Commitment to Academic Freedom and Freedom of Expression

Regent Policy Document 4-21

Commitment to Academic Freedom and Freedom of Expression

Scope

This policy applies to all UW System students, employees, and visitors.

Purpose

The purpose of this policy is to communicate the Board of Regents’ commitment to academic freedom and freedom of expression, and expectations for those who violate these freedoms.

Policy Statement

1. Commitment¹

The Board of Regents of the University of Wisconsin System has a longstanding tradition of support for academic freedom, dating back to 1894 and the famous “sifting and winnowing” statement contained in the University of Wisconsin Board of Regents’ Final Report on the Trial of Richard Ely. The Board of Regents of the University of Wisconsin System hereby reiterates its commitment to the principle of academic freedom and affirms its commitment to the principle of freedom of expression.

Academic freedom includes the freedom to explore all avenues of scholarship, research, and creative expression, and to reach conclusions according to one’s own scholarly discernment. Freedom of expression includes the right to discuss and present scholarly opinions and conclusions on all matters both in and outside the classroom. These freedoms include the right to speak and write as a member of the university community or as a private citizen without institutional discipline or restraint, on scholarly matters, or on matters of public concern. The UW System is committed to these principles and provides all members of the university community the broadest possible latitude to explore ideas and to speak, write, listen, challenge, and learn. Of course, different ideas in the university community will often and quite naturally conflict. But it is not the proper role of the university to attempt to shield individuals from ideas and opinions they, or others, find unwelcome, disagreeable, or even deeply offensive. Although the university greatly values civility, concerns about civility and mutual respect can never be used as justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members within the university community.

The freedom to debate and discuss the merits of competing ideas does not mean that members of the university community may say whatever they wish, wherever they wish. Consistent with longstanding practice informed by law, institutions within the System may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or discriminatory harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the university. In addition, the institutions may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt ordinary activities. But these are narrow exceptions to the general principle of freedom of expression, and it is vitally important that these exceptions never be used in a manner that is inconsistent with each institution’s commitment to a completely free and open discussion of ideas.

These principles carry responsibilities. Academic freedom carries the responsibility for the faithful performance of professional duties and obligations. All members of the university community at each of the institutions in the University of Wisconsin System share in the responsibility for maintaining civility and a climate of mutual respect. Although members of the university community at each institution are free to criticize and contest the views expressed on campus, they may not obstruct or otherwise interfere with the freedom of others, including speakers who are invited to campus, to express views they reject or even loathe. Freedom of expression also carries the obligation to make clear that when speaking on matters of public interest or concern, one is speaking on behalf of oneself, not the institution.

Each institution in the University of Wisconsin System has a solemn responsibility not only to promote lively and fearless exploration, deliberation, and debate of ideas, but also to protect those freedoms when others attempt to restrict them. Exploration, deliberation, and debate may not be suppressed because the ideas put forth are thought by some or even by most members of the university community (or those outside the community) to be offensive, unwise, immoral, or wrong-headed. It is for the members of the university community, not for the institution itself, to make those judgments for themselves, and to act on those judgments not by seeking to suppress exploration of ideas or expression of speech, but by openly and vigorously contesting the ideas that they oppose. Indeed, fostering the ability of members of the university community to engage in such debate and deliberation in an effective and responsible manner is an essential part of each institution’s educational mission.

Accordingly, the University of Wisconsin System Board of Regents expresses its expectation that the principles of academic freedom and freedom of expression will be upheld because today, as previously stated by Regents on September 18, 1894: “Whatever may be the limitations which trammel inquiry elsewhere, we believe the great state University of Wisconsin should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.”

2. Conduct on University Lands; Student and Employee Discipline

Chapters UWS 17 (Student Nonacademic Misconduct Procedures) and UWS 18 (Conduct on University Lands) of the Wisconsin Administrative Code and other relevant Administrative Code provisions, UW System and UW institution policies, and State statutes govern the conduct of students, employees, and visitors on all real property owned or leased by, or otherwise under the control of the Board of Regents. These Administrative Code provisions, statutes and policies provide UW institutions with authority to address disruptive behavior by students, employees, and visitors.

Chapter UWS 17.09 describes misconduct that may subject a student to discipline, including but not limited to: disruption of university-authorized activities; dangerous conduct; unauthorized use of or damage to property; violation of criminal law; serious and repeated violations of municipal law; violation of university rules; and violation of Chapter UWS 18. Chapter UWS 17.10(1) contains a range of disciplinary sanctions for students under the jurisdiction of the institution who engage in violent or other disorderly conduct that materially and substantially disrupts the free expression of others. Chapter UWS 18 describes misconduct that may subject a student or an employee to discipline, and that may subject students, employees, and campus visitors to municipal fines or criminal sanctions, including but not limited to Chapter UWS 18.10 (offenses against public safety), Chapter UWS 18.07 (use of campus facilities), and Chapter UWS 18.11 (offenses against public peace and order). Chapter UWS 18.13 describes forfeiture penalties for violation of certain sections of Chapter UWS 18.

Students charged with misconduct by the University shall be provided the procedural protections in Chapter UWS 17 and parallel UW institution policies. Those protections include, but are not limited to: the right to a written report detailing the alleged misconduct, describing all information available to the university regarding the alleged misconduct, and specifying the sanction sought; the right to a hearing before an impartial hearing examiner or hearing committee; the right to question adverse witnesses; the right to present information and witnesses; the right to be heard; the right to be accompanied by an advisor who may be an attorney; and the right to an appeal.

A formal investigation and disciplinary hearing is required the second time a formal complaint alleges a student has engaged in violent or other disorderly misconduct that materially and substantially disrupted the free expression of others. Any student who has twice been found responsible for misconduct that materially and substantially disrupted the free expression of others at any time during the student’s enrollment shall be suspended for a minimum of one semester. Any student who has thrice been found responsible for misconduct that materially and substantially disrupted the free expression of others at any time during the student’s enrollment shall be expelled. This paragraph shall be effective upon amendment of Chapter UWS 17 of the Wisconsin Administrative Code under Chapter 227 of the Wisconsin Statutes to include a parallel provision. The report regarding repeat violators described in Section 5 of this policy will not be required after the effective date of the amendment to Chapter UWS 17.

Employees charged with misconduct described in Chapter UWS 18 and UW institution policies governing employee conduct shall be provided the procedural protections in applicable Wisconsin Administrative Code sections and UW institution policies.

3. Freedom of Expression

Students and employees have the freedom to discuss any problem that presents itself, as the First Amendment of the U.S. Constitution and Article I of the Wisconsin Constitution permit. Students and employees shall be permitted to assemble and engage in spontaneous expressive activity as long as such activity does not materially and substantially disrupt the functioning of an institution.

Protests and demonstrations that materially and substantially disrupt the rights of others to engage in or listen to expressive activity shall not be permitted and shall be subject to sanction. This policy shall not prohibit administrators, faculty, or other instructors from maintaining order. Access to UW institutions for purposes of free speech and expression shall occur within the limits of reasonable viewpoint-neutral and content-neutral restrictions on time, place, and manner of expression and the provisions of Chapter UWS 21 (Use of University Facilities) of the Wisconsin Administrative Code.

4. Restriction of Expression

UW institutions may restrict expressive activity not protected by the First Amendment of the U.S. Constitution or Article I of the Wisconsin Constitution, including any of the following:

1. Violations of state or federal law.
2. Discriminatory harassment.
3. Sexual harassment.
4. True threats.
5. An unjustifiable invasion of privacy or confidentiality.
6. An action that materially and substantially disrupts the function of an institution.
7. A violation of a reasonable time, place, and manner restriction on expressive activities.

Nothing in this policy shall be construed to prevent institutions from regulating speech or activity as allowed by law.

5. Accountability

Annual Report: The Wisconsin Constitution recognizes in Article I, Section 3, that “Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right,” and in Article I, Section 4, that the “[R]ight of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.” The First Amendment to the U.S. Constitution provides parallel protection for these rights. Upholding the constitutional rights of persons who have differing viewpoints can be challenging within the academy and elsewhere.

The UW System shall report annually to the Board of Regents regarding the efforts of its institutions to uphold the principles expressed in this policy and to fulfill the Board’s Commitment to Academic Freedom and Freedom of Expression. The UW System’s report shall describe any affirmative steps its institutions have taken in furtherance of the Board’s Commitment, as well as any material barriers to these freedoms within the System and steps being taken to remove those barriers. The report also shall describe any formal complaints of violations of these freedoms during the reporting period and the administrative response to those complaints, including any disciplinary proceedings involving students or employees. The report shall comply with all federal and state law privacy protections for students and employees.

Report Regarding Repeat Violators: Until the proposed Chapter 227 rulemaking described in section 2 of this policy is completed, if a UW institution does not suspend or expel a student who has been found responsible through the student disciplinary process on two or more occasions of materially and substantially disrupting the expressive rights of others at any time during the student’s enrollment, the UW institution’s chancellor shall report to the Board of Regents regarding the disciplinary process and decision. The report shall comply with all federal and state law privacy protections for students.

6. Neutrality

Each UW institution shall not take action, as an institution, in such a way as to require students or employees to express a particular view on a public policy issue.

7. New Student Orientation

Each UW institution shall include in orientation for freshman and transfer students information regarding freedom of expression consistent with this policy.

8. Notice

Each UW institution annually shall provide notice to all enrolled students and employees informing them of this policy.

9. Inconsistent Policies

This policy supersedes and nullifies any provisions in the policies of a UW institution that improperly restrict speech at that institution and are, therefore, inconsistent with the policy. Each UW institution shall remove or revise any such provisions in its policies to ensure compatibility with this Board policy.

Oversight, Roles, and Responsibilities

Each chancellor shall be responsible for implementing the provisions of this policy.

¹ Sources: Richard Ely Trial Committee Final Report, September 18, 1894, University of Wisconsin Board of Regents; Report of the Committee on Freedom of Expression at the University of Chicago; Johns Hopkins University Statement on Academic Freedom; Princeton University Statement on Freedom of Expression; Purdue University Commitment to Freedom of Expression

History: Res. 10600, adopted 12/15/2015; Res. 10906, adopted 07/07/2017; Res. 10952, adopted 10/06/2017, created Regent Policy Document 4-21.

