Student Handbook

UW-Whitewater Sexual Violence, Sexual Harassment and Intimate Partner Violence Policy

Implemented in accordance with Regent Policy Document 14-2. Approved by Chancellor's Cabinet on April 2019.

Policy Statement

The mission of the University of Wisconsin-Whitewater is to provide a teaching, learning and working environment in which faculty, staff, and students make positive contributions to the State of Wisconsin, to our nation, and to the world, with programs that prepare students to become lifelong learners who lead successful lives. To promote these institutional values, UW-Whitewater is committed to creating and maintaining a community environment that is free from any form of gender discrimination, including sexual violence and sexual harassment which is also referred to as sexual misconduct.

Examples of sexual misconduct include, but are not limited to, sex/gender discrimination, sexual harassment, sexual assault, dating violence, stalking, relationship violence (including dating violence and domestic violence), and any conduct of a sexual nature that is nonconsensual, or has the purpose of threatening, intimidating, or coercing any person.

This policy is consistent with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. In accordance with these requirements, the UW-Whitewater is responsible for taking immediate and effective steps to respond to sexual violence and harassment. This policy is also consistent with the regulations addressed by the Violence Against Women Act (VAWA) and the Jeanne Clery Act.

(Title IX is not intended to regulate the content of speech. The U.S. Department of Education recognizes, under Title IX, that the offensiveness of a particular expression, standing alone, is not a legally sufficient basis to establish a sexually hostile environment under Title IX. Rather, the harassment must be sufficiently serious to deny or limit a person's employment or ability to participate in or benefit from an education program.)

Purpose and Scope of Policy

This policy applies to all university students and employees, and prohibits acts of sexual violence and sexual harassment on university property, at university-sanctioned or university-affiliated events, and where off-campus conduct affects a member of the university community. UW-Whitewater is committed to educating its community and to promptly and effectively responding to and redressing conduct that violates this policy. This policy also provides the UW-Whitewater community with information and resources to identify, report, and respond to sexual violence and sexual harassment. These efforts support the overall missions of UW-Whitewater and the University of Wisconsin System.

Title IX Statement

Title IX of the Education Amendments of 1972 (20 U.S.C. sec. 1681 et seq.; 34 C.F.R. Part 106) (as amended) is a federal law which prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. It states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a).

  1. Definitions (See Appendix A)
  2. Role and Duties of University Officials and Employees
    1. Title IX Coordinator
      The duties of the UW-Whitewater Title IX Coordinator are described in the institutional position description. Those duties include:
      • Receives reports of sexual violence and sexual harassment and works collaboratively with the Dean of Students Office, Human Resources and Diversity, victim advocates and law enforcement professionals in responding to reports and complaints;
      • Triages complaints to determine whether or not they are Title IX issues and, if so, assigns an investigator;
      • Provides oversight for non-law enforcement response to reports and complaints of sexual harassment and sexual violence;
      • Maintains ongoing communication with all Deputy Title IX Coordinators and the Title IX Committee;
      • Identifies and addresses any patterns or systemic problems revealed by reports and complaints;
      • Serves as the point person regarding Title IX compliance for campus administrators, faculty, staff, students, and provides campus-wide advice and consultation regarding compliance, regulations, best-practices, training and professional development;
      • Maintains appropriate records and serves as the lead contact person for compliance audits; Provides support for the provision of appropriate education and training; and
      • Ensures that applicable policies and resources are up-to-date and properly disseminated.
      • The duties of the Title IX Coordinator are guided by principles of trauma-informed care.
    2. UWW Sexual Violence & Sexual Harassment Committee (Title IX Committee)
      UW-Whitewater's Sexual Violence & Harassment Advisory Committee meets on a monthly basis to discuss, review and assess UW-Whitewater Title IX related procedures and practices as well as policies issued by the Board of Regents and the University of Wisconsin System Administration (UW System). The meetings include discussion of policy implementation and revision. The Committee also assesses the effectiveness of trainings and educational programming and addresses campus climate issues. The Committee provides information to and collaborates with the Title IX Coordinator. The following are offices represented on this committee:
      • Whitewater Student Government
      • Faculty Senate
      • Academic Staff Assembly
      • University Staff Council
      • Title IX Coordinator
      • Dean of Students
      • University Police
      • University Housing
      • Human Resources and Diversity
      • University Health & Counseling
      • Athletics
      • First-Year Experience Office
    3. Responsible Employees: Reporting Requirements for Employees (excluding Confidential Employees and Confidential Resources) Who Witness or Receive Knowledge of an Incident of Sexual Violence or Sexual Harassment

