Policy: UW-Platteville Sexual Violence and Sexual Harassment Policy

University Policy: Health & Public Safety
UNIVERSITY POLICY
Responsible University Official(s): Chancellor or Title IX Coordinator, as designee
Policy Owner: Dean of Students Office
Policy Contact: Dean of Students

The most current version of this policy is published at: https://uwplatt.teamdynamix.com/TDClient/111/Portal/KB/ArticleDet?ID=13046

The mission of the University of Wisconsin – Platteville is to promote excellence by using a personal, hands-on approach to empower each student to become broader in perspective, intellectually more astute, ethically more responsible, and to contribute wisely as an accomplished professional and knowledgeable citizen in a diverse global community. To promote these institutional values, UW – Platteville, including its branch campus at Baraboo Sauk County, is committed to creating and maintaining a community environment that is free from sexual violence and harassment.

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This policy applies to:

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

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.

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

Complainant. 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 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. 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.

UW-Platteville has designated individuals with the following titles as “confidential employees”:

Medical & health providers from Student Health Services
Licensed professional counselors from University Counseling Services
Licensed professional counselors from UW-Platteville Baraboo Sauk County

Confidential Resource. Individuals or agencies in the community, who 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 definition of sexual assault and sexual exploitation.  A person in unable to give consent if the person is incapacitated 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.

“Decision maker” means the University entity responsible for rendering a decision of responsibility and, if applicable, a sanction.  At UW-Platteville this entity is the hearing examiner or nonacademic misconduct hearing committee, as defined by 17.02 (9) and 17.02 (12).

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. (See ss. 813.12(1)(am) and 968.075).

Educational Program or Activity. For purposes of Title IX misconduct only, locations, events, or circumstances at which the University exercised substantial control over both the respondents and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the University.

Employee.  Any individual who holds a faculty, academic staff, University staff, limited, student employment, employee-in-training, temporary, or project appointment.  (See, e.g., UW System Administrative Policy 1225 (formerly GEN 0), General Terms and Definitions (https://www.wisconsin.edu/uw-policies/uw-system-administrative-policies/general-terms-and-definitions/)

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)

Formal Complaint. For the purposes of Title IX misconduct only, a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against a respondent and requesting that the University investigate the allegations. At the time of filing of the formal 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 electronic mail, or any other method designated by the University. A formal complaint must include a physical or digital signature of the complainant or the Title IX Coordinator.

Incapacitation.  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.

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.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

Respondent. 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. Any employee (other than a “confidential resource”) 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. 

Retaliation.  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 complain, testified, assist, 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. [See 20 USC §§ 1681-1688]

Sexual Assault. An offense that meets the definition of rape, fondling, incest, or statutory rape as defined below. [20 U.S.C. 1092(f)(6)(A)(v), 34 CFR 668.46(a).]

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

Sexual Exploitation. Occurs when an individual attempts, takes, or threatens to take nonconsensual sexual advantage of another person. Examples include, but are not limited to:

1. Any of the following without the knowledge and consent of all participants:
   1. observing, recording, or photographing private body parts or sexual activity of one or more persons
   2. allowing another person to observe, record, or photograph sexual activity or private body parts of one or more persons
   3. otherwise distributing recordings, photographs, or other images of the same of one or more persons
2. Masturbating, touching one’s genitals, or exposing one’s genitals in another person’s presence without the consent of that person, or inducing another person to do the same.
3. Dishonesty or deception regarding the use of contraceptives or condoms during the course of sexual contact or sexual intercourse;
4. Inducing incapacitation through deception for the purpose of making another person vulnerable to non-consensual sexual activity;
5. Coercing another person to engage in sexual activity for money or anything of value;
6. Threatening distribution 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 one or more persons
   2. Other information of a sexual nature (for example, may include but is not limited to, sexual history or sexual orientation).

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

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;
2. Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in a program or activity of the University that, when using the legal “reasonable person” standard:
   1. Is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity; or
   2. 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 a University sponsored or supported activity.

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

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.

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

Title IX.  Title IX of the Education Amendments of 1972 (20 U.S.C. 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 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.

Title IX Misconduct: A report of sexual harassment or sexual violence under this policy will be considered Title IX Misconduct when a formal complaint (as defined in this section) is either filed by a complainant or signed by the Title IX Coordinator and the alleged conduct meets the definition of sexual harassment, sexual assault, dating violence, domestic violence, or stalking as defined in 34 C.F.R. 106.30, occurred within a University “education program or activity” (as defined in this section) and occurred against the complainant while in the United States; and the complainant is participating in or attempting to participate in a University education program or activity at the time they file the formal complaint. Title IX misconduct cases will follow procedures as detailed in Chs. UWS 4.11-24 (faculty), UWS 11.13-26 (academic staff), UWS 17.16-21 (students), and Appendix A (University employees other than faculty or academic staff).