Alcohol and Drug Use

The University of Wisconsin–Whitewater recognizes that some members of our community will at times choose to consume alcohol. This site offers a place for support services and information for our UW-whitewater. Resources, services, and policy information can be found in one space. Our campus alcohol policies and practices are designed to encourage and enforce an environment in which such consumption is legal, safe, and responsible. Consumption of alcohol by individuals under the age of 21 is illegal in the State of Wisconsin.

Drug Abuse

UW-Whitewater Responsibilities:

UW-Whitewater is bound by existing state and federal illicit drug laws and therefore cannot and will not condone the illegal use, possession or distribution of marijuana and/or illegal drugs by members of the University of Wisconsin-Whitewater community.  The university assumes no legal responsibility for the choices that students make concerning use of marijuana and other illegal drugs. Any student who violates the law does so at his/her own jeopardy and is subject to disciplinary action.  More detailed information regarding internal sanctions can be found at uww.edu/documents/uhcs/uwwalcoholmarijuanasanction.pdf

Student Responsibilities:

The University of Wisconsin-Whitewater recognizes the freedom of students to choose the course of their actions; however, it cannot permit activities that interfere with the rights and freedoms of others. A University student is not entitled to greater immunities or privileges before the law than those enjoyed by other citizens, and they are not entitled to lesser treatment in the same case.

Counseling Responsibilities: (excludes Rock County students)

UW-Whitewater students who have been addressed by the disciplinary system for their use of / involvement with illegal drugs are often referred to the University Health and Counseling Services for an alcohol and other drug abuse (AODA) evaluation. Counseling Services provides an opportunity for students to examine the impact of their AOD use and to have a professional assess whether further treatment is indicated. Counseling Services offers an initial AODA evaluation for any student and can help with the referral process if a student chooses to seek treatment. Assessments are not provided to meet legal, court-ordered, requirements. Students who are concerned about either their own or another person's alcohol or other drug use are encouraged to contact the Counseling Services at (262) 472-1305 for an appointment. All counseling appointments are confidential.  Free educational resources are also available by contacting UHCS (262) 472-1305.

All students, faculty, and staff should educate themselves about the laws, policies (linked below), consequences, and expectations related to alcohol use at UW-Whitewater.

Drug-Free Workplace & Campus Policy created this website to increase transparency about those policies and practices and the guiding principles behind them.

Help Support Services and Important Links

Dean of Students                                            Housing                     

Human Resources                                           Employee Assistance Office

UHCS                                                             James R Connor University Center

UWW PD

Alcohol Policy at UW-Whitewater

The alcohol policies on campus have been summarized and collected on this site to make it easier for individuals to familiarize themselves with the rules and guidelines that affect the greatest number of situations.

This list is not exhaustive. Updates or modifications may take place from time to time. For the most up-to-date information, be sure to follow the links back to the current websites of the responsible divisions.

Click on any of the links to view the respective alcohol policies and laws.

University Housing

University Events

Disciplinary Procedures

Tailgating Policy for UWW Athletics

Student Athletic Policy 

Laws

All City of Whitewater and State of Wisconsin laws regarding alcohol are fully enforceable on campus. In addition, the City of Whitewater has ordinances that are enforceable on city property. Students should be aware of the applicable laws, which include the following:

• It is illegal for anyone under the age of 21 to possess or consume any alcoholic beverage(liquor, fermented malt liquor, etc.).
• It is illegal for anyone under the age of 21 to procure or attempt to procure any alcoholic beverage. This can include ordering a drink at a bar or attempting to purchase beer at a liquor or convenience store or any other location that sells alcoholic beverages.
• Possession of false identification or identification that falsely represents the bearer to be of legal drinking age is illegal. Use of the ID is also illegal, and mere possession is a violation. It is illegal even if the ID belongs to an older sibling or other relative or friend. A person possessing a fake ID can be fined more than $500.
• Supplying alcoholic beverages to an underage person is illegal. This includes purchasing alcohol for an underage person at a tavern or liquor store, giving an alcoholic beverage to an underage person, and providing or selling alcohol to an underage person at a house party.
• OWI, or operating a vehicle while under the influence of alcohol or other drugs or narcotics, applies to use of a moped as well as to a car. No person under the age of 21 may operate a motor vehicle with any trace of alcohol in their system.

Bias-Free Environment

Bias-Free Environment PDF

UW-Whitewater ("University") is committed to providing a campus environment and community that is free from hate, bias, discrimination, harassment and retaliation.  The University promotes and encourages equity, justice, inclusion, diversity and community through a respectful, open-minded and free exchange of ideas and opinions. The University fosters an environment in which all community members are respected, valued, and equally able to pursue their individual goals, whether it be an education or employment.

The University has developed a Hate-Bias Reporting Policy and online reporting form in which individuals may report hate-bias incidents.  Anyone who believes they have been subject to or have witnessed any form of hate, bias, discrimination, harassment or retaliation should submit the form below and/or contact the Dean of Students Office in Andersen Suite 2130, 262-472-1533 or: 

Dr. Kenny E. Yarbrough
Chief Equity, Diversity and Inclusion Officer
Office of the Chancellor
Hyer Hall, Room 425
262-472-1910

Click here to access the Hate-Bias Incident Reporting Form.  Please note: this online form and the information presented here are only for use in non-emergency situations.

If you are concerned for the immediate safety of yourself or others, please contact the UW-W University Police Department 24 hours a day, seven days a week by phoning 262-472-4660, or dial 911. 

Bicycle, Skateboard, and Rollerblade Regulations

Bicycle, Skateboard, and Rollerblade Regulations PDF

The University of Wisconsin-Whitewater Police Department provides free bicycle registration to anyone on campus or in the community.  This free service is available 24 hours a day by visiting the University Police Department located on the first floor of Goodhue Hall.  All bicycles located on campus should be registered.  Students may obtain a brochure of bicycle rules and regulations at the time of registration.

Bicycles must be parked at bicycle racks and lockers located throughout campus.  Bicycles may not be parked or kept inside buildings, obstruct free passage of vehicles, pedestrians or people entering buildings, on sidewalks, in motor vehicle spaces, chained to trees, handrails, shrubbery or other fixtures per §UWS 18.08(3) of the Wisconsin Administrative Code.  (Chapter UWS 18)   The University Police will confiscate bicycles found in violation of the above.

To ensure bicycles are not abandoned on campus for long periods of time, “Bicycle Sweep” will be implemented in May of each year.  This initiative will notify bicycle users of the annual removal sweep, identify abandoned bicycles and arrange for their removal.

                Annual “Bicycle Sweep” to remove abandoned bicycles.

        During the first week of May, all UWW students and personnel will be notified of the “Bicycle Sweep” and all bicycles will be marked by University Police staff.

        One week after the semester has concluded, all bicycles that have not been moved, and are marked, will be removed from the bicycle racks by University Housing or Facilities Planning and Management staff.  A removal list containing the bicycle make, model, serial number and registration number will be provided to the University Police staff for a records check.  The bicycles will be stored at University Surplus for six weeks and then disposed of according to University procedure. 

Bicycling, skateboarding, and rollerblading is permitted on campus, but NOT in certain locations.  The performance of various “trick riding”, airborne maneuvers (known as aerobatic riding), or stunts is prohibited when and where those actions may result in injury to any person or cause damage to property.   (UWW Skating & Bicycling Policy)

For more information, contact University Police Department at 262-472-4660.

Campus Fundraising Policy

All fundraising activities, including raffles, must be approved prior to occurrence, by Career & Leadership Development. Information on the University policy for campus sales and fundraising may be obtained from Career & Leadership Development at (262) 472-1471 or at uww.edu/connect

UWS 14.01 Statement of principles. The Board of Regents, administrators, faculty, academic staff and students of the University of Wisconsin System believe that academic honesty and integrity are fundamental to the mission of higher education and of the University of Wisconsin System. The university has a responsibility to promote academic honesty and integrity and to develop procedures to deal effectively with instances of academic dishonesty. Students are responsible for the honest completion and representation of their work, for the appropriate citation of sources, and for respect of others' academic endeavors. Students who violate these standards must be confronted and must accept the consequences of their actions.

Confidentiality Policy

Complainants have the right to request confidentiality of a complaint of perceived bias. However, the University must weigh requests for confidentiality against the need to conduct a thorough investigation and properly address violations of University policy that impact the safety and security of the campus community.  The University will attempt to keep complaints private to the extent possible and consistent with legal requirements and/or the university's requirement to investigate allegations and take appropriate action.

In order to protect the integrity of the inquiry, investigation, and resolution through the use of this process, all parties and witnesses are expected to maintain the confidentiality of the process.  However, confidentiality is not ensured if disclosure is required by law, or if disclosure is necessary to report a crime or violation of law or to engage in concerted activity regarding terms or conditions of employment, or in relation to the right of a student respondent or complainant to re-disclose the outcome of the process under FERPA and/or Campus Crime Statistics Act (Clery Act) laws.

Consensual Relationships

Please see Regent Policy Document 14-8, Consensual Relationships Policy, also included below:

Scope

This policy describes the Board of Regents’ expectations with respect to consensual romantic or sexual relationships where a power differential exists. This policy covers all UW System employees, students, and affiliated individuals.

Purpose

The purpose of this policy is to ensure that the employment and academic environment is free from real or perceived conflicts of interest when UW employees, students, and affiliated individuals, in positions of unequal power, are involved in consensual romantic or sexual relationships.

Definitions

1. Consensual Relationships: A consensual relationship refers to any relationship, either past or present, which is romantic, physically intimate, or sexual in nature, and to which the parties consent or consented. This includes marriage.
2. Conflict of Interest: A conflict of interest exists when there is incompatibility between private/personal interests and official/professional responsibilities.
3. Instructor: An instructor includes faculty and academic staff members who serve in instructional roles in relation to students. The instructional context includes: academic instruction, advising, direct or indirect evaluation of a student’s work, research collaboration or assistantships, and coaching.
4. Power Differential: A power differential exists when individuals possess different degrees of power or influence due to their professional or student standing.
5. Employees: Employees include, but are not limited to, administrators, faculty, academic staff, university staff, student staff, graduate assistants, and interns.
6. Students: Students are individuals enrolled in courses at the university, including online.
7. Affiliated Individuals: Affiliated individuals include, but are not limited to, volunteers, vendors, and contractors. In this policy, all references to employees should also be considered references to affiliated individuals.

