Sexual Harassment and Sexual Violence

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Policy Number:

UW-146

Responsible Office:

Office of Compliance

University Policy

Rationale/​Purpose:

The mission of the University of Wisconsin–Madison (University) is to provide a teaching, learning, and working environment in which faculty, staff, students, and guests can discover, examine critically, preserve, and transmit knowledge, wisdom, and values that will improve the quality of life for all. To promote the institutional mission, the University is committed to creating and maintaining a campus community that is free from sexual harassment and sexual violence.

This policy prohibits acts of sexual harassment and sexual violence (including sexual assault, dating violence, domestic violence, stalking, and sexual exploitation) in all programs and activities of the University. Individuals who engage in such acts, hereafter referred to collectively as sexual harassment and sexual violence, are in violation of this policy and are subject to disciplinary action. This policy also prohibits retaliation against individuals who report sexual harassment or sexual violence, who assist others in reporting, or who participate in University proceedings related to such a report. Individuals who engage in retaliation are subject to disciplinary action.

The University will provide appropriate education about sexual harassment and sexual violence and this policy. All participants in University programs and activities are responsible for helping to ensure that our campus community is kept free of sexual harassment and sexual violence by not engaging in such conduct, completing required training, and complying with reporting requirements when they become aware of sexual harassment or sexual violence.

Individuals who are subjected to acts of sexual harassment or sexual violence in violation of this policy are encouraged to report these incidents. All complaints will be treated seriously and responded to appropriately using a trauma-informed approach. Individuals who experience sexual harassment and sexual violence will have access to appropriate support resources regardless of their decision to pursue an investigation by the university or law enforcement.

Definitions:

Advisor

An individual who assists a complainant or respondent in any investigation, grievance, or disciplinary proceeding or related meetings. This individual may or may not be an attorney.

Campus professional counselor

Any employee or student who is a licensed medical or mental health professional, working under the supervision of such a professional, or providing administrative support services in a confidential setting, when acting in that role in the provision of clinical services to a patient or client who is a University student or employee. A Campus Professional Counselor will not report specific information concerning a disclosure of sexual harassment or sexual violence received by the Campus Professional Counselor in their professional capacity unless with the consent of the disclosing individual or unless required by the Campus Professional Counselor's license or by law. See Appendix A of this policy for a list of Confidential Resources.

Campus security authority

See Section VII, Employees with Reporting Responsibilities

Complainant

Any individual who is alleged to be the subject of sexual harassment or sexual violence as defined in this policy.

Confidential resources

As used in this policy, Confidential Resources collectively refers to Campus Professional Counselors, Non-Campus Professional Counselors, Ombuds, and Victim Advocates. See Appendix A of this policy for a list of Confidential Resources.

Consent

Words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation. A person is unable to give consent if the person is in a state of incapacitation because of drugs, alcohol, physical or intellectual disability, or unconsciousness. Under state law, a person may not be able to give consent because of age.

Education program or activity

For purposes of Title IX misconduct only, locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the relevant misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the university.

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)

Executive Order 54

An Executive Order issued by Governor Walker in 2011 requiring that University employees, except otherwise Mandated Reporters pursuant to Wis. Stat. § 48.981, report incidents of child abuse and neglect, which they observe or learn of 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.

Formal Title IX complaint

For the purposes of Title IX misconduct only, a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking (as defined in Appendix B or in the Title IX misconduct section of the applicable chapter of the Wisconsin Administrative Code) against a respondent and requesting that the university investigate the allegations. At the time of filing the formal Title IX complaint, the complainant must be participating in or attempting to participate in a university educational program or activity. A formal Title IX complaint may be filed in person, by mail, or electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.

Incapacitation

The state of being unable to physically or mentally make informed rational judgments and effectively communicate. It 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 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 if viewed from the perspective of a sober, reasonable person.

Non-campus professional counselor

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. See Appendix A of this policy for a list of Confidential Resources.

Official with authority

See Section VII, Employees with Reporting Responsibilities

Office for Civil Rights

The U.S. Department of Education office that is responsible for enforcing Title IX of the Education Amendments of 1972, and other education-based discrimination acts. Commonly referred to as OCR.

Ombuds

Any employee who works for the UW-Madison Ombuds Office while that employee is providing confidential services to a client who is a University employee. An Ombuds will not report personally identifiable information concerning a disclosure of sexual harassment or sexual violence received by that individual in their professional capacity unless with the consent of the disclosing individual or unless required by law. Information disclosed to an Ombuds is not entitled to the same legal protections as information conveyed to a licensed Campus or Non-Campus Professional Counselor and might be more easily discoverable in a legal proceeding.

Preponderance of the evidence

Information that would persuade a reasonable person that a proposition is more probably true than not true. It is the applicable standard for a finding of responsibility pursuant to this policy. [See, e.g., Sections UWS 17.153(8), UWS 11.06(1)(dm), and UWS 4.06(1)(am), Wis. Admin. Code.)

Reasonable person standard

An objective standard which considers a fictional person with an ordinary degree of reason, prudence, or intelligence whose conclusion or expectation in relation to a particular circumstance or fact is used to measure or determine something. A decision maker must adopt the perspective of a reasonable person's reaction to a similar environment under similar or like circumstances. The reasonable person standard should consider the subject’s perspective and not stereotyped notions of acceptable behavior.

Respondent

An individual who has been reported to be the perpetrator of sexual harassment or sexual violence as defined in this policy.

Responsible employee

See Section VII, Employees with Reporting Responsibilities

Sexual violence

The phrase, as used in this policy, refers to incidents involving sexual assault, dating violence, domestic violence , stalking, or sexual exploitation.

Student

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 harassment or sexual violence occurred, or between academic periods for continuing students. [See Chapter UWS 17.02(14), Wis. Admin. Code.]

Title IX

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq. (as amended) and its implementing regulation, 34 C.F.R. Part 106. 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 important role in the university’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 an April 24, 2015, “Dear Colleague Letter” issued by OCR). See also, Section VI. Role and Duties of University Offices, Employees, and Organizations.

Title IX misconduct

A report of sexual harassment or sexual violence under this policy will be considered Title IX Misconduct when a formal Title IX complaint is either filed by a complainant or signed by the Title IX Coordinator and the alleged conduct meets the definitions of sexual harassment, sexual assault, stalking, dating violence, and /or domestic violence (as defined in Appendix B or in the Title IX misconduct section of the applicable chapter of the Wisconsin Administrative Code), and the formal Title IX complaint is not otherwise dismissed. Allegations involving Title IX Misconduct will follow procedures as detailed Chs. UWS 4.11-24 (faculty), UWS 11.13-26 (academic staff), UWS 17.151-156 (students), and Appendix B (regarding all other employees).

Trauma-informed care

A trauma-informed approach 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 programs identify and limit potential triggers to reduce re-traumatization and protect mental and emotional health. [See also: SAMHSA’s Concept of Trauma and Guidance for a Trauma-Informed Approach; and Building Cultures of Care: A Guide for Sexual Assault Services Programs]

University sponsored or supported activity

Any gathering, program, or activity:

1. That takes place on University lands; or
2. That takes place as part of a University-sponsored or supported activity not located on University lands; or
3. That the University, or a part of the University, is paying for, including with student segregated fee

Victim advocate

Any employee or volunteer who works in UHS Survivor Services and any employee or volunteer for a community victim advocacy program (e.g., Dane County Sexual Violence Resource Center or Domestic Abuse Intervention Services) while that employee or volunteer is providing confidential victim advocacy services to a client who is a University student or employee. A Victim Advocate will not report personally identifiable information concerning a disclosure of sexual harassment or sexual violence received by that individual in their professional capacity unless with the consent of the disclosing individual or unless required by law. Disclosing information to a Victim Advocate will not lead to an  investigation under this policy, unless the Complainant so requests. See Appendix A of this policy for a list of Confidential Resources.

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 amended the Clery Act [42 U.S.C. §§ 13701-14040], through the Campus Sexual Violence Elimination Act (SaVE) provision, Section 304.

