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This policy applies to all University of Wisconsin System institutions and programs. This policy covers sexual harassment and sexual violence, including but not limited to sexual harassment, sexual assault, stalking, dating violence, domestic violence, and sexual exploitation. It is the policy of the Board of Regents of the University of Wisconsin System to promote an environment free from incidents of sexual violence and sexual harassment.
To address these incidents, the Board of Regents directs UW institutions to adopt policies, practices, and educational programs that serve to prevent, respond to, and redress incidents of sexual violence and sexual harassment. In addition, this policy directs institutions to identify factors that may contribute to a culture in which incidents of sexual violence and sexual harassment can exist, and to address these issues to advance a safe environment that supports healthy and respectful interactions and relationships.
This policy is in compliance with Title IX of the Education Amendments of , which prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. This policy is also consistent with the regulations related to the Violence Against Women Act VAWA , the Jeanne Clery Act, relevant state code provisions regarding the enforcement of sexual misconduct disciplinary procedures See Chapters UWS 4, 7, 11, and 17 as well as other state and federal laws.
In accordance with these requirements, the University of Wisconsin System is responsible for taking immediate and effective steps to respond to sexual violence and sexual harassment. Regent Policy Documents and cover discrimination on the basis of other protected . Each Chancellor or deee shall be responsible for implementing institutional procedures consistent with this policy. Each UW institution is required to adopt a Sexual Violence and Sexual Harassment policy that is widely available and disseminated to all students and employees.
Appendix A provides a template policy for institutions to customize and adopt. The institutional policy must contain, at a minimum, the following provisions:. History: Res. The mission of University of Wisconsin-[institution] is to provide a teaching, learning and working environment in which faculty, staff, and students can discover, examine critically, preserve, and transmit the knowledge, wisdom, and values that will improve quality of life for all.
To promote these institutional values, UW-[institution] is committed to creating and maintaining a community environment that is free from sexual violence and sexual harassment. This policy prohibits acts of sexual violence and sexual harassment on university property, at university-sanctioned or university-affiliated events, and where off-campus conduct affects a member of the university community.
The university is committed to educating its community and to promptly and effectively responding to and redressing conduct that violates this policy. This policy provides the UW-[institution] community with information and resources to identify, report, and respond to sexual violence and sexual harassment including sexual assault, sexual exploitation, stalking, and dating and domestic violence.
Those duties include:. The duties of the Title IX Coordinator will be guided by principles of trauma-informed care and ensuring equity and due process for complainants and respondents. These individuals should be properly trained to do the following:. All Officials with Authority are also Responsible Employees. All employees must comply with Executive Order 54 which requires that university employees 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.
Those who have been subjected to an incident of sexual violence or sexual harassment have several options for reporting the incident:. Note: An individual may make a report to one or more of the offices or individuals noted above. Individuals have the option to file a complaint with the U.
Individuals, including complainants, who report to any of the offices or individuals noted above, or to any other university employee, except confidential employees or resources as defined in Appendix B, cannot be assured absolute confidentiality. However, information provided in the report and in any subsequent, related proceeding will only be shared with those individuals who have a need to know to fulfill obligations consistent with university policies or laws. The university will work with individuals involved in alleged incidents of sexual violence and sexual harassment to undertake appropriate measures to assist in their safety and wellbeing.
These may include: no-contact directives, academic or work modifications, and relocation of living or working space. Supportive measures are available to complainants and respondents. The university offers a variety of resources that are available to individuals involved in incidents of sexual violence or sexual harassment, including the following: [List of resources including medical, advocacy, counseling, tutoring.
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 parties to participate in an informal resolution process to address Title IX misconduct and may not offer an informal resolution process for Title IX misconduct unless a formal complaint is filed. The requirements of this section do not apply to allegations of sexual harassment and sexual violence that do not constitute Title IX misconduct. The university offices and employees that receive a report of sexual violence or sexual harassment will endeavor to resolve the matter in a timely manner, with consideration to available information and context.
Best efforts will be made for the university to complete an informal resolution process or an investigation of a complaint within 90 calendar days. The 90 calendar day time frame and any other time frame set by the university related to appeals and conclusion of the grievance process may be extended for good cause. Good cause may include but is not limited to considerations such as:. The complainant and the respondent will be notified in writing of an extension for good cause. The procedures identified above provide for disciplinary action against employees and students who are found responsible for violating a university policy.
