See full policy here: INTERIM GEN 1.2.5 Sexual Misconduct Policy Updated 7-2021

POLICY STATEMENT

The mission of University of Wisconsin Oshkosh is to provide a teaching, learning, and working environment in which faculty, staff, and students can discover, examine critically, preserve, and transmit the knowledge, wisdom, and values that will improve quality of life for all. To promote these institutional values, UW Oshkosh is committed to creating and maintaining a community environment that is free from sexual misconduct, including but not limited to, sexual assault, sexual exploitation, sexual harassment, stalking, and dating and domestic violence.

PURPOSE AND SCOPE OF POLICY

This policy prohibits acts of sexual misconduct on university property, at university-sanctioned or university-affiliated events, and where off-campus conduct affects a member of the university community. The University is committed to educating its community and to promptly and effectively responding to and redressing conduct that violates this policy. This policy provides the UW Oshkosh community with information and resources to identify, report, and respond to sexual misconduct including, sexual assault, sexual exploitation, sexual harassment, stalking, and dating and domestic violence. These efforts support the overall missions of UW Oshkosh and the UW System.

This policy is in compliance with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. This policy is also consistent with the regulations related to the Violence Against Women Act (VAWA), the Jeanne Clery Act, relevant state code provisions regarding the enforcement of sexual misconduct disciplinary procedures (See Chapters UWS 4, 7, 11, and 17) as well as other state and federal laws.

This policy applies to:

1. University sponsored and supported activities held both on and off campus, including those held in other municipalities, states, and nations.
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.
   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.

PROCEDURES

1. University Procedures:

1. 1. When a report is made to the Title IX Coordinator alleging that a student has engaged in an act of sexual misconduct, the procedures linked here apply.  UWS 17 Wis. Admin. Code.
   2. When a report is made to the Title IX Coordinator alleging that a faculty member has engaged in an act of sexual misconduct, the procedures linked here apply. UWS 4 and UWS 7, Wis. Admin. Code and UWS 6, Wis. Admin. Code.
   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 misconduct, the procedures linked here apply.  UWS 11 and UWS 13, Wis. Admin. Code.
   4. When a report is made to the Title IX Coordinator alleging that a member of the university staff has engaged in an act of sexual misconduct, the procedures linked here apply.  Appendix C.
   5. 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 misconduct, the procedures linked here apply.  Appendix C.

UWO Discrimination, Discriminatory Harassment and Retaliation Policy GEN 1.2.(4)

Policy Statement

The University of Wisconsin Oshkosh subscribes to the policy of the Board of Regents of the University of Wisconsin System that discrimination, discriminatory harassment and retaliation toward students, employees, officials, and guests at the University of Wisconsin Oshkosh will not be tolerated.

(a)   Discrimination, discriminatory harassment, discriminatory attitudes, and expressions that reflect discrimination are inconsistent with the efforts of the University of Wisconsin Oshkosh to foster an environment of respect for the dignity and worth of all members of the University community and to eliminate all manifestations of discrimination within the University.

(b)   Toward this end, the University of Wisconsin Oshkosh, is therefore committed to the elimination of discrimination and harassment.

(c)   Faculty, academic staff, university staff, students, student organizations, academic departments, colleges, governance organizations, and other university offices, are encouraged to undertake educational programs and other efforts consistent with this policy.

(d)   Because the protected status categories applicable to the educational setting are different than the employment setting, Regent Policy Document 14-6 separates the categories accordingly. In the educational setting, a student may not be discriminated against on the basis of race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, age, pregnancy, marital or parental status, or any other category protected by law. This policy protects students from discrimination, discriminatory harassment and retaliation in admission and enrollment, educational environment, course work, student services, programs, activities, and facilities.

UWO Consensual Relationship Policy GEN 1.2.(7)

The purpose of this policy is to ensure that the employment and academic environment is free from real or perceived conflicts of interest when UW employees, students, and affiliated individuals, in positions of unequal power, are involved in consensual romantic or sexual relationships.

Responsible Employees

UW Oshkosh has designated individuals with the following titles as “Responsible Employees” under the Sexual Violence & Sexual Harassment policy:

• All UWO employees other than designated UWO Confidential Resources.

Responsible Employees are not necessarily “Officials with Authority” to institute corrective measures on behalf of the University. These individuals should be properly trained to do the following:

1. Be familiar with definitions of sexual misconduct and how to report student disclosures to the University/   Title IX Coordinator. See the Report and Terms & Definitions pages for more information.
2. Be familiar with the Sexual Violence & Sexual Harassment Policy GEN 1.2(5) and other related policies. See the section above.
3. Be prepared to respond should an individual disclose or report an incident of sexual misconduct. See the employee resources in the RAPID Canvas training.
4. Be familiar with resources on campus to refer an individual who discloses sexual misconduct. See the Support page for more information on UWO and community confidential resources.

