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Title IX Statement
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance.
Title IX covers a variety of sexual misconduct and is defined under the general term of sexual harassment. Sexual misconduct is the umbrella term for all prohibited sex and gender-based discrimination, sexual harassment, or sexual/domestic/dating violence at UWO, including Title IX sexual harassment and non-Title IX sexual misconduct. Sexual misconduct can have the effect of denying individuals equal access to, and benefit from, UWO programs and activities. All sexual misconduct is prohibited under Title IX and University of Wisconsin Oshkosh Policy.
UWO Sexual Violence and Sexual Harassment Policy GEN 1.2.(5)
The mission of University of Wisconsin-Oshkosh (UWO) 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, UWO is committed to creating and maintaining a community environment that is free from sexual violence and sexual harassment.
Purpose and Scope of Policy
This policy prohibits acts of sexual violence and sexual harassment on University property, at University-sanctioned or University-affiliated events, and where off-campus conduct affects a member of the University community. 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 UWO community with information and resources to identify, report, and respond to sexual violence and sexual harassment including sexual assault, sexual exploitation, stalking, and dating and domestic violence. These efforts support the overall missions of UWO and the UW System.
This policy applies to:
University sponsored and supported activities held both on and off campus, including those held in other municipalities, states, and nations.
All students while they are on campus or if their off-campus conduct meets any of the following criteria:
- The conduct constitutes or would constitute a serious criminal offense, regardless of the existence of any criminal proceedings.
- The conduct indicates that the student presented or may present a danger or threat to the health or safety of self or others.
- The conduct demonstrates a pattern of behavior that seriously impairs the University’s ability to fulfill its teaching, research, or public service missions.
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.
- When a report is made to the Title IX Coordinator or a Title IX Deputy alleging that a student has engaged in an act of sexual misconduct or sexual harassment, the procedures linked here apply, Emergency Rule Chapter UWS 17, Wis. Admin. Code.
- When a report is made to the Title IX Coordinator alleging that a faculty member has engaged in an act of sexual misconduct or sexual harassment, the procedures linked here apply, Emergency Rule Chapters UWS 4 and UWS 7, Wis. Admin. Code.
- 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 or sexual harassment, the procedures linked here apply, Emergency Rule Chapters UWS 11, Wis. Admin. Code.
- 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 or sexual harassment, the procedures linked here apply, RPD 14-2 Appendix C.
- 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 or sexual harassment, the procedures linked here apply, RPD 14-2 Appendix C.
UWO Discrimination, Discriminatory Harassment and Retaliation Policy GEN 1.2.(4)
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.
All employees of the University have an obligation to report incidents of sexual misconduct to the Title IX Coordinator, a Title IX Deputy, or other campus official with authority. In addition, employees who are designated as “Responsible Employees (RE)” have reporting obligations.
If you are a designated RE and you witness or receive a disclosure of sexual misconduct, including any assault, harassment, or other sexual violence, it is your duty to report the incident. When a responsible employee witnesses or receives a disclosure of sexual misconduct, the University is deemed to be on notice and must take immediate and appropriate steps to respond.
Responsible employees include all employees that interact directly with students, and all employees that students might reasonably believe have some authority to act or who have a duty to report. Though not exhaustive, this includes:
- All instructors, including full-time professors, adjuncts, lecturers, assistant instructors, and any others who offer classroom instruction or office hours to students.
- All advisors
- All faculty advisors to recognized student organizations.
- All coaches, trainers, and other athletic staff that interact directly with students.
- All student affairs administrators.
- All Residence Life staff.
- All University Police and contracted security personnel.
- All employees in a supervisory or management role.
- University officials including but not limited to: Chancellors, Vice Chancellors, Deans, Directors, and department heads.
Reporting does not mean the individual who is impacted by the misconduct will be required to bring a formal complaint or file a report with police or participate in any University investigation or grievance process. Reporting ensures that information regarding resources, assistance, options, and rights and protections is provided. It can also help the University prevent future incidents. Responsible Employees may also be considered Campus Security Authorities (CSAs) for purposes of Clery Act crime reporting. Training is provided to all Responsible Employees and Campus Security Authorities.
Duty to Report
Chapter 36.11 (22), Wisconsin Statutes, requires that “any person employed at [the University] who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution that the student has been sexually assaulted shall report to the dean of students of the institution. The dean of students shall compile reports for the purpose of disseminating statistical information.”
For the University to comply with state law, all University employees are expected to report sexual misconduct to the Title IX Coordinator of the institution.
Employees can report incidents in one of the two ways:
- Speak to the Title IX Coordinator or a Title IX Deputy on their campus.
- Utilize the Reporting Form to make a report about an incident.
All members of the UWO community are encouraged to report all other forms of discrimination and harassment to the EOEAA office.
Mandatory Reporting: Reporting Incidents of Child Abuse
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.
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.
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.
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.
Other Related UW System Regent Policies and Applicable Laws
- 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