Respondent Information

We understand it may be upsetting to receive a contact from the SMRRP Program. The university has a variety of support resources available to you.

For students:

• Office of Student Assistance and Support
• UHS Mental Health (confidential)
• For those in university housing, a housing staff member may be assigned to you to provide support.

For employees:

• The Ombuds Office (confidential)
• Employee Assistance Office (confidential)
• For those in university housing, a housing staff member may be assigned to you to provide support.

You have the right to have an advisor accompany you to any meetings with the Sexual Misconduct Resource and Response Program. An advisor may be a friend, an attorney or other support person. Student respondents may request an advisor from the Office of Student Assistance and Support or a Housing staff member (for those in University Housing).

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.

You may be issued a No Contact Directive (NCD) by the Sexual Misconduct Resource and Response Program if someone has indicated they are concerned about receiving unwanted contact from you based on prior alleged conduct.

NCDs are not considered disciplinary and are not recorded in an employee’s personnel file or considered a conduct violation for students. 

While there is no appeal process for removing a No Contact Directive, if you believe the NCD will limit your ability to participate in your academic activities or effectively complete your work duties, modifications can be made upon request.

It may be that the Sexual Misconduct Resource and Response Program has reached out to you to discuss concerns that were raised by a community member regarding your conduct. You will be asked to meet with a staff member to discuss the concerns, review the campus policy on Sexual Harassment and Sexual Violence, and discuss how your alleged behavior impacted others on campus. You may have an advisor present at any meeting with the Sexual Misconduct Resource and Response Program.

Alternative response options are not a part of a formal investigation, and no factual findings or conclusions will be made by the Sexual Misconduct Resource and Response Program about what was alleged. Instead, the purpose of these meetings are to make the respondent aware of how their conduct was perceived by others, and ideally prevent any future conflicts or misconduct. Depending on the situation, you may also be issued a No Contact Directive (see above).

Alternative response options are not considered disciplinary and are not recorded in an employee’s personnel file or considered a conduct violation for students.

See information about Formal Investigations below.

If you received a Notice of Investigation (NOI), please read the entire document thoroughly.

A formal investigation concludes with factual findings and a decision about whether you violated campus policy, which could result in sanctions. For more information on situations where the respondent is a student, visit this page. For more information on situations where the respondent is a UW employee or guest, read Section VIII of the UW-Madison Policy on Sexual Harassment and Sexual Violence. You have the right to an advisor during all stages of this process.

Investigations regarding alleged violations of this policy will be conducted using the applicable university investigatory or disciplinary procedures described in the linked policy. Before any sanctions can be imposed, the disciplinary procedures that will be used will be based on the relationship of the respondent with the university.

If you have received an NOI and have questions, you are always welcome to schedule an informational meeting to learn about the process before you agree to be interviewed or otherwise participate in the process.

If you have been contacted regarding a formal investigation, you should consider preserving and/or providing evidence that might be relevant to the 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 other witness about what happened.
• Any other recordings or documentation of events, such as calendars or journals.
• 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 the types of evidence described above, you can still participate in an interview or provide a written statement in response to the allegations. You can also suggest witnesses for the investigator to interview.

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 in the UW-Madison Policy on Sexual Harassment and Sexual Violence, 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 17.085 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.

Criminal conduct may also be reported to law enforcement. Any criminal conduct can be reported to police.

UWPD is a full-service, 24-hour law enforcement agency. UWPD officers have the authority to make an arrest, regardless of accused’s association with UW-Madison. Contact: UWPD (608-264-2677).

Other local law enforcement agencies include:

• Madison Police Department
• Dane County Sheriff’s Office

Campus Process

• Penalties are given for violations of university policy
• Responsibility findings are based on the “preponderance of the evidence” standard
• 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 criminal conviction
• Only able to take action on conduct that violates criminal law