If a report is received alleging that a campus community member or visitor has engaged in conduct that may violate the UW-Madison Policy on Sexual Harassment and Sexual Violence, the information will be reported to the Title IX Program within the Office of Compliance. If the allegations would constitute a violation of the campus policy and an investigation is warranted, a staff member within the Title IX Program will be assigned as a neutral, third-party investigator.
In most cases, the investigator will start by contacting the complainant to discuss the possibility of a formal investigation. If the complainant agrees to participate in a university investigation, the complainant will meet with the assigned investigator to provide a statement or participate in an interview. The complainant will also be asked to provide any documentary evidence (emails, text messages, social media posts, other records, etc.) they would like to be considered during the investigation and to identify any witnesses who might provide information to support the complainant’s statement.
Please note: There are rare occasions in which the university will proceed with an investigation without the participation of a complainant (either under policy or as a complaint involving Title IX misconduct). This decision will be based on a variety of factors, including an assessment of a perceived ongoing risk to the campus community absent an investigation.
Title IX Misconduct
Some alleged violations of the campus SH/SV Policy may also be alleged violations of Title IX, the federal law that prohibits discrimination on the basis of sex. Alleged violations of Title IX will be considered “Title IX Misconduct.” (“Title IX Misconduct” only applies to violations that occurred after August 14, 2020).
Title IX misconduct refers to a smaller subset of alleged policy violations in which:
The alleged misconduct:
1) Meets specific definitions under Title IX
2) Is on the basis of sex
3) Occurred within the University’s education program or activity
4) Was directed against someone in the United States,
5) The complainant is participating in or attempting to participate in the University’s education program or activity at the time they file the complaint, and
6) The complainant files a formal complaint.
If alleged violations a do not meet all of the criteria above, the complaint will be dismissed. The university may also dismiss cases if the complainant notifies the Title IX Coordinator in writing that they would like to withdraw the complaint or any allegations therein, if the respondent is no longer enrolled by the university, or if specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the Title IX Complaint or allegations therein.
Dismissal of a formal complaint of Title IX Misconduct does not prevent the university from responding to and investigating the alleged violations under campus policy.
If the allegations meet all of the criteria above and the formal complaint is not otherwise dismissed, the investigation and disciplinary process will incorporate certain procedural requirements required for allegations involving Title IX Misconduct.