For students, such sanctions include those listed in UWS Employee sanctions may include measures that range from a written reprimand through dismissal. Vendors and guests may be subject to other sanctions. Both the complainant and the respondent will be provided with notice of the outcome of the final resolution. Prohibited retaliation includes intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by 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.
Those who believe they have been subjected to retaliation under this section may report the allegations to the Title IX Coordinator or Deputy. Those who believe they have been subjected to retaliation that would also constitute a crime may report to campus law enforcement or campus safety office. See contact information above. 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. The Title IX Coordinator will be primarily responsible for facilitating the training and educational programs for the campus community. At a minimum, all students and employees will be required to complete the campus-supported on-line training covering issues of sexual violence and sexual harassment. The Chancellor or deee will identify and offer more in-depth training for employees who are Officials with Authority, Responsible Employees, Title IX Personnel, and those connected with the disciplinary process.
All decision-makers shall receive training on any technology to be used at a live hearing, and on issues of relevance of questions and evidence. All investigators shall receive training on issues of relevance and how to create an investigative report that fairly summarizes relevant evidence. As noted above, the Title IX Coordinator will maintain records of reports and resolution of sexual violence and sexual harassment consistent with the institutional records-retention policy, which must be at least seven 7 years. In addition, the Title IX Coordinator will track compliance with mandatory training programs and maintain a list of training and education offered on campus.
The 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 insert campus office name will conduct a study that seeks to gather data and information concerning sexual violence and sexual harassment. All students and employees are encouraged to participate. The Title IX office will also work to de methods for effectively evaluating the outcomes of campus training and educational programming. It is imperative that UW System institutions proactively integrate empirically informed assessment and evaluations into sexual violence and sexual harassment prevention and awareness programs to measure whether they are achieving the intended outcomes.
An individual who assists a complainant or respondent in any grievance proceeding or related meetings. This individual may or may not be an attorney. Clear and convincing evidence. Information that would persuade a reasonable person to have firm belief that a proposition is more likely true than not true. Any individual who is alleged to be the subject of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, as defined in this policy. Confidential Employee. Any employee who is a d medical, clinical, or mental health professional when acting in that role in the provision of services to a patient or client who is a university student or employee.
Confidential Resource. Individuals or agencies in the community, whose professional , or certification permits that individual or agency to preserve the confidentiality of the patient or client. 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. 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.
Domestic Violence. Any individual who holds a faculty, academic staff, university staff, limited, student employment, employee-in-training, temporary, or project appointment. See, e. 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.
Executive Order Executive Order issued by Governor Walker in requiring that university employees report incidents of child abuse and neglect which they observe or learn of in the course of their employment. Formal Title IX Complaint.
For the purposes of Title IX misconduct only, a document filed by a complainant or ed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against a respondent and requesting that the institution investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant must be participating in or attempting to participate in an educational program or activity. A formal complaint may be filed in person, by mail, or by electronic mail, or any other method deated by the university.
The state of being unable to physically or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.
Official with Authority. Any official of the university who has the authority to institute corrective measures on behalf of the university. Office for Civil Rights. The U. Preponderance of the Evidence. Information that would persuade a reasonable person that a proposition is more probably true than not true. An individual who has been reported to be the perpetrator of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, as defined in this policy. Responsible Employee.
Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured in, 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.
Sex Discrimination. Discrimination on the basis of sex or gender. Sexual harassment and sexual assault are forms of sex discrimination. Sexual Exploitation. Attempting, taking, or threatening to take, nonconsensual sexual advantage of another person. Examples include:. Sexual Harassment. Conduct on the basis of sex that satisfies one or more of the following:.
Sexual Violence. The phrase, as used in this policy, refers to incidents involving sexual assault, dating violence, domestic violence, stalking, and sexual exploitation. 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.
Any person who is registered for study in a University of Wisconsin System institution for the academic period in which the alleged act of sexual violence or sexual harassment occurred, or between academic periods for continuing students. Title IX.Sex dating in Chancellor
email: [email protected] - phone:(268) 940-6645 x 5078
University Sexual Harassment Investigation Board (USHIB)