UW System Administration Internal Policy HR-9

Sexual Violence and Sexual Harassment Policy

Original Issuance Date: April 3, 2018
Last Revision Date: April 3, 2018

1. Policy Purpose

Under the direction of the Board of Regents, the mission of the UW System Administration (UWSA) is to lead and serve the UW System institutions as a champion of higher education and a responsible steward of resources.  Under the direction of the UW System President, UWSA helps to develop, and then implements, monitors, and evaluates policies enacted by the Board of Regents, aligning university programs with the current and future needs of the state and the nation.  UWSA is committed to creating and maintaining a community environment that is free from sexual violence and sexual harassment.

2. Responsible UW System Officer

UW System Senior Associate Vice President & Chief Human Resource Officer

3. Scope

This policy prohibits acts of sexual violence and sexual harassment at UWSA workplaces, at UWSA-sanctioned or UWSA-affiliated events, and where off-duty conduct affects a member of the UWSA community.  This policy applies to all UWSA employees.  UWSA is committed to educating its employees and to promptly and effectively responding to and redressing conduct that violates this policy.  This policy provides the UWSA workplace 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.  Under this policy, an employee may allege that a sexually harassing hostile work environment occurs when unwelcome conduct of a sexual nature has the purpose or effect of creating an intimidating, hostile, or offensive work environment or has the purpose or effect of substantially interfering with that individual’s work.  These efforts support the overall missions of UWSA and the UW System.

4. Background

In accordance with Regent Policy Document 14-2, Sexual Violence and Sexual Harassment, the President of UW System is responsible for implementing UWSA procedures consistent with the Board’s policy of promoting an environment free from sexual violence and harassment.  Under federal law, 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.

5. Definitions

(See Appendix A).

6. Policy Statement

A. Role and Duties of University Officials and Employees

1. Title IX Coordinator

The duties of the UWSA Title IX Coordinator are described in the coordinator’s 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 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.

2. Title IX Committee

The UWSA Title IX committee will, at a minimum, meet on an annual basis to discuss policy implementation and revision, to assess the effectiveness of trainings and educational programming, to address UWSA workplace climate issues, and to provide guidance to the Title IX Coordinator.  The following are offices and organizations represented on this committee: the UW System President’s Cabinet, the UWSA University Staff and the Academic Staff Councils, the UW System Office of General Counsel, and the Title IX Coordinator.

3. Responsible Employees

UWSA has designated the President’s Cabinet members, supervisors, and human resource professionals as “responsible employees” under this policy.  These individuals should be properly trained to do the following:

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

4. 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 a UWSA supervisor.

All employees must comply with Executive Order # 54 which requires that UWSA 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.

B. Reporting an Incident of Sexual Violence or Sexual Harassment

1. 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 II.D. above)
  2. The individual may report information to the Title IX Coordinator:
    Richard Thal
    UW System Human Resources
    Phone: 608-890-3610
    Email: rthal@uwsa.edu
  3. The individual may report information to the UW-Madison Police Department by calling 608-264-2677.
  4. The individual may report information to the City of Madison Police Department by calling 608-255-2345.

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

2. Confidentiality

Individuals, including victims, who report to any of the offices or individuals noted above, or to any other UWSA 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 UWSA policies or laws will be privy to certain information.

3. Resources and Accommodations

a. Accommodations

UWSA 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, work modifications, and relocation of working space.

b. Resources

UWSA’s Employee Assistance Program (EAP) provides free, confidential services to UWSA employees.  Employees affected by sexual violence or sexual harassment may seek emotional support or help with problem solving from the EAP.  Contact UW System Human Resources at 608-263-4375 for information about UWSA’s EAP.

The Rape Crisis Center is a community agency providing free and confidential services for survivors of all forms of sexual violence, including medical and legal advocacy, support groups, short-term counseling, and community education. Chimera self-defense classes are available for a small fee.

