RANGER RECOVERY

Policy 36

Administrative Policy 36: Sexual Violence and Sexual Harassment Policy

Issued: August 5, 2008
Revised: March 2, 2017
Revised: June 20, 2018
Revised: August 26, 2019
Revised: September 14, 2021

Institution Approval:
Dr. Tammy McGuckin
Vice Provost for Student Affairs & Enrollment Services

Dr. Deborah Ford
Chancellor

Reference:
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.; 34 C.F.R. Part 106);

UW System Regent Policy 14-2: Sexual Violence and Sexual Harassment;
UW System Regent Policy 14-8: Consensual Relationships;

Additional UWS Policies as referenced in text below.

Reviewers:
Title IX Committee

Maintained By:
Title IX Committee

36.01 Policy Statement

The University of Wisconsin-Parkside is dedicated to providing 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-Parkside is committed to creating and maintaining a community environment that is free from sexual violence and sexual harassment.

36.02 Purpose and Scope of Policy

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.  This policy applies to all university students and employees.

The university is committed to educating its community and to promptly and effectively respond to and redress conduct that violates this policy.  This policy provides the UW-Parkside community with information and resources to identify, report, and respond to sexual violence and sexual harassment including sexual assault, stalking, and dating and domestic violence.  These efforts support the overall missions of UW-Parkside and the UW System.

36.03 Title IX Statement

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance.

36.04 Definitions

(See Appendix A).

36.05 Role and Duties of University Officials and Employees

A. Title IX Coordinator

The duties of the UW-Parkside Title IX Coordinator are described in the institutional position description.  Those duties include: receiving reports of sexual violence and sexual harassment; maintaining appropriate records; providing or supporting the provision of appropriate education and training; maintaining ongoing communication with any Deputy Title IX Coordinators and the Title IX Committee; investigating allegations of sexual violence and sexual harassment, as appropriate; ensuring that applicable policies, resources, and other information is up-to-date and properly disseminated.  The duties of the Title IX Coordinator will be guided by principles of trauma-informed care.

B. Title IX Committee

The Title IX Committee at UW-Parkside meets on a quarterly basis to discuss policy implementation and revision; to assess the effectiveness of trainings and educational programming; to address campus climate issues; and to provide guidance to the Title IX Coordinator.  The following are offices represented on this committee: Dean of Students Office, Office of Diversity & Inclusion, University Police, Student Health, Counseling & Disability Services, Housing & Residence Life, Athletics, and Human Resources.

C. Responsible Employees

UW-Parkside has designated individuals with the following titles as “responsible employees” under this policy:

Administrators

  • Chancellor and Vice Chancellors
  • Vice Provosts
  • Deans

Title IX Coordinator / Dean of Students

  • Title IX Coordinator and Deputy Title IX Coordinators
  • Dean of Students and Assistant Dean of Students

Human Resources

  • Director of Human Resources
  • Human Resources Representatives

Housing and Residence Life

  • Director and Associate/Assistant Directors
  • Residence Hall Managers

Athletics

  • Athletic Director and Associate/Assistant Athletic Directors
  • Athletic Coaches
  • Athletic Training Staff

University Police

  • Police Department Staff

These individuals should be properly trained to do the following:

  1. Be familiar with definitions of sexual violence and sexual harassment.
  2. Be familiar with this and other related policies.
  3. Be prepared to respond should an individual report an incident of sexual violence or sexual harassment.
  4. Be familiar with resources on campus to which to refer a reporting individual.

D. All Employees

In accordance with § 36.11(22), Wis. Stats., employees who witness an act of sexual assault, or who receive a first-hand report of sexual assault from an enrolled student, must report that information to the Office of the Dean of Students.  Confidential employees, described below, are only required to report the occurrence of the sexual assault.

All employees must comply with Executive Order 54 which requires that university employees report incidents of child abuse and neglect which they observe or witness in the course of their employment.  Such reports must be personally and immediately made to law enforcement or the county department of social services or human services. [Link to information about EO 54].

36.06 Reporting an Incident of Sexual Violence or Sexual Harassment

A. Reporting Options

Those who have been subjected to an incident of sexual violence or sexual harassment, or who have received a report of or witnessed an incident of sexual violence or sexual harassment, have several options for reporting the incident:

1. The individual may elect not to report (unless the individual is an employee who has information about a sexual assault as described in 36.05 D. above)

2. The individual may report information to a confidential university employee. On our campus, the professional medical providers (Nurse Practitioners and Mental Health Counselors) in our Student Health and Counseling Center are designated as confidential employees and can be contacted at (262) 595-2366.

