Sexual Misconduct and Intimate Partner Violence

Sexual Misconduct and Intimate Partner Violence

 SEX OFFENSES, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING

Preventing and Responding to Domestic Violence, Dating Violence, Sexual Assault, and Stalking

The University of Wisconsin-Whitewater (UWW) prohibits the crimes of domestic violence, dating violence, sexual assault, stalking, or other forms of sexual misconduct. Offenders may be subject to appropriate campus adjudication processes, disciplinary action, and/or criminal proceedings. UWW utilizes procedures that provide prompt, fair, and impartial investigation and resolution in cases involving domestic violence, dating violence, sexual assault, and stalking. These procedures are carried out by officials who receive specific annual training.

Sexual violence is a form of sexual harassment and services are available to students, faculty, and staff who experience sexual violence, domestic violence, dating violence, and instances of stalking. In these situations, UWW is committed to providing crisis intervention measures for students, faculty, and staff, as well as appropriate administrative response for the complainant and respondent; referring individuals to criminal authorities; and educating and promoting discussion on interpersonal abuse and violence issues. The University’s process does not preclude adjudication under state law.

UWW prohibits retaliation by its officers, employees, students, or agents against a person who exercises their rights or responsibilities under any provision federal or state law, including Title IX and the Violence Against Women Reauthorization Act (VAWA), or this policy.

Definitions

The Wisconsin State Legislature utilizes the following definitions:

940.225 Sexual assault

(1)  First degree sexual assault. Whoever does any of the following is guilty of a Class B felony:

(a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.

(b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.

(c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

 (2) Second degree sexual assault. Whoever does any of the following is guilty of a Class C felony:

(a) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

(b) Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.

(c) Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person's conduct, and the defendant knows of such condition.

(cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.

(d) Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.

(f) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.

(g) Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.

(h) Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.

(i) Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent's supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.

(j) Is a licensee, employee, or nonclient resident of an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity.

 (3) Third degree sexual assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a person without the consent of that person is guilty of a Class G felony.

 (3m) Fourth degree sexual assault. Except as provided in sub. (3), whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.

 (4) Consent. "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2):

(b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.

(c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

 (5) Definitions. In this section:

(abm) "Client" means an individual who receives direct care or treatment services from an entity.

(acm) "Correctional institution" means a jail or correctional facility, as defined in s. 961.01 (12m), a juvenile correctional facility, as defined in s. 938.02 (10p), or a juvenile detention facility, as defined in s. 938.02 (10r).

(ad) "Correctional staff member" means an individual who works at a correctional institution, including a volunteer.

(ag) "Inpatient facility" has the meaning designated in s. 51.01 (10).

(ai) "Intoxicant" means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, or other drug, or any combination thereof.

(ak) "Nonclient resident" means an individual who resides, or is expected to reside, at an entity, who is not a client of the entity, and who has, or is expected to have, regular, direct contact with the clients of the entity.

(am) "Patient" means any person who does any of the following:

1. Receives care or treatment from a facility or program under s. 940.295 (2) (b), (c), (h) or (k), from an employee of a facility or program or from a person providing services under contract with a facility or program.

2. Arrives at a facility or program under s. 940.295 (2) (b), (c), (h) or (k) for the purpose of receiving care or treatment from a facility or program under s. 940.295 (2) (b), (c), (h) or (k), from an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k), or from a person providing services under contract with a facility or program under s. 940.295 (2) (b), (c), (h) or (k).

(ar) "Resident" means any person who resides in a facility under s. 940.295 (2) (b), (c), (h) or (k).

(b) "Sexual contact" means any of the following:

1. Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under s. 940.19 (1):

a. Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.

b. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.

2. Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.

3. For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant's body, whether clothed or unclothed.

(c) "Sexual intercourse" includes the meaning assigned under s. 939.22 (36) as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required.

(d) "State treatment facility" has the meaning designated in s. 51.01 (15).

 

968.075 Domestic abuse incidents; arrest and prosecution

(1)  Definitions. In this section:

(a) "Domestic abuse" means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common:

1. Intentional infliction of physical pain, physical injury or illness.

2. Intentional impairment of physical condition.

3. A violation of s. 940.225 (1), (2) or (3).

4. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described under subd. 1., 2. or 3.

