brenon's
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