Current through August 26, 2024
In accordance with s.
UWS 17.08, the university may discipline a student for
engaging in, attempting to engage in, or assisting others to engage in any of
the following types of nonacademic misconduct. Sexual misconduct, as defined in
this section, shall use the disciplinary procedure, hearing, appeal, and
settlement processes detailed in ss. UWS 17.152 to 17.156.
(1) SEXUAL HARASSMENT. Conduct on the basis
of sex that satisfies any of the following:
(a) Unwelcome conduct of a sexual nature
directed towards a student, an employee, or a person participating in an
education 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.
(b) Unwelcome conduct of a sexual nature
directed towards an individual that, when using the legal "reasonable person"
standard, 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 a university sponsored or supported
activity.
(2) SEXUAL
ASSAULT. An offense that meets any of the following definitions:
(a) 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 another person, without the consent of the
complainant.
(b) Fondling: The
touching of the private body parts of another person for the purpose of sexual
gratification, without the consent of the complainant, including instances
where the complainant is incapable of giving consent because of age or because
of temporary or permanent mental incapacity.
(c) Incest: Sexual intercourse between
persons who are related to each other within the degrees wherein marriage is
prohibited by law as per s.
944.06, Stats.
(d) Statutory Rape: Sexual intercourse with a
person who is under the statutory age of consent as per s.
948.02,
Stats.
(3) 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.
(4)
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 persons 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 individual who is protected from that person's acts
under the domestic or family violence laws of Wisconsin as per ss.
813.12(1) (am) and
968.075,
Stats.
(5) STALKING. Engaging in a
course of conduct directed at a specific person that would cause a reasonable
person to fear for their safety or the safety of others; or suffer substantial
emotional distress.
(6) SEXUAL
EXPLOITATION. Attempting, taking or threatening to take nonconsensual sexual
advantage of another person. Examples include:
(a) Engaging in any of the following conduct
without the knowledge and consent of all participants:
1. Observing, recording, or photographing
private body parts or sexual activity of one or more complainants.
2. Allowing another person to observe,
record, or photograph sexual activity or private body parts of one or more
complainants.
3. Otherwise
distributing recordings, photographs, or other images of the same of one or
more complainants.
(b)
Masturbating, touching one's genitals, or exposing one's genitals in
complainant's presence without the consent of complainant, or inducing another
person to do the same.
(c)
Dishonesty or deception regarding the use of contraceptives or condoms during
the course of sexual activity.
(d)
Inducing incapacitation through deception for the purpose of making another
person vulnerable to non-consensual sexual activity.
(e) Coercing the complainant to engage in
sexual activity for money or anything of value.
(f) Threatening distribution of any of the
following, to coerce the complainant 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, including sexual history or sexual orientation.