(b) "Law enforcement agency" has the meaning specified in s. 165.83 (1) (b).

(d) "Party" means a person involved in a domestic abuse incident.

(e) "Predominant aggressor" means the most significant, but not necessarily the first, aggressor in a domestic abuse incident.

 (2) Circumstances requiring arrest; presumption against certain arrests.

(a) Notwithstanding s. 968.07 (1) and except as provided in pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if:

1. The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person's actions constitute the commission of a crime; and

2. Any of the following apply:

a. The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely.

b. There is evidence of physical injury to the alleged victim.

c. The person is the predominant aggressor.

(am) Notwithstanding s. 968.07 (1), unless the person's arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor.

(ar) In order to protect victims from continuing domestic abuse, a law enforcement officer shall consider all of the following in identifying the predominant aggressor:

1. The history of domestic abuse between the parties, if it can be reasonably ascertained by the officer, and any information provided by witnesses regarding that history.

2. Statements made by witnesses.

3. The relative degree of injury inflicted on the parties.

4. The extent to which each person present appears to fear any party.

5. Whether any party is threatening or has threatened future harm against another party or another family or household member.

6. Whether either party acted in self-defense or in defense of any other person under the circumstances described in s. 939.48.

(b) If the officer's reasonable grounds for belief under par. (a) 1. are based on a report of an alleged domestic abuse incident, the officer is required to make an arrest under par. (a) only if the report is received, within 28 days after the day the incident is alleged to have occurred, by the officer or the law enforcement agency that employs the officer.

 

940.32 Stalking.

(1) In this section:

(a) "Course of conduct" means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

1. Maintaining a visual or physical proximity to the victim.

2. Approaching or confronting the victim.

3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.

4. Appearing at the victim's home or contacting the victim's neighbors.

5. Entering property owned, leased, or occupied by the victim.

6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

6m. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.

7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim's family or household or an employer, coworker, or friend of the victim.

8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.

9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.

10. Causing a person to engage in any of the acts described in subds. 1. to 9.

(am) "Domestic abuse" has the meaning given in s. 813.12 (1) (am).

(ap) "Domestic abuse offense" means an act of domestic abuse that constitutes a crime.

(c) "Labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(cb) "Member of a family" means a spouse, parent, child, sibling, or any other person who is related by blood or adoption to another.

(cd) "Member of a household" means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.

(cg) "Personally identifiable information" has the meaning given in s. 19.62 (5).

(cr) "Record" has the meaning given in s. 19.32 (2).

(d) "Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, or tormented.

 (2) Whoever meets all of the following criteria is guilty of a Class I felony:

(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household.

(b) The actor knows or should know that at least one of the acts that constitute the course of conduct will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.

(c) The actor's acts cause the specific person to suffer serious emotional distress or induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

 (2e) Whoever meets all of the following criteria is guilty of a Class I felony:

(a) After having been convicted of sexual assault under s. 940.225, 948.02, 948.025, or 948.085 or a domestic abuse offense, the actor engages in any of the acts listed in sub. (1) (a) 1. to 10., if the act is directed at the victim of the sexual assault or the domestic abuse offense.

(b) The actor knows or should know that the act will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.

(c) The actor's act causes the specific person to suffer serious emotional distress or induces fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.

 (2m) Whoever violates sub. (2) is guilty of a Class H felony if any of the following applies:

(a) The actor has a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v), or (1x).

(b) The actor has a previous conviction for a crime, the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.

(c) The actor intentionally gains access or causes another person to gain access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation.

(d) The person violates s. 968.31 (1) or 968.34 (1) in order to facilitate the violation.

(e) The victim is under the age of 18 years at the time of the violation.

 (3) Whoever violates sub. (2) is guilty of a Class F felony if any of the following applies:

(a) The act results in bodily harm to the victim or a member of the victim's family or household.

(b) The actor has a previous conviction for a violent crime, as defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r), (1t), (1v) or (1x), the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.