Scope:

This policy applies to:

1. University programs and activities held both on and off campus, including those held in other municipalities, states, and nations.
2. All students while they are on campus or if their off-campus conduct meets any of the following criteria (Wis. Admin. Code § UWS Chapter 17.02(14) and 17.08):
   1. The conduct constitutes or would constitute a serious criminal offense, regardless of the existence of any criminal proceedings;
   2. The conduct indicates that the student presented or may present a danger or threat to the health or safety of self or others; or
   3. The conduct demonstrates a pattern of behavior that seriously impairs the University's ability to fulfill its teaching, research, or public service missions.
3. All other members of the University community (including, but not limited to: employees, volunteers, visitors, guests, contractors, and third-party vendors) while they are on campus or engaged in activities associated with University-sponsored or supported activities.

Policy:

I. Conduct Prohibited by this Policy
II. Resources
III. Reporting Options
IV. University Investigatory and Disciplinary Procedures
V. Rights
VI. Role and Duties of University Offices, Employees, and Organizations
VII. Employees with Reporting Responsibilities
VIII. Education and Training
IX. Record Keeping and Data Collection
X. Assessment

Appendix A – Confidential Resources
Appendix B – Title IX Misconduct Disciplinary Procedure and Informal Resolution

1. Conduct Prohibited by this Policy:

   The conduct listed below is prohibited by this policy.

   1. Sexual Harassment

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

      1. Quid pro quo sexual harassment
         1. An employee of the university 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. An employee of the university either explicitly or implicitly conditions the provision of an academic, professional, or employment-related opportunity, aid, benefit, or service on the complainant’s participation in unwelcome sexual conduct.
      2. Hostile environment sexual harassment. 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:
         1. Is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution's education program or activity;
         2. Unwelcome conduct of a sexual nature directed towards an individual that, when using the legal “reasonable person” standard, 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 an university sponsored or supported activity.

   2. Sexual Assault

      An offense that meets any of the following definitions:

      1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of the complainant, without the consent of the complainant.
      2. Fondling: The touching of the private body parts of the complainant for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of the complainant’s age or because of the complainant’s temporary or permanent mental incapacity.
      3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per Wis. Stat. § 944.06.
      4. Statutory Rape: Sexual intercourse with a complainant who is under the statutory age of consent as per Wis. Stat. § 948.02 and § 948.09.

   3. Dating Violence

      Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

   4. Domestic Violence

      Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth complainant who is protected from that person's acts under the domestic or family violence laws of Wisconsin as per Wis. Stat. § 813.12(1)(ag) and § 968.075.

   5. Stalking

      Engaging in a course of conduct directed at the complainant that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.

   6. Sexual Exploitation

      Attempting, taking, or threatening to take nonconsensual sexual advantage of another person. Examples include:

      1. Without the knowledge and consent of all participants:
         1. Observing, recording, or photographing private body parts or sexual activity of the complainant;
         2. Allowing another person to observe, record, or photograph private body parts or sexual activity of the complainant
         3. Otherwise distributing recordings, photographs, or other images of private body parts or sexual activity of the complainant;
      2. Masturbating, touching one's genitals, or exposing one's genitals in complainant's presence without the consent of complainant, or inducing another person to do the same.
      3. Dishonesty or deception regarding the use of contraceptives or condoms during the course of sexual contact or sexual activity;
      4. Inducing incapacitation through deception for the purpose of making the complainant vulnerable to non-consensual sexual activity;
      5. Coercing the complainant to engage in sexual activity for money or anything of value;
      6. Threatening distribution of the following, to coerce complainant into sexual activity or providing money or anything of value:
         1. Photos, videos, or recordings depicting private body parts or sexual activity of the complainant, or
         2. Other information of a sexual nature involving the complainant, including sexual history or sexual orientation.

   7. Retaliation

      Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured in this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.

   8. Providing False Information to a Reporting or Investigatory Office

      Any person who knowingly makes false statements or knowingly provides false information when reporting a violation of this policy or during the course of any investigation or disciplinary proceeding pursuant to this policy may be subject to disciplinary action. The fact that a complaint of sexual harassment or sexual violence did not result in a finding of wrongdoing in a law enforcement or University disciplinary proceeding will not, by itself, be a basis for determining that this provision has been violated.

   9. Refusal to Comply with a Reasonable Request on a University Matter Related to This Policy

      Examples include failure to respond to requests for meetings, or failure comply with a letter of expectations, No Contact Directive, or exclusion from campus.

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2. Resources

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

   1. Confidential Resources

      Anyone who has been subjected to sexual harassment or sexual violence can access available confidential resources for assistance and support including medical care, mental health counseling, victim advocacy, and other consultation. Confidential resources are available regardless of whether the person chooses to report the violation to the University, law enforcement, or any other agency. For a list of all available university and community confidential resources available on campus and in the community, see Appendix A.

   2. Support Resources (Non-Confidential)

      Anyone affiliated with the University who is impacted by sexual harassment or sexual violence or who become involved in the University investigatory or disciplinary process - including complainants, respondents, and witnesses - has access to campus support resources. Both students and employees may contact the Sexual Misconduct Resource and Response Program to learn more about support options, such as academic or workplace accommodations, protective measures (such as no contact directives), relocation of living or working paces, referrals to law enforcement, as well as their rights in the reporting or disciplinary process. A complete and updated list of resources available for students and employees can be found on the Sexual Misconduct Resource and Response Program website, as well as in the University’s Annual Security and Fire Safety Report.

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3. Reporting Options

   Anyone who has been subjected to sexual harassment or sexual violence or any other violation of this policy has options for reporting the violation, including the option not to report. For those who choose to report, the following offices are available to receive reports alleging violations of this policy:

   1. University Reporting Offices

      1. Sexual Misconduct Resource and Response Program (SMRR Program)

         The SMRR Program, positioned within the Office of Compliance and overseen by the Title IX Coordinator, receives reports of sexual harassment and sexual violence and coordinates the university response. SMRR Program staff are available to receive any reports alleging violations of this policy.

         Online Report Form: go.wisc.edu/report
         
         Lauren Hasselbacher, Title IX Coordinator
         354 Bascom Hall
         (608) 890-3788
         Email the Title IX Coordinator
         
         361 Bascom Hall
         (608) 265-6018
         Office of Compliance/Sexual Misconduct Resource and Response Program

      2. Office of Student Assistance and Support:

         The Office of Student Assistance and Support is available to receive reports alleging violations of this policy by students.

         Office of Student Assistance and Support
         70 Bascom Hall
         (608) 263-5700
         osas@studentaffairs.wisc.edu
         Office of Student Assistance and Support

      3. Office of Workforce Relations:

         The Office of Workforce Relations is available to receive reports alleging violations of this policy by employees.

         Workforce Relations Office of Human Resources
         21 N. Park Street, Suite 5101
         (608) 265-2257
         wr@ohr.wisc.edu
         Workforce Relations

   2. Law Enforcement

      In addition to constituting violations of this policy, acts of sexual harassment and sexual violence might also constitute criminal conduct that violates Wisconsin statutes. Regardless of whether these acts are reported to the University, anyone who has been subjected to sexual harassment or sexual violence that is also criminal conduct has the option of reporting to law enforcement. The following law enforcement agencies are available to receive reports:

      1. University of Wisconsin-Madison Police Department (for on-campus incidents)

         1429 Monroe Street
         (608) 264-2677 or 911
         UWPD

      2. Madison Police Department (for off-campus incidents in the City of Madison)

         211 S. Carroll Street
         (608) 261-9694 or 911
         MPD

         For incidents that occurred off-campus, outside of the City of Madison, the University of Wisconsin-Madison Police Department can help identify the relevant law enforcement agency to receive a report.

   3. U.S. Department of Education, Office for Civil Rights

      1. Chicago Office

         Violations of Title IX may be reported directly to the U.S. Department of Education, Office for Civil Rights (OCR). A person does not have to utilize the University's procedures for addressing sexual harassment and sexual violence before filing with OCR.

         U.S. Department of Education
         John C. Kluczynski Federal Building
         230 S. Dearborn Street, 37th Floor
         Chicago, IL 60604
         Telephone: (312) 730-1560
         Facsimile: (312) 730-1576
         Email: OCR.Chicago@ed.gov

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4. University Investigatory and Disciplinary Procedures

   Investigations regarding alleged violations of this policy will be conducted using applicable University investigatory or disciplinary procedures. The disciplinary procedures that will be used are based primarily on the relationship of the respondent with the University. To the extent that any conflicts exist between this policy and any other University policies pertaining to the discipline or employees, the procedures outlined in this policy (which incorporates and is consistent with the Wisconsin Administrative Code) will control.