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

A process that employs trauma-informed care accounts for the impact of trauma but does not recognize symptoms of trauma as evidence that a particular incident did or did not occur.

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.

“Withdrawn complaint” means a formal complaint withdrawn, in writing, by the complainant to the Title IX Coordinator (UWS17.152 (2) (b) (1)).  Once withdrawn, a complainant may not reopen a formal Title IX complaint on the same matter.

2. ROLE AND DUTIES OF UNIVERSITY OFFICIAL AND EMPLOYEES

Title IX Coordinator. The duties of the UW-Platteville 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
• coordinating the effective implementation of supportive measures
• 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.

Title IX Committee. The Title IX committee at UW-Platteville meets on a bi-monthly, or as-needed, basis to:

• discuss policy implementation and revision
• assess the effectiveness of trainings and educational programming
• address campus climate issues
• provide guidance to the Title IX Coordinator

The following offices are represented on this committee: Athletics, Campus Climate, Dean of Students Office, Human Resources, and Residence Life.

Responsible Employees. 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.

UW-Platteville’s main campus has designated individuals with the following working titles as “responsible employees":

• Title IX Coordinator and Deputy Title IX Coordinators
• The Chancellor, Vice Chancellors, Assistant Chancellors, and Assistant Vice Chancellors
• Dean of Students and Assistant Dean of Students
• Chief of Police, Sergeant, Officers, Police Program Assistants, and University Resource Officers
• Director of Residence Life, Associate Director of Residence Life, Assistant Director of Residence Life, Resident Directors, Senior Assistants, and Resident Assistants
• Director of Human Resources
• College Deans, Associate Deans, and Assistant Deans
• Coaches, Assistant Coaches, Athletic Director, and Assistant Athletic Directors

UW-Platteville Baraboo Sauk has designated individuals with the following titles as “responsible employees":

• Academic Advisor
• Administrative Assistant
• Administrative Manager
• Assistant Dean
• Business Development Officer
• Coach
• Learning Center Coordinator
• Lecturer (Assistant, Associate, Senior)
• Librarian
• Library Assistant
• Professor (Assistant, Associate)
• Public Relations Specialist
• Residence Life Staff (Community Manager, Resident Assistant)
• Student Activities Coordinator
• User Support Specialist

An employee’s obligations as a Responsible Employee are determined by the campus on which they receive the report of sexual violence.  For example, if a faculty member is teaching a course on the main campus and receives a report of sexual violence, they are not a responsible employee and not required to report this information.  However, if that same faculty is also teaching on a branch campus and receives a report of sexual violence while on that campus, under this policy, they are a responsible employee and requires to report this information through the Sexual Violence & Sexual Harassment Reporting Form.

Official with Authority. UW-Platteville has designated the following individuals as “Officials with Authority” under this policy, as they have the authority to institute corrective measures on behalf of the University.  All Officials with Authority are also Responsible Employees.

• Title IX Coordinator and Deputy Title IX Coordinators
• The Chancellor, Vice Chancellors, Assistant Chancellors, and Assistant Vice Chancellors
• Dean of Students & Assistant Dean of Students
• Chief of Police, Sergeant, Officers, & Police Program Assistants
• Director of Human Resources
• College Deans, Associate Deans, and Assistant Deans

All Employees. In accordance with s. 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 Dean of Students Office via their webpage, using the reporting link located on the right sidebar.  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.

3. 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 have several options for reporting the incident:

1. The individual may elect not to report or may only seek confidential services:

UW-Platteville Main Campus	UW-Platteville Baraboo Sauk County
University Counseling Services 608.342.1865 Royce Hall, 2nd Floor, Student Health Services, 608.342.1891 Royce Hall, 2nd Floor Family Advocates 24/7 Hotline, 800.924.2624 250 N Court, Platteville, WI 53818 Riverview Center Iowa Sexual Assault Hotline, 888.557.0310 2600 Dodge St, Dubuque, IA 52003	Counseling Services 608.355.5272 215 Lange Student Center, Room B141   Hope House 24/7 Hotline, 608.356.7500 720 Ash St. Baraboo, WI 53913

2. The individual may report information to the campus Title IX Coordinator or other designated reporting office:

Amy Kasper, Title IX Coordinator
608.342.7133 kasperam@uwplatt.edu

UW-Platteville Dean of Students Office, Main Campus 
1300 Ullsvik Hall, 608.342.1854
deanofstudents@uwplatt.edu

UW-Platteville Baraboo Sauk County Dean of Students Office
208 Lange Student Center, 608.342.1854 
deanofstudents@uwplatt.edu

Human Resources
2300 Ullsvik Hall, 608.342.1176 
humanresources@uwplatt.edu

3. The individual may report information to campus or community law enforcement:

UW-Platteville Main Campus	UW-Platteville Baraboo Sauk County
University Police 608.342.1584 Brigham Hall Platteville City Police 608.348.2313 165 N 4th Street	Baraboo Police Department  608.355.2720 101 South Blvd. Baraboo, WI 53913 Sauk County Sheriff’s Department 608.356.4895 1300 Lange Ct. Baraboo, WI 53913

