Title IX – Complaint Process: Student Incident

If a report is received alleging that a student has engaged in conduct that may violate UWS Chapter 17 as it applies to Title IX, including sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, and/or stalking, the information will be provided to the Title IX Coordinator within the Office of Compliance.  In such cases, the Title IX coordinator serves as the primary investigator, although in some cases, the Title IX Coordinator will be assisted by additional investigators who are hired on a contract basis.

In most cases, the Title IX Coordinator will start by contacting the complainant and asking the complainant’s consent to proceed with an investigation.  If the complainant agrees to be interviewed, the complainant may be accompanied by a person of their choosing and will meet with the assigned investigator to provide a statement. The complainant will also be asked to provide any documentary evidence (text messages, social media posts, etc.)  the complainant wants to be considered during the investigation and to identify any people who might provide information to support the complainant’s statement.

Once the complainant interview is complete, the investigator will send a letter to the respondent that describes the alleged misconduct and invites the respondent to meet with the investigator to respond to the allegations.  The respondent may be accompanied by a support person of their choosing at the meeting.  The respondent will also be asked to provide any documentary evidence (text messages, social media posts, etc.) the respondent wants to be considered during the investigation and to identify any people who might provide information to support the respondent’s statement.

The investigator will also interview relevant witnesses and/or review relevant witness statements, if any, and review any documentary evidence provided by the complainant, the respondent or other sources, including witnesses.

Once this investigation is complete, the investigator will prepare a report outlining the information gathered during the investigation.  Both the complainant and the respondent are afforded an opportunity to review the report for accuracy before it is submitted.

The report is then submitted to the Office of Student Conduct and Community Standards (OSCCS). The staff member in the OSCCS assigned to the case will review the information in the report to determine whether any violation of UWS Chapter 17 occurred. The OSCCS staff member consults with at least two other OSCCS staff members in making this determination.

Once a decision has been reached, the OSCCS staff member sends a letter to both the complainant and the respondent outlining the findings and, where applicable, the recommended sanction(s).

If the OSCCS staff member determines the student respondent is not responsible for the alleged misconduct by a preponderance of the evidence:

The complainant may appeal the OSCCS staff member’s determination. The appeal must be made, in writing, within fourteen days of receiving written notification of the OSCCS staff member’s “no preponderance” determination. The appeal should be sent to the Office of the Chancellor at: chancellor@news.wisc.edu.

Upon receiving a timely written appeal of a “no preponderance” determination, the Office of the Chancellor or designee will notify the student respondent.

The chancellor or designee shall issue a written decision within thirty days.  The chancellor’s or designee’s decision shall be based upon the record gathered during the investigation. The decision of the OSCCS staff member will be upheld unless the chancellor or designee finds:

(a) The information in the record does not support the findings or decision;

(b) Appropriate procedures were not followed which resulted in material prejudice to the student respondent or complainant; or

(c) The decision was based on factors proscribed by state or federal law.

The written decision will be simultaneously sent to the complainant and the respondent. If the determination of “no preponderance” is reversed, the chancellor or designee may: send the case back for further investigation, send the case back for hearing, or order other appropriate relief not inconsistent with the Wisconsin Administrative Code (UWS) Chapter 17.

If the determination of “no preponderance” is upheld, the complainant may appeal to the Board of Regents of the University of Wisconsin System. The Board of Regents, in its discretion, may consider an appeal based on the written record. The appeal must be made, in writing, within fourteen days of receiving the written decision from the chancellor or designee. The appeal should be sent to the Office of the Board of Regents at: jradue@uwsa.edu.

If the OSCCS staff member determines that the preponderance of the evidence supports a finding that misconduct occurred:

The respondent has the right to a formal hearing to contest the determination that the respondent engaged in misconduct, contest the disciplinary action recommended, or both.  The hearing may be scheduled at the respondent’s request or may be scheduled automatically, depending on the recommended sanction.  In cases where the recommended discipline includes suspension or expulsion, UWS Chapter 17 provides for the hearing to be scheduled automatically unless the respondent waives the right to the hearing in writing.