   Additionally, certain violations of this policy, based on the specific facts and circumstances, will also be considered "Title IX misconduct" and will require specific procedures as detailed either in the applicable chapter of the University of Wisconsin Administrative Code listed below (for students, faculty, and academic staff who have passed their initial evaluation period), or as detailed in Appendix B of this policy for all other employees.

   1. When the respondent is a student, the University will use the investigatory and disciplinary procedures set forth in Chapter 17 of the University of Wisconsin Administrative Code (UWS).
   2. When the respondent is a faculty member, the University will use the investigatory and disciplinary procedures set forth in Chapters 4 and Chapter 6 of the UWS and Chapter 9 of the University’s Faculty Policies and Procedures when not inconsistent with UWS Chapters 4 and 6.
   3. When the respondent is a member of the academic staff who has passed their initial evaluation period, the University will use the investigatory and disciplinary procedures set forth in Chapter 11 and Chapter 13 of the UWS and in Chapter 6 and Chapter 9 of the University’s Academic Staff Policies and Procedures when not inconsistent with UWS Chapters 11 and 13.
   4. When the respondent is any other university employee (including university staff, academic staff who have not completed their initial evaluation period, limited appointees, temporary employee, and employees who otherwise do not have the right to a formal disciplinary process), the Title IX Coordinator, in consultation with the respondent's supervisor, and, if appropriate, the employing unit's human resources staff and/or the central campus Office of Human Resources staff will determine the appropriate course of action given the circumstances. When Title IX misconduct is involved, the procedure outlined in Appendix B will apply.
   5. When the respondent is a student employee, graduate assistant, or employee in training (i.e., student hourly, teaching assistant, research assistant, project assistant, resident, post doc, or fellow) and is alleged to have engaged in the misconduct in their role as an employee, the Title IX Coordinator, in consultation with the respondent’s supervisor, and, if appropriate, the employing unit’s human resource staff and/or the central campus Office of Human Resources staff, will determine the appropriate course of action. When Title IX misconduct is involved, the procedure outline in Appendix B will apply.
   6. A complainant can also request that the Office of Compliance conduct an investigation if the respondent is a participant in the University’s programs or activities who does not fall into any of the above categories. The Title IX Coordinator will determine the appropriate course of action given the circumstances. The Office of Compliance may also address the allegations using alternative resolutions.

   When the respondent falls into more than one of the categories described in this section, multiple procedures may be utilized to determine appropriate disciplinary outcomes for each of the respondent’s statuses. For example, if a respondent is both a student and an academic staff member, the University will follow UWS Chapter 17 to assess whether to impose discipline on the respondent’s student status and the University will follow Chapter 11 or 13 of the UWS to assess whether to impose discipline on the respondent’s academic staff status.

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5. Rights

   1. Supportive and Protective Measures

      1. Regardless of whether an incident of sexual harassment or sexual violence is reported to the University for the purpose of initiating a disciplinary proceeding, the University will work with individuals who experience sexual harassment and/or sexual violence to undertake appropriate measures to promote their safety and wellbeing. These may include, but are not limited to, no-contact directives, academic or work modifications, and adjustments to living spaces for those who live in a campus-operated facility, or to working spaces for employees of the University. Supportive measures are available to complainants and respondents. The Sexual Misconduct Resource and Response Program, as overseen by the Title IX Coordinator, will have primary responsibility for providing and coordinating supportive and protective measures under this policy.
      2. The University will maintain as confidential any supportive or protective measures provided as required or authorized by law and to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive or protective measures. (No-contact directives are not confidential, as they must be communicated to the respondent in order to be effective.)

   2. Amnesty

      Individuals, including complainants, respondents, and witnesses, who have made a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing regarding incidents of sexual harassment or sexual violence generally will not be issued citations by campus law enforcement or subject to disciplinary sanctions for violations relating to the personal use of drugs or alcohol arising out of the same facts and circumstances of the alleged incident unless the institution determines that the violation was egregious, and /or placed the health or safety of any person at risk, and was beyond the amnesty provided by state law. [See also: Wisconsin Sexual Assault Victim Amnesty Law]

   3. Confidentiality

      1. Complainants seeking a confidential consultation about protective measures or options for reporting to the University or law enforcement may contact one or more of the confidential resources listed in Appendix A to this policy.
      2. Persons who report to any of the non-confidential individuals or offices mentioned in Section VI of this policy or to any other non-confidential University employee cannot be assured the information they report will remain completely confidential due to the reporting requirements described in Section VII of this policy.
      3. Information provided in a non-confidential report or any investigatory or disciplinary proceeding will be maintained in a secure manner. If a University investigatory or disciplinary process is initiated, the respondent will be informed of the identity of the complainant and the nature of the allegations.
      4. The University may be required to release records pursuant to the Wisconsin Public Records law, subpoenas, governmental investigations, or other legal process. When responding to requests pursuant to the Wisconsin Public Records law, the University will redact personally identifiable information about complainants. Records containing personally identifiable information about students will only be disclosed to the extent permissible by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA).

   4. Prompt and Equitable Resolution

      The offices and University officials responding to a report of sexual harassment or sexual violence pursuant to this policy will endeavor to resolve the matter in a prompt and equitable manner in accordance with the applicable procedures, taking into consideration the nature and complexity of the report and procedural due process requirements. The complainant and the respondent will be advised of any delays that occur during the process. Best efforts will be made for the university to complete an investigation and issue a final investigative report within ninety (90) calendar days. The ninety (90) calendar-day timeframe may be extended for good cause, which may include, but is not limited to, considerations such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity or the need for language assistance or accommodation of disabilities. The complainant and the respondent will be notified in writing of an extension for good cause. Good cause will only be considered for temporary delays of the process or limited extensions of time frames and will not result in protracted or open-ended investigations.

   5. Potential Sanctions

      The procedures identified above provide for disciplinary action against anyone found responsible for violating this policy. The disciplinary action will be based on the preponderance of the evidence uncovered during the investigatory and disciplinary process and will take into account several factors, including the nature and severity of the incident, the sanctions available pursuant to the Disciplinary Procedures outlined in Section IV above, and any past disciplinary history of the respondent. For students, sanctions may include, but are not limited to, restrictions on a course or program, probation, suspension, or expulsion. (Chapter UWS 17.085 provides a more comprehensive list of potential sanctions against students.) For employees, sanctions may range from a written warning to dismissal from employment and may include change in duties, increased oversight, exclusions from places or programs and activities, or unpaid suspension. For program participants, sanctions may include restrictions upon participation in or exclusion from the program. For visitors to campus, sanctions may include a ban from portions or all of campus.

   6. Notice of Outcome

      Both the complainant and the respondent will be provided with written notice of the outcome of each stage of the applicable disciplinary process and of the final resolution of the investigation and recommended sanction.

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6. Role and Duties of University Offices, Employees, and Organizations

   1. Sexual Misconduct Resource and Response Program

      The duties of the SMRR Program include: receiving reports of sexual harassment and sexual violence; providing appropriate support and assistance to those affected by sexual harassment and sexual violence; maintaining appropriate records; and as appropriate, and investigating allegations of sexual harassment and sexual violence. The SMRR Program is overseen by the Title IX Coordinator and is part of the Office of Compliance.

   2. Title IX Coordinator

      The Title IX Coordinator oversees the SMRR Program and its related duties. Additionally, the Title IX Coordinator is responsible for providing or supporting the provision of appropriate education and training; maintaining ongoing communication with any Deputy Title IX Coordinators and relevant University committees; ensuring that applicable policies, resources, and other information are up-to-date and properly disseminated.

   3. Title IX Deputies

      The Title IX Coordinator has designated several Title IX Deputies to assist with the work of the Coordinator described above. These staff are trained on this policy, relevant procedures, reporting requirements, and can provide information and answer questions within their campus community.

