Scope

This policy applies to all University of Wisconsin System institutions and programs. This policy covers sexual harassment and sexual violence, including but not limited to sexual harassment, sexual assault, stalking, dating violence, domestic violence, and sexual exploitation.

Purpose

The mission of the University of Wisconsin System and its individual institutions can be realized only if the University’s teaching, learning, research, and service activities occur in living, learning, and working environments that are safe and free from violence, harassment, disruption, and intimidation.  The purpose of this policy is to reflect the Board of Regents’ strong commitment to promoting an environment that is free from sexual violence and sexual harassment.

Policy Statement

It is the policy of the Board of Regents of the University of Wisconsin System to promote an environment free from incidents of sexual violence and sexual harassment.  To address these incidents, the Board of Regents directs UW institutions to adopt policies, practices, and educational programs that serve to prevent, respond to, and redress incidents of sexual violence and sexual harassment.  In addition, this policy directs institutions to identify factors that may contribute to a culture in which incidents of sexual violence and sexual harassment can exist, and to address these issues to advance a safe environment that supports healthy and respectful interactions and relationships.

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. In accordance with these requirements, the University of Wisconsin System is responsible for taking immediate and effective steps to respond to sexual violence and sexual harassment.

Regent Policy Documents 14-6 and 14-10 cover discrimination on the basis of other protected categories.

Oversight, Roles, and Responsibilities

Each Chancellor or designee shall be responsible for implementing institutional procedures consistent with this policy.

Each UW institution is required to adopt a Sexual Violence and Sexual Harassment policy that is widely available and disseminated to all students and employees.  Appendix A provides a template policy for institutions to customize and adopt.  The institutional policy must contain, at a minimum, the following provisions:

  1. Amnesty. A provision to exempt sexual violence or sexual harassment complainants, respondents, and witnesses from receiving citations or being subjected to the student disciplinary process for underage consumption of alcohol under specified circumstances (https://www.doj.state.wi.us/sites/default/files/ocvs/act279/Sexual%20Assault%20Victim%20Amnesty%20What%20You%20Should%20Know.pdf).
  2. Assessment.  A description of the methodology for how the institution will assess the efficacy of its policy and educational efforts undertaken as part of this policy.
  3. Collection of Data.  In accordance with state and federal law, a statement that includes statistics on the number of reports received by employees alleging sexual assault of a student shall be reported in the UW System Sexual Assault Reports consistent with § 36.11(22), Wis. Stats., and the federal Jeanne Clery Act.
  4. Confidentiality.  Identification of employees or affiliates who may maintain in confidence any report of sexual violence or sexual harassment. Limitations or barriers to confidentiality of other employees should be addressed.
  5. Definitions.  Relevant words and phrases used in the policy should be defined consistent with applicable System rules and policies. (Definitions are included in Appendix B):
  6. Education/Training.  Identification of mandatory education and training concerning sexual violence and sexual harassment.
  7. False Information. Information about response and consequences when an individual knowingly makes a material misstatement of fact in connection with a report of sexual violence or sexual harassment. The information should indicate the filing of a complaint that does not result in a finding of prohibited conduct, alone, is not evidence of intent to file a false report.
  8. Informal Resolution. A description of the informal Title IX misconduct resolution process, if offered.
  9. Office for Civil Rights Complaint. A description of how individuals can file a complaint with the U.S. Department of Education, Office for Civil Rights under Title IX.
  10. Official with Authority: Identification of those individuals who are considered officials with authority to institute corrective measures on behalf of the university.
  11. Policy Statement.  A statement expressing the institution’s commitment to promoting an environment free from incidents of sexual violence and sexual harassment.
  12. Procedures. Reference to, or inclusion of, institutional policies governing procedures for reporting allegations of sexual violence and sexual harassment, including information for reporting to campus and local police as well as for filing a formal Title IX complaint.
  13. Prohibition against Retaliation. A statement explicitly prohibiting retaliation as defined in Appendix B.
  14. Prompt Resolution.  Inclusion of language that reflects the institution’s efforts to pursue the prompt resolution of reports of sexual violence and sexual harassment.
  15. Purpose Statement.  A statement that indicates sexual violence and sexual harassment are prohibited and expresses the institution’s commitment to prevent and promptly and effectively respond to and redress incidents of sexual violence and sexual harassment, and states how such actions support the System and institutional missions.
  16. Recordkeeping.  A description of how records of reports of sexual violence and sexual harassment will be maintained.
  17. Reporting Options and Obligations. Identification of employees to whom or offices to which an individual can report an allegation of sexual violence and sexual harassment, including the U.S. Department of Education, Office for Civil Rights; likewise, identification of employees who are obligated to notify an “Official with Authority” that they have received such a report.
  18. Resources.  A description of counseling, medical, legal, and other resources for complainants and respondents.
  19. Responsible Employees. Identification of those individuals who are considered “responsible employees” as defined in Appendix B. A responsible employee is not necessarily an “Official with Authority” to institute corrective measures on behalf of the university.
  20. Roles and Duties of University Employees.  Identification of the role and responsibility of institutional employees regarding reporting, prevention, and response involving allegations of sexual violence and sexual harassment.
  21. Sanctions.  Identification of potential sanctions for students and employees who are found responsible under the policy.
  22. Scope Statement. Provision of a scope statement covering all institutional students and employees in university sponsored and supported activities.
  23. Supportive Measures.  Information for students and employees concerning the availability of academic and employment supportive measures related to the individual as a complainant or respondent.
  24. Title IX Committee.  Provision for a campus Title IX Committee, tasked with the responsibility to, among other things, support the efforts of the Title IX Coordinator, implement the institutional Sexual Violence and Sexual Harassment policy, perform assessment, and address campus climate and culture issues.
  25. Title IX Coordinator.  Identification of the name and contact information for the institutional Title IX Coordinator and any Deputy Title IX Coordinators.