      UW-Whitewater designates all employees who receive monetary compensation, wage or salary, including faculty, staff and student employees, to be responsible/mandatory reporters, except for those employees who fall under the definition of Confidential Employees/Confidential Resources as defined below:

      • Definition of Confidential Employee: Any employee, who is a licensed medical, clinical, or mental health professional, or a, when acting in that role in the provision of services to a patient or client who is a university student or employee. A Confidential Employee will not report specific information concerning a report of sexual violence or sexual harassment received by that Employee in the Employee’s professional capacity unless with the consent of the reporting individual or unless required by the Employee’s license or by law. (From the 2014 Office for Civil Rights (OCR) Dear Colleague Letter: A confidential employee is required to provide "the nature of the incident, general location, but avoid personally identifiable information about the student.")

      An additional UW-Whitewater position that is defined as "confidential," for Title IX purposes, is that of "Campus Advocate".

      Note that some UW-Whitewater position titles include the word, "confidential," but this does not indicate or imply that the position is confidential for Title IX purposes.

      • Definition of Confidential Resource: Individuals or agencies in the community, whose professional license or certification permits that individual or agency to preserve the confidentiality of the patient or client. However, to meet reporting requirements, the incident must be reported, but without disclosing the name of the person subjected to sexual misconduct. (Note that reporting to an additional non-confidential source will negate the confidentiality.)

      Responsible/Mandatory reporters must fulfill their reporting requirement by using the link below, or by contacting the Office of the Dean of Students, the Title IX Coordinator, the Deputy Title IX Coordinators, the Chief Human Resources Officer, or the UW-Whitewater Police Department.

      1. The reporting form: http://www.uww.edu/dean-of-students/reporting-forms (Or contact the Office of the Dean of Students, Anderson, Suite 2130; 262-472-1533.) It is highly recommended that everyone use this form as it ensures that outreach support to the individual subjected to sexual misconduct be initiated upon receipt of the form.
      2. Title IX Coordinator

        Office of Human Resources and Diversity
        Hyer Hall Room 330
        Phone: 262-472-2143;
        Email: titleix@uww.edu

      3. Deputy Title IX Coordinators:
        • Dean of Students
          Anderson, Suite 2130
          Phone: 262-472-1533
        • Director of Residence Life
          Goodhue Hall 200
          Phone: 262-472-5275
        • Assistant Chief Human Resources Officer
          Hyer Hall 336
          Phone: 262-472-1024
      4. Chief Human Resources Officer:

        Chief Human Resources Officer
        Hyer Hall Room 336
        Phone: 262-472-4672

      5. UW-Whitewater Police Department

        Chief of Police
        Goodhue Hall
        Phone: 262-472-4660

      It is the responsibility of all members of the campus community to help create and maintain a safe and inclusive environment free of sexual misconduct and retaliation. They should be properly trained to do the following:

      1. Be familiar with definitions of sexual violence and sexual harassment.
      2. Be familiar with this and other related policies.
      3. Be prepared to respond should an individual report an incident of sexual violence or sexual harassment.
      4. Be familiar with resources on campus to which to refer a reporting individual.