   4. Campus Advisory Group on Sexual Assault and Misconduct (CAGSAM)

      CAGSAM provides overarching leadership on campus efforts to prevent and respond to sexual assault and sexual violence). The group advises senior campus leaders and ensures the coordination of campus prevention, policies, response, assessment, and accountability measures. CAGSAM includes representatives from across campus – including staff from UWPD, Student Affairs, Housing, and Athletics, as well as faculty members and students.

   5. University Health Services (UHS)

      UHS provides comprehensive services aimed at preventing violence before it happens and helping address the needs of student victims of sexual harassment , sexual assault, dating violence, domestic violence, stalking, or sexual exploitation after it happens. UHS provides medical care, mental health counseling, victim advocacy, and campus-wide prevention and education. UHS is responsible for providing and ensuring compliance with all required student trainings as well as a range of education and prevention efforts. UHS provides consultation and technical assistance throughout campus on violence prevention and education.

   6. Office of Student Assistance and Support (OSAS)

      OSAS, an office in Student Affairs, is a primary resource for connecting students who are navigating personal, academic, or health issues, to supportive campus and community resources. OSAS offers drop-in hours and is available to support students affected by sexual harassment and sexual violence by referring students to resources, helping them request supportive measures, and supporting them throughout relevant disciplinary or criminal processes (if applicable).

   7. The Office of Student Conduct and Community Standards (OSCCS)

      OSCCS, another office in Student Affairs, participates in the adjudication of sexual harassment and sexual violence allegations involving student respondents, including enforcement of any appropriate sanctions.

   8. Office of Human Resources (OHR)

      The Office of Human Resources provides programmatic and consultative HR services to the UW-Madison community, which includes developing and assisting with strategies to attract , develop , engage , and retain the faculty and staff needed for the campus to excel as a leading research and teaching institution. As part of its mission, OHR is a resource to support and provide guidance on effective methods to prevent sexual harassment and sexual violence. OHR's responsibility also includes consulting with the Title IX Coordinator to advise colleges, schools, and divisions on appropriate action steps when a violation of this policy involves an employee or otherwise impacts the workplace.

   9. Employee Assistance Office (EAO) and LifeMatters

      The EAO provides timely assistance to faculty and staff, and their family members or significant others as they work through life changes; chronic physical or emotional health issues; and work/life balance concerns. This service is provided free of charge and is completely confidential. Some of the services provided include: problem consultation/assessment, information about community resources, educational programs, and individual referrals.

      Along with EAO, LifeMatters provides a wide variety of resources including training, financial and legal consultation, time-saving searches, one to five sessions with a counselor for personal or work-related issues, and management consultation regarding workplace concerns. Appointments with LifeMatters counselors are available in-person, via chat, text, or video.

   10. Office of Compliance (OC)

       The Office of Compliance provides program oversight for the Americans with Disabilities Act (ADA), Health Insurance Portability and Accountability Act (HIPAA Privacy), Title IX of the Education Amendments, Wisconsin Public Records Law, and for providing fair and impartial employment and education discrimination complaint investigations (Title VI of the Civil Rights Act). The Office collaborates with campus partners to mitigate compliance risk and promote ethical conduct throughout the university community. The Sexual Misconduct Resource and Response Program is part of the Office of Compliance.

   11. University Police Department, Clery Program

       The University of Wisconsin-Madison Police Department (UWPD) is responsible for coordinating Clery Act compliance for UW-Madison. In collaboration with other campus units, UWPD's Clery Program Director and Assistant Director have the following responsibilities: collecting crime data and information, compiling the Annual Security Report and Annual Fire Safety Report, publishing the daily Clery Crime and Fire Log, coordinating identification and training of UW-Madison's Campus Security Authorities, and providing guidance for the issuance of timely warnings and emergency notifications. UWPD also manages the two Clery Act committees at UW-Madison: the Clery Act Leadership Committee, which is chaired by the Chief of Police, and the Clery Act Working Committee, which is chaired by the Clery Program Director.

   12. Schools, Colleges, and Divisions

       School, college, and divisional leadership have responsibility for supporting the implementation of this policy throughout their unit. This includes identifying individuals with reporting responsibilities, promoting and facilitating required campus training, referring employees and students to on­ and off-campus resources as appropriate, and cooperating with campus investigations.

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7. Employees with Reporting Responsibilities

   1. Responsible Employees

      Responsible Employees have a duty to report to the Title IX Coordinator any information they receive that suggests a violation of this policy has occurred or is occurring, which includes all instances of sexual harassment or sexual violence; this report includes identifying information of known complainants and respondents. Responsible Employees are not allowed to keep confidential information reported to them suggesting such a violation has occurred or is occurring. Responsible Employees are required to:

      1. Be familiar with the definitions of sexual harassment and sexual violence;
      2. Be familiar with this policy;
      3. Be familiar with confidential and other resources on campus and in the community to which to refer a reporting individual;
      4. Be familiar with the duty to report information they receive about potential acts of sexual harassment or sexual violence to the Title IX Coordinator and be prepared to explain this duty to anyone who is considering reporting such information to them.
      5. Complete relevant training on an annual basis.

      The University has designated individuals in the following job categories as responsible employees:

      • Chancellor, Provost, Vice Chancellors, Vice Provosts, Deans and all other Limited Appointees, including Directors (including Associate and Assistant titles);
      • Department Chairs (including Associate Chairs);
      • Human Resources Representatives;
      • Academic Department Administrators (Employees who lead a variety of administrative duties (fiscal, purchasing, human resources, etc.) in an academic department or research center.)
      • All Athletic Department Directors (including executive, associate and assistant directors), Head and Assistant Coaches within intercollegiate athletic teams;
      • All Police Department Staff;
      • All Managers, Supervisors, Student Supervisors, House Fellows, and Resident Managers within University Housing
      • Student Services Staff (Employees who are responsible for providing support services to undergraduate and graduate students and to student organizations unless designated as a confidential resource. This includes non-confidential Student Affairs employees, as well as employees when they are serving as academic advisors);
      • Any employee or volunteer who is responsible for the supervision or custodial care of minors in university sponsored or supported activities.
      • Title IX Coordinator and Deputy Title IX Coordinators;
      • University Complaint Investigators;
      • Hearing Officers, Hearing Panel Members and Disciplinary Decision Makers;
      • Officers responsible for hearing appeals in cases involving allegations of sexual harassment and sexual violence.

   2. Officials with Authority

      Officials with Authority, under this policy are employees who have the authority to institute corrective measures on behalf of the university. All Officials with Authority are also Responsible Employees. The University recognizes the individuals in the following job categories as "Officials with Authority" under this policy:

      • Chancellor, Provost, Vice Chancellors, and Deans;
      • Division Directors;
      • School, College, or Divisional Human Resources Directors (the lead Human Resource employee for any School, College, or Division);
      • Title IX Coordinator, Title IX Deputies, and any Sexual Misconduct Resource and Response Program staff.

   3. Campus Security Authorities

      Campus Security Authorities (CSAs) are responsible for reporting to the University Clery Program certain campus crimes that are reported to them, including all forms of sexual violence. CSAs are not allowed to keep information reported to them suggesting a campus crime has occurred confidential. CSAs are trained annually to identify which crimes they are responsible for reporting and how to report those crimes to the Clery Program.

      The University has designated individuals in the following job categories as CSAs:

      • All personnel who work for a campus police department or campus security department of an institution.
      • Any individual(s) who have responsibility for campus security but who do not constitute a campus police or security department. This includes, but is not limited to, people who provide security services such as monitoring access to campus facilities, act as event security for events such as sports or large, registered parties, or escort students around campus after dark.
      • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report crimes. At UW-Madison, the following offices are designated to receive crime reports on behalf of the institution: University of Wisconsin Police Department, the Office of Student Assistance and Support, the Title IX Coordinator in the Office of Compliance, the Office of Workforce Relations.
      • An official of the institution with significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. [See 34 C.F.R. § 668.46(a)]

   4. All Employees

      All UW-Madison employees, regardless of whether they are a Responsible Employee, an Official with Authority, or a Campus Security Authority, are required to comply with the following reporting obligations.