Note: An individual may make a report to one or more of the offices or individuals noted above.
Individuals may also 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. Amnesty
   Individuals, including complainants, respondents, and witnesses, who have made a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing regarding incidents of sexual harassment or sexual violence generally will not be issued citations by campus law enforcement or subject to disciplinary sanctions for alcohol violations 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 https://www.doj.state.wi.us/sites/default/files/ocvs/act279/Sexual%20Assault%20Victim%20Amnesty%20What%20You%20Should%20Know.pdf.)

3. Confidentiality

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.

4. Resources and Supportive Measures
   1. University Measures
      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.
   2. Resources
      The University offers a variety of resources that are available to individuals involved in incidents of sexual violence or sexual harassment, including the following

​​​​​​Campus Confidential Medical Resources                               

UW-Platteville Main Campus

Student Health Services 608.342.1891 2nd floor Royce Hall

​​​​Off-Campus Confidential Medical Resources

UW-Platteville Main Campus	UW-Platteville Baraboo Sauk County
Southwest Health Center  608.342.4730 1400 Eastside Rd, Platteville, WI 53818 Neighborhood Health Partners 608.348.9766 5 West Mineral St, Platteville, WI	SSM Health Dean Medical Group 608.355.3800 1700 Tuttle St. Baraboo, WI 53913 Sauk Prairie Hospital 608.643.3311 260 26th St. Prairie du Sac, WI 53578 St. Clare Hospital 608.356.1400 707 14th St. Baraboo, WI 53913

Off-Campus Confidential Counseling/Advocacy Resources

UW-Platteville Main Campus	UW-Platteville Baraboo Sauk County
Family Advocates 24/7 Hotline, 800.924.2624 250 N Court, Platteville, WI 53818 Riverview Center Iowa Sexual Assault Hotline, 888.557.0310 2600 Dodge St, Dubuque, IA 52003	Hope House 24/7 Hotline, 608.356.7500 720 Ash St. Baraboo, WI 53913

Confidential Counseling/Advocacy Resources

UW-Platteville Main Campus	UW-Platteville Baraboo Sauk County
University Counseling Services 608.342.1865 2nd floor Royce Hall	Counseling Services 608.355.5272 215 Lange Student Center

Campus Reporting Resources

UW-Platteville Main Campus	UW-Platteville Baraboo Sauk County
Dean of Students Office 608.342.1854 1300 Ullsvik Hall Human Resources 608.342.1176 2300 Ullsvik Hall University Police 608.342.1584 1st floor Brigham Hall	Dean of Students Office 608.342.1854 208 Lange Student Center

Campus Resources

UW-Platteville Main Campus

UW-Platteville Baraboo Sauk County

Academic Support Programs 608.342.1081 7th floor Pioneer Tower (Academic Support) Doyle Center for Gender & Sexuality 608.342.1453 1st floor of Warner Hall Financial Aid 608.342.1836 2nd floor of Brigham Hall International Programs 608.342.1726 326 Warner Hall (Visa & Immigration assistance) Registrar’s Office 608.342.1321  1st floor Brigham Hall (Class accommodations) Residence Life  608.342.1845 1300 Ullsvik Hall (Housing accommodations)

Student Services Office 608.355.5260 Lange Student Center, L-206 1006 Connie Road Baraboo, WI 53913   The Villas Residence Hall  608.448.4199 1020 Connie Road Baraboo, WI 53913

5. Procedures
   1. University 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. 
         UWS Chapter 17 – Student Nonacademic Disciplinary Procedures
          
      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.
         UWS Chapter 4 – Procedures for Dismissal
         UWS Chapter 6 – Complaints and Grievances
         UWS Chapter 7 – Dismissal of Faculty in Special Cases
          
      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.
         UWS Chapter 11 – Dismissal of Academic Staff for Cause
         UWS Chapter 13 – Complaints and Grievances
          
      4. When a report is made to the Title IX Coordinator alleging that any other University employee who does not fall into any of the above categories has engaged in an act of sexual violence or sexual harassment, the procedures outlined in Appendix C of Interim Regent Policy 14-2 apply.
          
   2. Title IX Misconduct Informal Resolution Procedures
      At any time prior to reaching a determination regarding responsibility for Title IX misconduct, the University may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the University:
      1. Provides to the parties a written notice disclosing:
         1. the allegations
         2. the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, at any time prior to agreeing to a resolution
         3. any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint
         4. any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared
      2. Obtains the parties’ voluntary, written consent to the informal resolution process
      3. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
         
         The University may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of Title IX misconduct. Similarly, the University may not require the 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.
          
