Implemented in accordance with Regent Policy Document 14-2. Approved by Chancellor's Cabinet on January 23, 2017.
I. Purpose Statement I. Purpose Statement
In accordance with its mission and institutional values, the University of WisconsinWhitewater is committed to creating and maintaining a community environment that is free from any form of gender discrimination, including sexual harassment and sexual violence. This policy sets forth the definitions, reporting requirements, procedures, remedies and resources that are available to the campus community in regard to allegations and/or incidents of sexual harassment, sexual violence, gender-based stalking, dating violence and domestic violence.
Nothing contained in this policy shall be construed to limit the legitimate exercise of free speech, including but not limited to written, graphic, or verbal expression that can reasonably be demonstrated to serve legitimate educational or artistic purposes nor shall this policy be construed to infringe upon the academic or artistic freedom of any member of the university.
II. Policy and Scope
It is a violation of this policy for any individual to engage in any form of sex or gender discrimination through any form of sexual misconduct as defined herein either on UWWhitewater owned or controlled property, at UW-Whitewater-sanctioned or UW-Whitewater affiliated events, or off-campus if such conduct negatively impacts a member of the UW-Whitewater community. This policy applies to all UW-Whitewater students, employees, affiliates, vendors, contractors and guests. Upon receipt of an allegation, complaint or report of a violation of this policy, UW-Whitewater shall promptly and effectively respond to the violation, including taking all reasonable and necessary steps to address and prevent further violations of this policy. UW-Whitewater shall provide training programs and educational opportunities to the campus community members in regard to this policy and the rights and responsibilities contained herein.
III. Title IX Statement
Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., prohibits discrimination on the basis of sex in any educational program or activity receiving Federal financial assistance.
IV. Definitions (See Appendix A)
V. Filing a Complaint or Report
A. Any individual who has been subjected to a violation of this policy may file a complaint or report through any of the following methods:
1. Student Online Reporting Form: Click, complete and submit this form if the allegations involve or are against a student at UW-Whitewater: https://cm.maxient.com/reportingform.php?UnivofWisconsinWhitewater&layout_id=4 or contact the Dean of Students Office at:
Dean of Students/Deputy Title IX Coordinator
800 W. Main, Hyer Hall Room 200
Whitewater, WI 53190
2. Employee Online Reporting Form: Click, complete and submit this form if the allegations involve or are against an employee at UW-Whitewater: https://cm.maxient.com/reportingform.php?UnivofWisconsinWhitewater&layout_id=4 or contact the Office of Human Resources & Diversity at:
Chief Human Resources Officer/Deputy Title IX Coordinator
Office of Human Resources and Diversity
800 W. Main, Hyer Hall Room 330
Whitewater, WI 53190
3. A complaint involving a student, employee or individual affiliated with the campus community may also be filed with the Title IX Coordinator at:
Title IX Coordinator
Human Resources and Diversity
800 W. Main, Hyer Hall Room 330
Whitewater, WI 53190
4. A complaint involving a student, employee or individual affiliated with the campus community may also be filed with UW-Whitewater Police Services:
UW-Whitewater Police Services
Chief/Director of Police Services
734 W. Starin Road
Whitewater, WI 53190
B. In addition to the reporting methods above, an individual who has been subjected to conduct as defined by this policy may file a complaint with the U.S. Department of Education, Office for Civil Rights: http://www2.ed.gov/about/offices/list/ocr/docs/howto.html. A complainant may also file a report with the local law enforcement agencies which may have jurisdiction over criminal proceedings against the accused individual(s). Filing a report or complaint under this subsection shall not satisfy an employee's responsibility to file a report with one or more of the offices or officials designated under subsection (A) herein.
C. 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.
VI. Interim Measures or Accommodations
Upon receipt of a report or complaint of a violation of this policy, the appropriate office or UW-Whitewater official shall conduct an initial assessment of the allegations contained in the complaint and determine whether interim measures or accommodations (See Appendix A for definitions) should be provided in order to prevent further harassment or retaliation against the complainant(s), witnesses or respondent(s). The purpose of an interim measure(s) or accommodation(s) shall be to prevent further harassment or retaliation during the pendency of the complaint and investigative process. It shall not be considered a sanction or punishment. If a campus official determines that an interim measure(s) or accommodation(s) is necessary and reasonable, the official shall initiate said measures or accommodations in consultation with the Title IX Coordinator and other UW-Whitewater officials who have the authority to enact said measure(s) or accommodations(s). These shall be considered temporary in nature and shall be withdrawn at the conclusion of the complaint process, investigation or disciplinary proceeding.