Policy Statement

It is the policy of the University of Wisconsin System Board of Regents that consensual relationships that might be appropriate in other circumstances are not appropriate when they occur between (1) an employee of the university and a student over whom the employee has or potentially will have supervisory, advisory, evaluative, or other authority or influence, or (2) an employee of the university and another employee over whom the employee has or potentially will have supervisory, advisory, evaluative, or other authority or influence. Even where negative consequences to the participants do not result, such relationships create an environment charged with potential or perceived conflicts of interest and possible use of academic or supervisory leverage to maintain or promote the relationship. Romantic or sexual relationships that the parties may view as consensual may still raise questions of favoritism, as well as of an exploitative abuse of trust and power.

The following two types of consensual relationships are addressed in this policy: (1) employee with a student; and (2) employee with another employee.

1. Employee With a Student
   1. It is a violation of this policy for an instructor to commence a consensual relationship with a student currently under their instruction or whom the instructor reasonably believes in the future may be under the instructor’s instruction. If an instructor and a student are already in a consensual relationship when the student comes under the instructor’s instruction, then the provisions of A.2. apply.
   2. A consensual relationship between (1) an employee, who is not an instructor as defined by this policy, and a student over whom the employee has supervisory, advisory, evaluative, or other authority or influence, or (2) an instructor and a student where the instructor has supervisory, advisory, evaluative, or other authority or influence over the student, and where the instructor and student were already in a consensual relationship prior to the student coming under the instructor’s instruction, is a violation of this policy unless:
      1. The employee immediately reports the relationship to their supervisor/department chair, to the hiring official, or to the administrator who supervises the hiring official; and
      2. The employee cooperates in actions taken to eliminate any actual or potential conflicts of interest and to mitigate adverse effects on the other party to the relationship.
   3. The supervisor or university official who receives the report shall treat the information sensitively and shall promptly:
      1. Consult with the director of equity/diversity and/or human resources; and
      2. In cooperation with the director of equity/diversity and/or human resources, eliminate conflicts of interest and mitigate adverse effects on the other party to the relationship, by:
         1. Documenting the steps taken, providing all parties a copy; and
         2. Transferring one of the individuals to another position; and/or
         3. Transferring the student into a different class or section; and/or
         4. Transferring supervisory, evaluative, academic, or advisory responsibilities; and/or
         5. Securing a source of funding for the student that is not dependent upon the employee with whom the student is in a consensual relationship, if applicable.
2. Employee With Another Employee
   1. A consensual relationship between an employee and another employee where one employee has supervisory, advisory, evaluative, or other authority or influence over the other employee or where the employee reasonably believes the employee will have supervisory, advisory, evaluative, or other authority or influence over the other employee, is a violation of this policy, unless:
      1. The employee with the supervisory, advisory, evaluative, or other authority or influence over the other employee immediately reports the relationship to their supervisor/department chair, to the hiring official, or to the administrator who supervises the hiring official; and
      2. The employee with the supervisory, advisory, evaluative, or other authority or influence over the other employee cooperates in actions taken to eliminate any actual or potential conflicts of interest and to mitigate adverse effects on the other employee.
   2. The supervisor or university official who receives the report shall treat the information sensitively and shall promptly:
      1. Consult with the director of equity/diversity, and/or human resources; and
      2. In cooperation with the director of equity/diversity and/or human resources, eliminate conflicts of interest and mitigate adverse effects on the other party to the relationship, by:
         1. Documenting the steps taken, providing all parties a copy; and
         2. Transferring supervisory, evaluative, academic, or advisory responsibilities; and/or
         3. Securing a source of funding for the employee that is not dependent upon the employee with supervisory, advisory, or evaluative responsibility with whom the employee is in a consensual relationship, if applicable.
3. Violations

   It is a violation of this policy for an instructor to commence a consensual relationship with a student currently under their instruction, and may result in disciplinary action against that employee. If an instructor or other employee fails to meet the requirements for disclosing the relationship with a student or another employee, or fails to cooperate in the actions described above, such a failure constitutes a violation of this policy and may result in disciplinary action taken against that employee. If the employee is also a student, it may also result in disciplinary actions under Chapter UWS 14 and/or 17, Wis. Admin. Code.

   To report potential violations of this policy, individuals should contact either the Director of Human Resources or the Title IX Coordinator.

   Retaliation against persons who report concerns about potential violations of this policy is prohibited.

   Each UW institution shall publish this policy in a location accessible to faculty, staff, students, and the public.

   Each institution shall educate faculty, staff, and students on the requirements of the policy.

Oversight, Roles, and Responsibilities

Each chancellor or his or her designee shall be responsible for implementing institutional procedures consistent with this policy.

Related Regent Policies and Applicable Laws

UPS Operational Policy GEN 8, “Consensual Relationships”
UPS Operational Policy GEN 28, “Sexual Misconduct”
R PD 14-2, “Sexual Violence and Sexual Harassment”
RPD 14-6, “Discrimination, Harassment, and Retaliation”
History: Res. 5867, adopted 07/12/1991, created Regent Policy Document 91-8; subsequently renumbered 14-8; Res. 10787, adopted 12/08/2016, amended Regent Policy Document 14-8.

Discrimination, Discriminatory-Harassment and Retaliation

DISCRIMINATION, HARASSMENT AND RETALIATION POLICY

The University of Wisconsin-Whitewater strives to foster an environment of respect for all members of the university community free from discrimination and harassment. Incidents of discriminatory conduct are detrimental to the individuals directly involved and diminish the university community. UW-Whitewater is committed to the elimination of discrimination and discriminatory harassment toward anyone in the UW-Whitewater community. In accordance with federal and state laws and University of Wisconsin System policy, this policy outlines expectations of conduct and procedures applicable to students, employees, and guests of UW-Whitewater.

SCOPE

This policy applies to all areas of UW-Whitewater programs, activities, employment practices and operations, including the conduct of all students and employees that arises out of their employment, educational or academic status, as well as to the conduct of all guests, visitors, vendors, contractors, subcontractors and others who do business with UW-Whitewater.

BACKGROUND

Regent Policy Document 14-6 states that institutions shall have, “1) policies and procedures consistent with this Board policy for the prevention and prohibition of discrimination, harassment and retaliation against students or employees; and 2) procedures in place to ensure prompt and corrective action whenever discrimination, harassment or retaliation may occur.” “Each institution shall develop a process to notify prospective and current students, student organizations, job applicants and employees of its institutional policies and procedures regarding discrimination, discriminatory harassment, and retaliation.” Please see Procedures section below.

DEFINITIONS

Discrimination: Conduct that adversely affects any aspect of an individual’s employment, education, or participation in UW-Whitewater’s activities or programs or has the effect of denying equal privileges or treatment to an individual on the basis of that individual’s protected status or another category as defined in this policy.

Discriminatory Harassment: A form of discrimination consisting of unwelcome verbal, written, graphic or physical conduct that: 1. Is directed at an individual or group of individuals on the basis of the individual or group of individuals' actual or perceived protected status, or affiliation or association with person(s) within a protected status (as defined above): and 2. Is sufficiently severe or pervasive so as to interfere with an individual’s employment, education or academic environment or participation in institution programs or activities and creates a working, learning, or living environment that a reasonable person would find intimidating, offensive or hostile. To constitute prohibited harassment, the conduct must be both objectively and subjectively harassing in nature. Harassment may include but is not limited to verbal or physical assaults, threats, slurs or derogatory or offensive comments that meet the definition set forth in this policy. Harassment does not have to be targeted at a particular individual in order to create a harassing environment, nor must the conduct result in a tangible injury to be considered a violation of this policy. Whether the alleged conduct constitutes prohibited harassment depends on the totality of the particular circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.

Retaliation: 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 to discrimination or discriminatory harassment in the educational or workplace setting

Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the institution conditions the provision of an aid, benefit, or service of the institution directly or indirectly on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in a program or activity of the university that, when using the legal “reasonable person” standard:
   • Is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity; or 2. Is so severe or pervasive and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or participation in a university sponsored or supported activity, or creates an intimidating, hostile, or offensive academic, working, or program or activity related environment.

POLICY STATEMENT

It is the policy of UW-Whitewater to maintain an academic and work environment free from discrimination, discriminatory harassment, and retaliation for all students, employees and guests.

UW-Whitewater will not tolerate discrimination or harassment by or toward students, employees, and guests on the basis of sex, race, religion, color, creed, disability, sexual orientation, gender identity or expression, national origin, ancestry, age, marital status, pregnancy, political affiliation, arrest or conviction record, veteran’s status, or any other prohibited basis defined by federal or state law or UW System policy.

Retaliation toward an individual for filing a complaint of discrimination or discriminatory harassment, participation in an investigation of such complaint and/or opposition to discrimination or discriminatory harassment in the educational or workplace setting is also a form of harassment and is therefore prohibited.

Use of institution technology (computers, e-mail systems, voice mail system, and webpages) for the purposes of discrimination, discriminatory harassment, or retaliation is also prohibited. Such behaviors will not be tolerated and will be handled in accordance to the procedures outlined in this policy.

Any person who believes they have been subjected to this type of prohibited activity should immediately report it to the appropriate institution officials or offices as listed in “Procedures” section below. Students who file a complaint under this policy have the right to appeal of the chancellor’s or dean’s decision to the Board of Regents, as permitted under Wisconsin Statute §36.12(2)(b).

The following protections shall apply to this policy in regard to an individual’s protected status:

Students -  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 UW-Whitewater because of the student's race, color, creed, religion, age, sexisms, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, military service, veteran status, or any other category protected by law, including physical condition or developmental disability as defined in Wisconsin Statute §51.01(5).