      Executive Order 54: Reporting Child Abuse or Neglect, or Threat Thereof:

      All University of Wisconsin employees, including UW-Whitewater employees, must comply with Executive Order 54 which requires that if they, in the course of their employment, observe an incident or threat of child abuse or neglect, they report it immediately. Such reports must be made in person or by phone, immediately, to law enforcement or the county department of social services or human services.

      https://www.wisconsin.edu/general-counsel/download/child_safety/executive-order-54.pdf

  3. Reporting Options for Persons Subjected to Sexual Violence or Harassment
    1. Reporting Options

      Those who have been subjected to an incident of sexual violence or sexual harassment have the option of whether or not to report the incident. If the decision is made to report, below are the options:

      1. You may report information to a Confidential Employee or Resource.

        (See definition above, pages 3-4, or at "Appendix B: Definitions" at the end of this document.)

        Examples of Confidential Resources:

        The following university offices and local organizations have professional advocates who can provide you with support and guidance as you address sexual assault. These advocacy services are free and confidential.

        • The University Health and Counseling Services (UHCS) has confidential employees and provides confidential and free services.
          http://www.uww.edu/uhcs/about-us/staff-directory
          Counseling appointments: call 262-472-1305.
          Walk-ins: Second floor of Ambrose Health Center between 8 and 4:30 (Monday - Friday). For urgent concerns there is a counselor available without appointment for crisis intervention when the Counseling Service is open. For confidential employees/resources who can provide emotional support, advocacy, or information following a sexual assault: 262-472-1060 (Sexual Assault Crisis Line.)
        • People Against Domestic and Sexual Abuse (PADA) 24-hour crisis line: 920-674-6768; business phone: 920-674-6748; 323 S. Whitewater Ave., Jefferson, WI 53549; https://www.padajc.org/contact-us
        • New Beginnings (The Association for Prevention of Family Violence, APFV), Elkhorn and Whitewater: 262-723-4653;
        • 24-hour Crisis Line: 262-741-3200 or 1-800-365-1587

        • Wisconsin Victim Resource Center (VRC): 1-800-446-6564 or 608-264-9497. If you are the victim of a crime, you may come in contact with the criminal justice system. You are entitled to certain rights under the Wisconsin law, which ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and that the rights extended to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants. If you are unable to resolve the situation yourself, you have the right to contact the Victim Resource Center for further assistance and possible informal mediation. The VRC is a team of individuals housed in the Office of Crime Victim Services who specialize in assisting victims of crime with questions and concerns regarding their crime victim rights. See below for the relevant citation:

          Wisconsin Constitution Art. I § 9m. Victims of Crime
          This state shall treat crime victims, as defined by law, with fairness, dignity and respect for their privacy.  This state shall ensure that crime victims have all of the following privileges and protections as provided by law:  timely disposition of the case;  the opportunity to attend court proceedings unless the trial court finds sequestration is necessary to a fair trial for the defendant;  reasonable protection from the accused throughout the criminal justice process;  notification of court proceedings;  the opportunity to confer with the prosecution;  the opportunity to make a statement to the court at disposition;  restitution;  compensation;  and information about the outcome of the case and the release of the accused.  The legislature shall provide remedies for the violation of this section.  Nothing in this section, or in any statute enacted pursuant to this section, shall limit any right of the accused which may be provided by law.

      2. The reporting form: http://www.uww.edu/dean-of-students/reporting-forms (Or contact the Office of the Dean of Students, Anderson, Suite 2130; 262-472-1533.) This means of reporting is highly recommended, as it ensures that outreach support to the individual subjected to sexual misconduct be initiated upon receipt of the form.

      3. You may report to the campus Title IX Coordinator:

        Title IX Coordinator
        Office of Human Resources and Diversity
        Hyer Hall Room 330
        Phone: 262-472-2143;
        Email: titleix@uww.edu

      4. You may report to the Deputy Title IX Coordinators:

        Deputy Title IX Coordinators:

        Dean of Students
        Anderson, Suite 2130
        Phone: 262-472-1533

        Director of Residence Life
        Goodhue Hall 200
        Phone: 262-472-5275

        Assistant Chief Human Resources Officer
        Hyer Hall 336
        Phone: 262-472-1024

      5. You may report to the Chief Human Resources Officer:

        Chief Human Resources Officer
        Hyer Hall Room 336
        Phone: 262-472-4672