VII. Disciplinary Procedures
The appropriate disciplinary procedure for responding to a formal complaint or report of a violation of this policy will depend on the person's relationship to UW-Whitewater, in accordance with the formal disciplinary procedures set forth below.
A. Student: When a report or complaint involves allegations against a student for a violation of this policy, UWS Chapter 17 shall apply.
B. Faculty Member: When a report or complaint involves allegations against a faculty member for a violation of this policy, UW-Whitewater Faculty Personnel Rules shall apply.
C. Academic Staff: When a report or complaint involves allegations against an academic staff member for a violation of this policy, UW-Whitewater Academic Staff Personnel Rules shall apply.
D. University Staff: When a report or complaint involves allegations against a member of the university staff for a violation of this policy, the University Staff Personnel Rules shall apply.
E. All other individuals: When a report or complaint involves allegations against an individual(s) who is not affiliated with UW-Whitewater in an employment, student or contractor relationship, a complainant or reporting party may contact UW Whitewater Police Services to review the complaint for potential criminal prosecution. UW-Whitewater Police Services will work with local law enforcement agencies to respond accordingly. However, UW-Whitewater respects the right of every complainant, victim or survivor to choose whether or not to file a criminal complaint with a law enforcement agency. A complainant, victim or survivor is not required to file a complaint under this subsection (E).
F. If a report is made to more than one of the offices noted above, the offices will attempt to coordinate the response efforts in a manner that will avoid unnecessary harm or additional trauma to the reporting party or complainant, with the consent and cooperation of the parties involved. Attempts will be made to limit the number of times a complainant or respondent is required to repeat information about the allegations.
VIII. Informal Resolution/Mediation
Depending on the nature of the incident, the relationship of the respondent to UW-Whitewater, and, to the extent possible, the desire of the complainant, an informal resolution or mediation may be pursued for a violation of this policy. The Deputy Title IX Coordinator (or designee) may resolve a complaint or report of sexual misconduct in a manner that is reasonable and responsive to the seriousness of the incident and consistent with UW-Whitewater's obligation to promptly and effectively respond to all allegations of sexual misconduct. If an informal resolution is pursued, the complainant and respondent shall agree to waive any time frames for formal disciplinary action under student non-academic misconduct rules or employee personnel rules. Mediation shall not be used for incidents involving allegations of sexual assault, dating violence or domestic violence.
IX. Remedies and Other Measures
A complainant is not required to pursue a formal complaint to be eligible for remedies related to an incident of sexual misconduct under this policy. If a complainant would like to pursue alternative options for resolution not specifically stated under this policy, said complainant shall provide a written request to the Title IX Coordinator or Deputy Title IX Coordinator to explore these options, which may include, but are not limited to, a permanent nocontact directive, housing accommodations or academic accommodations. Regardless of whether or not disciplinary or punitive measures are available, UW-Whitewater may employ non-punitive measures to address incidents of sexual misconduct, including discussions, educational information and activities, and conflict resolution efforts, with the goal of maintaining an inclusive educational and workplace environment while also respecting individual rights to freedom of speech and expression.
Consistent with this policy, reports made to any of the offices noted above, or to any other UW-Whitewater employee, except Confidential Employees or Advocates with a privilege under Wis. Stat. §905.045 cannot be guaranteed confidentiality. However, information provided in the report and in any subsequent, related proceeding will be maintained in a confidential manner in accordance with UW-Whitewater policy and applicable state or federal law. Only those individuals who have a legitimate need to know will be privy to confidential information to ensure that UW-Whitewater is promptly and adequately responding to a report of sexual harassment or sexual violence and preventing any further harassment or retaliation in accordance with Title IX, except as required by law.