Related 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 14-7, “Implementation of Statute on Discrimination Against Students”
  • 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

(See definitions in Appendix B for other statutory references.)

 

History: Res. 2297, adopted 12/05/1980, created Regent Policy Document 80-8. Res. 2384, adopted 05/08/1981, created Regent Policy Document 81-2, replacing Regent Policy Document 80-8. Res. 3758, adopted 04/10/1987, amended Regent Policy Document 81-2; subsequently renumbered 14-2. Res. 10786, adopted 12/08/2016, amended Regent Policy Document 14-2. Res. 11475, adopted 08/05/2020, and Res. 11494, adopted 08/20/2020, amended Regent Policy Document 14-2.


Appendix A: Template for UW Institutions’ Policies

UW-[institution] Sexual Violence and Sexual Harassment Policy

Policy Statement

The mission of University of Wisconsin-[institution] 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-[institution] 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 respond to and redress conduct that violates this policy. This policy provides the UW-[institution] 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 UW-[Institution] and the UW System.

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; 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 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.

I. Definitions

(See Appendix B).

II. Role and Duties of University Officials and Employees

A. Title IX Coordinator

The duties of the UW-[Institution] 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
  • overseeing and/or investigating allegations of sexual violence and sexual harassment, as appropriate
  • 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 and ensuring equity and due process for complainants and respondents.

B. Title IX Committee

The Title IX committee at UW-[Institution] meets on a________ [Insert period of time, such as monthly] 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 are offices represented on this committee: [Identify, refer to Title IX Committee Bylaws].

C. Responsible Employees

UW-[Institution] has designated individuals with the following titles as “Responsible Employees” under this policy: [Identify].

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

D. Official with Authority

UW-[Institution] 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.

E. 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. “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.

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].

III. Reporting an Incident of Sexual Violence or Sexual Harassment

A. Reporting Options

Those who have been subjected to an incident of sexual violence or sexual harassment have several options for reporting the incident:

  1. The individual may elect not to report or may only seek confidential services.
  2. The individual may report information to the campus Title IX Coordinator or other designated reporting office: [Name, contact information of institutional Title IX Coordinator].
  3. The individual may report information to campus law enforcement:  [Name, contact information of campus law enforcement].
  4. The individual may report information to local law enforcement: [Name, contact information of local law enforcement].

Note:  An individual may make a report to one or more of the offices or individuals noted above.

Individuals have the option to file a complaint with the U.S. Department of Education, Office for Civil Rights: http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

B.  Amnesty

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.)

C.  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.

D.  Resources and Supportive Measures

1. Supportive 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: [List of resources including medical, advocacy, counseling, tutoring.]

E.  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. [Link to Emergency Rule Chapter 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 violence or sexual harassment, the procedures linked here apply. [Link to Emergency Rule Chapters UWS 4 and 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 violence or sexual harassment, the procedures linked here apply. [Link to Emergency Rule Chapters UWS 11 and 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 violence or sexual harassment, the procedures linked here apply. [Link to 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 violence or sexual harassment, the procedures linked here apply. [Link to Appendix C].

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:

    1. When a report is made to campus law enforcement alleging that an individual has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply. [Link to campus law enforcement procedures].
    2. When a report is made to local law enforcement alleging that an individual has engaged in an act of sexual violence or sexual harassment, the procedures linked here apply. [Link to local law enforcement procedures].