      6. You may report to campus law enforcement:

        UW-Whitewater Police Department
        Chief of Police
        Goodhue Hall
        790 West Starin Road
        Whitewater, WI 53190
        Phone: 262-472-4660

      7. You may report to local law enforcement:

        Whitewater Police Department
        312 W. Whitewater Street
        Whitewater, WI 53190
        Non-Emergency – 262-473-0555, ‘Option 4’
        Emergency: 9-1-1

      8. You have the option to file a complaint with the Office for Civil Rights:

        U.S. Department of Education

        Office for Civil Rights
        400 Maryland Avenue, SW
        Washington, D.C. 20202-1328
        http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

    2. Amnesty for Students

      Complainants, victims, and witnesses to incidents of sexual violence, including sexual assault, will not be issued citations or subject to disciplinary sanctions for violations of university policy at or near the time of the incident unless the institution determines that the violation was egregious, including actions that place the health or safety of any other person at risk.

    3. Confidentiality

      Individuals, including victims, who report to any of the offices or individuals noted above, or to any other university employee, except those noted below, cannot be assured absolute confidentiality. However, information provided in the report and in any subsequent, related proceeding will be maintained in a confidential manner; only those individuals who have a need to know to fulfill obligations consistent with university policies or laws will be privy to certain information.

    4. Resources and Accommodations

      1. Accommodations

        The university will work with individuals involved in alleged incidents of sexual violence and sexual harassment to undertake appropriate measures to assist in their safety and wellbeing. These may include: no-contact directives, academic or work modifications, and relocation of living or working space.

      2. Resources

        The university offers a variety of resources that are available to individuals involved in incidents of sexual violence or sexual harassment, including the following:

        UW-Whitewater Campus Resources

        • 24-hour UW-Whitewater Police Department (262) 472-4660
        • 24-hour Emergency Help: 911
        • Walworth County Crisis Line (262) 741-3200 or 1-800-365-1587
        • Office of Student Life, UW-W (262) 472-1533
        • Student Conduct Officer, UW-W (262) 472-1533
        • Sexual Assault Prevention Services (262) 472-1305
        • University Health and Counseling Services:
          • Health Services: (262) 472-1300
            M-F 8:00am to 4:30pm (summer & evening hours may vary)
            Services provided include medical treatment, emergency contraception, treatment for STI's, pregnancy/STI/anonymous HIV testing, referrals to specialists, phone consultations with RN. No evidence collection is done on site.
          • Counseling Services: (262) 472-1305
            M-F 8:00am to 4:30pm
            Free individual assessment & counseling, consultation with staff, referrals to community agencies, and crisis intervention
            24-hour Crisis Line 262-741-3200 or 1-800-365-1587
    5. Procedures
      1. When a report is made to the Title IX Coordinator alleging that a student has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.
        [ Chapter UWS 17, Wis. Admin. Code]. https://docs.legis.wisconsin.gov/code/admin_code/uws/17; http://www.uww.edu/dean-of-students/sexual-assault
      2. When a report is made to the Title IX Coordinator alleging that a faculty member has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.
        [ Chapters UWS 4, 6, and 7, Wis. Admin. Code].
        https://docs.legis.wisconsin.gov/code/admin_code/uws/4
        https://docs.legis.wisconsin.gov/code/admin_code/uws/6
        https://docs.legis.wisconsin.gov/code/admin_code/uws/7
      3. When a report is made to the Title IX Coordinator alleging that a member of the academic staff has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.
        [ CUWS chapters UWS 11 and 13, Wis. Admin. Code]. https://docs.legis.wisconsin.gov/code/admin_code/uws/11
        https://docs.legis.wisconsin.gov/code/admin_code/uws/13
      4. When a report is made to the Title IX Coordinator alleging that a member of the university staff has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.
        https://docs.legis.wisconsin.gov/code/admin_code/uws/11
        https://docs.legis.wisconsin.gov/code/admin_code/uws/13

      5. When a report is made to campus law enforcement alleging that an individual has engaged in an act of sexual violence or sexual harassment, the contact information and procedures below apply:

        Contact Information for the University of Wisconsin-Whitewater Police Department:

        • University of Wisconsin-Whitewater Police Department
          Goodhue Hall
          734 W. Starin Road
          Whitewater, WI 53190
          Phone 262-472-4660 (P)
          Email: police@uww.edu

        Procedure

        A police officer will discuss procedural issues with the complainant before the complainant makes the decision whether or not to report the sexual assault.