XI. Responsibilities of UW-Whitewater Officials and Employees
A. Title IX Coordinator: The Title IX Coordinator shall be responsible for overseeing UW-Whitewater's prevention and response efforts in regard to sexual misconduct which shall include, but not be limited to, being notified of all reports of sexual misconduct under this policy, maintaining a process under which to maintain files and records related to complaints and/or incidents of sexual misconduct, facilitating educational programming and training for employees and students, and working closely with the Deputy Title IX Coordinators, UW-Whitewater Police Services and committee members to monitor and evaluate the effectiveness of these efforts in accordance with applicable laws and guidance.
B. UW-Whitewater Employees: 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.
1. Mandatory Reporting of Sexual Misconduct: Any employee who experiences, witnesses or otherwise becomes aware of an incident, allegation, complaint or information regarding sexual misconduct committed by or against a student, employee, contractor or guest, shall submit a written report of said information to the Title IX Coordinator, Dean of Students Office, Deputy Title IX Coordinators or UW-Whitewater Police Services within 48 hours from the time said information was received or as soon as practicably possible. (NOTE: Use of the online reporting form is a recommended option to verify that the information is received: https://cm.maxient.com/reportingform.php?UnivofWisconsinWhitewater&layout_id=4.) The report shall include the names of the alleged perpetrator (if known), the person who was subjected to the alleged sexual misconduct, other persons involved, as well as relevant facts, including date, time and location, if known. If the individual requests that the information shared with the employee be kept confidential, the employee is still required to report the information to the Title IX Coordinator who will evaluate the request to determine whether said request can be honored in light of UW-Whitewater's responsibility to provide a safe and nondiscriminatory environment for the campus community members. Confidential Employees are excluded from this reporting requirement under this subsection (B)(1).
2. Policy Review: All employees shall be required, as a part of their employment, to review this policy and its requirements, including but not limited to: a) definitions of sexual violence and sexual harassment; b) reporting requirements; and c) services and resources to which to refer complainants or victims of sexual misconduct.
3. Data Reporting: In accordance with Wis. Stat. §36.11(22), employees who witness an act of sexual assault, or who receive a first-hand report of sexual assault from an enrolled student, must report that information to the Office of the Dean of Students. Confidential Employees are only required to report the fact of the incident and no other information.
C. Advisory Committee: The Chancellor shall designate members of the campus community to serve as an advisory committee to provide oversight and assistance to the Title IX Coordinator and Deputy Title IX Coordinators in regard to individual rights and responsibilities under this policy, training and educational programming, and other campus-wide prevention and response efforts involving sexual misconduct.
XII. On and Off-Campus Resources
UW-Whitewater has identified services and resources for individuals who wish to file a complaint or otherwise seek assistance, support or resources in regard to rights, responsibilities and/or alleged violations under this policy. These resources are available at http://www.uww.edu/sexual-misconduct-information/reporting-sexual-assault. Additional resources can be found at: http://www.uww.edu/sexual-misconduct-information/resources.
XIII. Amnesty for Students
Complainants, victims, witnesses or individuals who report an allegation of sexual violence or sexual assault under this policy will not be subject to disciplinary action under UWS Chapter 17 for minor alcohol or drug offenses if they occurred at or near the time of the incident.
This policy prohibits any form of retaliation against an individual who reports, assists an individual in reporting, or who participates in proceedings involving an alleged violation of this policy. Retaliation includes, but is not limited to, threats, intimidations, or adverse employment or academic actions. Any individual who believes they have been subjected to actual or perceived retaliation as defined in this policy may report the allegations to the Title IX Coordinator, Deputy Title IX Coordinators or UW-Whitewater Police Services.
XV. Education and Training
The Title IX Coordinator and Deputy Title IX Coordinators will be responsible for facilitating the training and educational programs to the campus community. Students and employees will be required to complete an on-line training that addresses issues of sexual violence and sexual harassment in accordance with the U.S. Department of Education, Office for Civil Rights' guidance.
As noted above, the Title IX Coordinator (or designee) will maintain records of reports of sexual violence and sexual harassment that involve students or employees. In addition, the Title IX Coordinator will track compliance with mandatory training programs, and maintain a list of training and education offered on campus. UW-Whitewater Police Services will collect, maintain, and submit the Annual Security Report, consistent with the federal Jeanne Clery Act. The Office of the Dean of Students will collect appropriate data and compile the state report required under Wis. Stat. §36.11(22).
