The Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and Wisconsin Statute 36.12 provide collectively, and in part, that
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 (UW) system or its institutions or centers because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital or parental status.
The Title IX Coordinator for UW-Whitewater is the Assistant to the Chancellor for Affirmative Action and Equal Opportunity (phone 262-472-1072). Title IX specifically prohibits sex discrimination in educational institutions.
I. CRITERIA FOR DETERMINING WHETHER THE PROHIBITION ON DISCRIMINATION HAS BEEN VIOLATED.
In determining whether discrimination in violation of Wisconsin Statutes 36.12 or Title IX, has occurred, the University of Wisconsin-Whitewater through its Office for Equal Opportunity (OEO), shall apply state and federal statutes, regulations, and case law relevant to the basis of discrimination being alleged, including but not limited to such legal materials and precedents as Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, American Disabilities Act, Wis. Stats. 101.223, Wis. Stats. 36.11(3)(a), the United States Constitution, the Wisconsin Constitution, and related regulations and case law. In any case where there is a question as to whether the action or conduct in question violates Wis. Stats. 36.12 or Title IX, the OEO shall consult with institutional legal counsel.
II. DEADLINE FOR FILING COMPLAINTS.
1. Complaints alleging a violation of Wis. Stat. 36.12 or Title IX, must be brought forward to the Office for Equal Opportunity within 300 calendar days of the alleged violation.
2. If a complaint is made informally and orally only, the appropriate response would be oral by way of discussion, guidance, mediation or other informal action. If a formal investigation is warranted or desired, the complaint shall be in writing.
III. PROCEDURES AND REMEDIES FOR VIOLATIONS.
1. The Office for Equal Opportunity (OEO) will be responsible for:
a. Reviewing each complaint.
b. Providing procedural advice and counsel to the complainant, including referring the complainant to another process, if appropriate (as for example, if the issues in question are more properly handled as a grade appeal or a general grievance).
c. Conducting the initial investigation of complaints, including receiving written response(s) by the person(s) complained against.
2. Where the Office for Equal Opportunity refers a complainant to another relevant complaint or grievance procedure, further action on the matter will be taken in accordance with that other procedure.
3. Where the Office for Equal Opportunity retains jurisdiction and determines after investigation that no discrimination in violation of Wis. Stats. 36.12 or Title IX has occurred, the complaint will be dismissed by the OEO, and the complainant and any other interested parties will be so advised.
4. Where the Office for Equal Opportunity determines after investigation that discrimination in violation of Wis. Stats. 36.12 or Title IX has occurred, the OEO may:
a. Attempt to resolve the matter through mediation among the involved parties; or
b. Recommend remedial action to eliminate the discrimination to the appropriate administrators; or
c. Refer the matter for appropriate review and consideration of possible action under established disciplinary procedures, where misconduct by faculty, staff or students appears to be involved.
5. The Office for Equal Opportunity will complete its investigation and make written findings of facts and recommendations within 30 working days of receipt of the written complaint.
6. If the matter is referred for consideration of possible disciplinary action under paragraph 4 (c) above, the time limit and procedures for such disciplinary matters shall apply.
7. If the OEO recommendations are accepted by the parties, that will be considered dispositive of the issues.
8. If either party believes there is reason to appeal the findings or recommendations, it must do so within 10 working days of receipt. The appeal should be in writing, stating the basis and proposing alternatives to the recommendations and forwarded to the Assistant Chancellor for Student Affairs.
9. The Assistant Chancellor for Student Affairs will review the record and any other information deemed pertinent and may also recommend and/or attempt an alternative resolution. If no resolution is achieved, the Assistant Chancellor will forward a recommendation to the Chancellor within 20 working days of receipt of appeal.
10. The Chancellor will make the final decision within 20 working days. In all matters involving an alleged violation of Wis. Stat. 36.12 or Title IX, the Chancellor's decision shall be final, except that the Board of Regents may, consistent with the Bylaws of the Board of Regents of the University of Wisconsin System, conduct a review on the record.
NON-DISCRIMINATION ON THE BASIS OF DISABILITY
Section 504 of the Rehabilitation Act of 1973 provides that "no qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance."
The Americans with Disabilities Act (ADA) states "No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity."
Applicants or students who believe that they may have been subjected to discrimination on the basis of disability in any campus program, activity or service should contact: Compliance Coordinator, Section 504 and ADA Regulations (non-employment), 330 Hyer Hall, 262-472-1072.
Registrar's Office - UW-Whitewater|
For comments: firstname.lastname@example.org.
Last revised on May 21, 2002 by WDT