        The officer will review with the complainant:

        • Means to preserve evidence
        • Whether any substances such as alcohol or drugs were involved
        • Details of the police investigation
        • What the complainant will have to do and when
        • Who must be informed about the assault
        • Whether the complainant would be required to press charges and appear in court
        • Whether the complainant would have to pay for anything
        • How many times the complainant could expect to explain or testify about the assault
        • When the process will end

        The complainant has a right to feel safe in their community, and Police Services will assist the complainant in developing a personal safety plan by providing:

        • Safety escorts
        • Evaluation of living quarters
        • Self-defense training if requested
        • Assistance in changing classrooms
        • Assistance in changing class schedules
        • Assistance with parking arrangements
        • Assistance with resources and contacting agencies such as the following:
          • "New Beginnings-The Association for Prevention of Family Violence" (New Beginnings APFV, Elkhorn and Whitewater: 262-723-4653)
          • People Against Domestic & Sexual Abuse" (PADA, Jefferson County, 920-674-6748) who can explain the process for filing restraining orders if the complainant desires to do so.
          • UW-Whitewater Health and Counseling Services (health appointment: 262-472-1300) (counseling appointment: 262-472-1305)
          • UW-Whitewater Sexual Assault Survivors Assistance (262-472-1060)
          • Whitewater Police Department (262-472-4660)
          • Jefferson County Human Services (920-674-3105)
          • Walworth County Health and Human Services (262-741-3200)
          • Wisconsin Department of Justice, Office of Crime Victim Services (1-800-446-6564) doj.state.wi.us
          • Wisconsin Coalition Against Sexual Assault (608-257-1516) wcasa.org
          • RAINN (Rape, Abuse and Incest National Network) (1-800-656-HOPE (4673) RAINN.org

      6. When a report is made to local law enforcement alleging that an individual has engaged in an act of sexual violence or sexual harassment, the information and procedures below apply.

        Contact Information and Procedure for Local Law Enforcement Office, Whitewater Police Department:

        • Whitewater Police Department
        • 312 W. Whitewater St.
        • Whitewater, WI 53190
        • 262-473-1371 (P)
        • 262-222-5909 (F)

        Procedure:

        Recognizing the intense and painful psychological and social pressures placed upon the victims of sensitive crimes, it shall be the policy of this Department to investigate these offenses with a great deal of sensitivity for the victim and with the unique skill afforded by a specialized Sensitive Crime Investigation Team.

        A multi-disciplinary team approach to investigating sensitive crimes enhances the efficiency, effectiveness and sensitivity of all agencies providing services to the victim. Collaborative protocols for investigating sensitive crimes promote cooperation among law enforcement, child protection, prosecutors, educators, medical care providers, victim advocates and other community agencies to guide their response when completing investigations. Investigating personnel shall remain sensitive to the needs and request of the victim, especially during critical stages such as gathering evidence, photographing injuries and conducting interviews.

        At the procedural level the following are considerations for the officers involved:

        Primary Officer

        • Assess medical condition of the victim and whether immediate medical attention is needed
        • Determination if a sensitive crime occurred and jurisdiction
        • Request response of a sensitive crimes team member
        • Ensure victim is escorted to a safe location
        • Encourage victim to seek a SANE exam even if they do not wish to pursue a criminal investigation
        • Offer information for local resources (APFV/PADA)

        Secondary Officer

        • Protect crime scene and request an evidence technician
        • Investigate; canvass area
        • If applicable notify surrounding jurisdictions

        Sensitive Crimes Team Member:

        • Contact an advocate for the victim and ensure victim has access to crime victim services and literature
        • Confirm victim safety and medical needs
        • Obtain preliminary information from primary officer
        • Ensure evidence collected at crime scene
        • Coordinate with victim advocate to arrange transportation of victim to hospital facility for SANE exam
        • Conduct thorough interview of adult victim (children victims are generally interviewed by a forensic interviewer)
        • Coordinate investigation-follow up with charging as dictated by the results of the investigation

        When a report is made to more than one of the offices noted above, the offices will endeavor to cooperate as they are able. Attempts will be made to limit the number of times a complainant or respondent is required to repeat information about the allegations.