   3. Law Enforcement Procedures
      For assistance on how to file a police report with law enforcement, you can contact the following resources: 
      1. UW-Platteville Title IX Coordinator, 608.342.7133
      2. University Counseling Services, 608.342.1865
      3. Advocate Services
         1. Family Advocates, (Platteville) 800.924.2624
         2. Hope House, (Baraboo) 608.356.7500
      4. Law Enforcement
         1. UW-Platteville Police, 608.342.1584
         2. City of Platteville Police, 608.348.2313
         3. Baraboo Police Department, 608.355.2720
         4. Sauk County Sheriff’s Office, 608.356.4895

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

6. Prompt Resolution

The offices and individuals receiving a report of sexual violence or harassment will endeavor to resolve the matter in a timely manner, with consideration of available information and context.  Consistent and regular communication will be offered to both the complainant and respondent throughout the process.

1. Potential Sanctions.  The procedures identified above provide for disciplinary action against staff members and students who are found responsible for violating University policy. For students, such sanctions include those listed in UWS 17.  Employee sanctions may include measures that range from a written reprimand through dismissal.  Vendors and guests may be subject to other sanctions.
2. Notice of Outcome. Both the complainant and the respondent will be provided with notice of the outcome of the final resolution.

7. Prohibition Against Retaliation

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)

8. False Information​​​

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

4. 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.

All Title IX personnel, including the Title IX Coordinator, any investigator, any decision-maker, and any person who facilitates an informal resolution, shall receive training on the definitions of sexual violence and sexual harassment, scope of the institution’s program or activity, how to conduct an investigation and grievance process, how to serve impartially, and how to avoid conflicts of interest and bias. 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.

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.
 

5. RECORD-KEEPING AND DATA COLLECTION
   
   The Title IX Coordinator and Dean of Students Office will maintain records of reports of sexual violence and sexual harassment consistent with the institutional records-retention policy. In addition, the Dean of Students Office and Human Resources 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. The UW-Platteville Police Department or other appropriate offices will collect, maintain, and submit the Annual Security Report, consistent with the federal Clery Act. The Dean of Students Office will collect appropriate data and compile the state report required under S. 36.11(22), Wis. Stats.
    

6. ASSESSMENT
   
   The University will conduct periodic studies that seek 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 three years.  All students and employees are encouraged to participate.  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 violence and harassment prevention and awareness programs to measure whether they are achieving the intended outcomes.

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CONTACTS

Those designated to receive questions and feedback on the policy.

Subject	Contact	Phone	Fax/Email
Policy Owner	Kate Demerse	608.342.1854	demersek@uwplatt.edu
Title IX Coordinator	Amy Kasper	608.342.7133	kasperam@uwplatt.edu

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RPD 14-2 Appendix A:  Policy for Investigation and Resolution of Formal Title IX Complaints Against University Employees Other Than Faculty and Academic Staff

Application of this policy.

This policy applies to the investigation and resolution of formal Title IX complaints filed against University employees other than faculty and academic staff employees. This includes employees who otherwise do not have the right to a formal disciplinary process.

The disciplinary process in Chapter UWS 4 applies to faculty employees and the process in Chapter UWS 11 applies to academic staff employees. The University may discipline an employee up to and including dismissal for cause for Title IX misconduct. The disciplinary process for employee sexual misconduct that is outside the scope of Title IX, and related definitions, are found in separate university policies.

The disciplinary procedure in this policy for Title IX misconduct will be used only when all of the following requirements are met:

1. There is a formal complaint alleging Title IX misconduct on the basis of sex.
2. The conduct occurred in the United States.
3. The conduct occurred within the University’s education programs or activities.
4. The complainant must be participating in or attempting to participate in the education program or activity of the University at the time of filing the formal Title IX complaint.
5. The complainant or Title IX coordinator have submitted a written formal Title IX complaint.

The employee 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 disciplinary process. The University may dismiss or discipline an employee for Title IX misconduct only after due notice and hearing. The burden of proof is on the University administration.
 

Definitions. 
As used in this policy, the following terms shall have the meaning given below:

1. “Complainant" means any individual who is alleged to be the subject of Title IX misconduct, as defined in this section.
2. “Consent” means 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 definition of sexual assault. A person is unable to give consent if the person is incapacitated because of drugs, alcohol, physical or intellectual disability, or unconsciousness.
3. “Consult" or “consulting" means thoroughly reviewing and discussing the relevant facts and discretionary issues.
4. “Dating violence" means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
5. “Domestic violence" means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Wisconsin. (See ss. 813.12(1)(am) and 968.075).
6. “Education program or activity” means, for purposes of Title IX misconduct only, locations, events, or circumstances at which the University exercised substantial control over both the respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the University.
7. “Formal complaint” is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against an employee and requesting that the University investigate the allegations. At the time of filing of the formal 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 electronic mail, or any other method designated by the University. A formal complaint must include a physical or digital signature of the complainant or the Title IX Coordinator.
8. “Incapacitation” means 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; and 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.
9. “Preponderance of the evidence" means information that would persuade a reasonable person that a proposition is more probably true than not. It is a lower standard of proof than “clear and convincing evidence."
10. “Respondent” means an individual who has been reported to be the perpetrator of Title IX misconduct as defined in this section.
11. “Sexual assault" means an offense that meets the definition of rape, fondling, incest, or statutory rape as defined below. [20 U.S.C. 1092(f)(6)(A)(v), 34 CFR 668.46(a).]
12. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of the complainant, without the consent of the complainant.
13. Fondling: The touching of the private body parts of the complainant for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
14. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law (See s. 944.06, Stats.) 
15. Statutory Rape: Sexual intercourse with a complainant who is under the statutory age of consent (See s. 948.02, Stats.)
12. “Sexual harassment" means conduct on the basis of sex that satisfies one or more of the following:
13. 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
14. 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.
13. “Stalking" means engaging in a course of conduct directed at the complainant that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.
14. “Title IX misconduct” means sexual harassment, sexual assault, stalking, dating violence, and /or domestic violence.

Disciplinary Sanctions. 

The disciplinary sanctions that may be imposed for misconduct under this policy range from a written reprimand through dismissal.

Dismissal of Formal Complaint and Related Appeal. 

1. The University shall dismiss a formal Title IX complaint consisting of allegations that meet any of the following conditions:
   1. The alleged conduct would not constitute Title IX misconduct if proved.
   2. The alleged conduct did not occur in a University education program or activity.
   3. The alleged conduct did not involve actions against someone physically located in the United States.
2. The University may dismiss a formal complaint under any of the following conditions:
3. The complainant formally requests in writing to withdraw the formal Title IX complaint.
4. The employee is no longer employed at the University.
5. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination on the allegations contained in the formal Title IX complaint.
3. The University generally shall decide whether to dismiss a formal Title IX complaint within thirty (30) days of receipt of the formal complaint, but the University may extend that timeline as necessary.  If a formal complaint is dismissed, the University shall provide written notice of the dismissal and reasons therefore to the employee and complainant in writing.
4. Within twenty days of receipt of the notice of dismissal, the complainant or respondent may appeal the dismissal by filing a written appeal with the chancellor’s designee (hereinafter “chancellor’s designee”). The complainant or employee may appeal on any of the following bases:
   1. Procedural irregularity that affected the outcome of the matter.
   2. New evidence that was not reasonably available at the time of the dismissal that could affect the outcome of the matter.
   3. The University employee making the dismissal decision had a conflict of interest or bias for the employee or against the complainant, or against complainants generally, that affected the dismissal decision.
5. The chancellor’s designee shall provide the employee and complainant the opportunity to provide a written statement supporting or challenging the dismissal.  The chancellor’s designee shall simultaneously issue a decision to the complainant and the employee within 30 days of receipt of a written appeal.  The chancellor’s designee’s decision on the appeal of the dismissal shall be final.
6. Dismissal of a Title IX formal complaint does not preclude the university from otherwise pursuing conduct charges against the respondent under other university policies.

Investigation.

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

Review of evidence.

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

Final Investigative Report.

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

The University shall, upon receipt 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.

Hearing Examiner or Hearing Committee. 

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

Adequate Due Process.

1. A fair hearing for an employee against whom dismissal or other discipline is sought shall include all of the following:
2. Service of written notice of a live hearing on the allegations in the formal complaint at least ten (10) days prior to the hearing.
3. A right to the names of witnesses and of access to documentary and other evidence upon the basis of which dismissal or other discipline.
4. A right for the complainant and employee to be heard on their own behalf.
5. A right to an advisor, counsel, or other representatives, and to offer witnesses. The employee’s or complainant’s advisor or counsel may ask all witnesses relevant questions and follow-up questions, including those challenging credibility. Credibility determinations, however, may not be made based on a person’s status as a complainant, respondent, or witness.  If the employee does not have an advisor, the University shall provide the employee, without charge, an advisor of the University’s choice to conduct cross-examination on behalf of the employee. The advisor may be an attorney.
6. A right to confront and cross-examine adverse witnesses. Cross examination must be conducted directly, orally, and in real time.  The employee and the complainant may not be permitted to personally conduct cross-examination. If the employee, complainant, or a witness does not submit to cross-examination at the hearing, the hearing examiner or hearing committee must not rely on any statement of the employee, complainant, or witness in reaching its findings and recommendations. However, the hearing examiner or hearing committee may not draw a negative inference in reaching its findings and recommendations based solely on the absence of an employee, complainant, or witness from the hearing or refusal to answer cross-examination or other question.
7. A verbatim record of all hearings, which might be a sound recording, made available at no cost for inspection and review.
8. Written findings of fact and recommendations based on the hearing record. The written findings of fact and recommendations must include:
   1. Identification of the allegations potentially constituting Title IX misconduct.
   2. A description of the procedural steps taken from the receipt of the formal complaint through the hearing committee’s or hearing examiner’s decision, including any notification to the employee and the complainant, interviews with the employee, the complainant, and witnesses, site visits, methods used to gather evidence, and hearings held.
   3. Conclusions regarding the application of the University’s conduct rules and policies to the facts including the following: a determination regarding responsibility for each allegation and the rationale behind each decision, any disciplinary sanction recommended to be imposed, any remedies recommended to restore or preserve equal access to the University’s educational program or activity, and the University’s procedures and permissible bases for complainant and employee to appeal.
9. Admissibility of evidence governed by s. 227.45 (1) to (4), Stats. Only relevant questions may be asked of the employee, complainant, and any witnesses.  The hearing committee or hearing examiner shall determine whether a question is relevant and explain the decision to exclude a question as not relevant. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions or evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or unless the questions or evidence concern specific incidents of the complainant’s prior sexual behavior with the respondent and are offered to prove consent.
10. Upon the complainant’s or respondent’s request, the University shall provide for hearing to occur with the complainant and respondent located in separate rooms with technology enabling all participants to simultaneously see and hear witnesses answering questions.
    2. The complainant shall have all the rights provided to the employee in sub. (1)(a) to (i).

