Sexual Violence and Sexual Harassment

Policy Details

Policy Number:
SAAP 05-02
Original Approval Date:
February 22, 2018
Last Revision Date:
February 22, 2021
Initiator:
Chancellor
Responsible Party:
Title IX Coordinator

Contact

Questions regarding the interpretation of this policy should be directed to:

Title IX Coordinator

Authority

Purpose and Scope of Policy

This policy prohibits acts of sexual harassment and sexual violence (which, as defined below, includes sexual assault, sexual exploitation, stalking, dating violence, and domestic violence) 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 UWM with information and resources to identify, report, and respond to sexual harassment and sexual violence. These efforts support the overall missions of UW-Milwaukee 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. 
    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. 

Policy

I. Policy Statement

The mission of University of Wisconsin-Milwaukee (UWM) 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, UWM is committed to creating and maintaining a community environment that is free from sexual violence and sexual harassment. 

II. 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. 

III. Roles and Duties of University Officials and Employees

A. Title IX Coordinator

The duties of the UW-Milwaukee 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 Deputy Title IX Coordinators and the Title IX Working Group; overseeing the investigation 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. Deputy Title IX Coordinators (also “Title IX Deputies”)

The Title IX Coordinator has designated several Title IX Deputies to assist their work. These staff are trained on Title IX policy, procedures, and can provide information and answer questions about Title IX: uwm.edu/titleix/contact/.

C. Title IX Working Group

The Title IX Working Group at UWM meets on a monthly basis to discuss policy implementation and revision; to assess the effectiveness of trainings and educational programming; to address campus climate issues; and to provide guidance to the Title IX Coordinator. The following are offices represented on this working group: Dean of Students, Office of Equal Opportunity and Civil Rights, UWM Police Department, Athletics, Student Health and Wellness Center, University Housing, and Legal Affairs. Student-serving offices, and representatives from other units may be invited as appropriate. 

D. Victim Advocate

UWM provides confidential victim advocacy services to survivors of sexual violence. These services are provided by a victim advocate within Student Health and Wellness Center’s University Counseling Services. victimadvocacy@uwm.edu or 414-229-4582. 

Disclosing information to a Victim Advocate will not lead to a Title IX investigation unless a complainant so requests. A Victim Advocate will not report personally identifiable information concerning a disclosure of sexual harassment or sexual violence received by that individual in their professional capacity unless with the consent of the disclosing individual or required by law. Under Wisconsin law, communications between a victim and a victim advocate providing services to victims of sexual assault, interspousal battery, and domestic abuse [as defined in 905.045(1)(a)] are subject to an advocate-victim privilege and will be treated as such at UWM. Communications concerning other violations of this policy will be treated as confidential by UWM but may not be fully protected from disclosure in external legal proceedings. 

E. Title IX Investigators

Staff within two offices investigate allegations of sexual violence and sexual harassment. The Office of Equal Opportunity and Civil Rights (EOCR) and the Dean of Students Office investigate allegations involving student respondents. Allegations against employees, affiliated individuals, visitors, and guests, are investigated by the EOCR. These offices may investigate allegations jointly. 

V. Reporting Responsibilities of UWM Employees

A. Responsible Employees

UWM has designated individuals as “Responsible Employees” under this policy. Responsible Employees are not necessarily “Officials with Authority” to institute corrective measures on behalf of the university. These individuals have a duty to report to the Title IX Coordinator any information that suggests a violation of this policy has occurred or is occurring. Such individuals may not keep such information confidential.  

These employees are required to: 

  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 reporting options, reporting procedures, and supportive resources available to reporting individuals. 

A list of employees UWM has designated as Responsible Employees is attached as Appendix B. 

B. Officials with Authority

UWM has designated individuals with certain 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.  

A list of the UWM Officials with Authority can be found in Appendix B.

C. Campus Security Authorities (CSA)

CSAs are responsible for reporting to the University certain campus crimes that are reported to them, including all forms of sexual violence. They are not allowed to keep information reported to them suggesting a campus crime has occurred confidential. CSAs are trained annually to identify which crimes they are responsible for reporting and how to report those crimes to the University.  

A list of employees UWM has designated as Campus Security Authorities is attached as Appendix C.

D. 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. 

Wisconsin Statute 36.11(22) (applies to sexual assault) 

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 (EOCR) for the purposes of reporting sexual assault statistics. Confidential Employees, as defined in Appendix A, are only required to report the occurrence of the sexual assault without any personally identifying information about the complainant or respondent. 