The Chancellor will instruct designated UW-Whitewater staff to conduct a study once every three (3) years in order to seek information and feedback from students and employees on the issue of sexual violence and sexual harassment during their enrollment or employment at UW-Whitewater. All students and employees will be encouraged to participate. The office will also work to design methods for effectively evaluating the outcomes of campus training and educational programming to measure the effectiveness and intended outcomes of sexual misconduct prevention and awareness programs.
The terms used in the policy shall have the definitions provided below. For any terms not defined, a common definition or meaning shall apply.
Accommodations: Any services and/or support provided to an individual that could potentially include modifications to the environment (curricular, housing, etc.) to ensure a full opportunity to participate in institutional academic, educational, living and program activities.
Advocate: A trained professional who provides victims of sexual misconduct or respondents with emotional support, information, access to resources and assistance in navigating the processes following such misconduct. Communications with an advocate may be considered confidential if a rule of privilege exists as defined under Wis. Stat. §905.045. 1 (See Confidential Employee/Resource for more information)
Assessment: A process of determining "what is." Assessment provides evidence, numerical or otherwise, to develop useful information about students, institutions, programs and courses. This information can be used to make decisions.
1 Wis. Stat. §905.045 Domestic violence or sexual assault advocate-victim privilege. Pursuant to s. 905.045 of Wisconsin Statute, a "Victim advocate" means an individual who is an employee of or a volunteer for an organization the purpose of which is to provide counseling, assistance, or support services free of charge to a victim. A victim of abusive conduct (e.g. domestic abuse, sexual exploitation or sexual assault) has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated among the victim, a victim advocate who is acting in the scope of his or her duties as a victim advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of a victim advocate, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.
Complaint: A formal statement to express displeasure, pain, or grievance regarding a violation of law or rules.
Complainant: Any individual who is allegedly harmed by a respondent as a result of a violation of this policy.
Confidential Employee/Resource: A UW-Whitewater employee or agent who, while acting in a professional capacity as a medical, clinical, mental health professional or advocate, receives information from a student or employee of UW-Whitewater concerning sexual violence or sexual harassment. Said information shall be considered confidential in nature and not disclosed to a third party without the written consent of the reporting individual or unless required by law or court order.
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, disabled physically or intellectually, or unconscious. [Wis. Stat. §940.224(4)]
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 exists 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. [Wis. Stat. §813.12(l)(ag)] 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:
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. [Wis. Stat. §940.225(1), (2) or (3)]
4. A violation of the state statute regarding stalking. [Wis. Stat. §940.32]
5. A violation of the state statute regarding damage to property [Wis. Stat. §943.01]
involving property that belongs to the individual.
6. A threat to engage in any of the conduct under 1 through 5 listed above.
[Wis. Stats. §§813.12 (1)(am) and §968.075]
Employee: A person employed by UW-Whitewater for monetary compensation, wage or salary.
Evaluation: A systematic process to determine merit, work, value or significance.
Gender-based Stalking: Intentionally engaging in a course of conduct directed at a specific person based on that individual's sex or gender that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury or death of themselves or a member of their family or household [Wis. Stat. §940.32].
Hostile Environment: Written, verbal or physical acts or omissions that are 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, program or activity environment that a reasonable person would find intimidating, offensive or hostile in nature.
Incapacitation: As it applies to this policy, the state of being unable to physically or mentally make informed rational judgments and effectively communicate, and may include, but is not limited to, unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs.
Interim Measure: UW-Whitewater actions, omissions or directives that are intended to temporarily modify or adjust a student's or employee's participation or access to academic, living or workplace environments, including extracurricular, recreational and campus-wide activities, during the complaint and investigative process related to an alleged violation of this policy. Said actions, omissions or directives shall be reasonable in nature and for the purpose of preventing further harassment or retaliation of the complainant(s), witness(es) or the respondent(s).