Hearings for cases involving allegations of sexual harassment, sexual assault, dating/domestic violence, and stalking are conducted only via hearing committee. The committee for a specific case is composed of at least three members with at least one student member.

OSCCS will take action to schedule the hearing, typically within 15 days of the issuance of the findings from the investigation stage or from the receipt of the respondent’s request for a hearing. The hearing itself is typically scheduled with 45 days of the issuance of the findings from the investigation stage or from the receipt of the respondent’s request for a hearing.

No less than 5 days before the hearing, OSCCS provides to the hearing committee, in writing, a full explanation of the facts upon which the determination of misconduct was based.  OSCCS also provides the respondent and complainant access to or copies of OSCCS’s explanation for the findings from the investigation stage, together with any other materials provided to the committee by OSCCS the investigating officer.  [Note: Information about the complainant’s or respondent’s past disciplinary history, if any, will not be shared with the opposite party unless permitted by the Family Educational Rights and Privacy Act (FERPA).]

In any hearing (whether by student request or automatically scheduled) the complainant and the respondent maintain the right to be accompanied by a support person, including the right to be advised by counsel at their own expense, the right to question witnesses, and the right to obtain a copy of the audio recording of the hearing.

As per UWS Chapter 17.12(4)(b), at all times, the respondent shall have the opportunity to hear and respond to the information presented against them and be afforded the opportunity to present questions to adverse witnesses, including the complainant.

Hearing procedures may be modified to allow the complainant to provide information in a manner that does not require direct interaction with the respondent. Such modifications may include, but are not limited to, having the complainant and respondent pose questions to each other through their respective advisors or through the hearing committee.

Only material witnesses may address a hearing committee. Character statements may be included in written materials considered by the committee.

A support person is permitted to speak at the hearing only if the sanction recommended is suspension, expulsion, or if there is a concurrent criminal case.

The committee determines, by majority vote using a preponderance of the evidence standard, whether or not the respondent is responsible for violating UWS Chapter 17 and, if so, what sanctions will be imposed.

The complainant and the respondent are notified in writing of the result of the disciplinary hearing and the procedures for appeal.  The parties also receive written notification of any change in the result that subsequently occurs and when the results become final.

If the complainant or respondent want a written transcript of the proceedings, they may have one prepared at their own expense.

Both the complainant and student respondent may appeal in writing to the chancellor within 14 days of the date of the decision of the hearing committee. The appeal is based upon the record. The other party will be notified of an appeal.

The chancellor or designee has 30 days from receipt of an appeal to respond and will uphold the decision unless the chancellor or designee finds any of the following:

• the information in the record does not support the findings or decision;
• appropriate procedures were not followed which resulted in material prejudice to the respondent or complainant; or,
• the decision was based on factors proscribed by state or federal law.

If the chancellor or designee finds one of those factors exist, the chancellor or designee may return the matter for consideration, or may invoke an appropriate remedy of their own.

The appeal decision will be communicated in writing to the respondent and the complainant.

Appeal decisions by the chancellor or designee are final, except that the Board of Regents may, at its discretion, grant a review upon the record, upon written request submitted by any party within 14 days of the appeal decision. The non-appealing party will receive notice of the appeal to the Board of Regents.

The Board of Regents, in its discretion, may consider an appeal based on the written record. The timeline for the resolution of the appeal to the Board of Regents is at the discretion of the Board of Regents. The appeal should be sent to the Office of the Board of Regents at: board@uwsa.org. Appealing parties should submit a written position statement that addresses the following:

1. whether the case involves substantial constitutional claims,
2. whether there is a serious concern that the chancellor has abused his/her discretion or exceeded his/her authority,
3. whether the decision made at the institutional level could have system-wide implications, or
4. whether the final institutional decision is based upon facts not supported by the record, resulting in material prejudice to the individual seeking the review.

If the Board grants review, the subcommittee may receive additional information for consideration, including oral presentations, and then makes a recommendation to the full Board.

Retaliation against a complainant or respondent for exercising his or her rights under these procedures is prohibited and may be conduct subject to separate disciplinary action pursuant to UWS Chapter 17.09. A complainant or respondent who has experienced retaliation should notify OSCCS, the Title IX Coordinator or the Dean of Students Office.