      1. Wisconsin Statute § 36.11(22)(c) (applies to sexual assault of a student)

         Any University employee who witnesses an act of sexual assault, or who receives a first-hand report of sexual assault from an enrolled student, must report that information to the Sexual Misconduct Resource and Response Program in the Office of Compliance. The SMRR Program shall compile reports for the purpose of disseminating statistical information. Confidential employees, as defined in this policy, are only required to report the occurrence of the sexual assault without any personally identifying information or details about the individuals involved.

      2. Executive Order #54 (applies to child abuse and neglect)

         Executive Order #54 (EO54) requires any University employee (other than employees who are mandatory reporters covered by Wis. Stats. § 48.981(2)(a)) to make a report of child abuse (including sexual abuse) or neglect immediately if, in the course of employment, the employee observes or learns of an incident or threat of child abuse or neglect, and the employee has reasonable cause to believe that child abuse or neglect has occurred or will occur. A report is required regardless of where the incident or threat of child abuse or neglect occurred (i.e., reporting is required if the abuse occurs on campus or in the child's home). The report must be made to the University of Wisconsin-Madison Police Department, Dane County Child Protective Services (CPS), or the jurisdiction in which the child abuse or neglect is reported to have occurred.

         If the incident or threat of child abuse or neglect involves an allegation against a University employee or agent (e.g. student, volunteer, etc.), or the incident or threat of child abuse or neglect occurred on campus or during a University sponsored or supported activity, in addition to notifying law enforcement or CPS, the reporter must also notify the UW-Madison Office of Youth Protection.

         The UW-Madison Policy on Mandatory Reporting of Child Abuse and Neglect can be accessed here.

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8. Education and Training

   1. Campus Training Requirements

      All students and employees will be required to complete the campus-supported training addressing issues of sexual harassment and sexual violence. More in-depth training will be provided and required for employees identified as: Responsible Employees and Campus Security Authorities under the Clery Act, as well as any other employees who have direct responsibilities related to the coordination and enforcement of this policy.

      Offices and committees with training and education responsibilities include:

      • Student Prevention Training: University Health Services
      • Employee Prevention Training: Office of Human Resources, Office of Compliance
      • Responsible Employee Training: Office of Compliance
      • Campus Security Authorities Training: Clery Program
      • EO54 Reporting Training: Office for Youth Protection and Compliance

   2. Consequences for Noncompliance with Training Requirements

      Employees: All employees, regardless of classification, must complete the campus-supported sexual harassment and sexual violence training upon beginning their position at the University and every four years subsequent or as required by CAGSAM. If a faculty or staff member does not complete the training, supervisors will document the deficiency (e.g., during performance management evaluation). The faculty or staff member will not be eligible for general wage adjustments (GWA) or performance pay increases that require satisfactory performance if the deficiency remains. Supervisors are also accountable for ensuring employees whom they supervise complete the training. If an employee has not completed the training by the established deadline, their immediate supervisor will also not be eligible for GWAs or performance pay increases that require satisfactory performance, unless the supervisor can demonstrate that they have made repeated efforts to obtain the employee's compliance without success. Supervisors must allow employees adequate time to complete the training during normal work hours.

      Students: Students who fail to complete the campus-supported training for students will have a hold placed on their registration and will not be allowed to register for classes in subsequent semesters until the training requirement has been completed.

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9. Record Keeping and Data Collection

   The Title IX Coordinator will track compliance with mandatory sexual harassment and sexual violence training programs, and maintain a list of training and education offered on campus. University Health Services will collect and maintain data regarding mandatory student training. The Office of Human Resources and the Office of Compliance will collect and maintain data regarding mandatory employee training.

   The institution will post a link to all training materials for Title IX personnel (including the Title IX Coordinator, any investigator, any decision-maker, and any person who facilitates an informal resolution), whether developed internally or purchased externally, on their website for public viewing. All materials used to train Title IX Personnel will be maintained for at least seven (7) years.

   The Title IX Coordinator will maintain records of reports and resolutions of sexual harassment and sexual violence consistent with the institutional records-retention policy and federal law, for a minimum of seven (7) years.

   The University's Clery Program Director, or other appropriate office, will collect appropriate data and information and compile the Annual Security Report and Annual Fire Safety Report, consistent with the federal Clery Act. The Clery Program Director will also collect and maintain data regarding annual CSA training.

   The Office of Compliance will collect appropriate data and compile the state report required under Wis. Stat. § 36.11(22)(c).

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10. Assessment

    The University will conduct periodic studies that seek to gather data and information concerning sexual harassment and sexual violence covered by this policy. Efforts will be made to conduct such studies with sufficient frequency to determine trends in incidence and prevalence on campus and evaluate the effectiveness of prevention and intervention programs. At a minimum, such studies will be conducted every three years. The University will also work to design methods for effectively evaluating the outcomes of campus training and educational programming. It is imperative that the University proactively integrate empirically informed assessment and evaluations into sexual harassment and sexual violence prevention and awareness programs to measure whether they are achieving the intended outcomes.

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Appendix A – Confidential Resources

Confidential Resources collectively refers to Campus Professional Counselors, Non-Campus Professional Counselors, Ombuds, and Victim Advocates. Anyone who has been subjected to sexual harassment or sexual violence can access available confidential resources for assistance and support including medical care, mental health counseling, victim advocacy, and access to accommodations and protective measures. These resources are available regardless of whether the person chooses to report the violation to the University, law enforcement, or any other agency.

On-Campus for Students

• UHS Medical/Mental Health Services

  University Health Services offers high-quality medical care to all UW–Madison students. Most fee-based services at UHS are covered at no cost for members of the UW–Madison Student Health Insurance Plan (SHIP). Additionally, UHS’s no-cost mental health services include individual, couple/partner, group counseling, outreach programming, and stress management. UHS also offers 24/7 crisis services. Psychiatry services are also available for medication management.

  (608) 265-5600
  333 East Campus Mall
  UHS Medical/Mental Health Services
  24-hour line: (608) 265-5600
  Mental Health Crisis Line (option 9)
  Medical Advice Nurse Line (option 1)

• UHS Survivor Services

  Survivor Services provides confidential support to UW–Madison student victims/survivors of sexual assault, sexual harassment, dating violence, domestic violence, and/or stalking.

  Email UHS Survivor Services
  333 East Campus Mall, 8th Floor
  (608) 265-5600 (option 3)

• Sexual Violence Resource Center

  The Sexual Violence Resource Center provides services to survivors (and their family and friends) of all forms of sexual violence, including recent sexual assault, past sexual assault, incest (past or present), sexual harassment, and sexual exploitation.

  333 East Campus Mall, 7th Floor, #7901
  Email the Sexual Violence Resource Center
  24-hour line: (608) 251-RAPE (7273)
  (608) 265-6389 (Campus Office)

On-Campus for Employees

• Employee Assistance Office

  A resource provided by the University of Wisconsin-Madison to assist employees and their immediate family members or significant others who are finding it difficult to successfully cope with personal or work related issues or concerns.

  610 Langdon Street, Lowell Center, Room 226
  Email the Employee Assistance Office
  (608) 263-2987
  Employee Assistance Office

• LifeMatters

  LifeMatters, a service of the Employee Assistance Office, provides employees with free and confidential statewide coverage, and 24/7 telephone access to professional counselors in support of employees’ personal and work-related concerns.

  LifeMatters
  24 hour-line: (1-800) 634-6433, or text “Hello” to 61295

• Ombuds Office

  The Ombuds Office facilitates understanding, communication, and resolution of conflict for employees. The office offers confidential and neutral help to people on campus so they can communicate more effectively with each other. A person from the Ombuds office will listen to your concerns, explain procedures, and talk about your choices. If you ask them, they may be able to serve as an intermediary as you try to resolve disputes. The Ombuds office can also give you confidential advice.

  610 Langdon Street, Lowell Center, Room 223-225
  Email Ombuds Office
  (608) 265-9992
  Ombuds Office

Community Resources Available to Anyone – Madison and Dane County

• Forensic Nurse Examiner Program

  The FNE Program provides medical and forensic examination for victims of sexual assault, domestic violence and dating violence. Nurses will examine for injuries, collect evidence, and offer medications to prevent STIs and/or pregnancy. Evidence can be collected within 5 days of an assault. There is no requirement to report to law enforcement.