Employees - No employee or prospective employee may be discriminated against on the basis of race, color, creed, religion, age, sexisms, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, genetic information, arrest or conviction record, military service, veteran status, use or non-use of lawful products off university premises during nonworking hours, declining to attend a meeting or participate in any communication about religious matters or political matter, or any other category protected by law.

PROCEDURES

Procedures for Reporting Discrimination or Harassment:

Any member of the university community who has been either a target of or a witness to discrimination or harassment has a right to take action either by confronting those involved directly or by reporting the incident to a university official (as described under "1. Complaint Intake"). While every effort will be made to respect both the confidentiality and the wishes of the complainant, university officials have an ethical and legal obligation to take action to prevent and stop illegal harassment or discrimination and may therefore be compelled to take some action, even if the complainant is unsure of what action is desired. Incidents reported to university officials will be handled in a manner that protects the privacy and due process rights of everyone involved. Specific incidents of alleged discrimination or discriminatory harassment will be reviewed on a case-by-case basis in accordance with the procedures outlined below. Due consideration will be given to the protection of individual First Amendment rights to freedom of speech, expression, and academic freedom.

The following procedures have been established to provide a framework for handling such concerns.

Complaint Intake

• University officials prepared to deal with concerns about discrimination and harassment include: Title IX Coordinator; Dean of Students office staff; Chief Human Resources Officer; Deputy Title IX Coordinators; University Police; University Housing staff; Associate Vice Chancellor of Equity, Diversity, Inclusion and Support Programs & Senior Diversity Officer; and supervisors, such as Department Chairs, Directors, and Deans.
• When someone raises a concern about discrimination or harassment, they should be directed to the appropriate university official listed above. That official will then: 1) Listen and help clarify both the concern and the desired outcome 2) Explain the options available which may include an offer of University/community resources, explanation of the University/legal adjudication processes, offer of interim protection measures, and/or offer of academic accommodations 3) Attempt a resolution if desired by the individual with the concern and 4) Submit a complaint intake form to the appropriate office: Hate Bias Student Discrimination Employee Discrimination
• The university official to whom a report of sexual violence or sexual harassment has been made will fill out a Sexual Misconduct Form.

Informal Resolution

• Informal resolution has the goal of ending offensive behavior and resolving the concern rather than assessing blame and exacting a penalty. If a concern can't be resolved informally, or if the behavior is so serious or persistent as to warrant disciplinary action, it should be handled through formal procedures.
• If an informal resolution is to be attempted by one of university official listed above, the university official will meet with the individual accused of the offending behavior to explain the concern and get a response. The university official will endeavor to respect the complainant’s wishes with respect to confidentiality and participation in meeting with the accused individual. While informal resolution may result in some mutually agreeable action, such as an apology or a behavior contract, no record of a complaint resolved informally will be placed in the respondent’s personnel file or student record.

Formal Procedures

• The purpose of formal action is to determine if the UW-Whitewater policy on discrimination, harassment and retaliation has been violated and, if so, to enact disciplinary sanctions and/or prescribe a course of action that will resolve the situation. Disciplinary sanctions may include but are not limited to a written reprimand, probation, suspension, dismissal or expulsion.
• Formal procedures are set in motion when a signed written complaint is filed with one of the university officials listed above. The complaint must contain the name and signature of the complainant, details of the situation precipitating the complaint, and a statement of desired outcome. When a signed complaint has been received, the university official receiving the complaint will notify the appropriate department as indicated below, who will set in motion the appropriate process and notify the individual or group against whom the complaint has been made.
• The process for filing a complaint, investigating and hearing complaints and grievances against individuals depends upon the status of the accused (faculty, academic staff, university staff, or student). The following policies guide these processes: Faculty: Complaints against Faculty will be reviewed by the chancellor, or designee, and processed in accordance with Faculty Personnel Rules (UW-W Chapter 3), and Chapter 6 - Rules Governing Complaints and Grievances Against Faculty. Academic Staff: Complaints against Academic Staff will be investigated by the Office of Human Resources or the Vice Chancellor of Administrative Affairs or designee in accordance with Academic Staff Personnel Policies and Procedures University Staff: Complaints against University Staff will be investigated by the Office of Human Resources or the Vice Chancellor of Administrative Affairs or designee in accordance with UW System Administrative Policy 1241: Complaint Procedures and UW System Administrative Policy 1233: Grievance Procedures. Students: Complaints against students will be investigated by the Dean of Students Office and or referred to the appropriate department or unit, in accordance with UWS Chapter 14 and UWS Chapter 17. Guests: Complaints against guests or otherwise non-students or employees will be investigated by University Police, and other campus departments as necessary, in accordance with USW Chapter 18.
• In determining whether discrimination or harassment has occurred, the investigating body will apply state and federal statutes, regulations, and case law relevant to the basis of discrimination being alleged. Where there is a question as to whether the action or conduct constitutes discrimination or harassment, appropriate legal counsel will be consulted. If the relevant policies above do not contain their own procedure for appeals, the following appeal process will apply. Appeal Process For conduct defined in this policy, where the sanction is prescribed by the University Administrator, the Respondent may appeal in writing within 14 days of the date of the written decision to the Chancellor or their designee (i.e. Appellate Administrator).

The Appellate Administrator has 30 days from date of receipt of an appeal to respond and shall sustain the decision unless the Appellate Administrator finds any of the following:

• The information and evidence presented as a result of the investigation does not support the findings or decision.
• Appropriate procedures were not followed which resulted in material prejudice to the respondent
• The decision was based on factors proscribed by state or federal law.
• Alleged violations of other UWS Chapter codes will follow each chapters appeal process. Discretionary Appeal to the Board of Regents For conduct defined in this policy, institutional decisions shall be final, except the board of regents may, at its discretion, grant a review upon the record, upon written request submitted by the Respondent within 14 days of the final institutional decision, as permitted under s.36.12(2)(b), Wisconsin State Statute. Record Keeping Timelines
• A record identifying a specific individual will be kept only if the person has been notified of the existence of the report and been given an opportunity to attach a counter statement; in that case, the record will be kept for six years and destroyed if no further reports have been filed.
• All reports of discrimination and harassment must be handled in a timely fashion. Complaints must be filed with UW- Whitewater within 300 days of the alleged violation. Other timelines are determined by the procedures that apply to the status of the accused (faculty, academic staff, university staff, or student).
• A copy of this policy and the procedures for implementing it will be distributed annually to all UW-Whitewater students, faculty, academic staff, and university staff. In addition, educational programs will be conducted regularly to sensitize members of the university community to the issues covered by this policy. This will be performed by the Quality Assurance Improvement Manager.
• Use of these procedures does not prevent the complainant from seeking legal redress. Time limits for filing complaints under the various laws differ.

RESPONSIBILITIES
Position/Office: Title IX Coordinator, Dean of Students / Office of Dean of Students, Chief Human Resources Officer / Human Resources Department / University Police, Chief of Police Responsibilities: The above-mentioned positions and offices have the responsibility to maintain and consistently manage the implementation of this policy.

CONTACTS

Those designated to recieve questions and feedback on the policy

Updated 01.13.2023

Drug-Free Workplace & Campus

Congress has enacted the Drug-Free Workplace Act of 1988 and Drug-Free Schools & Community Act of 1989 which places certain responsibilities on the University as the recipient of federal grants and contracts. Pursuant to federal requirements and in keeping with current University policy, all UW-Whitewater students and employees are reminded that University rules, policies and practices prohibit the unlawful manufacture, distribution, dispensing, possession or use of controlled substances on all University property and worksites. Any employee who engages in any of these actions on University property or worksites or during work time may be referred to counseling or treatment, and may be subject to disciplinary action up to, and including, discharge.

Employees who are convicted of any criminal drug statute violation occurring in the workplace must notify their supervisor (e.g., dean, director or department chair) within 5 days of the time of the conviction. Supervisors of employees who are being paid from federal funds must then notify the Chief Human Resources Officer within 5 days of conviction. The Chief Human Resources Officer, in turn, will notify both the federal contracting or granting agency and the appropriate University office within 5 days after receiving notice from the supervisor. The University will take appropriate referral or disciplinary action within 30 days of the employee notifying the supervisor.

Employees who have problems with alcohol or other drugs are encouraged to voluntarily contact the Employee Assistance Program (EAP) for referral to counseling or treatment programs. Early diagnosis and treatment of substance abuse is in the best interest of the University and the employee. Contacts with the EAP may remain confidential. EAP is provided by FEI and employees can contact them by calling (866) 274-4723 (24 hours a day, 7 days a week).  The programs's counseling services are available at no cost to employees and/or their household members.  Professional counselors are available via phone, video, and in-person in the local area.  Employees can receive up to 6 sessions, per issue, per year.

For more details on alcohol and drugs, see: www.uww.edu/adminaffairs/police

Emergency Evacuation from Buildings

Students should be familiar with procedures to follow during emergency evacuations from buildings. This is particularly critical for students with disabilities who may need assistance in exiting buildings. Any student needing assistance should please contact their Residence Life staff and instructors during the first week of each semester. For details, see emergency.uww.edu

Equal Opportunities in Education

The University of Wisconsin-Whitewater (UWW) is committed to maintaining a learning and working environment that is free of sexual misconduct. Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual misconduct includes sexual harassment, sexual violence, sex-based misconduct, relationship violence, discrimination based on pregnancy, and the failure to provide equal opportunities in employment, admissions, or any educational programs or activities.

Title IX Sexual Misconduct and Non-Title IX Sexual Misconduct
The current rule treats all allegations of sexual misconduct the same. The new federal regulations narrow the scope of conduct to which Title IX protections apply. However, the federal regulations specify that schools are not prohibited from addressing a broader scope of conduct under institutional codes of conduct. Under the new rule, allegations of sexual misconduct that do not fall within the scope of Title IX will continue to be addressed using student and employee conduct codes. Inquiries or complains may be addressed to Vicki Schreiber, Title IX Coordinator, 800 W. Main, Hyer Hall 330, UW-Whitewater 262-472-2143 titleix@uww.edu or through the Dean of Students Office.