(c) The actor uses a dangerous weapon in carrying out any of the acts listed in sub. (1) (a) 1. to 9.

 (3m) A prosecutor need not show that a victim received or will receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2) (c) or (2e) (c).

 (4) 

(a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to, any of the following:

1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.

2. Assembling peaceably.

3. Peaceful picketing or patrolling.

(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.

 (5) This section does not apply to conduct arising out of or in connection with a labor dispute.

 (6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.

 

Bystander Intervention

Many people think that sexual assault only affects the victim, when in fact entire families, friend groups, and communities are hurt. Campuses suffer from the victims who drop out, the perpetrators who cause fear, and the classrooms that are distracted. It’s simple. If you see something, say something.

-          Before it even happens, listen up for rape jokes and sexist language. You don’t have to laugh or participate.

-          If you witness something happening, step in. Create a diversion. Even if you don’t know the person who looks in trouble, you can still help. Get them to a safe place. Remember, it’s your campus, so it’s your business.

-          You can be a bystander even after an assault. Learn what options rape victims have available to them on this campus and be supportive of their choices.

Risk Reduction

Preventing Perpetration and Protecting Yourself: Strategies to Prevent Perpetration

-          Understand and respect your partner’s limits.

-          Men who use sexually callous language are more likely to perpetrate sexual assault. The next time you hear yourself or someone else talking about women or sex in a derogatory way, stop. Speak up when you hear others talk this way— men or women!

-          Know your own sexual limits.

-          Learn more about how men and women communicate differently.

-          Listen to or read the story of a survivor.

-          Make sure you have consent. Consent is a clear and freely given yes, not the absence of a no. People who are incapacitated by alcohol or drugs cannot give consent.

 

Strategies to Protect Yourself:

-          Practice being assertive about your boundaries.

-          If saying NO or STOP is too hard, consider creating a diversion so you can leave.

-          Enroll in Chimera or another self-defense program that focuses on sexual assault.

-          Set your drinking limits before you start drinking.

-          Get your own drinks; don’t let someone continually fill your cup or leave your drink unattended.

 

Signs of an abusive dating partner may include:

-          Calls you names, insults you, or continually criticizes you

-          Does not trust you and acts possessive or jealous

-          Tries to isolate you from family or friends

-          Monitors where you go, who you call, and who you spent time with

-          Controls finances or refuses to share money

-          Punishes you by withholding affection

-          Expects you to ask permission

-          Threatens to hurt you, your family, your pets, or belongings

-          Threatens and/or uses a weapon against you

-          Has ever forced, coerced, or manipulated you into having sex or performing sexual acts

-          Accuses you of cheating or is often jealous of your relationships with others of the opposite gender

-          Trapped you in your apartment or dorm room and kept you from leaving

-          IM, text messages, and calls you obsessively to find out where you are and what you are doing

 

Remember, sexual assault, dating violence, and stalking are never the fault of the victim; they are the choice of the perpetrator.

Services and Reporting Options for Victims/Survivors: Common Questions

Students who experience sexual assault, dating violence, and/or stalking have many options and services available to them on and off campus, including counseling; victim advocacy; access to the criminal and campus disciplinary systems; medical attention. All of these services are available to students regardless of their choice to report the incident to law enforcement, and most are free.

Sexual Assaults should be immediately reported to the UWW Police at 262-472-4660. In addition, individuals may also report a sex offense to UW-Whitewater’s Title IX Coordinator (Dr. Elizabeth Ogunsola, Hyer Hall, Room 330, 262-472-5669, ogunsole@uww.edu). This office is responsible for coordinating the institution's compliance with Title IX. The institution's sexual harassment policy, including a description of the grievance procedures can be found at: www.uww.edu/sexual-misconduct-information.

A victim has the option to notify the appropriate law enforcement agency to report a sexual assault. If the crime occurred on UWW property, UWWPD has jurisdiction on the campus. If the crime occurred off campus, the victim can notify the appropriate local law enforcement agency with jurisdiction at the location of the crime. UWWPD will assist the victim in identifying the correct law enforcement agency and will assist the victim in reporting it to that agency.