  Meriter Hospital
  202 South Park Street Emergency room entrance
  (608) 417-5916
  Forensic Nurse Examiner Program Website

• Domestic Abuse Intervention Services (DAIS)

  DAIS works to ensure the safety and well-being of domestic violence survivors and their families, and to challenge societal attitudes that perpetuate violence and the abuse of power.

  2102 Fordem Avenue
  24-hour line: (608) 251-4445 or toll-free (1-800) 747-4045
  DAIS

• Sexual Violence Resource Center

  The Sexual Violence Resource Center provides services to survivors (and their family and friends) of all forms of sexual violence, including recent sexual assault, past sexual assault, incest (past or present), sexual harassment, and sexual exploitation.

  2801 Coho Street #301
  333 E. Campus Mall #7901| M-F, hours vary. Appointments can be made using 24 hour line.
  24-hour line: (608) 251-RAPE (7273)
  Email the Sexual Violence Resource Center
  Sexual Violence Resource Center

• Deaf Unity

  Deaf Unity provides victim advocacy for victims of sexual assault, intimate partner violence, and/or stalking provided by staff who are Deaf and use American Sign Language (including text helpline) and provide emotional support, and accompaniment to medical appointments and court dates.

  Text helpline: (608) 466-2881 M-F 9am-10pm
  Email Deaf Unity
  Deaf Unity

• UNIDOS Against Domestic Violence

  UNIDOS provides victim advocacy services for Latina and non-Latina survivors of sexual assault and domestic violence.

  (1-800) 510-9195
  UNIDOS

• Freedom, Inc.

  Freedom, Inc. provides victim advocacy services for victims of sexual assault and intimate partner violence that are language/gender/generation and culture-specific to women, gender non-conforming, and youth in African American and Southeast Asian families.

  601 Bay View
  (608) 661-4089 M-F 9am-5pm
  Email Freedom, Inc.
  Freedom, Inc.

Community Resources Available to Anyone – State of Wisconsin

• Wisconsin Coalition Against Sexual Assault

  WCASA is a statewide organization dedicated to support and complements the work of Wisconsin’s community-based sexual assault service provider programs and other organizations working to end sexual violence.

  2801 West Beltline Highway, Suite 202
  (608) 257-1516
  Assistance by Region

• End Abuse Wisconsin

  End Abuse is the only statewide coalition led by social policy advocates, attorneys, & experts working to support, connect, equip, empower, & lead social change organizations to end domestic abuse – because everyone deserves dignity & safety.

  1400 E. Washington Ave., Suite 227
  (608) 255-0539
  Assistance by Region

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Procedure:

Appendix B – Title IX Misconduct Disciplinary Procedure and Informal Resolution

Application

This investigation and disciplinary process outlined in Appendix B applies only to the investigation and resolution of Title IX misconduct alleged against university employees (including limited appointees, university staff, academic staff who have not completed their initial evaluation period, graduate assistants, student hourly employees and employees who otherwise do not have the right to a formal disciplinary process) except allegations against academic staff employees who have completed their initial evaluation period and faculty. The disciplinary processes for all other sexual harassment and sexual violence allegations outside the scope of Appendix B are found in Section III of the UW-Madison Policy on Sexual Harassment and Sexual Violence.

The informal resolution option outlined in Appendix B, Section III below applies to Title IX misconduct procedures for all students and all employees, and can be used to supplement the procedures outlined in Wisconsin Administrative Code Chapters 4, 6, 11, and 17.

1. Title IX Misconduct

   Allegations of sexual harassment and sexual violence will be considered Title IX Misconduct when the complainant or Title IX Coordinator has filed a formal Title IX complaint and the formal Title IX complaint is not dismissed under the criteria outlined below in subsection 1.

   The respondent is presumed to be not responsible for the alleged Title IX misconduct until a final decision regarding responsibility is made at the conclusion of the hearing process. The university may dismiss or discipline a respondent for Title IX misconduct only after due notice and hearing. The burden of proof is on the university administration.

   1. Dismissal of formal Title IX complaint and related appeal.

      1. The university shall dismiss a formal Title IX complaint consisting of allegations that meet any of the following conditions:
         1. The alleged conduct does not meet the definition of sexual harassment, sexual assault, dating violence, domestic violence or stalking as listed below:
            1. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
            2. Domestic violence means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Wisconsin as per Wis. Stat. § 813.12(1)(am) and § 968.075.
            3. Sexual assault means an offense that meets any of the following definitions: 
               • Rape means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of the complainant, without the consent of the complainant. 
               • Fondling means the touching of the private body parts of the complainant for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of the complainant’s age or because of the complainant’s temporary or permanent mental incapacity. 
               • Incest means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per Wis. Stat. § 944.06.
               • Statutory Rape means sexual intercourse with a complainant who is under the statutory age of consent as per Wis. Stat. § 948.02. 
            4. Sexual harassment means conduct on the basis of sex that satisfies any of the following:
               • Quid pro quo sexual harassment: When 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.
               • Hostile environment sexual harassment: 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, the conduct is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity.
            5. Stalking means engaging in a course of conduct directed at the complainant that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress. 
         2. The alleged conduct did not occur in a university education program or activity; 
         3. The alleged conduct did not involve actions against someone physically located in the United States.
      2. The university may dismiss a formal Title IX complaint under any of the following circumstances:
         1. The complainant formally requests in writing to withdraw the formal Title IX complaint;
         2. The respondent is no longer employed by the university; or
         3. Specific circumstances prevent the university from gathering evidence sufficient to reach a determination on the allegations contained in the formal Title IX complaint.
      3. The university generally shall decide whether to dismiss a formal Title IX complaint within 30 days of receipt of the formal Title IX complaint, but the university may extend that timeline as necessary. If a formal Title IX complaint is dismissed, the university must provide written notice of the dismissal and reasons therefore to the complainant and respondent. Dismissal of a formal Title IX complaint does not preclude the university from otherwise pursuing disciplinary proceedings against the respondent under the UW-Madison Policy on Sexual Harassment and Sexual Violence or other university policies. 
      4. Within 20 days of receipt of the notice of dismissal, the complainant or respondent may appeal the dismissal by filing a written appeal with the chancellor’s designee (hereinafter “chancellor’s designee”). The complainant or respondent may appeal on any of the following bases:
         1. Procedural irregularity that affected the outcome of the matter.
         2. New evidence that was not reasonably available at the time of the dismissal that could affect the outcome of the matter.
         3. The university employee making the dismissal decision had a conflict of interest or bias for or against the complainant or respondent or against complainants or respondents generally, that affected the dismissal decision.
      5. The chancellor’s designee shall provide the employee and complainant the opportunity to provide a written statement supporting or challenging the dismissal. The chancellor’s designee shall simultaneously issue a decision to the complainant and the employee within 30 days of receipt of a written appeal. The chancellor’s designee’s decision on the appeal of a dismissal shall be final.

2. Title IX Misconduct Investigation and Disciplinary Process

   1. Investigation

      1. Unless the university dismisses a formal Title IX complaint, the university shall appoint an investigator to conduct an investigation of the allegations in the formal Title IX complaint.
      2. The investigator shall provide the complainant and the respondent with a notice of investigation. The notice must include:
         1. The grievance process, including informal resolution options;
         2. The allegations of Title IX misconduct with sufficient detail for the respondent to prepare a response to the allegations, including but not limited to, the identity of the complainant as well as the date and location of the incident(s) if available;
         3. A statement affirming the respondent is presumed not responsible for the alleged violation;
         4. The complainant and the respondent have the right to an advisor of their choice;
         5. The complainant and respondent have the right to inspect and review the evidence; and
         6. Information about any code of conduct rules which prohibit the complainant and respondent from knowingly making false statements or submitting false information during the disciplinary process.
      3. The complainant and respondent shall receive an amended notice of investigation any time additional charges are added during the course of an investigation. Formal Title IX complaints involving more than one complainant or respondent may be consolidated if they arise out of the same facts or circumstances.
      4. The university's investigator shall do all of the following:
         1. Provide both the complainant and respondent an equal opportunity to provide witnesses (including fact and expert witnesses) who may be interviewed by the investigator, and other inculpatory and exculpatory evidence;
         2. Not restrict the ability of either the complainant or respondent to discuss the allegations under investigation or to gather and present relevant evidence;
         3. Provide the complainant and respondent the same opportunity to be accompanied by an advisor of their choice during meetings relating to the investigation but may limit the participation by the advisor so long as those limits are applied equally;
      5. As part of its investigation and disciplinary process , the university cannot access, consider, disclose, or otherwise use a complainant's or respondent's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the complainant or respondent, unless the university obtains the complainant's or respondent's voluntary, written consent to do so in relation to the investigation and disciplinary process.
      6. The university's investigator generally shall complete the investigation and issue a final investigative report within 90 days of the investigator's appointment. However, the investigator may extend the investigation's time frame where circumstances warrant.
      7. The disciplinary sanctions that may be imposed for misconduct under this policy range from a written reprimand through dismissal.