3. The individual may report information to the campus Title IX Coordinator or Deputy Title IX Coordinators. Tyler Lenz-Fisher is our Title IX Coordinator and can be contacted at (262) 595-2239 or TitleIX@uwp.edu.  Contact information for the Deputy Title IX Coordinators is available on the Title IX webpage:  https://www.uwp.edu/explore/offices/titleix/

4. The individual may report information to the via an electronic Sexual Assault Reporting Form found on the Title IX webpage.
https://cm.maxient.com/reportingform.php?UnivofWisconsinParkside&layout_id=1

5. The individual may report information to the UW-Parkside Police at (262) 595-2911 (emergency line) or (262) 595-2455 (non-emergency line).

6. The individual may report information to the local law enforcement agency in whose jurisdiction the assault occurred.  If reporting at the time of the assault, dial 911 to reach the local law enforcement agency.  If reporting at a later time, use the non-emergency number for the local jurisdiction in which the assault occurred: Kenosha Police Department at (262) 656-1344; Kenosha County Sheriff at (262)-653-6600; City of Racine Police at (262) 635-7700; Racine County Sheriff’s Office at (262) 886-2300; Milwaukee Police Department at (414) 933-4444; and Milwaukee County Sheriff’s Office at (414) 226-7000.

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.S. Department of Education, Office for Civil Rights: http://www2.ed.gov/about/offices/list/ocr/docs/howto.html.

B.  Amnesty for Students

Complainants, victims, and witnesses to incidents of sexual violence, including sexual assault, will not be issued citations or subject to disciplinary sanctions for violations of university policy at or near the time of the incident unless the institution determines that the violation was egregious, including actions that place the health or safety of any other person at risk.

C.  Confidentiality

Individuals, including victims, who report to any of the offices or individuals noted above, or to any other university employee, except those noted below, cannot be assured absolute confidentiality.  However, information provided in the report and in any subsequent, related proceeding will be maintained in a confidential manner; only those individuals who have a need to know to fulfill obligations consistent with university policies or laws will be privy to certain information.

D.  Resources and Accommodations

1. Accommodations

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.

2. Resources

A number of university and community resources are available to individuals involved in incidents of sexual violence or sexual harassment.  A listing of these resources with contact information is available on the Sexual Misconduct webpagehttps://www.uwp.edu/live/offices/studentaffairs/sexual-misconduct/resources.cfm.

Note: University and community accommodations and resources mentioned above are available regardless of whether an official report is made, if university or police action is taken, the location of the assault, or the affiliation of the attacker with the university.

E.  Procedures

1. When a report is made to the Title IX Coordinator alleging that a student has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.

Chapter UWS 17, Wis. Admin. Code:  https://docs.legis.wisconsin.gov/code/admin_code/uws/17

2. When a report is made to the Title IX Coordinator alleging that a faculty member has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.

Chapter UWS 4, Wis. Admin. Code:  https://docs.legis.wisconsin.gov/code/admin_code/uws/4
Chapter UWS 6, Wis. Admin. Code: http://docs.legis.wisconsin.gov/code/admin_code/uws/6
Chapter UWS 7, Wis. Admin. Code:  https://docs.legis.wisconsin.gov/code/admin_code/uws/7

3. When a report is made to the Title IX Coordinator alleging that a member of the academic staff has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.

Chapter UWS 11, Wis. Admin. Code:  https://docs.legis.wisconsin.gov/code/admin_code/uws/11
Chapter UWS 13, Wis. Admin. Code: http://docs.legis.wisconsin.gov/code/admin_code/uws/13

4. When a report is made to the Title IX Coordinator alleging that a member of the university staff has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.

UPS Complaint Procedure: https://www.uwp.edu/explore/offices/humanresources/upscomplaintpro.cfm
UPS Local Grievance Procedures: https://www.uwp.edu/explore/offices/humanresources/uspgriev.cfm

5. When a report is made to the UW-Parkside Police or to a Kenosha County law enforcement agency alleging that an individual has engaged in an act of sexual violence or sexual harassment, the Kenosha County Sexual Assault Response Team (SART) Protocol procedures apply.

https://www.uwp.edu/live/offices/studentaffairs/sexual-misconduct/upload/Kenosha_County_SART_Protocol_FINAL_9516.pdf

When a report is made to more than one of the offices noted above, the offices will endeavor to cooperate as they are able.  Attempts will be made to limit the number of times a complainant or respondent is required to repeat information about the allegations.

F.  Prompt Resolution

The offices and individuals receiving a report of sexual assault or sexual harassment will endeavor to resolve the matter in a timely manner, with consideration to available information and context.