We know that many student victims do not feel comfortable talking to law enforcement, campus administrators, professors, or advisors. The campus provides training and information to these staff, but if you find yourself unable to seek help from one of the offices listed below, we encourage you to tell a trusted friend or family member. Healing can look different for everyone.

Services available to victim/survivors

The campus and surrounding community have a wide range of services available to help student victim/survivors. This information is always provided as part of prevention education efforts and is detailed at www.uww.edu/sexual-misconduct-information.

Additional services may be available elsewhere; this is a list of services most commonly accessed by UW-Whitewater students.

Dating Violence, Domestic Violence, Stalking, and Sexual Assault Disciplinary Procedures

A student may file a disciplinary complaint by contacting the Dean of Students Office at 262-472-1533 or by visiting the Dean of Students Office in Hyer Hall 200.  Additionally, students have the right to report incidents to the University Police at 262-472-4660 or the police department where the crime occurred.  When a student reports they have been a victim of dating violence, domestic violence, sexual assault, or stalking, regardless if the offense occurred off campus, the University of Wisconsin-Whitewater will provide a written explanation of the student’s rights and options to the student.

Disciplinary proceedings regarding dating violence, domestic violence, sexual assault, and stalking will include a prompt, fair, and impartial process from the initial investigation to the final result.  Investigating officers receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. 

All alleged cases of dating violence, domestic violence, sexual assault and stalking investigated by the University of Wisconsin-Whitewater will follow UWS Chapter 17.11 Disciplinary Procedures if the alleged perpetrator (respondent) is a student, regardless of the type of incident.  The complainant will be invited to discuss the situation with the investigating officer who will then ask further questions. Additionally, a respondent will be requested to participate in a disciplinary conference, where:

Per UWS Chapter 17.11(2): an investigating officer shall promptly contact that student in person, by telephone, or by electronic mail to offer to discuss the matter with the student. The purpose of this discussion is to permit the investigating officer to review with the student the basis for his or her belief that the student engaged in nonacademic misconduct, and to afford the student an opportunity to respond. If the student does not respond to the investigating officer's offer to discuss the matter, the investigating officer may proceed to make a determination on the basis of the available information.

In addition to the disciplinary conference, the investigating officer may contact and interview complainants, witnesses or reporting parties, and/or acquire police or other campus reports that can aid in the investigation.  Campus investigations may proceed regardless of criminal investigations or proceedings, and may move forward more quickly.  In the event an investigation must be postponed while law enforcement gathers evidence, both the complainant and respondent will be notified.

If the investigating officer determines the preponderance of evidence standard is not met, per UWS Chapter 17.11 (3), the matter is considered resolved and both parties will be notified in writing simultaneously of the outcome.

If the investigating officer determines the preponderance of evidence standard is met, per UWS Chapter 17.11(4), the investigating officer will prepare a written report which will be distributed to both complainant and respondent containing a description of the alleged misconduct, information available that was used in making the decision, outcomes / sanctions, a notice of right to a hearing, and a copy of applicable policies & institutional procedures.

Preponderance of Evidence as defined by UWS 17.02(13) states:  "Preponderance of the evidence" means information that would persuade a reasonable person that a proposition is more probably true than not true. It is a lower standard of proof than "clear and convincing evidence" and is the minimum standard for a finding of responsibility.

 

If the complainant or respondent chooses to request a hearing regarding the outcomes, or if the outcome warrants suspension, expulsion, or enrollment restrictions, a disciplinary hearing will be scheduled, unless waived.  A disciplinary hearing may be heard by a hearing examiner, or hearing committee.

A hearing will be scheduled within 15 days of receipt of the request or written report, and will be conducted with 45 days.  When a hearing is scheduled, the investigating officer will provide in writing a full explanation of the facts upon which the determination of misconduct was based, and shall provide the student with access to or copies of the investigating officer's explanation, together with any other materials provided to the hearing examiner or committee by the investigating officer, including any additional available information per UWS 17.12(3). 