    6. Prompt Resolution

      The offices and individuals receiving a report of sexual assault or sexual harassment will endeavor to resolve the matter in a timely manner, with consideration to available information and context.

      1. Potential Sanctions

        The procedures identified above provide for disciplinary action against staff members and students who are found responsible for violating University policy. Such sanctions may include restrictions on a course or program, suspension, expulsion, suspension and dismissal from academic duties. Chapter UWS 17.10, Wis. Admin. Code provides a more comprehensive list of potential sanctions against students. Employee sanctions may include suspension from duties and dismissal.

      2. Notice of Outcome

        Both the complainant and the respondent will be provided with notice of the outcome of the final resolution of the complaint.

    7. Prohibition Against Retaliation

      This policy prohibits retaliation against an individual who reports, assists an individual in reporting, or participates in proceedings involving an allegation of sexual violence or sexual harassment. Retaliation under this policy includes threats, intimidation, or adverse employment/academic actions. Those who believe they have been subjected to retaliation under this section may report the allegations to the Title IX Coordinator or Deputy, campus law enforcement, or local law enforcement. (See contact information above.)

    8. False Accusations

      Knowingly making a material misstatement of fact in connection with reporting under this policy may subject the individual to disciplinary action. Anyone who believes that they have been the subject of a false complaint may meet with the Title IX Coordinator to discuss the allegations. The filing of a complaint that does not result in a finding of prohibited conduct is not alone evidence of the intent to file a false complaint.

  4. Education and Training

    The Title IX Coordinator will be primarily responsible for facilitating the training and educational programs to the campus community. At a minimum, all students and employees will be required to complete the campus-supported on-line training covering issues of sexual violence and sexual harassment.

    The Chancellor or designee will identify and offer more in-depth training for employees who are executives, supervisors, managers, directors, department heads, responsible employees, and those connected with the disciplinary process.

  5. Record Keeping and Data Collection

    As noted above, the Title IX Coordinator will maintain records of reports of sexual violence and sexual harassment consistent with the institutional records-retention policy. In addition, the Title IX Coordinator will track compliance with mandatory training programs, and maintain a list of training and education offered on campus.

    The UW-Whitewater Police Department or other appropriate office will collect, maintain, and submit the Annual Security Report, consistent with the federal Clery Act.

    The Office of the Dean of Students, or other appropriate office, will collect appropriate data and compile the state report required under § 36.11(22), Wis. Stats.

  6. Assessment

    UW-Whitewater will conduct a study that seeks to gather data and information concerning sexual violence and sexual harassment on or near campus. Efforts will be made to conduct such a study once every year. Students and employees are encouraged to participate.

    UW-Whitewater will work with UW-System to effectively evaluate the outcomes of campus training and educational programming. It is imperative that UW System institutions proactively integrate empirically informed assessment and evaluations into sexual violence and harassment prevention and awareness programs to measure whether they are achieving the intended outcomes.

Appendix A: Definitions

Appendix A:  Definitions

Complainant.  Any individual who is reported to have been subjected to sexual harassment, sexual assault, dating violence, domestic violence, or stalking, as defined in the relevant Administrative Code provisions or policies.  See, e.g., Chs. UWS 4.015 (faculty), UWS 11.015 (academic staff), and UWS 17.02(2m) (students).

Confidential Employee.  Any employee, who is a licensed medical, clinical, or mental health professional, when acting in that role in the provision of services to a patient or client who is a university student or employee.  A Confidential Employee will not report specific information concerning a report of sexual violence or sexual harassment received by that Employee in the Employee’s professional capacity unless with the consent of the reporting individual or unless required by the Employee’s license or by law.