In accordance with Title IX regulations, the University has designated Vicki Schreiber as the University's Title IX Coordinator. She is charged with monitoring compliance with these regulations. Questions regarding Title IX, as well as concerns and complaints of non-compliance, may be directed to her. She is responsible for receiving employees' complaints of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, against other employees. The Dean of Students office is responsible for receiving student complaints of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, against other University students.

Contact Information

Vicki Schreiber, Ph.D.
Title IX Coordinator
800 W. Main, Hyer Hall 330
UW-Whitewater
262-472-2143
titleix@uww.edu

Dean of Students Office
Anderson 2130
(262) 472-1533
Fax: (262) 472-1275
deanofstudents@uww.edu

Definitions

The current rule defines sexual misconduct, such as sexual harassment and sexual assault, under the corresponding statutory definitions in the Wisconsin Statutes. The new federal regulations require adoption of definitions for sexual assault, dating violence, domestic violence, and stalking from the federal Clery and Violence Against Women Acts and adds a definition of “sexual exploitation” to the list of sexual misconduct.

Additionally, the new federal regulations define sexual harassment for Title IX purposes to include quid pro quo and “unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectionably offensive.”

The current rule allows the University of Wisconsin - Whitewater to address allegations of sexual misconduct when the conduct occurs on university property, at university-sponsored events, or the conduct affects a substantial university interest. The new federal regulations narrow that definition to the following elements: (1) the school has actual knowledge of sexual harassment; (2) that occurred within the school’s education program or activity; (3) against a person in the United States. The regulations go on to define “education program or activity” to include situations over which the school exercised substantial control as well as buildings owned or controlled by student organizations officially recognized by a university, such as many fraternity and sorority houses.

Grade Appeals

At the University of Wisconsin-Whitewater it is expected that instructors will evaluate students regularly and consistently by criteria and guidelines presented to students at the beginning of each grading period. If a student has reason to believe the grade is incorrect the student may act on that by taking the following steps in chronological order. A complaint which is timely filed under any other student complaint procedure and then referred for processing under these procedures, shall be considered to have met the deadline for filing as a grade appeal.

1. Informal Process
   1. Consult the instructor whose grade is being appealed. This consultation must take place within 7 calendar days of start of classes after the grading period in question.
   2. If the student/instructor conference is unsatisfactory or if the instructor is unwilling or unable to participate, within 7 calendar days the student may schedule a conference with the chair of the department in which the course was offered.
   3. After hearing the student's appeal, the chair will attempt to resolve the problem within 7 calendar days.
   4. If this resolution is unsatisfactory, the student may then, within 7 calendar days after receiving the chairperson's response, submit a written appeal to the Department's Grade Appeals Committee through the chairperson. This will initiate the Formal Appeal Process.
2. Formal Process
   1. The appeal must be in writing and signed by the student.
   2. The Department Grade Appeals Committee will
      1. convene to examine the appeal, the response and render its conclusion in writing to the chair, student and instructor, within 14 calendar days of receipt of the appeal.
      2. While the Grade Appeals Committee cannot require the instructor to change a student's grade, the Committee can recommend such a change to the instructor and to the Dean of the College in which the course is offered.
   3. Should the student wish to appeal beyond the department, the student may submit the Committee findings and the basis for the further appeal to the Dean of the College in which the course was offered, within 3 calendar days of presentation of Committee findings. The Dean will review the student's appeal and the findings of the Committee, and recommend appropriate action to the department and the instructor within 14 days of receipt of the appeal.
   4. If this action is unsatisfactory to the student, a final appeal may be made to the Provost who will determine whether a change in grade is to be made within 14 days of receipt of the appeal. The Provost is the only individual authorized to change a student grade without the instructor's permission. However, the Provost may change a grade only when the faculty department committee and the Dean support such a change.

Student Grievance Procedures

STUDENT GRIEVANCE PROCEDURES

Source: Offices of the Provost and Vice Chancellor for Academic Affairs, Affirmative Action, Academic Discipline and Student Affairs. Approved by Whitewater Student Association and Academic Staff, 1993; Faculty Senate, 1994.

DEFINITIONS AND BASIC PRINCIPLES:

1. A grievance is a request for specific action to solve a problem or redress an injury done to the individual presenting it. When that individual is a student and is responding to treatment received as a student, it is a student grievance. However, if a student wishes to challenge an academic decision that impacts on their grade, the Student Grade Appeal procedures should be used.
   • A grievance may concern the actions taken by any UW-Whitewater employee who is a member of any college, department, office, administrative unit or committee of the University.
   • A grievance may not necessarily be directed at a particular individual but rather at a policy or rule which the student believes to be unfair.
2. The basis for a grievance is to raise a problem for the purpose of resolving it by the parties closest to it. This is true whether the issues involve an instructor, administrator, service personnel or members of any University department, college, division, administrative unit or committee.
3. A cause of action would involve a specific injury to the student or a specific problem. A remedy should be available. If no remedy is available or if punishment of someone is sought, the procedures for complaints rather than grievances should be used (see University Handbook Sections VI-F and VI-A).
4. Process timelines are established to enable review and resolution within a reasonable time after the problem occurred. This assists problem solving when memories and facts are still fresh.
5. Written appeals and responses need not be lengthy but rather describe events, relevant facts and reasoning, so that parties are clear about what is at issue and why decisions are being made the way they are.

STEPS IN A GRIEVANCE:

1. Informal Process:
   1. Discuss the issue of concern with the individual(s) primarily involved. This should take place within 14 calendar days after the aggrieved action occurred.
   2. If this discussion brings no resolution, is unsatisfactory, or if the primary individual is unwilling or unable to participate, the student may then, within 7 calendar days of the discussion or the communication that there will be no discussion, schedule a conference with the chairperson of the department or the supervisor of the individual. The student should articulate the concerns and the result of, or lack of, discussion with the primary individual.
   3. After hearing the student's appeal, the chairperson or supervisor will attempt to mediate the problem to resolution within 14 calendar days.
   4. If this attempt at resolution is unsatisfactory or if all are not willing or able to participate, the student should submit a formal grievance to the dean or director within 7 calendar days of the failure of informal resolution.
2. Formal Process:
   1. The grievance should be in writing and signed by the student following the Basic Principles above, should explain the problem, reasons for dissatisfaction of recommended resolution and an alternative resolution.
   2. Within 14 calendar days, the dean or director can attempt further resolution or make the final decision. The student and employees should be notified of the final decision in writing.
   3. The decision of the dean or director will be final unless discipline is requested, in which event appropriate disciplinary procedures would be followed.

SYNOPSIS: STEP-BY-STEP PROCESS FOR STUDENT GRIEVANCES:

1. Problem occurs.
2. Within 14 calendar days, discuss it with the person whose actions are in question. (informal)
3. If no satisfaction, within 7 calendar days, talk it over with the chair or supervisor of the person. (informal)
4. Chair/supervisor will attempt to resolve within 14 calendar days. (informal)
5. If no satisfaction, student has 7 calendar days to write it up as a formal grievance, including why dissatisfied with recommended resolution and propose a remedy. (formal)
6. Within 14 calendar days, the dean or director will attempt resolution or make the final decision. (formal)

 To connect to the appropriate personnel for a complaint, review the following resources:

• Academic Affairs
• Student Affairs
• Administrative Affairs
• Division of Equity, Diversity, Inclusion and Support Programs

->Student Diversity, Engagement and Success

-> Adult Learning

-> Adult Student Services

-> Center for Students with Disabilities

-> International Education (International Recruitment, International Student Services and the Office of Global Engagement)

-> Pride Center and the LGBTQ+ Coordinator

-> Veteran Services

Revised 30 August 2022

UWS Policy 136: Required Disclosures for Participation in Certain UW System Services and Programs

Original Issuance Date:  November 24, 2017        [Effective Fall 2018]
Last Revision Date: June 4, 2019

1. Policy Purpose

This policy requires UW System students to provide disclosures about the following prior to living in university housing, or participating in study abroad programs:

·         any prior felony pleas or convictions in which the student was treated as an adult during the proceeding; and

·         non­academic postsecondary disciplinary violations that resulted in expulsion, dismissal, or suspension.

This policy establishes a structure by which such disclosures are to be reviewed at the institution.

2. Responsible UW System Officer

Vice President for Academic and Student Affairs
Vice President for Administration

3. Scope

This policy affects students at UW System institutions who seek to live in university housing, or participate in study abroad programs.

Academic program or department inquiries into a student’s criminal or disciplinary background due to professional or licensure requirements are outside of the scope of this policy and are to be managed by the program or department.

This policy does not preclude institutions asking the questions set forth in section 6.A of this policy to access other specific university services or programs where the chancellor of the institution deems it to be necessary to protect the welfare of the institution’s faculty, staff, and/or students. Disclosures made under these circumstances should be reviewed using the process established in section 6.B.

4. Background

The UW System values and promotes access to higher education and the benefits it provides to individuals and society-­at-­large. Participation in programs and services offered by UW System institutions is an important part of the university experience. Of equal importance is the UW System’s responsibility to provide a safe and secure environment for members of the university community.

The balance between providing access to specific university programs or services and broader safety considerations is challenging, but is important to constantly evaluate. This policy establishes standard crime and discipline questions that must be asked of a student prior to the student accessing or participating in certain services and programs at UW System institutions.

5. Definitions 

Felony Conviction: The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of a crime that is a felony.

Felony Plea: The outcome of a criminal prosecution which the accused pleads guilty or no contest to a crime that is a felony.

Post-secondary: Education that took place following graduation from high school.

Student: An individual enrolled in an undergraduate, graduate, or professional degree program at a UW System institution. This policy also applies to any visiting students from other postsecondary institutions who want to participate in services or programs requiring disclosure under this policy.

Study abroad: A university organized and administered trip for curricular purposes that occurs outside of the United States. Trips conducted by 3rd party operators are not included in this definition.

University housing: A residential facility that is operated or managed by a UW System institution, or any residential facility for which the university assigns housing.