During a hearing, per Chapter 17.12(4)b:

The student shall have the right to question adverse witnesses, the right to present information and witnesses, the right to be heard on his or her own behalf, and the right to be accompanied by an advisor of the student's choice. The advisor may be a lawyer. In cases where the recommended disciplinary sanction is identified in s. UWS.17.10.1.a to h, (a written reprimand, denial of specified university privileges, payment of restitution, educational or service sanctions including community service, probation, imposition of reasonable terms and conditions on continued student status, removal from a course in progress, enrollment restrictions on a course or program) the advisor may counsel the student, but may not directly question adverse witnesses, present information or witnesses, or speak on behalf of the student except at the discretion of the hearing examiner or committee. In cases where the recommended disciplinary sanction is identified in s. UWS 17.10.1.i or j, or where the student has been charged with a crime in connection with the same conduct for which the disciplinary sanction is sought, the advisor may question adverse witnesses, present information and witnesses, and speak on behalf of the student. In accordance with the educational purposes of the hearing, the student is expected to respond on his or her own behalf to questions asked of him or her during the hearing.

Both the complainant and respondent have the right to have others present during any disciplinary proceeding, including any related meetings. 

After the hearing, the examiner or committee will prepare a decision within 14 days of the hearing, and deliver it to both complainant and respondent in writing.  Decisions regarding sanctions require a preponderance of evidence.  The outcome of the hearing becomes final within 14 days of the written decision, unless appealed under UWS Chapter 17.13.  Additionally, both the complainant and respondent will be notified of their appeal rights per UWS 17.13.

Per UWS 17.10, one or multiple of the following sanctions may be imposed as a result of a disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault, or stalking:

·         A written reprimand

·         Denial of specified university privileges

·         Restitution

·         Educational or service sanctions, including community service

·         Disciplinary probation

·         Imposition of reasonable terms and conditions on continued student status

·         Removal from a course in progress

·         Enrollment restrictions on a course or program

·         Suspension

·         Expulsion

Protective measures offered to a complainant following an allegation of dating violence, domestic violence, sexual assault, or stalking include:

·         Alternate housing accommodations, if reasonably available

·         No contact directives issued by the Dean of Students Office to the respondent

·         Alternate class, work, and transportation accommodations, if reasonably available

·         Assistance with notifying law enforcement

·         Assistance in obtaining protective orders (help with filing a restraining order)

·         Counseling services

To maintain integral and open communication during the misconduct process, UW-Whitewater will simultaneously notify the complainant and respondent of any disciplinary actions that arise from allegations of dating violence, domestic violence, sexual assault, or stalking.  Additionally, both parties will be notified in writing of any changes in results and the date at which results become final.  Compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).

 Procedures for institutional disciplinary action for employees in cases of alleged dating violence, domestic violence, sexual assault, or stalking are as follow:

Whenever the chancellor of an institution within the University of Wisconsin System receives a complaint against a faculty member which he/she deems substantial and which, if true, might lead to dismissal under s. UWS 4, the chancellor, or designee, shall within a reasonable time initiate an investigation and shall, prior to reaching a decision on filing charges, offer to discuss the matter informally with the faculty member.

Whenever the chancellor of an institution receives an allegation which concerns an academic staff member which appears to be substantial and which, if true, might lead to dismissal under s. UWS 11, the chancellor shall request within a reasonable time that the appropriate dean, director, or designee investigate the allegation.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
For complaints involving sexual harassment, sexual assault, dating violence, domestic violence or stalking, the chancellor, or designee, shall appoint the Title IX Coordinator, or designee

(1)   To initiate an investigation in accordance with applicable policies.

The chancellor, or designee,
a.       Shall also offer to discuss the matter informally with the complainant, and provide information of rights under either UWS 4 or UWS 11.

b.      Both the accused and the complainant shall have the right to be accompanied by an advisor of their choice at any meeting or proceedings that is part of the institutional disciplinary process.

c.       An employee may be dismissed only after receipt of a written statement of specific charges from the chancellor as the chief administrative officer of the institution and, a hearing can be requested by employee, in accordance with the provisions.

d.      If the employee does not request a hearing, action shall proceed along normal administrative lines.