Confidential Resource.  Individuals or agencies in the community, whose professional license or certification permits that individual or agency to preserve the confidentiality of the patient or client.

Consent.  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.  A person is unable to give consent if the person is incapacitated because of drugs, alcohol, physical or intellectual disability, or unconsciousness [ §. 940.225(4), Wis. Stats.].

Dating Violence.  Violence committed in a “dating relationship,” which is defined as a romantic or intimate social relationship between two adult individuals; “dating relationship” does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.  A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship [ § 813.12(1)(ag), Wis. Stats.].

Domestic Violence.  Any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver’s care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common [ §§ 813.12 (1)(am) and 968.075, Wis. Stats.]:

  1. Intentional infliction of physical pain, physical injury, or illness.
  2. Intentional impairment of physical condition.
  3. A violation of the state statute regarding sexual assault [ § 940.225(1), (2) or (3), Wis. Stats.].
  4. A violation of the state statute regarding stalking [ § 940.32, Wis. Stats.].
  5. A violation of the state statute regarding damage to property [ § 943.01, Wis, Stats.], involving property that belongs to the individual.
  6. A threat to engage in any of the conduct under 1 through 5 listed above [ §§ 813.12 (1)(am) and 968.075, Wis. Stats.].

 

Employee.  Any individual who holds a faculty, academic staff, university staff, limited, student employment, employee-in-training, temporary, or project appointment.  ( See, e.g., UPS Operational Policy, GEN 0, General Terms and Definitions ( https://www.wisconsin.edu/ohrwd/download/policies/ops/gen0.pdf))

Executive Order 54.  Executive Order issued by Governor Walker in 2011 requiring that university employees report incidents of child abuse and neglect which they observe or witness in the course of their employment.  Such reports must be personally and immediately made to law enforcement or the county department of social services or human services.
( https://docs.legis.wisconsin.gov/code/executive_orders/2011_scott_walker/2011-54.pdf)

Hostile Environment.  A hostile work, academic, or program-related environment is created when one engages in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual’s gender, and that has the purpose or effect of creating an intimidating, hostile, or offensive work, academic, or program-related environment or has the purpose or effect of substantially interfering with that individual’s work or academic performance.  Substantial interference with an employee’s work or academic performance or creation of an intimidating, hostile, or offensive work, academic, or program-related environment is established when the conduct is such that a reasonable person under the same circumstances as the student or employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person’s work or academic performance or to create an intimidating, hostile, or offensive work or learning environment. [ See, e.g.,§ 111.36(1)(b), Wis. Stats.]

Incapacitation.  As it applies to this policy, the state of being unable to physically and/or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs.  Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness.  The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

Office for Civil Rights.  The U.S. Department of Education office that is responsible for enforcing Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and other education-based discrimination acts. http://www2.ed.gov/about/offices/list/ocr/complaints-how.html

Preponderance of the Evidence.  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.  [Sections UWS 17.02(13), UWS 11.015(7), UWS 4.015(7), and UWS 7.015(5), Wis. Admin. Code]

Respondent. A student who is accused of violating a policy under Chapter UWS 17, Wis. Admin. Code, or an employee who is accused of violating a policy under Chapters UWS 4, 7, or 11, Wis. Admin. Code.

Responsible Employee. All employees, except confidential employees, are hereby designated as responsible employees under this policy. Any employee (other than a “confidential employee”) who meets any of the following criteria will be so designated:

  1. Who has the authority to take action to redress sexual misconduct;
  2. Who has been given the duty of reporting incidents of sexual misconduct by students or employees to the Title IX coordinator or other appropriate school designee; or
  3. Who a student could reasonably believe has this authority or duty. April 29, 2014 “Dear Colleague Letter”, available athttp://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf.

Retaliation.  An adverse action taken against an individual in response to, motivated by, or in connection with an individual’s complaint of discrimination or discriminatory harassment, participation in an investigation of such complaint, and/or opposition of discrimination or discriminatory harassment in the educational or workplace setting.