F.  Prompt Resolution

The university offices and employees that receive a report of sexual violence or sexual harassment will endeavor to resolve the matter in a timely manner, with consideration to available information and context.

1. Time Frames

Best efforts will be made for the university to complete an informal resolution process or an investigation of a complaint within ninety (90) calendar days. The ninety (90) calendar day timeframe and any other timeframe set by the university related to appeals and conclusion of the grievance process may be extended for good cause. Good cause may include but is not limited to considerations such as:

  • the absence of a party or party’s advisor, witness
  • concurrent law enforcement activity
  • the need for language assistance or accommodation of disabilities.

The complainant and the respondent will be notified in writing of an extension for good cause.

2. Potential Sanctions

The procedures identified above provide for disciplinary action against employees and students who are found responsible for violating a 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.

3. Notice of Outcome

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

G.  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.)

H.  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.

IV. Education and Training

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

The Chancellor or designee will identify and offer more in-depth training for employees who are Officials with Authority, Responsible Employees, Title IX Personnel, and those connected with the disciplinary process.

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.

V. Record Keeping and Data Collection

As noted above, the Title IX Coordinator will maintain records of reports and resolution of sexual violence and sexual harassment consistent with the institutional records-retention policy, which must be at least seven (7) years. In addition, the Title IX Coordinator will track compliance with mandatory training programs and maintain a list of training and education offered on campus.

The 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. All materials used to train Title IX Personnel will be maintained for at least seven (7) years.

The UW-[Institution] Police Department or other appropriate office will collect, maintain, and submit the Annual Security Report, consistent with the federal Clery Act.

The Office of the Dean of Students, or other appropriate office, will collect appropriate data and compile the state report required under § 36.11(22), Wis. Stats.

VI. Assessment

The (insert campus office name) will conduct a study that seeks to gather data and information concerning sexual violence and sexual harassment. Efforts will be made to conduct such a study once every ___ years. All students and employees are encouraged to participate. The Title IX office will also work to design methods for effectively evaluating the outcomes of campus training and educational programming. It is imperative that UW System institutions proactively integrate empirically informed assessment and evaluations into sexual violence and sexual harassment prevention and awareness programs to measure whether they are achieving the intended outcomes.


Appendix B:  Definitions to be Included in Institutional Policies

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 or employee. A Confidential Employee will not report specific information concerning a report of sexual violence or sexual harassment received by that Employee in the Employee’s professional capacity unless with the consent of the reporting individual or unless required by the Employee’s license or by law.

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

Consent. Words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definition of sexual assault and sexual exploitation. A person is 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.

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).

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/))

Education Program or Activity. 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.

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 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)

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; 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.

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 complaint, testified, assisted, 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 an university sponsored or supported activity, or creates an intimidating, hostile, or offensive academic, working, or program or activity related environment.

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 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 C (university employees other than faculty or academic staff).

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.

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 enacted amendments to the Clery Act [42 U.S.C. §§ 13701-14040], through the Campus Sexual Violence Elimination Act (SaVE) provision, Section 304.


Appendix C: 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 a university education program or activity.
  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 complaint.
  5. The complainant or Title IX coordinator have submitted a formal 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).]
    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.)
  12. “Sexual harassment” means 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 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 must dismiss a formal complaint consisting of allegations that:
    1. Would not constitute Title IX misconduct if proved;
    2. Did not occur in a university program or activity; or
    3. Did not involve actions against someone physically located in the United States.
  2. The university may dismiss a formal complaint when:
    1. The complainant formally requests in writing to withdraw the formal complaint;
    2. The employee is no longer employed by the university; or
    3. Specific circumstances prevent the university from gathering evidence sufficient to reach a determination on the allegations contained in the formal complaint.
  3. The university generally shall decide whether to dismiss a formal 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, then the university must provide written notice of the dismissal and reasons therefore to the complainant and respondent if notified of the formal complaint. 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”). Dismissal of a Title IX formal complaint does not preclude the university from otherwise pursuing conduct charges against the respondent under other university policies. The appeal process is outlined in the Appeal to Chancellor section below.

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 must include:
    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 but not limited to, the identity of the complainant as well as the date and location of the incident(s) if available
    3. A statement affirming the respondent is presumed not responsible for the alleged violation
    4. The complainant and the respondent have the right to an advisor of their choice
    5. The complainant and respondent have the right to inspect and review the evidence
    6. Information about any code of conduct rules which prohibit the complainant and respondent from knowingly making false statements or submitting false information during the disciplinary process.
  3. The complainant and respondent must receive an amended notice of investigation any time additional charges are added during the course of an investigation. Formal 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 complainant and respondent 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 complainant and respondent to discuss the allegations under investigation or to gather and present relevant evidence;
    3. Provide the complainant and respondent 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 complainant and respondent 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 a complainant’s or respondent’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 complainant or respondent, unless the university obtains the complainant’s or respondent’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 complainant and respondent and their respective advisors, if any, the evidence gathered during the investigation for inspection and review by the complainant and respondent. 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 complainant and respondent to meaningfully respond to the evidence prior to conclusion of the investigation.
  2. The complainant and respondent 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 complainant and the respodent (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 complainant and respondent.