1. Potential Sanctions

The procedures identified above provide for disciplinary action against staff members and students who are found responsible for violating University policy.  Such sanctions may include restrictions on a course or program, suspension, expulsion, suspension and dismissal from academic duties.  Chapter UWS 17.10, Wis. Admin. Code provides a more comprehensive list of potential sanctions against students.  Employee sanctions may include suspension from duties and dismissal.

2. Notice of Outcome

Both the complainant and the respondent will be provided with notice of the outcome of the final resolution of the complaint.

G.  Prohibition Against Retaliation

This policy prohibits retaliation against an individual who reports, assists an individual in reporting, or participates in proceedings involving an allegation of sexual violence or sexual harassment. Retaliation under this policy includes threats, intimidation, or adverse employment/academic actions.  Those who believe they have been subjected to retaliation under this section may report the allegations to the Title IX Coordinator, campus law enforcement, or local law enforcement.  (See contact information above.)

H.  False Accusations

Knowingly making a material misstatement of fact in connection with reporting under this policy may subject the individual to disciplinary action.  Anyone who believes that they have been the subject of a false complaint may meet with the Title IX Coordinator to discuss the allegations.  The filing of a complaint that does not result in a finding of prohibited conduct is not alone evidence of the intent to file a false complaint.

36.07 Education and Training

The Title IX Coordinator will be primarily responsible for facilitating the training and educational programs to the campus community.  At a minimum, all students and employees will be required to complete the campus-supported on-line training covering issues of sexual violence and sexual harassment.

The Chancellor or designee will identify and offer more in-depth training for employees who are executives, supervisors, managers, directors, department heads, responsible employees, and those connected with the disciplinary process.

36.08 Record Keeping and Data Collection

As noted above, the Title IX Coordinator will maintain records of reports of sexual violence and sexual harassment consistent with the institutional records-retention policy.  In addition, the Title IX Coordinator will track compliance with mandatory training programs, and maintain a list of training and education offered on campus.

The Dean of Students Office, working in conjunction with the UW-Parkside Police Department, will collect, maintain, and submit the Annual Security Report, consistent with the federal Clery Act.

The Title IX Coordinator, or other appropriate office, will collect appropriate data and compile the state report required under § 36.11(22), Wis. Stats.

36.09 Assessment

The Dean of Students Office will conduct a study that seeks to gather data and information concerning sexual violence and harassment on or near campus.  Efforts will be made to conduct such a study once every 3-5 years.  All students and employees are encouraged to participate.  The office will also work to design 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 harassment prevention and awareness programs to measure whether they are achieving the intended outcomes.

36.10 Review

The Title IX Coordinator shall be responsible for updating the policy as needed and conducting an annual review of the policy.  Recommendations for changes will be forwarded to the Chancellor’s Cabinet for approval no later than June 1st. 

 

Administrative Policy 36: Sexual Violence and Sexual Harassment Policy Appendix A Definitions

Issued: August 5, 2008
Revised: March 2, 2017
Revised: September 14, 2021

Reference:

Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.; 34 C.F.R. Part 106);

UW System Regent Policy 14-2: Sexual Violence and Sexual Harassment;

UW System Regent Policy 14-8: Consensual Relationships;

Additional UWS Policies as referenced in text below.

36.04 Definitions

Complainant.  Any individual who is reported to have been subjected to sexual harassment, sexual assault, dating violence, domestic violence, or stalking, as defined in the relevant Administrative Code provisions or policies.  See, e.g., Chs. UWS 4.015 (faculty), UWS 11.015 (academic staff), and UWS 17.02(2m) (students).

Confidential Employee.  Any employee, who is a licensed medical, clinical, or mental health professional, when acting in that role in the provision of services to a patient or client who is a university student or employee.  A Confidential Employee will not report specific information concerning a report of sexual violence or sexual harassment received by that Employee in the Employee’s professional capacity unless with the consent of the reporting individual or unless required by the Employee’s license or by law.

Confidential Resource.  Individuals or agencies in the community, whose professional license or certification permits that individual or agency to preserve the confidentiality of the patient or client.

Consent.
words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation in this section. 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. UWS 11.015(3m)

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. UWS 11.015 (5)

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 ss. 813.12 (1) (am) and 968.075, Stats. UWS 11.015 (6)

Employee.  Any individual who holds a faculty, academic staff, university staff, limited, student employment, employee-in-training, temporary, or project appointment.  (See, e.g., UPS Operational Policy, GEN 0, General Terms and Definitions (https://www.wisconsin.edu/ohrwd/download/policies/ops/gen0.pdf))

Executive Order 54.  Executive Order issued by Governor Walker in 2011 requiring that university employees report incidents of child abuse and neglect which they observe or witness in the course of their employment.  Such reports must be personally and immediately made to law enforcement or the county department of social services or human services.
(https://docs.legis.wisconsin.gov/code/executive_orders/2011_scott_walker/2011-54.pdf)