Sex Discrimination.  Discrimination on the basis of sex or gender. Sexual harassment and sexual assault are forms of sex discrimination. [ See20 USC §§ 1681-1688]

Sexual Assault.  Sexual contact or sexual intercourse with another person without the consent of that person.

  1. FIRST DEGREE SEXUAL ASSAULT. Engaging in any of the following constitutes First Degree Sexual Assault:
    1. Sexual contact or sexual intercourse with another person without consent of that person and that causes pregnancy or great bodily harm to that person.
    2. 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.
    3. Sexual contact or sexual intercourse with another person without the consent of that person by use or threat of force or violence, aided or abetted by one or more persons.
  2. SECOND DEGREE SEXUAL ASSAULT. Engaging in any of the following constitutes Second Degree Sexual Assault:
    1. Sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
    2. Sexual contact or sexual intercourse with another person without consent of that person causing injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
    3. >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.
    4. 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.
    5. Sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
    6. Sexual contact or sexual intercourse with another person without the consent of that person, aided or abetted by one or more other persons.
  3. THIRD DEGREE SEXUAL ASSAULT. Sexual intercourse with a person without the consent of that person.
  4. FOURTH DEGREE SEXUAL ASSAULT. Sexual contact with a person without the consent of that person. [ § 940.225, Wis. Stats.]

Sexual Contact.  Intentional touching, whether direct or through clothing, if that intentional touching is for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under § 940.19(1) or § 940.225(5)(b)(1), Wis. Stats.

Sexual Harassment.  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience, (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such an individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or learning environment. [Adapted from 29 C.F.R. § 1604.11 (1980)].]

Sexual Intercourse.  Penetration, 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 [ § 940.225(5)(c), Wis. Stats.].

Sexual Violence.  The phrase, as used in this policy, refers to incidents involving sexual assault, sexual harassment, stalking, dating violence, and domestic violence.

Stalking.  Intentionally engaging in a course of conduct 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 [ §. 940.32, Wis. Stats.].

Student.  “Student” means any person who is registered for study in a University of Wisconsin System institution for the academic period in which the alleged act of sexual violence or sexual harassment occurred, or between academic periods for continuing students. [ SeeChapter UWS 17.02(14), Wis. Admin. Code.]

Title IX.  Title IX of the Education Amendments of 1972 (20 U.S.C. sec. 1681 et seq.; 34 C.F.R. Part 106)(as amended) is a federal law that states, “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a).

Title IX Coordinator (and Deputies).  An employee designated to coordinate compliance with Title IX, who plays an in important role in an institution’s efforts to ensure equitable opportunity for all students and employees, and who works with school officials to remind the school community that students and employees must have equal access to all programs.  (Adapted and revised from April 24, 2015, “Dear Colleague Letter” available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201504-title-ix-coordinators.pdf).

Trauma-Informed Care.  Trauma-informed care reflects an understanding of trauma and emphasizes creating services and programs that are sensitive and directly responsive to the trauma that many victims and survivors experience following a violent crime.  Trauma-informed care programs identify and limit potential triggers to reduce their re-traumatization and protect their mental and emotional health. https://www.justice.gov/ovw/blog/importance-understanding-trauma-informed-care-and-self-care-victim-service-providers.  Trauma-informed care is an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma.  Trauma-informed care also emphasizes physical, psychological and emotional safety for both consumers and providers, and helps survivors rebuild a sense of control and empowerment.  See also:http://www.traumainformedcareproject.org/resources/SAMHSA%20TIC.pdf; and http://www.nsvrc.org/sites/default/files/publications_nsvrc_guides_building- cultures-of-care.pdf

Violence Against Women Act (VAWA).  Federal law enacted in 1994, which promotes the investigation and prosecution of violent crimes against women, among other objectives.  Recently, it affected amendments to the Clery Act [ 42 U.S.C. §§ 13701-14040], through the Campus Sexual Violence Elimination Act (SaVE) provision, Section 304.

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Section 14: Discrimination Prohibited


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