   2. Parties’ Review of Evidence

      1. Prior to completion of the final investigative report, the investigator must send to the complainant and respondent and their respective advisors, if any, the evidence gathered during the investigation for inspection and review by the complainant and respondent. The evidence may be provided in an electronic format or a hard copy. The evidence provided includes evidence upon which the university does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence, whether obtained from the complainant, respondent, or other source, to permit the complainant and respondent to meaningfully respond to the evidence prior to conclusion of the investigation.
      2. The complainant and respondent must have at least 10 days to submit a written response to the evidence. The investigator will consider any written responses prior to completion of the final investigative report.

   3. Final Investigative Report

      The investigator shall create a final investigative report that fairly summarizes relevant evidence and send the report to the complainant and the respondent, and their advisors, if any, for their review and response at least 10 days prior to a hearing. The written report shall be delivered simultaneously to the complainant and respondent.

      The university shall, upon delivery of the final investigative report, proceed to schedule a live hearing before a hearing examiner or hearing committee. A hearing shall be conducted unless both the complainant and respondent waive, in writing, the right to such a hearing or otherwise pursue an informal resolution as described in Section II, "Title IX Misconduct Informal Resolution" detailed below.

   4. Hearing Examiner or Hearing Committee

      1. The chancellor shall designate a Title IX misconduct hearing examiner or hearing committee to hear employee dismissal and discipline cases pursuant to this appendix. The university shall have the right to decide whether the matter will be heard by a hearing examiner or a hearing committee.
      2. The hearing examiner or hearing committee shall conduct the hearing, make a verbatim record of the hearing, and transmit such record along with factual findings and decision to the chancellor. The hearing shall be held not later than 45 days after completion of the final investigative report except that this time limit may be extended by the hearing examiner or hearing committee.

   5. Adequate Due Process

      1. A fair hearing for a complainant and respondent under this policy shall include the following rights:
         1. Service of written notice of a live hearing on the allegations in the formal Title IX complaint at least ten (10) days prior to the hearing;
         2. A right to the names of witnesses and of access to documentary and other evidence 
         3. A right for the complainant and respondent to be heard on their own behalf;
         4. A right to an advisor, counsel or other representatives, and to offer witnesses.
         5. A right to cross-examine the other party and all witnesses. Cross examination must be conducted directly, orally, and in real time by the complainant's or respondent's advisor, and never by the party personally. The complainant's and respondent's advisors may ask all witnesses relevant questions and follow-up questions, including questions challenging credibility. Credibility determinations, however, may not be made based on a person’s status as a complainant, respondent, or witness.
            1. Only relevant cross examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
            2. Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent.
            3. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party's or witness's absence from the live hearing or refusal to answer cross-examination or other questions.
         6. If the complainant or respondent does not have an advisor, the university shall provide the complainant or respondent, without charge, an advisor of the university's choice to conduct cross-examination on behalf of the complainant or respondent. The advisor may be, but is not required to be, an attorney. The university may establish restrictions regarding the extent to which the advisor may participate in the hearing, as long as the restrictions apply equally to the complainant and the respondent.
         7. A verbatim record of all hearings, which might be a sound recording, made available at no cost for inspection and review;
         8. Written findings of fact supporting the decision and decision based on the hearing record. The written findings of fact and decision shall include all of the following:
            1. Identification of the allegations potentially constituting Title IX misconduct;
            2. A description of the procedural steps taken from the receipt of the formal Title IX complaint through the hearing committee’s or hearing examiner’s decision, including any notifications to the complainant and respondent, interviews with the complainant, respondent, and witnesses, site visits, methods used to gather evidence, and hearings held;
            3. Conclusions regarding the application of the university's conduct policies to the facts;
            4. A statement of and rationale for the result as to each allegation, including a determination regarding responsibility, any disciplinary sanction recommended to be imposed, and whether remedies designed to restore or preserve equal access to the university's educational program or activity will be provided to the complainant; and
            5. The university's procedures and permissible bases for complainant and the respondent to appeal;
         9. Admissibility of evidence governed by Wis. Stat. § 227.45 (1) to (4). The hearing examiner or hearing committee shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
         10. Upon the complainant's or respondent's request, the university shall provide for hearing to occur with the complainant and respondent located in separate rooms with technology enabling all participants to simultaneously see and hear witnesses answering questions.
         11. The standard of proof shall be a preponderance of the evidence. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility and impose discipline or dismissal rests on the university
         12. No employee or other individual who participated in the filing or investigation of the formal Title IX complaint, or who is a material witness, shall be qualified to serve as the hearing examiner or on the hearing committee in that case;
         13. The hearing shall be closed unless the complainant or respondent requests an open hearing, in which case it shall be open unless otherwise prohibited by FERPA (see subch. V of ch. 19, Stats., Open Meeting Law; 20 U.S.C. § 1232g; 34 C.F.R. Part 99, Family Educational Rights and Privacy Act (FERPA));
         14. Delay or adjournment of the hearing for good cause may be granted by the hearing examiner or hearing committee. Good cause may include considerations such as the need to investigate evidence as to which a valid claim of surprise is made; to ensure the presence of the complainant or the respondent , their advisors, or a witness; to provide language assistance or accommodation of disabilities; and concurrent law enforcement activity. Good cause will only be considered for temporary delays of the process or limited extensions of time frames.

   6. Hearing Examiner's or Hearing Committee's Findings and Recommendations

      The hearing examiner or hearing committee shall simultaneously send to the chancellor's designee, the complainant, and to the respondent, within 30 days after conclusion of the hearing, or as soon as practicable, a verbatim record of the hearing testimony and a copy of the hearing examiner's or hearing committee's written findings of fact and recommendations.

   7. Chancellor's Designee's Decision

      1. Within ten (10) days after receipt of the record and findings and recommendations from the hearing examiner or hearing committee, the complainant and respondent may submit written exceptions. The chancellor's designee shall review those materials and their decision shall be based on the record created before the hearing examiner or hearing committee without consideration of any new evidence submitted by the complainant or the respondent. The chancellor's designee shall prepare a written decision within 20 days after the deadline of submission for the written exceptions by the complainant or the respondent. If the chancellor's designee's proposed decision differs substantially from those recommendations, the chancellor's designee shall promptly consult the hearing examiner or hearing committee and provide the hearing examiner or hearing committee with a reasonable opportunity for a written response prior to making a decision.
      2. The chancellor's designee may adopt the hearing examiner's or hearing committee's findings and recommendations as the chancellor's designee's decision. The chancellor's designee shall explain in the decision any substantial differences from those findings and recommendations.
      3. The chancellor's designee's decision shall be simultaneously sent to the complainant, respondent, and to the hearing examiner or hearing committee within forty-five (45) days of the chancellor's designee's receipt of the hearing examiner 's or hearing committee's materials.

   8. Appeal to Chancellor

      1. The complainant or respondent may appeal the chancellor designee's decision by filing a written appeal  with the chancellor within 20 days of receiving the decision. The appeal to the chancellor may be made only on the following bases:
         1. Procedural irregularity that affected the outcome of the matter;
         2. New evidence that was not reasonably available at the time of the hearing before the hearing examiner or hearing committee that could affect the outcome of the matter;
         3. The Title IX coordinator, investigator(s), chancellor's designee, or the hearing examiner or hearing committee had a conflict of interest or bias for or against the complainant or respondent , or against complainants and respondents generally, that affected the outcome.
      2. The complainant and the respondent shall be notified of any appeal to the chancellor.
      3. The chancellor shall permit the complainant and respondent to file a written statement on the appeal. The chancellor shall review the appeal based on the record before the hearing examiner or hearing committee. The complainant and respondent shall be simultaneously provided the final written decision of the chancellor, which shall include the rationale for the decision.