Officials with Authority

UW Oshkosh has designated individuals with the following titles 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.

• Chancellor or designee
• All Vice Chancellors
• Title IX Coordinator
• Title IX Deputies
• Director, Equal Opportunity, Equity & Affirmative Action
• UWO Police
• Associate Vice Chancellor, Human Resources
• Associate Vice Chancellor, Student Affairs
• Associate Director, Athletics
• Dean of Students
• Associate Dean of Students

All Employees

Regardless of whether they are a “Responsible Employee” or an “Official with Authority,” all employees are required to comply with the following reporting obligations.

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

All employees must comply with Executive Order 54 which requires that university employees report incidents of child abuse and neglect which they observe or learn of in the course of their employment. Such reports must be personally and immediately made to law enforcement or the county department of social services or human services. [https://docs.legis.wisconsin.gov/code/executive_orders/2011_scott_walker/2011-54.pdf].

The term “mandatory reporting” refers to incidents of child abuse. All UWO employees, including student employees and graduate employees, have a duty to make a report to the Wisconsin Department of Human Services or a law enforcement agency when there is reasonable cause to believe any child (any person under the age of 18) with whom the employee comes in contact has suffered abuse or that any person with whom the employee comes in contact has abused a child. The duty of employees of public universities to report incidents of child abuse applies at all times, not just to those incidents occurring during working hours or on campus.

To report child abuse or neglect of any child or adult contact the WI Department of Children & Families for more information. UWO employees may also report to the UWO Police Department. Students who are not employees are not mandatory reporters of child abuse unless their work outside of the university involves one of the professions mandated in the law as a mandatory reporter, such as childcare worker or psychologist/professional counselor or therapist.

All members of the UWO community are encouraged to report all other forms of discrimination and harassment to the EOEAA office.

Confidential Resources

“Confidential Employees”, described below, are only required to report the occurrence of the sexual assault without any personally identifying information about the complainant or respondent.

UWO Campus Victim/Survivor Advocates
Reeve Union, 102L
(920) 424-2024
advocate@uwosh.edu
https://uwosh.edu/wellness/prevention/

 

UWO Student Health Center
Radford Hall, 1st Floor
(920) 424-2424

studenthealth@uwosh.edu

https://uwosh.edu/studenthealth/

The confidential resources listed below are exempt from reporting sexual misconduct to the University, although they can assist a victim/survivor in making a report to the University and/or law enforcement when the victim/survivor chooses to do so.

UWO Counseling Center
Student Success Center, Suite 240
(920) 424-2061

https://uwosh.edu/counseling/

 

Confidential Resources for UWO Employees

Employee Assistance Program – FEI
https://uwosh.edu/hr/employee-assistance-program/

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, otherwise known as the Clery Act requires institutions of higher education to comply with certain campus safety and security related requirements as a condition of their participation in the Title IV, Higher Education Act programs. The Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. L. 113-4). This act includes three parts:

Campus Crime Data

The Jeanne Clery Act requires all colleges and universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety as well as inform the public of crime in or around campus. This information is made publicly accessible through the university’s Annual Security Report.

Clery crimes include the following: arson, aggravated assault, drug and alcohol violations, burglary, hate crimes, homicide, vehicle theft, robbery, sex offenses, stalking, dating violence, domestic violence, and weapons violations. To report a Clery crime anonymously or not anonymously, any party can use this form, Clery Reporting Form.

Support for Victims

Under the Act, institutions must provide survivors of sexual assault, domestic violence, dating violence, and stalking with options such as changes to academic, transportation, living or working situations, and assistance in notifying local law enforcement, if the student or employee chooses to do so. It also provides both parties in a campus disciplinary process rights and protections.

Rights and Resources Victim Survivor Oshkosh Campus (PDF)

Rights and Resources Victim Survivor FDL Campus (PDF)

Rights and Resources Victim Survivor Fox Cities Campus (PDF)

Policies and Procedures

Colleges and universities must outline specific policies and procedures within their Annual Security Reports, including those related to disseminating timely warnings and emergency notifications, options for survivors of sexual assault, domestic violence, dating violence, and stalking, and campus crime reporting processes.

Please see the UWO Police Department’s website, Clery & Safety tab for more information, https://uwosh.edu/police

• RPD 14-3, “Equal Opportunities in Education: Elimination of Discrimination Based on Gender”
• RPD 14-6, “Discrimination, Harassment, and Retaliation”
• RPD 14-8, “Consensual Relationships”
• Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.; 34 C.F.R. Part 106)
• 36.11(22), Wis. Stats., Orientation Program; Information on Sexual Assault and Harassment
• Violence Against Women Act (1994) 42 U.S.C. §§ 1371-14040