Mediation: A mutually acceptable and informal process in which a neutral third-party campus official works closely with the complainant and respondent, and their advocates, if applicable, to discuss the issues involved in the complaint, allegations or disputes related to sexual misconduct in an attempt to reach a mutually-acceptable resolution. Both the complainant and respondent must be willing to voluntarily participate in order for this process to be utilized. This process shall not be used for incidents involving allegations of sexual assault, dating violence or domestic violence. Preponderance of the Evidence: The standard of proof used in disciplinary proceedings under UWS Chapter 4, 7, 11 and 17 of the Wis. Admin. Code in regard to complaints involving sexual harassment, sexual assault, dating violence, domestic violence and stalking. 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.
Report: The act of notifying a UW-Whitewater official (See Section VI and XI below) concerning an incident, allegation, complaint or information involving sexual misconduct. Respondent: An individual, student or employee who is accused of engaging in conduct or behavior in violation of this policy.
Retaliation: Adverse action taken against an individual in response to, motivated by or in connection with an individual's complaint of a violation of this policy, participation in an investigation of such complaint and/or opposition of conduct that would be considered a violation of this policy in the educational or workplace setting.
Sexual Assault: Sexual contact or sexual intercourse with another person without the consent of that person [Wis. Stats. §940.225(4)].
A. 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 to reasonably 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.
B. 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.
C. THIRD DEGREE SEXUAL ASSAULT. Sexual intercourse with a person without the consent of that person.
D. FOURTH DEGREE SEXUAL ASSAULT. Sexual contact with a 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 Wis. Stats. §940.19(1) or §940.225(5)(b)(l).
Sex Discrimination: Inequitable treatment based on sex or gender. Sexual harassment and sexual assault are forms of sex discrimination.
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 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.
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 [Wis. Stat. §940.225(5)(c)].
Sexual Violence: Incidents involving sexual assault, sexual harassment, gender-based stalking, dating violence, and domestic violence.
Student: A person who is enrolled in an educational or academic program or course at UW-Whitewater, including online, and who will be continuing their education at UWWhitewater immediately after an academic calendar break in the academic year (e.g. winter or summer break).
Survivor of Sexual Assault: This term is commonly used to refer to a person who has experienced an act of sexual violence and is working to move forward from the event, and rebuild their life in a healthy manner. A sexual assault survivor is both a victim of a crime and a survivor of a crime. See definition of "Victim" below.
Title IX: Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination, including sexual harassment and sexual assault, in any educational program or activity receiving Federal financial assistance. [20 U.S.C. sec. 1681 et seq.; 34 C.F.R. Part 106, as amended]
Trauma-informed Care: A strength-based, organizational structure and treatment framework grounded in an understanding of and responsiveness to the impact of trauma, that emphasizes physical, psychological, and emotional safety for both survivors and providers, and that creates opportunities for survivors to rebuild a sense of control and empowerment.
A trauma-informed approach:
· Realizes the widespread impact of trauma and understands potential paths for recovery;
· Recognizes the signs and symptoms of trauma of those involved;
· Responds by fully integrating knowledge about trauma into policies, procedures and practices; and
· Actively seeks to resist re-traumatization. (Adapted from the Substance Abuse and Mental Health Services Administration)
Victim: An individual who has been sexually assaulted or subjected to or forced to participate in an act of sexual violence or harassment. These acts can include sexually offensive language, touching or penetrating the vagina, mouth, or anus of the victim; touching the penis of the individual; or forcing an individual to touch the attacker's vagina, penis, or anus. Touching can mean with a hand, finger, mouth, penis, or an object. This individual may live in a constant state of coping with the aftermath in dealing with a traumatizing experience, living in a society in which victim blaming is rampant, and managing the emotional and health consequences. The term "sexual assault victim" is commonly used by members of the criminal justice system. See definition of "Survivor" above.
Violence Against Women Act (VAWA): A federal law commonly known as "VAWA" which was enacted in 1994 to hold offenders accountable and provide services and support to female victims of violence crimes. VAWA was most recently reauthorized in 2013 and amended the Jeanne Clery Act to expand the rights afforded to campus survivors of sexual assault, domestic violence, dating violence, and stalking. VAWA includes sexual assault, dating violence, domestic violence, and stalking in the definition of sexual violence and harassment. See also: https://clerycenter.org/policy-resources/vawa/