NON-DISCRIMINATION STATUTES RELATIVE TO UNIVERSITY OF WISCONSIN-WHITEWATER
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 Executive Director for
Equal Opportunity (phone 414-472-4672). Title IX specifically prohibits sex
discrimination in educational institutions.
- CRITERIA FOR DETERMINING WHETHER THE PROHIBITION ON DISCRIMINATION HAS BEEN
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
- DEADLINE FOR FILING COMPLAINTS.
- Complaints alleging a violation of Wis. Stat. 36.12 or Title IX, must be
brought forward to the Assistant Vice Chancellor for Equal Opportunity within
300 calendar days of the alleged violation.
- 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.
- PROCEDURES AND REMEDIES FOR VIOLATIONS.
- The Office for Equal Opportunity (OEO) will be responsible for:
- Reviewing each complaint.
- 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
- Conducting the initial investigation of complaints, including receiving
written response(s) by the person(s) complained against.
- 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.
- 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.
- Where the Office for Equal Opportunity determines after investigation that
discrimination in violation of Wis. Stats. 36.12 or Title IX has occurred, the
- Attempt to resolve the matter through mediation among the involved parties;
- Recommend remedial action to eliminate the discrimination to the
appropriate administrators; or
- 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.
- 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.
- If the matter is referred for consideration of possible disciplinary action
under paragraph 4 © above, the time limit and procedures for such
disciplinary matters shall apply.
- If the OEO recommendations are accepted by the parties, that will be
considered dispositive of the issues.
- 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.
- 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.
- 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
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), 1004 Roseman Hall, (414) 472-4711.
UW-Whitewater Undergraduate Bulletin - 1997-1999
Office of the Registrar
Formatted by Matt Benson - UWW
Last Update - LW 8/31/97