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.
  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.

Hearing Process.

  1. A fair hearing for a complainant and respondent under this policy shall include the following rights:
    1. Service of written notice of a live hearing on the allegations in the formal complaint at least ten (10) days prior to the hearing.
    2. A right to the names of witnesses and of access to documentary and other evidence upon the basis of which dismissal or other discipline is sought.
    3. A right for the complainant and respondent to be heard on their own behalf.
    4. A right to an advisor, counsel, or other representatives, and to offer witnesses. The complainant’s or respondent’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 complainant or respondent does not have an advisor, the university shall provide the complainant or respondent, without charge, an advisor of the university’s choice to conduct cross-examination on behalf of the complainant or respondent. The advisor may be an attorney.
    5. A right to confront and cross-examine adverse witnesses. Cross examination must be conducted directly, orally, and in real time by the complainant’s or respondent’s advisor. The complainant and the respondent shall not be permitted to personally conduct cross- examination. If the complainant, respondent, 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 complainant, respondent, or witness in reaching a decision. However, the hearing examiner or hearing committee shall not draw a negative inference in reaching a decision based solely on a complainant’s, respondent’s, or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
    6. A verbatim record of all hearings, which might be a sound recording, made available at no cost for inspection and review.
    7. 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 completion of written findings and recommendations, including any notifications to the complainant and the respondent, interviews with the complainant, respondent, 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
      4. A statement of, and rationale for, the result as to each allegation, including recommendations regarding responsibility, any disciplinary sanction recommended to be imposed, and whether remedies designed to restore or preserve equal access to the university’s educational program or activity will be provided to the complainant
      5. The university’s procedures and permissible bases for complainant and the respondent to appeal.
    8. Admissibility of evidence governed by s. 227.45 (1) to (4), Stats. Only relevant questions may be asked of the complainant, respondent, 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.
    9. The hearing may be conducted with all participants physically present in the same location, or at the hearing examiner’s or hearing committee’s discretion, any or all participants may appear at the hearing virtually, with technology enabling the participants simultaneously to see and hear each other. 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.
    10. The burden of proof to support dismissal, or of grounds to support other discipline, is on the university administration, which shall present witnesses and evidence to meet its burden.
    11. The standard of proof shall be a preponderance of the evidence.
    12. No employee or other individual who participated in the investigation of the formal complaint, or who is a material witness, shall be qualified to serve as the hearing examiner or on the hearing committee in that case.
    13. The hearing shall be closed unless the respondent or complainant requests an open hearing; in which case it shall be open (see subch. V of ch. 19, Stats., Open Meeting Law).
    14. Nothing in this section shall prevent the settlement of cases by mutual agreement between the administration, the complainant, and the respondent.
    15. Delay or adjournment of the hearing for good cause may be granted by the hearing examiner or hearing committee. Good cause includes the need to investigate evidence as to which a valid claim of surprise is made; to ensure the presence of the complainant or the respondent, their advisors, or a witness; to provide language assistance or accommodation of disabilities; and to accommodate concurrent law enforcement activity.

Hearing Examiner’s or Hearing Committee’s Findings and Recommendations.

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

The complainant or respondent 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. The appeal to the chancellor may be made only on the following bases: procedural irregularity that affected the outcome of the matter; new evidence that was not reasonably available at the time of the hearing before the hearing examiner or hearing committee that could affect the outcome of the matter; 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 complainant or respondent, or against complainants and respondents generally, that affected the outcome. The complainant and the respondent shall be notified of any appeal to the chancellor.

The chancellor shall permit the complainant and respondent 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 respondent shall be simultaneously provided the final written decision of the chancellor, which shall include the rationale for the decision.

Discretionary review by the Board of Regents.

The chancellor’s decision shall be final, except that the board of regents may, at its discretion, grant a review upon the record, upon written request submitted by the complainant or the respondent within fourteen (14) days of the final university decision. If the board of regents grants a review upon the record, it will:

  1. Notify the complainant and respondent in writing and give both the complainant and respondent a reasonable, equal opportunity to submit a written statement supporting or challenging the outcome.
  2. Issue a written decision describing the result of the review and the rationale for the result and provide the written decision simultaneously to both the complainant and respondent.

Administrative Leave.

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