6. Policy Statement

A. Inquiry

UW System institutions shall ask the following two questions of any student seeking to participate in any of the programs or services identified in this policy:

1.       Have you ever been convicted of a felony? This includes pleading no­contest or guilty to a felony.

2.       Have you ever been expelled, dismissed, or suspended from a postsecondary institution for a non­-academic reason?       

If a student answers ‘yes’ to either question, they must be provided any opportunity to provide further details, including a description of the incident(s), including the date(s) and location(s) and any explanatory information the student wishes to provide.

Students who are seeking participation in programs and services covered by this policy are required to notify their institutions if the answers to either question change during their enrollment at the institution. Students may be subject to disciplinary action through the institution’s regular disciplinary processes if there is a failure to disclose.

B. Institutional Review

Each UW System institution shall review affirmative disclosures made under section 6.A. of this policy. The institutional review process shall allow for input and/or representation from the program or service that the student is applying to participate in or receive.

The institution shall evaluate the disclosure and may request all relevant information to inform decision­-making.

The institution shall decide whether to grant or deny the student’s request to participate in or receive the service or program in question. The institution may also grant the student’s request subject to certain specified conditions.

A UW System institution may only deny a student’s request to participate in the programs or services identified in this policy based on disclosures made under this policy if:

·         the disclosure made is relevant to the activities or services being sought; and

·         the student’s participation in the requested service or program would pose an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

The UW System Office of General Counsel or an institution’s legal affairs office may provide guidance on these thresholds as needed.

Institutions shall allow a student to appeal an initial determination to deny the student access to a service or program covered by this policy.

7. Related Documents

Regent Policy Document 14-6, Discrimination, Harassment, and Retaliation
Regent Policy Document 23-2, Health, Safety and Security at UW System Institutions
Regent Policy Document 24-2, Freshman/Sophomore Residence Halls Requirement: Former Wisconsin State University Units Only

8. Policy History

Revision 1: June 4, 2019
First approved: November 24, 2017

9. Scheduled Review

June 2023

Sexual Assault

Section 940.225 of the Wisconsin Statutes contains four degrees of sexual assault based on the amount of force used by the respondent and the harm done to the complainant.

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

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

A Class B felony can include a sentence of imprisonment up to 60 years.

Second degree sexual assault

Whoever does any of the following is guilty of a Class C felony:

• Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
• 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.
• 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.
• 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.
• Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
• 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.
• Is an employee of a facility or program and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.
• 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.
• 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.
• Is a licensee, employee, or nonclient resident of an entity, and has sexual contact or sexual intercourse with a client of the entity.

A Class C felony can include a fine up to $100,000 and/or imprisonment up to 40 years.

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.

• (5)(b) 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.

• (5)(b)3 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.

A Class G felony can include a fine up to $25,000 and/or imprisonment up to 10 years.

Fourth degree sexual assault

Except as provided in the Third degree Sexual Assault description, whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.

A Class A misdemeanor can include a fine up to $10,000 and/or imprisonment up to 9 months.

Consent 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. The following persons are presumed incapable of consent:

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

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

Under 18: WI Statute 948.02, 948.025, 948.09: Sexual contact or intercourse with a person under the age of 16 and sexual intercourse with a person 16-18 years of age with or without consent is against the law in the state of Wisconsin.

All staff and faculty are mandated to report any known incidents of sexual misconduct to the Dean of Students Office.  The reporting form can be found on the Dean of Students website.

The university offers many programs designed to prevent sexual assault and other related offenses. Although these vary from year to year, they are typically offered in classrooms, residence halls, and through student organizations. These programs can be designed to meet the needs of a specific audience. For more information, or to schedule a program, contact Wellness Services at 262-472-1305, or the University Police at 262-472-4660.

If a sexual assault occurs, victims always have the right to report to the University Police or the police department where the crime occurred; university personnel can assist in this notification when requested. Should the victim decide to report, timely reporting and preservation of evidence are important for the proof of a criminal offense. A forensic exam can be done in most hospital emergency departments for no charge.  More information about this can be found at: http://www.uww.edu/sexual-misconduct-information.

Health and Counseling Services are available to assist student affected by sexual misconduct and can be contacted at 262-472-1305.

In the event that a student reports they have been sexually assaulted, the university will work with the student in providing interim options, if requested and reasonably available; these options include modification of the student’s academic and living arrangements, a No Contact Directive, assistance with notifying faculty or employers, and resource referrals.  Students need to contact the Dean of Students Office (262-472-1533) to request these options.

If the alleged perpetrator of a sexual assault is a student, the victim may file a complaint with the Dean of Students Office requesting an investigation and possible disciplinary action per UWS Chapter 17. Throughout the process, both the complainant and the respondent are entitled to the same opportunities to have others present. In addition, both the complainant and the respondent must be informed of the outcome of any institutional disciplinary proceeding. Sanctions that may be imposed following a finding of sexual assault include a warning, probation, educational assignments, community service, residence hall contract reassignment or cancellation, suspension, or expulsion.

Whether or not a student participates in an investigation, students have the right to be protected from retaliation.  If you experience retaliation in any form, please contact the Dean of Students Office as soon as possible.  More information about the sexual misconduct process can be found on Sexual Misconduct Information Site: http://www.uww.edu/sexual-misconduct-information

What about Alcohol? In those cases where a student has been a victim of sexual assault and/or violent crime while under the influence of alcohol, the Dean of Students, University Housing, and the UW-Whitewater Police Department will not pursue disciplinary action against the student victim (or witnesses) for their improper use of alcohol (underage drinking).  A student victim who is under the influence of alcohol at the time of a sexual assault is entitled to University and community assistance and is encouraged to seek help.

AUTHORITY:

Regent Policy Document(s): 

UW System Policy: 14-2 Sexual Violence and Sexual Harassmsent

RESPONSIBLE UW WHITEWATER PERSONNEL:

Dean of Students office

SCOPE

This policy applies to all UW-Whitewater students, faculty, staff, and guests

Policy Statement

Sexual harassment can be as subtle as...

a look or as blatant as rape. It can occur within and beyond the classroom and workplace. Both men and women can be sexually harassed. Verbal harassment may include humor or jokes about women, sex or sexual orientation. Sexual harassment often occurs in situations where one person has power over another, but may also occur among peers.

The examples below are intended to illustrate sexual harassment behavior. They are drawn from actual cases.

1. It was common practice in a professor's lectures during the first week of class to show a technical anatomical slide show that included unrelated slides of nude women taken from popular magazines. Complaints had been filed with the dean, but the practice had continued.
2. Tanya, a sophomore, requested a meeting with her instructor to discuss a "D" she received on an essay exam. He told her that she could get an "A" if she'd just go to bed with him. He also tried to kiss her and put his arm around her waist. She didn't resist the physical advances at the time but refused to go to his apartment. He then changed her "D" to a failing grade.
3. Margaret, a student doing work study, applied for and accepted a job in a departmental lab even though several of her friends had warned her about the harassment other women had experienced there. She saw the calendars of nude women in men's offices and heard sexual innuendoes being made about fellow female workers or students whenever she went to the employee lounge. Two weeks after she started her job, she saw a male supervisor grab a woman from behind and fondle her breasts. The woman struggled and ran from the room. Margaret filed a complaint.

It is all too common for someone accused of sexual harassment to say, "I didn't realize that she (or he) would be offended by that." All members of the UW-Whitewater community should become more knowledgeable about sexual harassment, and sensitive to the impact of their behavior on others. Members of the UW-Whitewater community who supervise others have a special responsibility in this regard. They must help create an environment that actively discourages behavior that could be viewed as sexual harassment. Everyone is encouraged to speak out when they see, hear of, or experience incidents of sexual harassment.

If you feel that you may be the victim of sexual harassment, talk to someone you trust about the situation.  You have a right to pursue your education or perform your job in an environment free from this type of interference. Please contact the Title IX Coordinator at 472-2143 for assistance.  For additional information please visit our Sexual Misconduct and Intimate Partner Violence Prevention site.

Reviewed: July 2021

Access the report here »

Student Organization Policy & Procedure

A full list of student organizations can be found here: https://uww.presence.io/

Student organizations granted University Recognition are a vital part of our University community. Student organizations sponsor activities and services which help to improve the quality of student life, provide opportunities for students to meet other students and faculty/staff of the University, and serve as a laboratory for students to practice the skills associated with leadership. Volunteer associations of students who have been granted the privileges of University recognition may be an asset to achieving the University's goals of student learning and retention. It is hoped that all recognized student organizations, as part of the University community, join in helping to create an environment that enables all students to accomplish their educational goals while at the University.

The following guidelines have been developed to clarify the relationship between the University and a student organization, and to provide for a consistent application of the criteria for University recognition.

RELATIONSHIP - University recognition of a student organization means that the student organization has completed the requirements for University recognition and is eligible for the privileges extended to recognized student organizations (outlined later in this document). University recognition, therefore, does not imply University endorsement of the activities of the student organization. University recognition also does not imply that the student organization has been granted agency status by the State of Wisconsin, the University of Wisconsin System, or the University of Wisconsin-Whitewater. While faculty and staff members of the University serve in advisory capacities to student organizations, it is presumed that students of legal adult age are adults and, therefore, make and are accountable for their decisions and behavior as individuals and as members of organizations.

UNIVERSITY RECOGNITION: REQUIREMENTS AND PROCESS - Student Activities & Involvement is the University office with the responsibility to administer the Student Organization Program, including the University Recognition Processes. The requirements and process of obtaining University Recognition are as follows:

1. Submission of the student organization's governing documents (constitution, by-laws, etc.);
2. Submission of constitution or by-laws of the national or international organization with which the student organization is affiliated (if applicable);
3. Identification of a UW-Whitewater employee to serve as a campus advisor to the student organization;
4. Completion of recognition form;
5. Completion of Student Leader training by the President/Leader and a member of the organization that is both a student and in good standing within the organization (includes both Antihazing Training and Campus Expectations Overview)
6. Submission of signed Recognition Agreement by both the Advisor and President/Leader.