   9. Chancellor’s appeal decision

      1. After reviewing the matter on the record and considering any arguments submitted by the complainant and respondent, the chancellor shall issue a decision. The chancellor may adopt the hearing committee or hearing examiner’s findings and recommendations as the chancellor’s decision. The chancellor shall explain in the decision any substantial differences from those findings and recommendations. If the chancellor’s proposed decision differs substantially from those recommendations, the chancellor shall promptly consult the hearing committee or the hearing examiner and provide the committee or the hearing examiner with a reasonable opportunity for a written response prior to making a decision. In that decision, the chancellor may order dismissal of the respondent, may impose a lesser disciplinary action, or may find the respondent not responsible. The complainant and respondent shall be notified of the chancellor's decision in writing. This decision shall be deemed final unless the board, in cases involving a university staff respondent, upon request of the complainant or respondent, grants review based on the record.
      2. The chancellor’s decision shall be based on the record created before the hearing committee or hearing examiner, and the chancellor shall include the chancellor’s rationale in the decision. The chancellor decision shall be simultaneously sent to the complainant and respondent and to the hearing committee or the hearing examiner within 45 days of the chancellor’s receipt of the hearing committee’s or hearing examiner’s materials. A decision by the chancellor ordering dismissal shall specify the effective date of the dismissal. 

   10. Appeal to the Board of Regents of dismissal of university staff respondent.

       1. In matters where a university staff member is the respondent, the complainant or respondent may file an appeal of the chancellor’s decision to dismiss the university staff member (respondent) to the Board of Regents for the University of Wisconsin System (“board”). Any appeal must be made within 30 days of the date of the decision of the chancellor to dismiss. The board shall provide the complainant and respondent an opportunity for filing written exceptions to the chancellor’s decision, and for oral arguments, unless the complainant and respondent waive in writing the right to file exceptions or for oral arguments. The hearing of any oral arguments shall be closed unless the complainant or respondent requests an open hearing, in which case it shall be open unless otherwise prohibited by FERPA (20 U.S.C. § 1232g; 34 C.F.R. Part 99, Family Educational Rights and Privacy Act (FERPA));
       2. The board shall conduct its review of the chancellor’s decision, on any of the following bases: 
          1. Procedural irregularity that affected the outcome of the matter. 
          2. New evidence that was not reasonably available at the time of the live hearing that could affect the outcome of the matter.
          3. Conflict of interest or bias for or against the complainant or respondent, or against complainants and respondents generally, by the Title IX coordinator, investigator, the chancellor’s designee, the chancellor, the hearing examiner, or the hearing committee members that affected the outcome. 
       3. If the board decides to take action different from the decision of the chancellor, then before taking final action the board shall consult with the chancellor.
       4. The board shall make its decision based on the record created before the hearing committee or hearing examiner. Within 60 days of receipt of the chancellor’s decision, or otherwise as soon as practicable, the board shall simultaneously notify the complainant and respondent of the board's final decision, which shall include the board’s rationale for its decision. 
       5. A decision by the board ordering dismissal of the university staff member respondent shall specify the effective date of the dismissal.

   11. Administrative Leave

       Pending the final decision on the allegations in the formal Title IX complaint, the respondent may be placed on administrative leave.

3. Title IX Misconduct Informal Resolution Process

   The requirements of this section apply only to Title IX misconduct, and do not apply to any other allegations of sexual harassment and sexual violence under this policy. At any time prior to reaching a determination regarding responsibility for Title IX Misconduct, the university may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the university -

   1. Provides to the complainant and respondent a written notice disclosing:
      1. the allegations,
      2. the requirements of the informal resolution process including the circumstances under which it precludes the complainant and respondent from resuming the Title IX misconduct process arising from the same allegations, at any time prior to agreeing to a resolution,
      3. any party has the right to withdraw from the informal resolution process and resume the investigation and disciplinary process with respect to the formal Title IX complaint,
      4. any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;
   2. Obtains the complainant’s and respondent’s voluntary, written consent to the informal resolution process; and
   3. Does not offer or facilitate an informal resolution process to resolve allegations in which an employee engaged in Title IX misconduct against a student.

   The university may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment , or enjoyment of any other right, waiver of the right to an investigation and adjudication of Title IX misconduct. Similarly, the university may not require the complainant or respondent to participate in an informal resolution process of Title IX misconduct and may not offer an informal resolution process unless a formal Title IX complaint is filed.

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Related UW-Madison Policies:

UW-301 The UW-Madison Policy on Mandatory Reporting of Child Abuse and Neglect

UW-706 Academic Staff Policies and Procedures: Chapter 6 - Discipline and Dismissal

UW-707 Academic Staff Policies and Procedures: Chapter 7 - Employment Problems: Informal Resolutions and Grievance Procedures

UW-708 Academic Staff Policies and Procedures: Chapter 8 - Complaints Against Academic Staff Members

UW-709 Academic Staff Policies and Procedures: Chapter 9 - Academic Staff Appeals Committee

UW-808 Faculty Policies and Procedures: Chapter 8 - Faculty Rights and Responsibilities

UW-809 Faculty Policies and Procedures:  Chapter 9 - Discipline and Dismissal of Faculty for Cause

UW-1045 Youth Protection

UW-5048 Consensual Relationships

UW-5068 Corrective Progressive Discipline for University Staff policy (CPP 18.01)

Related UW–Madison Documents, Web Pages, or Other Resources:

HIPAA – Privacy & Security Coordinators

External References:

34 C.F.R. § 99 Family Educational Rights and Privacy

34 C.F.R. § 106 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

34 C.F.R. § 668.46(a) Violence Against Women Act

20 U.S.C. § 1232g Family Educational and Privacy Rights

20 U.S.C. § 1681 Discrimination Based on Sex or Blindness

42 U.S.C. §§ 13701-14040

Regent Policy Document 14-2 Sexual Violence and Sexual Harassment

Regent Policy Document 14-6 Discrimination, Harassment and Retaliation Policy

UW System Administrative Policy 1225 (formerly Gen 0), General Terms and Definitions

Wis. Admin. Code UWS § 4 Procedures for Faculty Dismissal and for Dismissal and Discipline in Title IX Cases

Wis. Admin. Code UWS § 6 Complaints and Grievances

Wis. Admin. Code UWS § 11 Procedures for Academic Staff Dismissal and for Discipline and Dismissal in Title IX Cases

Wis. Admin. Code UWS § 13 Complaints and Grievances

Wis. Admin. Code UWS § 17 Student Nonacademic Disciplinary Procedures

Wis. Stat. § 36.11(22)(c) Orientation Program; Information on Sexual Assault and Sexual Harassment

Wis. Stat. § 48.981 Abused or Neglected Children and Abused Unborn Children

Wis. Stat. § 48.981(2)(a) Persons Required to Report

Wis. Stat. § 227.45 (1) to (4) Evidence and Official Notice

Wis. Stat. § 813.12(1)(ag) Domestic Abuse Restraining Orders and Injunctions

Wis. Stat. § 813.12(1)(am) Domestic Abuse Restraining Orders and Injunctions

Wis. Stat. § 944.06 Sexual Crimes Which Affect the Family

Wis. Stat. § 948.02 Sexual Assault of a Child

Wis. Stat. § 948.09 Sexual Intercourse with a Child Age 16 or Older

Wis. Stat. § 968.075 Domestic Abuse Incidents; Arrest and Prosecution

Policy Administration

Approval Authority:

Provost and Vice Chancellor for Academic Affairs

Policy Manager:

Assistant Director of Civil Rights Compliance and Title IX Coordinator

Contact:

Assistant Director of Civil Rights Compliance and Title IX Coordinator -- LAUREN HASSELBACHER, LAUREN.HASSELBACHER@WISC.EDU, (608) 890-3788

Effective Date:

01-01-2018

Revised Dates:

08-14-2020, 06-01-2021, 08-19-2021

Retrieved:

01-24-2025 05:19:12