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.
This policy applies to:
The conduct listed below is prohibited by this policy.
Conduct on the basis of sex that satisfies one or more of the following:
An offense that meets any of the following definitions:
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.
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.
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.
Attempting, taking, or threatening to take nonconsensual sexual advantage of another person. Examples include:
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.
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.
Examples include failure to respond to requests for meetings, or failure comply with a letter of expectations, No Contact Directive, or exclusion from campus.
The university offers a variety of resources that are available to individuals involved in incidents of sexual harassment or sexual violence, including the following:
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.
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.
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:
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
Email the Title IX Coordinator
361 Bascom Hall
Office of Compliance/Sexual Misconduct Resource and Response Program
The Dean of Students Office is available to receive reports alleging violations of this policy by students.
Dean of Students Office
70 Bascom Hall
Email the Dean of Students
Dean of Students
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
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:
1429 Monroe Street
(608) 264-2677 or 911
211 S. Carroll Street
(608) 261-9694 or 911
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.
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
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
DoSO, an office in the Division of Student Affairs, is a primary resource for connecting students who are navigating personal, academic, or health issues, to supportive campus and community resources. DOSO 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).
OSCCS, another office in the Division of Student Affairs, participates in the adjudication of sexual harassment and sexual violence allegations involving student respondents, including enforcement of any appropriate sanctions.
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.
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.
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.
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.
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.
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:
The University has designated individuals in the following job categories as responsible employees:
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:
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 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.
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.
Executive Order #54 (EO 54) 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 and Compliance.
The UW-Madison Policy on Mandatory Reporting of Child Abuse and Neglect can be accessed here.
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:
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.
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).
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.
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.
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.
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)
Rape Crisis Center
RCC 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 Rape Crisis Center
24-hour line: (608) 251-RAPE (7273)
(608) 265-6389 (Campus Office)
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
Employee Assistance Office
Life Matters, 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.
24 hour-line: (1-800) 634-6433, or text “Hello” to 61295
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
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.
202 South Park Street Emergency room entrance
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
Rape Crisis Center (RCC)
RCC 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 RCC
Rape Crisis Center
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
UNIDOS Against Domestic Violence
UNIDOS provides victim advocacy services for Latina and non-Latina survivors of sexual assault and domestic violence.
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
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
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
Assistance by Region
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.
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.
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.
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.
Pending the final decision on the allegations in the formal Title IX complaint, the respondent may be placed on administrative leave.
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 -
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.
08-14-2020; 06-01-2021; 08-19-2021