Application materials will be reviewed by staff in Student Activities & Involvement to ensure compliance with all applicable University policies, as well as state and federal laws (i.e., Title IX).  The decision to grant University Recognition shall be made by Student Activities & Involvement staff.  Student groups interested in applying for University recognition must do so by December 15th for the following semester, or by May 15th for the following academic year.

Recognition requirements apply to all recognized student organizations, including those on probation or suspension.

CHANGE OF INFORMATION - During the academic year there may be changes in officers, advisor, or constitutions of student organizations. It is the responsibility of each student organization to update their org's information on Connect for any and all changes. If changes are made in the organization constitution, a revised constitution must be submitted electronically to Student Activities & Involvement, and is subject to review.

NOTIFICATION OF UNIVERSITY RECOGNITION - Once a student organization has completed the University Recognition Process, the organization's request for recognition will be reviewed by staff in Student Activities & Involvement. If the membership requirements for the organization adhere to the University's Non-Discrimination Policy for Recognized Student Organizations, if the organization has no outstanding bills with the University, and if the student organization is in good standing with Student Activities & Involvement, the organization will be granted or extended the privileges of University recognition. At this time, contact will be made with the student contact person and the advisor(s) indicating that the organization is in good standing and is extended the privileges of University recognition. This process is completed at minimum once per academic year.

NOTIFICATION OF ADVISOR APPOINTMENT - Faculty or staff members serving as advisors to recognized student organizations will receive a letter from Student Activities & Involvement. The letter serves as an appointment letter, acknowledging the official capacity in which that faculty or staff member will serve as the advisor to a student organization.

RIGHTS AND BENEFITS AND SERVICES

RIGHTS AND BENEFITS OF UNIVERSITY RECOGNITION

1. Use of the University's name to identify the student organization's affiliation.
   Use of name must adhere to the campus licensing policy and identity standards.
   The University reserves the right of approval on a case-by-case basis;
2. Reserve and use University facilities that are available for non-instructional use;
3. Utilize Student Activities & Involvement and Student Involvement Office services and programs developed and offered to recognized student organizations.
4. Be included on official lists of recognized student organizations;
5. Utilize University services and facilities, and participate in University events that are open to all recognized student organizations; and
6. Be granted UW-Whitewater email account and web services.

UNIVERSITY SERVICES AVAILABLE TO RECOGNIZED STUDENT ORGANIZATIONS
Student Activities & Involvement Student Activities & Involvement is dedicated to developing student leaders and to promoting student involvement in the campus and community. Student Activities & Involvement is responsible for the administration of all policies and procedures related to student organizations. Student Activities & Involvement staff will help student leaders and advisors successfully fulfill roles.

Student Activities & Involvement sponsors the following events and activities in which recognized student organizations might find it worthwhile to participate.

Involvement Fairs - held twice annually in September and January/February, the Involvement Fairs are sponsored to help organizations recruit new members and to provide students the opportunity to meet with representatives of the various student organizations.

Homecoming - student organizations are encouraged to participate in the undergraduate homecoming experience to show pride in UW-W and to demonstrate Warhawk spirit. Numerous activities and friendly competitions are held for student organizations and Greek chapters.

Campus Awards - A student organization and individual student leadership award ceremony is held annually in order to recognize outstanding achievement.  The recognition occurs in the Campus Awards Ceremony, held late in the academic year.

Community Service Information and Opportunities - In order to foster a culture of service, Student Activities & Involvement and the Student Involvement Office provide access to service opportunities to enable organizations to perform service projects.

Student Activities & Involvement and the Student Involvement Office offer a variety of services for recognized student organizations. For a complete list of these services, visit Connect or the Student Involvement Office.

Services provided by other UW-W offices may be accessed by recognized student organizations.  They include:

• Use of University grounds and facilities and corresponding audio-visual and technical services
• Event advising service
• Access to University Printing Services
• Financial account at the Cashiers Office
• Foundation account on behalf of the student organization at the Foundation Office
• Use of rental vehicles through the University's contracted vendor (limited to those student organizations with access to a University Organization Code; whose travel is considered university business)
• Listing of events on campus web-based event calendar (Connect)
• Use of Hall Tables, Table Tents, Display Cases, Sign Board Space, Digital Signage, and sidewalk chalking
• Recreation Sports Office provides an advisor and assistant to assist all club sports organizations

The following publications are available for recognized student organization:

• An online database of all recognized student organizations is available to anyone affiliated with the University - https://uww.presence.io/
• Policies, Guidelines and Processes are available to all recognized organizations through the Student Activities & Involvement Web Site, https://www.uww.edu/uc/get-involved/student-organizations
• Club Sports Manual (published by Recreation Sports) - uww.edu/recsports

EXPECTATION OF RECOGNITION

1. Recognized student organizations are expected to comply with all University Policies as well as Local, State, and Federal laws.  Those that do not comply will be held accountable via the UW-Whitewater/Recognized Student Organization Code of Conduct.
2. The University has the rights and responsibility to place organizations on emergency suspension when deemed appropriate.
3. Recognized student organizations are expected to recruit and orient new members with dignity and respect.  Adherence to the UW-Whitewater Anti Hazing Policy is expected at all stages of student participation in the organization.
4. Recognized student organizations are expected to extend membership privileges, including voting and eligibility to hold office, to all students without regard to race, color, creed, religion, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital or parental status, veteran status or gender (except as otherwise permitted by Title IX of the Education Amendments of 1972).  With the exception that, per the UW System Board of Regents Resolution 9279 (adopted 12/06) student organizations that select their members or officers on the basis of commitment to a set of beliefs (e.g. religious or political beliefs) may limit membership, officer positions, or participation in the organization to students who affirm that they support the organization's goals and agree with its beliefs.  It is acknowledged that the UW System Policy does not align with Federal Law (Christian Legal Society v Martinez - 08-1371).
5. Recognized student organizations are expected to exercise reasonable precaution to ensure that their events, services, and programs are safe to all participants and do not cause damage to property or persons.  It is the role of Student Activities & Involvement and the Office for Risk Management & Safety to provide guidance to student leaders and advisors on these matters.
6. Recognized student organizations are expected to follow University policy, guidelines and procedures pertaining to the use of facilities and services provided both on and off campus.
7. Recognized student organizations are solely responsible for any contract they enter into with third party vendors. The University will not be held liable for these contracts.
8. Recognized student organizations are expected to conduct their activities in a manner that represents themselves and the University appropriately.  While this is a subjective expectation, Student Activities & Involvement staff should be consulted if any activity is in question.
9. Recognized student organizations and individual members are not exempt from federal, state, or local laws, and are not exempt from University policy. As a result of the action of members who appear to act on behalf of the recognized student organization, student organizations and individual members may be subject to disciplinary action through the Recognized Student Organization Code of Conduct, or the University of Wisconsin System Administrative Code Chapters 17 and 18.
10. Members of an organization that is being investigated and adjudicated for alleged violation of University policy are expected to fully cooperate with University officials.  Failure to cooperate may result in revocation of University Recognition.
11. Student organizations may extend membership to individuals not enrolled at UW-Whitewater provided the majority of the organization's membership is comprised of currently enrolled students.
12. Student organization leadership roles must be held by students currently enrolled at UW-Whitewater.
13. All Student organization leaders are considered aware and informed of the inherent risk and liability to which they expose themselves, their organization and the University.  All reasonable steps to reduce risk and limit liability should be taken.
14. UW-Whitewater may establish additional requirements for recognition consistent with this policy.

UW-WHITEWATER NON-DISCRIMINATION POLICY FOR RECOGNIZED STUDENT ORGANIZATIONS

The University of Wisconsin-Whitewater is committed to the concepts of equal opportunity, non-discrimination and diversity, and recognizes a special obligation to prepare people of all cultures, orientations and abilities to accept the responsibilities as leaders of tomorrow. Consistent with this, all recognized student organizations must comply with the concepts of nondiscrimination and equal opportunity when recruiting and selecting members. In addition, the University recognizes the important role that student organizations play in this educational process; and is committed to non-discrimination in the recruitment and selection procedures of University faculty and staff members who will, ultimately, serve as advisors of recognized student organizations.

As part of the criteria for University Recognition, all student organizations must adhere to the concepts of non-discrimination and equal opportunity as they relate to race, color, gender, sex, creed, religion, age, ancestry, national origin, disability, sexual orientation, pregnancy, political affiliation, marital or parental status, veteran status, or arrest and conviction record, in their educational programs and activities. In holding with the tenets of non-discrimination, the University stresses the importance of eliminating discriminatory and/or culturally insensitive language, behavior and content from University sponsored activities and urges all recognized student organizations to cooperate in this effort.

With very narrow exceptions, student organizations may not discriminate in their selection of officers or members.

UW-WHITEWATER ANTI-HAZING POLICY

Students, student organizations, athletic teams and other student groups of the University of Wisconsin-Whitewater community are strictly prohibited from engaging in any type of hazing activity. Hazing is defined as "any action taken or situation created, intentionally, whether on or off campus, that produces mental or physical discomfort, embarrassment, harassment, or ridicule." This includes any action that endangers the health or well-being of an individual, is personally degrading, has an adverse effect on the academic performance of the student, or which violates any federal, state or local statute or University policy. Individual or group consent to a hazing activity in no way validates the activity or excludes those perpetuating it from being charged with a crime.

Individual members, organizations and groups who violate this policy are subject to University disciplinary action, as set forth in the University of Wisconsin-Whitewater Student Non-Academic Disciplinary Procedures under UW System Administrative Code, Chapter 17. This document is available for review at the Office of Student Affairs, the Whitewater Student Government Office, or at the Library Reserve Desk.