Executive Order 54 (applies to child abuse and neglect) 

All employees must also 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. For additional information on Executive Order 54, see: Executive Order #54 Toolkit. 

VI. Reporting an Incident of Sexual Violence or Sexual Harassment

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

  1. An individual may elect not to report or may elect to only seek confidential services such as medical care, mental health counseling, and victim advocacy. For information about available resources, including confidential resources specific to each UWM campus, visit the UWM Title IX website.  

    UWM Victim Advocate (serves students on all UWM campuses) 
    414-229-4582 
    victimadvocacy@uwm.edu 

    Whenever possible, UWM will provide accommodations and protective measures regardless of whether an individual elects to report an incident for investigation.  
  2. The individual may report information to the campus Title IX Coordinator: 

    UWM Title IX Coordinator 
    Mitchell Hall, Rm. 359 
    414-229-7012 
    titleix@uwm.edu 
  3. The individual may report information to campus law enforcement: 

    UWM Police Department 
    3351 N. Downer Ave. 
    414-229-4627 (non-emergency) 
  4. The individual may report information to local law enforcement. The applicable local law enforcement agency will be based on the jurisdiction in which the incident occurred. For assistance in determining the jurisdiction or appropriate law enforcement agency, individuals may contact the UWM Police Department. 
  5. When a report is made to more than one of the UWM offices noted above, the offices will endeavor to cooperate as they are able.  Attempts will be made to limit the number of times a complainant or respondent is required to repeat information about the allegations.  
  6. The individual may report information to a community resource to receive medical, counseling, victim advocacy, or other support services. Community resources are listed in Appendix D. UWM is not notified of such reports unless an individual requests that UWM be notified. 
  7. Individuals also have the option to file a complaint with the U.S. Department of Education Office for Civil Rights: How to File a Discrimination Complaint with OCR.

A. 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.

B. 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 A, cannot be assured absolute confidentiality. However, information provided in the report and in any subsequent, related proceeding only be shared with those individuals who have a need to know to fulfill obligations consistent with university policies or laws. 

C. 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. For a list of resources including those specific to each UWM campus, visit the UWM Title IX website.  

Definitions

For a list of definitions of terms used in this policy, see Appendix A. 

Procedures

I. 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.
  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.
  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.
  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.
  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.
2. Title IX Misconduct Informal Resolution Procedures

At any time prior to reaching a determination regarding responsibility for a Title IX Misconduct Complaint, 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 the allegations; 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 any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; 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; and 
  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 complaints. 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: uwm.edu/police/.
  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 of the relevant law enforcement agency will apply. The relevant local law enforcement agency will be based on the jurisdiction in which the incident occurred. For assistance in determining the jurisdiction or appropriate law enforcement agency, individuals may contact the UWM Police Department.

E. Prompt and Equitable Resolution

The university offices and employees that receive a report of sexual harassment or sexual violence pursuant to this policy will endeavor to resolve the matter in a timely manner, in accordance with the applicable procedures, taking into consideration the nature and complexity of the report and procedural due process requirements.

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 time frame and any other time frame 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, or  
  • 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 this or referenced university policy(s). The nature of the disciplinary action will be based on the preponderance of the evidence presented during the disciplinary process, and will take into account several factors, including the nature and severity of the incident, the affiliation of the respondent with the university, and any past disciplinary history of the respondent.  

  • For students, sanctions may include, but are not limited to, restrictions on a course or program, probation, suspension, or expulsion. (Chapter UWS 17 provides a more comprehensive list of potential sanctions against students).  
  • 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 each stage of the applicable disciplinary process and of the final resolution of the alleged violation. 

F. 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 a Title IX 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.) 

G. False Information

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. 

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 Investigators, Coordinators and Deputies, and those connected with the relevant disciplinary processes. 

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.

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, and for no less than 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 Dean of Students Office, in conjunction with other university offices/units, will collect and maintain crime data, including data related to sexual violence, and submit the Annual Security Report, consistent with the Clery Act. 

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

Assessment

The Title IX Coordinator will conduct a study that seeks to gather data and information concerning sexual violence and sexual harassment on or near campus. Efforts will be made to conduct such a study once every 3 years. All students and employees are encouraged to participate. The Title IX Coordinator will also work to design methods for effectively evaluating the outcomes of campus training and educational programming. 

Forms & Appendices

Policy History

February 22, 2018
Original
February 22, 2021
Revised
December 5, 2025
Editorially revised