Incapacitation.  As it applies to this policy, the state of being unable to physically and/or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs.  Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness.  The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

Office for Civil Rights.  The U.S. Department of Education office that is responsible for enforcing Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and other education-based discrimination acts. http://www2.ed.gov/about/offices/list/ocr/complaints-how.html

Preponderance of the Evidence.  Information that would persuade a reasonable person that a proposition is more probably true than not true.  It is a lower standard of proof than “clear and convincing evidence” and is the minimum standard for a finding of responsibility.  [Sections UWS 17.02(13)UWS 11.015(7)UWS 4.015(7), and UWS 7.015(5), Wis. Admin. Code]

Respondent.  A student who is accused of violating a policy under Chapter UWS 17, Wis. Admin. Code, or an employee who is accused of violating a policy under Chapters UWS 47, or 11, Wis. Admin. Code.

Responsible Employee.  Any employee (other than a “confidential resource”):

  1. Who has the authority to take action to redress sexual misconduct;
  2. Who has been given the duty of reporting incidents of sexual misconduct by students or employees to the Title IX coordinator or other appropriate school designee; or
  3. Who a student could reasonably believe has this authority or duty. April 29, 2014 “Dear Colleague Letter”, available at http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf.

Retaliation.  An adverse action taken against an individual in response to, motivated by, or in connection with an individual’s complaint of discrimination or discriminatory harassment, participation in an investigation of such complaint, and/or opposition of discrimination or discriminatory harassment in the educational or workplace setting.

Sex Discrimination.  Discrimination on the basis of sex or gender. Sexual harassment and sexual assault are forms of sex discrimination. [See 20 USC §§ 1681-1688]

Sexual Assault.
“Sexual assault" means an offense that meets any of the following definitions:

(a) “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.

(b) “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.

(c) “Incest” means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per s. 944.06, Stats.

(d) “Statutory Rape” means sexual intercourse with a complainant who is under the statutory age of consent as per s. 948.02, Stats.

Sexual Contact.  Intentional touching, whether direct or through clothing, if that intentional touching is for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under § 940.19(1) or § 940.225(5)(b)(1), Wis. Stats.

Sexual Exploitation. “Sexual exploitation” means attempting, taking or threatening to take, nonconsensual sexual advantage of another person. Examples include:

(a) Engaging in the following conduct 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 sexual activity or private body parts of the complainant.
3. Otherwise distributing recordings, photographs, or other images of the sexual activity or private body parts of the complainant.
(b) Masturbating, touching one's genitals, or exposing one's genitals in the complainant's presence without the consent of the complainant, or inducing the complainant to do the same.
(c) Dishonesty or deception regarding the use of contraceptives or condoms during the course of sexual activity.
(d) Inducing incapacitation through deception for the purpose of making the complainant vulnerable to non-consensual sexual activity.
(e) Coercing the complainant to engage in sexual activity for money or anything of value.
(f) Threatening distribution of any of the following, to coerce someone 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.
2. Other information of a sexual nature involving the complainant, including sexual history or sexual orientation.

UWS 11.015(10)(f)1

Sexual Harassment.
(2) “ Sexual harassment" means conduct on the basis of sex that satisfies any of the following:

(a) Quid pro quo sexual harassment.

1. 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; or

2. An employee of the institution either, explicitly or implicitly, conditions the provision of an academic, professional, or employment-related opportunity, aid, benefit, or service on an individual's participation in unwelcome sexual conduct.

(b) Hostile environment sexual harassment.

UWS 4.016(2)(b)1.1. 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, is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution's education program or activity; or

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.

UWS 4.016(2)(a)1

Sexual Intercourse.  Penetration, as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by the defendant or upon the defendant’s instruction [§ 940.225(5)(c), Wis. Stats.].

Sexual Violence.  The phrase, as used in this policy, refers to incidents involving sexual assault, sexual harassment, stalking, dating violence, and domestic violence.

Stalking.   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. UWS 11.015(11)

Student.  “Student” means any person who is registered for study in a University of Wisconsin System institution for the academic period in which the alleged act of sexual violence or sexual harassment occurred, or between academic periods for continuing students. [See Chapter UWS 17.02(14), Wis. Admin. Code.]

Violence Against Women Act (VAWA).  Federal law enacted in 1994, which promotes the investigation and prosecution of violent crimes against women, among other objectives.  Recently, it affected amendments to the Clery Act [42 U.S.C. §§ 13701-14040], through the Campus Sexual Violence Elimination Act (SaVE) provision, Section 304.

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