Additionally, any University student organization, group or individual student violating this policy or the Wisconsin Statute on Hazing, is subject to sanctions that may be imposed by the judicial or coordinating body of which the organization is a constituent member and/or a court of law. The Wisconsin Statute on Hazing, 948.51, is available for review at Student Activities & Involvement, the Library Reference Desk, or from your state representative. Examples of activities or situations that could meet the definition of hazing include, but are not limited to, the following:

• Keeping the date of initiation/induction a secret; requiring signatures for initiation.
• "Kidnapping" of any member, leaving members stranded in a remote location to find their way home, or scavenger/treasure hunts.
• Any form of forced physical activity and/or exercise, whether extreme or not (i.e. push-ups, sit-ups or other calisthenics, runs, walks, etc.).
• Physical harassment such as paddling, hitting, beating, slapping, pushing or striking.
• Marking or branding.
• Personal servitude of any kind (i.e. phone duty, cleaning, yard work, doing errands, etc.).
• Forcing or encouraging ingesting of any type of liquid or solid matter, edible or non-edible (i.e. alcohol, chewing tobacco, goldfish, raw onions, spoiled food, dirt, etc.).
• Requiring the carrying of any item around campus, such as paddles, rocks, books, shields, etc.
• Requiring the wearing of unusual, embarrassing or uncomfortable clothing.
• Sleep deprivation or requiring/encouraging anyone to sleep anywhere other than their own residence or bed.
• Preventing personal hygiene, communication with certain groups, and/or restricting places that new members can go on campus or in the community.
• Verbal abuse such as yelling or screaming or labeling with silly or embarrassing nicknames.
• Any activity that interferes with a student's academic pursuits (class attendance, studying, etc.).
• Requiring or suggesting that members vandalize, destroy or steal property or commit crimes.
• Requiring anything of one group of members that is not required of another.

Evaluation of what specific conduct may constitute hazing shall be made with reference to what a reasonable person might consider hazing under those particular circumstances.

Enforcement of the UW-Whitewater Anti-Hazing Policy shall be the administrative responsibility of the Dean of Students Office, Andersen 2130, and Student Activities & Involvement, University Center Room 146. Individuals or groups seeking additional information about this policy or reporting possible violations should contact staff in Student Activities & Involvement at 262-472-1471.

To submit a conduct complaint electronically, go to:https://cm.maxient.com/reportingform.php?UnivofWisconsinWhitewater&layout_id=6

Student Organization Policies

For policies related to posting, mailbox stuffing, fundraising, sign boards, chalking, table tents, and other things related to student organizations, visit https://www.uww.edu/uc/about-the-uc/advertise.

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.

All Categories

Section 14: Discrimination Prohibited

• 14-2. Sexual Violence and Sexual Harassment (formerly 81-2)
• 14-3. Equal Opportunities in Education: Elimination of Discrimination Based on Gender (formerly 83-5)
• 14-5. Measures to Alleviate Racism (formerly 87-4)
• 14-6. Discrimination, Harassment, and Retaliation (formerly 88-12)
• 14-8. Consensual Relationships (formerly 91-8)

• 14-10. Nondiscrimination on Basis of Disability (formerly 96-6)

Student Death Notification

Updated Fall 2022

The University of Wisconsin-Whitewater cares deeply for all of our community members.  Anyone who becomes aware of the death of a student should contact the Dean of Students Office (Anderson Library 2130, 262-472-1533, deanofstudents@uww.edu) as soon as possible. In all student deaths, the Dean of Students Office will assume responsibility, as appropriate, for connecting with the student’s family members and roommates to offer support. The Dean of Students office will also provide notification to the appropriate personnel for any additional needs.”

To report the death of a student, please complete a Student Death reporting form

FERPA Overview

Annual Student Notification

UWW FERPA Policy

Basic FERPA Rules for UWW Faculty, Staff and Student Workers/Employees

What is FERPA? 

The essence of FERPA can be summarized by the following two points - confidentiality and access.  The Family Educational Rights and Privacy Act of 1974 - commonly known as FERPA, the Privacy Act, or the Buckley Amendment - is a federal law designed to protect the privacy of educational records. FERPA governs and protects your rights to your individual educational records.

The following primary rights are protected under FERPA:

• Students' rights to review and inspect their educational records;
• Students’ rights to have their educational records amended or corrected;
• Students’ rights to control disclosure of certain portions of their educational records.

What are educational records?

An educational record is any record (in any medium), with certain exceptions, maintained by UW-Whitewater that is directly related to you as a student. This record can contain your name, several students’ names, or information that can personally (individually) identify you.

What are not educational records?

• Personal notes of faculty and staff
• Medical and counseling records used solely for treatment
• University Police Department records
• Financial records of a parent or spouse

Can I review and inspect my records?

Requests to review your records must be made in writing and presented to the appropriate office responsible for the record. The written request must indicate specifically the records you wish to review. The office will have up to 45 days to honor your request. For most students the areas responsible for your record will include the Registrar’s Office, dean and department chair’s offices of your major, academic advising offices, and possibly the Dean of Students Office.

Directory Information (Public Records)

FERPA allows for the release of specified items of information not generally considered harmful or an invasion of privacy if disclosed. UW-Whitewater, in accordance with FERPA, has designated the following categories of information about individual students as directory (public) information. This information will be released to any inquirer unless you specifically request that all of the items on the following list be withheld.

• Name
• Address
• Email address
• Telephone number (excluding cell)
• Dates of attendance
• Enrollment status (full/part time)
• Classification (e.g., sophomore, senior, graduate student)
• Major/minor/degree program
• Degrees and dates of graduation, including anticipated graduation dates
• Previous institutions attended
• Awards and academic honors
• Participation in officially recognized sports and activities
• Physical factors (weight and height) of members of athletic teams

Non-Directory Information (Private Records)

Non-directory information includes items which are considered private, or protected, and which cannot be identified as directory information. Examples of private information include, but are not limited to:

• Social security number
• Race
• Religion
• National origin
• Gender
• Grades

Who can request access to your records?

Under FERPA, prior written consent must be obtained before a student’s educational record may be disclosed to a third party, with some exceptions. FERPA allows UW-Whitewater school officials to share your educational record information (public and private information) without your written consent with other UW-Whitewater university officials who have a legitimate educational interest. Legitimate educational interest means a university official has the need to know specific information in your educational record in order to fulfill his or her professional responsibilities. The school official does not have authorization to transmit, share, or disclose any or all of that information to a third party who does not have a legitimate educational interest. Instances in which prior written consent is not required for release of your record:

• When there is a significant threat to the health and safety of you or other individuals
• In accordance with a lawful subpoena or court order
• Release of directory information, if not restricted
• If you are under the age of 21, FERPA permits UW-Whitewater to inform your parent/guardian if you are found in violation of alcohol or drug rules.

Restricting your directory information:

You have the right to restrict the release of all directory information. If you wish to do so, you must complete and file the “Request to Prevent Disclosure of Directory Information” form available in the Registrar’s Office. Please consider very carefully the consequences of restricting your directory information. Should you decide to restrict the release of your directory information, any future requests for such information from non-university parties or organizations will be refused. For example, UW-Whitewater could not:

• An enrollment verification to your health insurance provider or a prospective employer
• Your name in the commencement booklet
• Your GPA
• Your student schedule
• Your academic standing
• Your student ID number
• Your student employment record

Records of campus disciplinary proceedings are considered protected with the exception of a crime of violence or of a non-forcible sex offense. FERPA affords the university discretion to disclose the final results of a disciplinary hearing regarding an incident alleged to involve acts of violence or of a non-forcible sex offense to the public. Disclosure to the victim is required.

Respect the rights of others

The university expects that you will respect the rights of faculty and other students as you participate in the educational process. Follow the guidelines below to ensure the privacy of other students:

• When e-mailing groups of students, always use blind carbon copy (Bcc :).
• Do not post personal information about other students on websites or share personal information via e-mail.
• If you participate in a course that uses a course management system (e.g., D2L) you may have access to personal information and academic work produced by other students and faculty members. Examples include class lists, discussion board postings, drafts of papers, and other work produced in the course. Do not share information about classmates, course work content, or its authors to anyone outside the course.

Personally Identifiable Information Access Exceptions

Circumstances where personally identifiable information may be released without prior written consent:

• To any third party designated by a Federal or State Authority to evaluate a federal- or state- supported education program
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
• To a victim of an alleged perpetrator of a crime of violence or non-forcible sex offense. (Only the final results of the disciplinary proceeding, regardless of whether the postsecondary institution concluded that a violation was committed.)
• To anyone if the disclosure is in connection with a disciplinary proceeding at a postsecondary institution if it determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and with respect to the allegation against him or her the student has committed a violation of the institution’s rules or policies
• To organizations conducting studies on behalf of schools
• In connection with Statewide Longitudinal Data Systems
• To accrediting organizations
• To parents of a dependent student
• To comply with a judicial order or subpoena (reasonable effort to notify)
• In a health or safety emergency
• To schools in which a student seeks or intends to enroll

How to Protect Your Own Records

Know what information you have elected to withhold and/or disclose, and review it regularly

• Be careful about sharing private information via cell phones and other wireless technology
• Take caution when using websites, electronic communication, and social media. Do not reveal information that compromises your privacy or the privacy of others
• Educate yourself about safe computing and protecting your privacy

Frequently asked questions

Will my family have access to my information?

Generally not. Without your express, written permission, your family, like all other third parties, may have access only to your directory information. We encourage you to talk with your family to discuss grades, classes, class schedules, financial statements, or other private information. The only way for your family to receive this information is for you to provide it to them. Student records (e.g., grades and financial statements) are available on the WINS account. You should never share your NetID and password with your family or others.

Will the university contact my parents if I get in trouble?

If you are under the age of 21, FERPA permits UW-Whitewater to inform your parent/guardian if you are found in violation of alcohol or drug rules.

Does FERPA prevent the university from sharing information about troubled students?

UW-Whitewater may disclose information from education records, without consent, to appropriate parties whose knowledge of the information is necessary to protect the health or safety of you or other individuals.

Complaints

You have the right to file a complaint with the US Department of Education concerning alleged failures by UW Whitewater to comply with the requirements of FERPA. The complaint must contain specific allegations of facts providing cause to believe that a violation of FERPA has occurred.

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520

Enrolled students, as well as faculty and staff, can refer to the following notification statements for information on student rights concerning confidentiality and access of student education records maintained at UW-Whitewater.

Faculty, Staff and Student Employee Notification

FERPA Quiz

Authorization to Release Records

Request to Prevent or Revocation of Directory Information Disclosure

CARE Resource Guide