Procedural Guarantees. 

1. Any hearing held shall comply with the requirements set forth in the preceding section.  All of the following requirements shall also be observed:
   1. The burden of proof of the existence of just cause to support dismissal, or of grounds to support other discipline, is on the University administration.
   2. The standard of proof shall be a preponderance of the evidence.
2. No employee who participated in the investigation of allegations leading to the filing of a statement of charges, or who participated in the filing of a statement of charges, or who is a material witness, shall be qualified to sit on the hearing committee in that case.
3. No University employee or other person who participated in the investigation of allegations leading to the filing of a statement of charges, or who participated in the filing of a statement of charges, or who is a material witness, shall be qualified to serve as the hearing examiner in that case.
4. The hearing shall be closed unless the employee requests an open hearing; in which case it shall be open.  Note: See subch. V of ch. 19, Stats., Open Meetings of Governmental Bodies.
5. The hearing committee may, on motion of the complainant or employee, disqualify any one of its members for cause by a majority vote.  If one or more of the hearing committee members disqualify themselves or are disqualified, the remaining members may select a number of other members of employees equal to the number who have been disqualified to serve, except that alternative methods of replacement may be specified in the rules and procedures.
6. The hearing committee or the hearing examiner may not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges unless the person holding the privilege has waived it.  The hearing committee or the hearing examiner shall follow the evidentiary rules outlined in this appendix.
7. If the hearing committee request, the chancellor shall provide legal counsel after consulting with the hearing committee concerning its wishes in this regard.  The function of legal counsel shall be to advice the hearing committee, consult with them on legal matters, and such other responsibilities as shall be determined by the hearing committee within the provisions of the rules and procedures.
8. Nothing in this section shall prevent the settlement of cases by mutual agreement between the University administration, the complainant, and the employee.
9. Delay or adjournment of the hearing for good cause may be granted. Good cause includes any of the following:
   1. The need to investigate evidence as to which a valid claim of surprise is made.
   2. To ensure the presence of the employee or the complainant, an advisor, or a witness.
   3. To provide language assistance or accommodation of disabilities
   4. To accommodate concurrent law enforcement activity.

Hearing Examiner’s or Hearing Committee’s Findings and Recommendations to the Chancellor’s Designee.

The hearing examiner or hearing committee shall simultaneously send to the chancellor’s designee, to the complainant, and to the employee concerned, within thirty (30) days after conclusion of the hearing, or otherwise as soon as practicable, a verbatim record of the testimony and a copy of its factual findings and recommendations.

Chancellor’s Designee’s Decision. 

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

Appeal to Chancellor. 

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

Chancellor’s Decision.

1. After reviewing the matter on record and considering any arguments submitted by parties, the chancellor shall issue a decision.  The chancellor may adopt the hearing committee or hearing examiner’s findings and recommendations as the chancellor’s decision.  The chancellor shall explain in the decision any substantial differences from those findings and recommendations.  If the chancellor’s proposed decision differs substantially from those recommendations, the chancellor shall promptly consult the hearing committee or the hearing examiner and provide the committee or the hearing examiner with a reasonable opportunity for a written response prior to making a decision.  In that decision, the chancellor may order dismissal of the employee, may impose a lesser disciplinary action, or may find in favor of the employee.  The employee shall be notified of the chancellor’s decision in writing.  The complainant shall be notified of the chancellor’s decision at the same time as the employee.  This decision shall be deemed final unless the Board of Regents for the University of Wisconsin System (“board”), upon request of the employee or complainant, grants review based on the record.
2. The chancellor’s decision shall be based on the record created before the hearing committee or hearing examiner, and the chancellor shall include the chancellor’s rationale in the decision.  The chancellor decision shall be simultaneously sent to the employee concerned, the complainant, and to the hearing committee or the hearing examiner within 45 days of the chancellor’s receipt of the hearing committee’s or hearing examiner’s materials.  A decision be the chancellor ordering dismissal shall specify the effective date of the dismissal.
    

