Response & Investigation Options

The purpose of an alternative resolution is to stop the problematic conduct from continuing. This type of response may be appropriate for people experiencing harassment, stalking or other ongoing unwanted contact, but may not be appropriate for other types of misconduct. This option may be available if the reported conduct does not yet reach the level of a policy violation, but would if it escalated.

An alternative resolution option may include a university official speaking with the respondent (the person accused of the misconduct) about their conduct and reviewing relevant campus policy.  An alternative resolution may also be combined with a No Contact Directive or other protective measures. No factual findings or conclusions are made about the alleged conduct in this scenario.

A formal investigation is available if there is an allegation that the UW-Madison Policy on Sexual Harassment and Sexual Violence has been violated. If the allegations would not constitute a policy violation, then an alternative resolution, along with support and protective measures may still be available.

The university has the authority to investigate the conduct of students while they are on campus or if the alleged conduct indicates that the student may present a danger or threat to the health or safety of self of others. The university also has the authority to investigate 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 or supported activities.

A formal investigation concludes with factual findings and a decision about whether the respondent violated campus policy, which could result in sanctions. All investigations involving allegations of sexual harassment and sexual violence are conducted in a prompt, fair, and impartial manner. Throughout the process, both the complainant and the respondent have the right to be accompanied by an advisor or support person to interviews, meetings, and hearings. Both parties have a right to be informed regarding the scope and status of the investigation. For more information about parties’ rights in the investigation process, please scroll to the bottom of the Reporting & Response Options page.

For a general overview of the investigation process, click here.

Please note: For allegation of misconduct that occurred prior to August 14, 2020, the disciplinary procedure included in the earlier version of the UW-Madison Policy on Sexual Harassment and Sexual Violence  will apply, as well as version of the Wisconsin State Code that were applicable at the time of the alleged misconduct.

If you do choose to report to either the university or law enforcement, or think you may consider doing so in the future, you should consider preserving evidence that might be relevant to an investigation. Evidence may include:

• Text messages, emails, and other written communications. Messages between the parties or between witnesses may be helpful, including messages in which you may have told a friend or support person what happened.
• If you are experiencing ongoing or repeated abuse or harassment, track dates and times and specific conduct in a calendar or journal. You can also obtain a “stalking booklet” from the police or use a personal calendar to help you keep track. This practice can also help with memory recollection.
• In some situations, collecting forensic and medical evidence close to an assault can prove critical, specifically in relation to law enforcement prosecutions. This is best collected and documented by a forensic nurse examiner.
• Timing may be important for other types of evidence. For example, surveillance footage of private establishments or campus locations may be deleted after a certain amount of time if not saved in a timely manner.

Even if you do not have all or any of types of evidence described above, it does not mean that you cannot report the misconduct or that the respondent will not be able to be found responsible.

CAMPUS PROCESS

• Penalties are given for violation of university policy
• Responsibility based on “preponderance of the evidence” standards
• Limited ability to impose penalties or restrictions for those not affiliated with UW

CRIMINAL PROCESS

• Has power to arrest and charge with criminal offenses
• “Beyond a reasonable doubt” standard for conviction
• Only able to take action on conduct that violates criminal law

Criminal conduct can also be reported to law enforcement. Any criminal conduct can be reported to police. You should report to the law enforcement agency that has jurisdiction (location) or where the crime occurred.

UWPD is a full-service, 24-hour law enforcement agency. UWPD officers have the authority to make an arrest, regardless of whether the perpetrator is associated with UW-Madison or not. Contact: UWPD (608-264-2677) or Sexual Misconduct Resource and Response Program (608-890-3788)

Other local law enforcement agencies include:

• Madison Police Department
• Dane County Sheriff’s Office

Regardless of whether an incident of sexual harassment or sexual violence is reported to the university for the purpose of initiating a disciplinary proceeding, the university will work with individuals who experience sexual harassment and/or sexual violence to undertake appropriate measures to promote their safety and well-being. These may include, but are not limited to, no contact directives, academic or work modifications, and adjustments to living spaces for those who live in a campus-operated facility or to working spaces for employees of the university. The university will maintain as confidential any supportive or protective measures provided as required or authorized by law and to the extent that maintaining such confidentiality would not impair the ability of the university to provide the supportive or protective measures. (No contact directives are not confidential, as they must be communicated to the respondent in order to
be effective.)

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 also: Wisconsin Sexual Assault Victim Amnesty Law]

Complainants seeking a confidential consultation about protective measures or options for reporting to the university or law enforcement may contact one or more of the confidential resources listed in Student Information and Employee Information pages of this website. Persons who report to any of the individuals or offices mentioned in Section VI of UW-Madison Policy on Sexual Harassment and Sexual Violence or to any other non-confidential university employee cannot be assured the information they report will remain completely confidential due to the reporting requirements described in Section X of this policy. Information provided in a non confidential report or any investigatory or disciplinary proceeding will be maintained in a secure manner. If a university investigatory or disciplinary process is initiated, the respondent will be informed of the identity of the complainant and the nature of the allegations.

The university may be required to release records pursuant to the Wisconsin Public Records law, subpoenas, governmental investigations, or other legal process. When responding to requests pursuant to the Wisconsin Public Records law, the university will redact personally identifiable information about complainants. Records containing personally identifiable information about students will only be disclosed to the extent permissible by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA).

The offices and university officials responding to a report of sexual harassment or sexual violence pursuant to this policy will endeavor to resolve the matter in a prompt and equitable manner in accordance with the applicable procedures, taking into consideration the nature and complexity of the report and procedural due process requirements. The complainant and the respondent will be advised of any delays that occur during the process.

The procedures identified above provide for disciplinary action against anyone found responsible for violating this policy following a formal investigation. The nature of the disciplinary action will be based on the preponderance of the evidence uncovered during the investigatory process and will take into account several factors, including the nature and severity of the incident, the sanctions available pursuant to the Disciplinary Procedures outlined in Section VIII above, 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 17.10 provides a more comprehensive list of potential sanctions against students.) For employees, sanctions may range from a written warning to dismissal from employment. For program participants, sanctions may include restrictions upon participation in or exclusion from the program. For visitors to campus, sanctions may include a ban from portions or all of campus.

Both the complainant and the respondent will be provided with written notice of the outcome of each stage of the applicable disciplinary process and of the final resolution of the investigation and recommended sanction.