(2)   Any formal statement of specific charges for dismissal sent to an employee shall be accompanied by a statement of the appeal procedures available to the employee.

(3)   The statement of charges shall be served personally or by certified mail, return receipt requested.

If the statement of charges involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law.

Ongoing Primary Prevention and Awareness Campaigns:

The University engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that:

·         Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and

·         Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels

Educational programming consists of primary prevention and awareness programs for all incoming students and ongoing awareness and prevention campaigns for students that:

a.       Identifies domestic violence, dating violence, sexual assault and stalking as prohibited conduct;

b.      Defines using definitions provided both by the Department of Education as well as state law what behavior constitutes domestic violence, dating violence, sexual assault, and stalking;

c.       Defines what behavior and actions constitute consent to sexual activity using the definition of consent found above;

d.      Provides a description of safe and positive options for bystander intervention. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene;

e.      Information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

f.        Provides an overview of information contained in the Annual Security Report in compliance with the Clery Act.

Annual and Ongoing Prevention and Awareness Programs

UWW has developed an annual educational campaign consisting of presentations, workshops, and multi-media campaigns that include distribution of educational materials to new students, and participating in and presenting information and materials during new employee orientation.

The University offered the following primary prevention and awareness programs during the 2014-2015 academic year as follows:

1.       Agent of Change: During the fall of 2014 UWW implemented a new way of providing training to new students. Freshman and transfer students were strongly encouraged to complete the Agent of Change program and 370 students (a 17% response rate) completed the online training to learn about sexual assault, relationship violence, sexual harassment, and stalking. The program was designed to meet the requirements of the Campus SaVE Act. A committee will be working on further developing this program and finding ways to improve the response rate.

2.       Sex Signals: First-year students are a special target audience and specific steps are taken to ensure that this group receives the required information. Over 80% of new students attended the Sex Signals program at orientation in the Fall of 2014. The Sex Signals program incorporates improvisation humor, education, and audience interaction to provide a provocative look at dating, sex, stalking, bystander intervention, and consent. At this time, freshman were introduced to several area resources by meeting a UWW Police Officer, a counselor at UWW and an advocate from the Association for the Prevention of Family Violence.

3.       Resident Assistants and Peer Mentors: Two groups of student workers, Resident Assistants and Peer Mentors, receive additional training because they work closely with a large number of students. Approximately 150 Resident Assistants (RAs) and other Residence Life staff participated in an “experiential learning” activity where they were given a scenario regarding sexual assault.  University Health and Counseling Services and Wellness staff were present to provide information and help RAs develop skills to assist students who came to the RA for assistance. Additionally, the RAs attended a presentation that focused on sexual violence issues and bystander intervention. Similarly, 80 Peer Mentors received training on sexual assault, dating violence, bystander intervention and consent. Each Freshman seminar class is assigned a Peer Mentor. Peer Mentors also utilized a video that was created by UWW (https://www.youtube.com/watch?v=YLrU0uPw3KE).

4.       Mass Email: In the Fall of 2014 all students attending the university received an email that contained links to the sexual misconduct webpage that describes the sexual assault, harassment and stalking definitions and penalties, UW-Whitewater disciplinary process and sanctions, national and campus statistics, victim services, victim rights, self-protection strategies, bystander intervention strategies, location of self-defense courses, phone numbers and web sites for assistance or more information. Additionally, students received an electronic handout (this handout was also widely distributed across campus in print form) that serves as an ‘at a glance’ flyer with pertinent information. Students received the required information through their campus email address because that is where they receive other essential university information. In a survey, students indicated that they want to receive information on sexual assault and their preferred method was through a link on the campus website rather than sending out a paper booklet as has been done in the past.  Students have access to the link throughout the academic year.

5.       University Police Presentations: During the Fall 2014 semester, the University Police presented 126 programs to 15,207 people within the campus, city, county, regional and state communities. Many of these programs include information about dating violence, domestic violence, sexual assault, and stalking including what to do if an individual is a victim of these crimes and tips on preventing these crimes from occurring (including personal safety, not perpetrating and bystander intervention).

