Implemented in accordance with Regent Policy Document 14-2. Approved by Chancellor's Cabinet on April 2019.
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.)
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 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).
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:
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.
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.
Office of Human Resources and Diversity
Hyer Hall Room 330
Chief Human Resources Officer
Hyer Hall Room 336
Chief of Police
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:
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.
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:
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.
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.
You may report to the campus Title IX Coordinator:
Title IX Coordinator
Office of Human Resources and Diversity
Hyer Hall Room 330
You may report to the Deputy Title IX Coordinators:
Deputy Title IX Coordinators:
Dean of Students
Anderson, Suite 2130
Director of Residence Life
Goodhue Hall 200
Assistant Chief Human Resources Officer
Hyer Hall 336
You may report to the Chief Human Resources Officer:
Chief Human Resources Officer
Hyer Hall Room 336
You may report to campus law enforcement:
UW-Whitewater Police Department
Chief of Police
790 West Starin Road
Whitewater, WI 53190
You may report to local law enforcement:
Whitewater Police Department
312 W. Whitewater Street
Whitewater, WI 53190
Non-Emergency – 262-473-0555, ‘Option 4’
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
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.
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.
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.
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
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:
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:
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:
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:
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:
Sensitive Crimes Team Member:
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.
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.
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.
Notice of Outcome
Both the complainant and the respondent will be provided with notice of the outcome of the final resolution of the complaint.
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.)
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.
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.
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.
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
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.]:
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.
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:
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.
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.
Section 14: Discrimination Prohibited