Appeal to the Board of Regents of dismissal of University staff respondent.

1. In matters where a University staff member is the respondent, the University staff member or complainant may file an appeal of the chancellor’s decision to dismiss the staff member to the board.  Any appeal must be made within 30 days of the date of the decision of the chancellor to dismiss.  The board shall provide the University staff member and the complainant an opportunity for filing written exceptions to the chancellor’s decision, and for oral arguments, unless the University staff members and the complainant waive in writing the right to file exceptions and for oral arguments.  The hearing of any oral arguments shall be closed unless the University staff member or the complainant request an open hearing.
2. The University staff member or complainant may file exceptions to the chancellor’s decision, and the board shall conduct its review of the chancellor’s decision, on any of the following bases:
   1. Procedural irregularity that affected the outcome of the matter
   2. New evidence that was not reasonably available at the time of the live hearing that could affect the outcome of the matter.
   3. The Title IX coordinator, investigator(s), chancellor’s designee, or the hearing examiner or hearing committee had a conflict of interest or bias for or against the employee or complainant, or against complainants and respondents generally, that affected the outcome.
3. If the board decides to take action different from the decision of the chancellor, then before taking final action the board shall consult with the chancellor.
4. The board shall make its decision based on the record created before the hearing committee or hearing examiner.  Within 60 days of receipt of the chancellor’s decision, or otherwise as soon as practicable, the board shall simultaneously notify the University staff member and the complainant of the board’s final decision, which shall include the board’s rationale for its decision.
5. A decision by the board ordering dismissal of a University staff member shall specify the effective  date of dismissal.
    

Administrative Leave. 

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

Q: Does the UW-Platteville Sexual Violence and Sexual Harassment Policy apply to all three UW-Platteville campuses?

A: Yes, the UW-Platteville Sexual Violence and Sexual Harassment Policy, and all policies referenced within, are applicable to all three UW-Platteville campuses.

Q: Am I a Responsible Employee?

A: It depends on your working title and the campus you work on. Per page 4 of this policy, here is how UW-Platteville defines responsible employees:

UW-Platteville’s main campus has designated individuals with the following working titles as “responsible employees":

• Title IX Coordinator and Deputy Title IX Coordinators
• The Chancellor, Vice Chancellors, Assistant Chancellors, and Assistant Vice Chancellors
• Dean of Students & Assistant Dean of Students
• Chief of Police, Sergeant, Officers, Police Program Assistants, & University Resource Officers
• Director of Residence Life, Associate Director of Residence Life, Assistant Director of Residence Life, Resident Directors, Senior Assistants, & Resident Assistants
• Director of Human Resources
• College Deans, Associate Deans, and Assistant Deans
• Coaches, Assistant Coaches, Athletic Director, Assistant Athletic Director

UW-Platteville Baraboo Sauk County has designated individuals with the following titles as “responsible employees":

• Academic Advisor
• Administrative Assistant
• Administrative Manager
• Assistant Dean
• Business Development Officer
• Coach
• Learning Center Coordinator
• Lecturer (Assistant, Associate, Senior)
• Librarian
• Library Assistant
• Professor (Assistant, Associate)
• Public Relations Specialist
• Residence Life Staff (Community Manager, Resident Assistant)
• Student Activities Coordinator
• User Support Specialist

An employee’s obligations as a Responsible Employee are determined by the campus on which they receive the report of sexual violence.  For example, if a faculty member is teaching a course on the main campus and receives a report of sexual violence, they are not a responsible employee and not required to report this information.  However, if that same faculty is also teaching on a branch campus and receives a report of sexual violence while on that campus, under this policy, they are a responsible employee and requires to report this information through the Sexual Violence & Sexual Harassment Reporting Form.

Q: What is the difference between reporting sexual misconduct to the University and reporting sexual misconduct to law enforcement?

A: A complainant may file a report with either the University or, for possible criminal misconduct, the appropriate law enforcement agency (e.g., University Police, 608.342.1584; Platteville City Police, 608.348.2313; Baraboo Police Department, 608.355.2720), or both.  At the student's request, trained staff will provide assistance in notifying the police.
A law enforcement agency is responsible for investigating criminal activity; the Dean of Students Office is charged with investigating reports of violations of University policy involving student respondents; Human Resources is charged with investigating violations of University policy involving employee respondents. Where reports are made to both police and the Dean of Students Office, there may be concurrent investigations, even if the police report results in a criminal prosecution. 

