Statement of Non-Discrimination
The University of Wisconsin-Madison is committed to providing equal opportunity and equal access in compliance with all applicable federal and state laws and regulations and University of Wisconsin System and university non-discrimination policies and procedures, including but not limited to Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin, Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability, and the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age.
Travis Grimm, JD, Lead Civil Rights Investigator in the Office of Compliance is the university designee to handle inquiries regarding this nondiscrimination policy. He can be reached at travis.grimm@wisc.edu, (608) 265-2320; Relay calls accepted; 361 Bascom Hall, 500 Lincoln Drive, Madison, WI 53706.
Lauren Hasselbacher, JD, Title IX Coordinator in the Office of Compliance is the university designee to handle inquiries regarding sexual harassment and sexual violence. She can be reached at lauren.hasselbacher@wisc.edu, (608) 890-3788; Relay calls accepted; 361 Bascom Hall, 500 Lincoln Drive, Madison, WI 53706.
Ruben Mota, the Americans with Disabilities Act (ADA) Coordinator in the Office of Compliance is the university designee to handle inquiries regarding denied disability accommodation requests for employees and students. He can be reached at ruben.mota@wisc.edu, (608) 265-4508; Relay calls accepted; 25 East Ingraham Hall, 1155 Observatory Drive, Madison, WI 53706.
Individuals may also file complaints directly with the Office for Civil Rights, within the United States Department of Education.
Protected Bases
The following are the specific bases upon which discrimination is prohibited for students and applicants for admission to the university; university employees and applicants for employment at the university; and those wishing to take part in university programs and activities, including visitors to campus.
For a discrimination allegation to prevail, the Complainant must establish a nexus between (1) membership in a protected class and (2) the alleged discriminatory conduct. An individual’s mere membership in one or more protected classes coupled with an event that is displeasing to that person, does not establish that discrimination occurred on a protected basis. There must be a discernible connection between protected class membership and the complained‑of discriminatory conduct.
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Students/Educational Programs
Protected Bases
- age
- ancestry
- color
- creed
- disability
- ethnicity (specifically involving harassment by UW employees)
- gender identity or expression
- marital or parental status
- national origin
- pregnancy
- race
- religion
- retaliation for opposing discrimination, making a complaint of discrimination or taking part in an investigation relating to discrimination
- sex
- sexual orientation
- or any other category protected by law, including physical condition or developmental disability as defined in Wisconsin Statutes§51.01(5).
Employees/Applicants
Protected Bases
- age
- ancestry
- arrest record
- color
- conviction record
- creed
- disability
- ethnicity (specifically involving harassment by university employees)
- gender identity or expression
- genetic information including genetic testing
- honesty testing
- marital or parental status
- military service
- national origin
- pregnancy
- race
- religion
- retaliation for opposing discrimination, making a complaint of discrimination or taking part in an investigation relating to discrimination
- sex
- sexual orientation
- use or nonuse of lawful products off the employer’s premises during nonworking hours,
- veteran status
- declining to attend a meeting or participate in any communication about religious matters or political matters, or any other category protected by law
Visitors and Program Participants/University Activities
Protected Bases
- age
- ancestry
- color
- creed
- disability
- national origin
- race
- retaliation for making a complaint of discrimination, or taking part in an investigation relating to discrimination, or opposing discrimination
- sex
- sexual orientation
Also covered is any other non-discrimination category that may be subsequently added, even if not included in the above list, as a result of federal or State of Wisconsin court, legislative, or regulatory action, or action taken by UWS or the university.
Prohibited Conduct
Discrimination, discriminatory harassment, and retaliation are defined by the University of Wisconsin System Regent Policy Document 14-6, as amended 10/11/2013.
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Discrimination
Discrimination is conduct that adversely affects any aspect of an individual’s employment, education, or participation in an institution’s activities or programs, or has the effect of denying equal privileges or treatment to an individual on the basis of one more characteristics of that individual’s protected status or category as defined herein.
Discriminatory Harassment
Discriminatory harassment is a form of discrimination consisting of unwelcome verbal, written, graphic, or physical conduct that:
- Is directed at an individual or group of individuals on the basis of the individual or group of individuals’ actual or perceived protected status, or affiliation or association with person(s) within a protected status (as defined herein); and
- Is sufficiently severe or pervasive so as to interfere with an individual’s employment, education or academic environment or participation in institution programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, offensive or hostile.
To constitute prohibited harassment, the conduct must be both objectively and subjectively harassing in nature. Harassment may include, but is not limited to, verbal or physical attacks, threats, slurs or derogatory or offensive comments that meet the definition set forth herein. Harassment does not have to be targeted at a particular individual in order to create a harassing environment, nor must the conduct result in a tangible injury to be considered a violation of this policy. Whether the alleged conduct constitutes prohibited harassment depends on the totality of the particular circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs and the status of the individuals involved.
To be considered discriminatory harassment, the complainant must allege that the harassment is based on one or more of the categories listed in these procedures depending on whether the complainant is a student or applying for admission to the University; an employee, or applying for employment at the University; or a visitor to campus.
For more information regarding discriminatory harassment, see:
What is Sexual Harassment?
State of Wisconsin Division of Workforce Development: Harassment in the Workplace
UW Equal Employment Opportunity Commission Harassment and Sexual Harassment: Types of Harassment and Facts about Sexual Harassment
U.S. Department of Education: Sexual Harassment Resources, Dear Colleague Letter (2010), and Racial Incidents and Harassment Against Students
Retaliation
No student, employee, or person taking part in University programs or activities shall be retaliated against for opposing discrimination, making a complaint of discrimination, or taking part in an investigation relating to an allegation of discrimination.
Retaliation is defined as adverse action taken against an individual in response to, motivated by or in connection with an individual’s complaint of discrimination or discriminatory harassment, participation in an investigation of such complaint and/or opposition of discrimination or discriminatory harassment in the educational or workplace setting. Individuals making a complaint of discrimination or taking part in an investigation relating to discrimination or opposing discrimination are protected against retaliation. For more information about protection from discrimination, see:
U.S. Equal Employment Opportunity Commission: Facts About Retaliation
Office of Civil Rights: Dear Colleague letter (2013)
State of Wisconsin Division of Workforce Development: Retaliation Protection under The Fair Employment Law