UW-Madison Location: 608-265-6389
Community Office: 608-251-5126
24-Hour Crisis Line: 608-251-7273

Domestic Abuse Intervention Services is a community agency providing free and confidential services for survivors of dating/domestic violence, stalking, including emergency shelter, legal advocacy, community education, and support groups.

24-Hour Help Lines                         608-251-4445 or 800-747-4045

4. Procedures

  1. 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 Title IX Coordinator will ensure that a complainant receives an explanation of available resources and options and will provide the UW System General Counsel with an initial assessment of the reported information. The General Counsel, or designee, will decide whether to initiate an investigation or to take any other action consistent with RPD 14-2 and applicable laws.  In cases when the respondent appeals the imposition of discipline for alleged sexual violence or sexual harassment, the complainant will be provided with all procedural rights set forth in Chapters UWS 11 and UWS 13, Wis. Admin. Code and in the UWSA Academic Staff Personnel Policies and Procedures.
  2. 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 Title IX Coordinator will ensure that a complainant receives an explanation of available resources and options and will provide the UW System General Counsel with an initial assessment of the reported information. The General Counsel, or designee, will decide whether to initiate an investigation or to take any other action consistent with RPD 14-2 and applicable laws.  In cases when the respondent files a grievance appealing the imposition of discipline for alleged sexual violence or sexual harassment, the Title IX Coordinator will ensure that a complainant who has asserted that he or she has been harmed is provided with all procedural rights provided to the respondent.  The complainant is entitled to these procedural rights under federal law and under SYS 1233, Grievance Procedures, which require that both the respondent and the complainant receive notice of all hearings and must be granted the right to participate in those hearings.  Moreover, federal law and SYS 1233 require that the standard of proving that sexual violence occurred shall be by a preponderance of the evidence.
  3. A victim of sexual assault may call the UW-Madison Police Department at 608-264-COPS or may go to the UW-Madison Police Department lobby at any time (1429 Monroe Street, across from Camp Randall) and ask to speak to an officer. When a report is made to the UW-Madison Police Department alleging that an individual has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.
  4. A victim of sexual assault may call the City of Madison Police Department at 608-255-2345 at any time. When a report is made to the City of Madison Police department alleging that an individual has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply.

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.

5. 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.

a. Potential Sanctions

The procedures identified above provide for disciplinary action against employees who are found responsible for violating UW System or UWSA policy.    Employee sanctions may include suspension from duties and dismissal.

b. Notice of Outcome

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

6. 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 UWSA Title IX Coordinator, to the UW-Madison Police Department, or to the City of Madison Police Department.  (See contact information above.)

7. 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 he or she has 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.

C. 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 UWSA employees will be required to complete the UWSA-supported on-line training covering issues of sexual violence and sexual harassment.

The President or designee will identify and offer more in-depth training for supervisors and others responsible for compliance with this policy.

D. Record Keeping and Data Collection

As noted above, the Title IX Coordinator will maintain and dispose of records of reports of sexual violence and sexual harassment in accordance with Wisconsin law regarding the retention and destruction of records (see page 16 of the UWSA & UW Madison General Records Schedule, Human Resources and Related Records).  In addition, the Title IX Coordinator will track compliance with mandatory training programs, and maintain a list of training and education options.

7. Related Documents

Regent Policy Document 14-2, Sexual Violence and Sexual Harassment

8. Policy History

First approved: April 3, 2018

9. Scheduled Review

April 2023

Appendix A:  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., sections 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 have sexual intercourse or sexual contact.  A person is unable to give consent if the person is incapacitated because of drugs, alcohol, physical or intellectual disability, or unconsciousness [§. 940.225(4), Wis. Stats.].

Dating Violence.  Violence committed in a “dating relationship,” which is defined as a romantic or intimate social relationship between two adult individuals; “dating relationship” does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.  A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship [§ 813.12(1)(ag), Wis. Stats.].