6.       Invisible War Screening: At this film screening, resources were shared to ensure that attendees learn about forms of sexual misconduct and what to do if victimized.

7.       Guest Speaker Series: Jeff Bucholtz visited UWW and educated 480 members of our campus community. Jeff is an activist and expert in the fields of sexual violence, relationship violence, gender normativity, violence prevention, and stalking and is co-president of the San Diego Domestic Violence Council. His presentations were incredibly well-received by employees and students alike. Attendees agreed that they identified new ways to help raise awareness, support survivors and intervene in potentially risky situations.

8.       Student Health 101: UWW has utilized the Student Health 101 e-health magazine for a number of years. This year, Student Health 101 has included an article in each monthly addition that addressed sexual assault (Profile of a Perpetrator, Profile of a Bystander, Profile of a Friend and Guide to Reporting a Sexual Assault). Over 1,000 UWW students read Student Health 101 each month. The inclusion of these articles has greatly increased awareness of sexual assault prevention, protective behaviors and helping survivors.

9.       It’s On Us Campaign: In February 2015 the It’s On Us campaign was utilized at UWW. UWW created a video (https://www.youtube.com/watch?v=J_evGhpbKyA) that was shown in classrooms and at athletic events. The video was shared on social media pages and sharing of the video was encouraged. The total views on the YouTube page jumped from less than 100 to over 1,400 in less than 24 hours. It is estimated that well over 4,000 students viewed this video. Additionally, Marketing and Media Relations and University Health and Counseling Services partnered to utilize a multi-method approach to share the bystander intervention messages that were part of this campaign. The messages were included on print materials (150 posters), t-shirts (450 shirts were distributed), electronic sign boards and social media outlets. At least 22 UW-Whitewater affiliated Facebook pages changed their profile image to the purple It’s On Us logo. UW-Whitewater students and staff utilized #itsonus and #warhawkfamily hashtags to share photos of themselves wearing the t-shirts. This helped guide UWW community members to the national website and pledge.

10.   ‘Windows to Whitewater’: All new students receive a publication titled ‘Windows to Whitewater’ that provides information about services on campus. This year, information on safety and survivor resources in relation to sexual assault was included in the ‘Windows to Whitewater’ publication.

11.   Supporting A Violence-free Environment (SAVE): SAVE is a student organization of over 12 members that strives to raise awareness through on-campus events and programs. SAVE completes many activities including: sponsoring the annual Take Back the Night program; tabling at the University Center; using sidewalk chalk, posters and t-shirts to raise awareness about interpersonal violence.

12.   Button/Wristband Contest: University Health & Counseling Services sponsors an annual design contest. Students are able to design buttons with messages that raise awareness about sexual assault. The winning designs are used and buttons and wristbands are distributed to UWW students.

13.   Brochures: Brochures on sexual assault definitions and penalties, national and campus statistics, victim services, victim rights, self-protection strategies, bystander intervention, stalking, phone numbers and web sites for assistance or more information were available at several sites around campus throughout the year, at special events and during class presentations.

14.   Sexual Misconduct Website: Throughout the year, extensive information was available on the Sexual Misconduct Information website (www.uww.edu/sexual-misconduct-information), which was advertised in brochures and on posters, laminated cards for team members’ offices and display cases at the University Health and Counseling Services and the University Center.  Topics on the site include: what to do if you have been assaulted, local and campus resources, statistics, health care options, counseling services available, the role of alcohol and other drugs, behaviors that are considered sexual assault, the law in Wisconsin, legal options – criminal and disciplinary, victim rights, sex offender registry, Wisconsin stalking and harassment laws, advice for friends/family, prevention, suggested readings, links to state and national resources.  The search engine on the UW-Whitewater website directs all students looking for information on sexual assault or rape to the Sexual Misconduct Information web page. Additionally, the University Health and Counseling Services Facebook and Twitter accounts are used to post relevant information about accessing resources for sexual assault survivors.  This helps to ensure that students will be repeatedly exposed to the information and know how to receive assistance for sexual assault as needed. Additional information is available on the University Health and Counseling Services and University Police websites.



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