(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
of sexual misconduct, as defined in this section.
(11) “Sexual assault" means an offense that meets any of the following definitions found in the 20 U.S.C. 1092(f)(6)(A)(v), 34 CFR 668.46(a); (a) “Rape” means 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.
(b) “Fondling” means 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.
(c) “Incest” means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as provided in s. 944.06, Stats. (d) “Statutory Rape” means sexual intercourse with a complainant who is under the statutory age of consent as provided in s. 948.02, Stats. (12) “Sexual harassment" means conduct on the basis of sex that satisfies one or more of the following:
(a) 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.
(b) 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 any of the following legal “reasonable person” standards:
1. The conduct is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity.
2. The conduct is so severe, pervasive, or objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or participation in an institution’s education program or activity, or creates an intimidating, hostile, or offensive academic, working, or program or activity related environment..
(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.
Section 10. UWS 4.13 is created to read:
UWS 4.13 Application of Title IX misconduct disciplinary procedure. This disciplinary procedures under ss. UWS 4.13 to 4.23will be used only when all of the following requirements are met: (1) There is a formal complaint alleging Title IX misconduct.
(2) The conduct occurred in the United States.
(3) The conduct occurred within a university education program or activity.
(4) The complainant shall 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 has submitted a formal complaint.
Section 11. UWS 4.14 is created to read:
UWS 4.14 Dismissal of formal Title IX complaint and related appeal.
(1) The university shall dismiss a formal complaint consisting of allegations that are any of the following:
(a) Would not constitute sexual harassment if proved.
(b) Did not occur in a university program or activity.
(c) Did not involve actions against someone physically located in the United States.
(2) The university may dismiss a formal complaint when any of the following applies:
(a) The complainant formally requests in writing to withdraw the formal complaint.
(b) The faculty member is no longer employed by the university.
(c) 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 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 shall provide notice of the dismissal and reasons therefore to the faculty member and complainant in writing.
(4) Within 20 days of receipt of the notice of dismissal, the complainant may appeal the dismissal by filing a written appeal with the chancellor. The complainant may appeal on any of the following bases:
(a) Procedural irregularity that affected the outcome of the matter.
(b) New evidence that was not reasonably available at the time of the dismissal that could affect the outcome of the matter.
(c) The university employee making the dismissal decision had a conflict of interest or bias for the faculty member or against the complainant, or against complainants generally, that affected the dismissal decision.
(5) The chancellor shall provide the faculty member and complainant the opportunity to provide a written statement supporting or challenging the dismissal. The chancellor shall simultaneously issue a decision to the complainant and the faculty member within 30 days of receipt of a written appeal. The chancellor’s decision shall include the chancellor’s rationale for the decision and shall be final.
(6) Dismissal of a Title IX formal complaint does not preclude the university from otherwise pursuing discipline against the faculty member under other administrative rules or university policies.
Section 12. UWS 4.15 is created to read:
UWS 4.15 Investigation of Title IX misconduct allegations.
(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 faculty member and the complainant with a notice of investigation. The notice shall include all of the following:
(a) The grievance process, including informal resolution options.
(b) The allegations of Title IX misconduct with sufficient detail for the faculty member to prepare a response to the allegations, including the identity of the complainant as well as the date and location of the incident if available.
(c) A statement affirming the faculty member is presumed not responsible for the alleged violation.
(d) The faculty member and complainant have the right to an advisor of their choice.
(e) The faculty member and complainant have the right to inspect and review the evidence.
(f) Information about any code of conduct rules which prohibit the faculty member or the complainant from knowingly making false statements or submitting false information during the disciplinary process.
(3). The faculty member and complainant shall 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 do all of the following:
(a)
Provide both the faculty member and the complainant an equal opportunity to provide witnesses (including fact and expert witnesses) who may be interviewed by the investigator, and other inculpatory and exculpatory evidence. (b)
Not restrict the ability of either the faculty member or complainant to discuss the allegations under investigation or to gather and present relevant evidence.(c)
Provide the faculty member and complainant the same opportunity to be accompanied by an advisor of their choice during meetings relating to the investigation but may limit the participation by the advisor so long as those limits are applied equally.(d)
Provide both the faculty member and the complainant an 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 faculty member, complainant, or other source, so that the faculty member and complainant can meaningfully respond to the evidence prior to conclusion of the investigation.(5) As part of its investigation and disciplinary process, the university may not access, consider, disclose, or otherwise use a faculty member's or complainant’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the faculty member or complainant, unless the university obtains the faculty member’s or complainant’s voluntary, written consent to do so in relation to the investigation and disciplinary process.
(6) The university’s investigator generally shall complete the investigation and issue a final investigative report within 90 days of the investigator’s appointment. However, the investigator may extend the investigation’s time frame where circumstances warrant.
Section 13. UWS 4.16 is created to read:
UWS 4.16 Review of evidence.