Domestic Violence.  Any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver’s care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common [§§ 813.12 (1)(am) and 968.075, Wis. Stats.]:

  1. Intentional infliction of physical pain, physical injury, or illness.
  2. Intentional impairment of physical condition.
  3. A violation of the state statute regarding sexual assault [§ 940.225(1), (2) or (3), Wis. Stats.].
  4. A violation of the state statute regarding stalking [§ 940.32, Wis. Stats.].
  5. A violation of the state statute regarding damage to property [§ 943.01, Wis. Stats.], involving property that belongs to the individual.
  6. A threat to engage in any of the conduct under 1 through 5 listed above [§§ 813.12 (1)(am) and 968.075, Wis. Stats.].

Employee.  Any individual who holds a faculty, academic staff, university staff, limited, student employment, employee-in-training, temporary, or project appointment.  (See, e.g., SYS 1225, General Terms and Definitions (https://www.wisconsin.edu/uw-policies/uw-system-administrative-policies/general-terms-and-definitions/)

Hostile Environment.  A hostile work, academic, or program-related environment is created when one engages in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual’s gender, and that has the purpose or effect of creating an intimidating, hostile, or offensive work, academic, or program-related environment or has the purpose or effect of substantially interfering with that individual’s work or academic performance.  Substantial interference with an employee’s work or academic performance or creation of an intimidating, hostile, or offensive work, academic, or program-related environment is established when the conduct is such that a reasonable person under the same circumstances as the student or employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person’s work or academic performance or to create an intimidating, hostile, or offensive work or learning environment. [See, e.g., § 111.36(1)(b), Wis. Stats.]

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 4, 7, 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 contact or sexual intercourse with another person without the consent of that person.

  1. FIRST DEGREE SEXUAL ASSAULT. Engaging in any of the following constitutes First Degree Sexual Assault:
  2. Sexual contact or sexual intercourse with another person without consent of that person and that causes pregnancy or great bodily harm to that person.
    b. Sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.
    c. Sexual contact or sexual intercourse with another person without the consent of that person by use or threat of force or violence, aided or abetted by one or more persons.
  3. SECOND DEGREE SEXUAL ASSAULT. Engaging in any of the following constitutes Second Degree Sexual Assault:
  4. Sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
    b. Sexual contact or sexual intercourse with another person without consent of that person causing injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
    c. Sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct, and the defendant knows of such condition.
    d. Sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.
    e. Sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
    f. Sexual contact or sexual intercourse with another person without the consent of that person, aided or abetted by one or more other persons.
  5. THIRD DEGREE SEXUAL ASSAULT. Sexual intercourse with a person without the consent of that person.
  6. FOURTH DEGREE SEXUAL ASSAULT. Sexual contact with a person without the consent of that person. [§ 940.225, Wis. 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 Harassment.  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience, (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such an individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or learning environment. [Adapted from 29 C.F.R. § 1604.11 (1980)].]

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.  Intentionally engaging in a course of conduct that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household [§. 940.32, Wis. Stats.].

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  UWS 17.02(14), Wis. Admin. Code.]

Title IX.  Title IX of the Education Amendments of 1972 (20 U.S.C. sec. 1681 et seq.; 34 C.F.R. Part 106)(as amended) is 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 in important role in an institution’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 April 24, 2015, “Dear Colleague Letter” available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201504-title-ix-coordinators.pdf).

Trauma-Informed Care.  Trauma-informed care 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 care programs identify and limit potential triggers to reduce their re-traumatization and protect their mental and emotional health. https://www.justice.gov/ovw/blog/importance-understanding-trauma-informed-care-and-self-care-victim-service-providers.  Trauma-informed care is an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma.  Trauma-informed care also emphasizes physical, psychological and emotional safety for both consumers and providers, and helps survivors rebuild a sense of control and empowerment.  See also: http://www.traumainformedcareproject.org/resources/SAMHSA%20TIC.pdf; and http://www.nsvrc.org/sites/default/files/publications_nsvrc_guides_building- cultures-of-care.pdf

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, through the Campus Sexual Violence Elimination Act (SaVE) provision, Section 304.