Q: What do the terms “complainant” and “respondent” mean?

A: Complainant means the person bringing forward the incident, other terms you might see in other materials would include victim, accuser, and survivor. Respondent means the person named by the complainant for causing the incident.  Other terms might include alleged assailant, accused, and perpetrator.

Q: Can I have someone accompany me throughout this process?

A: Yes, both parties are permitted to have an advisor/advocate accompany them to all meetings and hearings throughout the process.

Q: I am a student employee and designated a Responsible Employee but would like to attend the Sexual Assault Support Group on the main campus.  Can I attend this without being mandated to report the information learned in this group?

A: Yes, the Title IX Coordinator of the University has created an exception to the reporting obligations of their Responsible Employees status while they are attending the Sexual Assault Support Group on campus.  While in attendance at this group, they are not operating in the capacity of their employment and thus are not bound by their reporting obligations. 

Q: If I file a formal Title IX complaint, may I withdraw my complaint at any time throughout the process?

A: Yes.  However, per UW-Platteville policies, a formal Title IX complainant may be withdrawn in writing to the Title IX Coordinator.  Once withdrawn, a complainant may not reopen a formal Title IX complaint on the same matter.

Q: What is within the scope of a Settlement Agreement (UWS 17.156)?

A:  In cases includes sexual misconduct, a Settlement Agreement may be entered at any point after the notice of investigation has been issued but prior to any finding of responsibility.  Settlement Agreements must be voluntarily entered into by both the complainant and the respondent, and only apply to student misconduct cases.  Because a Settlement Agreement occurs prior to a finding a responsibility, it cannot include any actions that would be seen as disciplinary in nature.  Disciplinary Sanctions include 17.085 (1) (a) – (j).  Upon mutual, voluntary signature of a Settlement Agreement, the case is concluded and cannot be reopened for adjudication.

Q: Does domestic violence include violence between roommates?

A: Yes, the state of Wisconsin has defined domestic violence to include violence between two roommates, even if they have not engaged in a romantic relationship.

Q: What support resources are available for respondents?

A:  Being accused of sexual misconduct can be a difficult experience. The University provides a number of supports to respondents to help them manage during and after the disciplinary process. These include counseling available through the University, the Title IX Coordinator, community resources, academic accommodations, and housing accommodations, as appropriate.

Q: What sanctions for students may be imposed for violations of the University’s Sexual Violence and Sexual Harassment Policy?

A: Sanctions for a finding of responsibility are the same as any other University infraction, including expulsion, suspension, disciplinary probation, recommended counseling, and educational sanctions such as community service, readings, and papers.  The sanction will vary depending on such factors as the nature of the conduct, prior disciplinary history, acceptance of responsibility, precedent, the complainant's perspective, and the University's interest in providing a safe environment for all.

Q: After a report is filed, are there any interim measures that can be issued to support a complainant and/or respondent before the hearing?

A: Yes. The University will provide reporting parties with written notification of their options for available assistance both within the University and in the community, and will comply with a reasonable request for interim measures.  Examples of supportive measures include “no contact” orders (see below), options to change academic classes (i.e., to not be in the same class), changing residence halls (i.e., to not be in the same residence hall), and other academic support as needed. The Dean of Students Office can arrange for such measures, and will take steps to ensure that only that information necessary to provide the interim measures is disclosed.  In deciding which measures to provide, they will consider such factors as the specific need expressed by the complainant; the age of the students involved; the severity, persistence, or pervasiveness of the allegations; any continuing effects on the complainant; whether the complainant and alleged perpetrator share the same residence hall, dining hall, class, transportation, or job location; and, whether judicial measures have been taken to protect either party (e.g., civil protection orders).

Q: What are “no contact” orders?

A: “No contact” orders are not disciplinary in nature; they do not create or appear on a student’s disciplinary record. They are measures put in place to provide physical and digital distance between complainants and respondents. A “no contact” order instructs both parties not to have any physical contact or communication. They are to have no contact by telephone, in writing, by email, through web pages, or through any other means, including third parties. "No contact" orders apply to contact through all forms of social media, including where one party "likes" the other party's Facebook status, retweets the other party's tweet on Twitter; "favorites" the other party's post on Twitter, "likes" the other party's Instagram post, and views the other party's story on Snapchat.  Violation of a “no contact” order may result in immediate removal from campus and disciplinary action.

UWS Chapter 17 – Student Nonacademic Disciplinary Procedures
UWS Chapter 4 – Procedures for Dismissal

UWS Chapter 6 – Complaints and Grievances

UWS Chapter 7 – Dismissal of Faculty in Special Cases

UWS Chapter 11 – Dismissal of Academic Staff for Cause

UWS Chapter 13 – Complaints and Grievances

University Personnel Systems

Policy originally approved 2018
Policy amended August 2019
Policy amended August 2020
Policy amended August 2022