«NOTICE OF NON-DISCRIMINATION Mid-State Technical College does not discriminate on the basis of sex in its education programs and activities and is ...»
Policy Section: ADMINISTRATION
Policy Title: SEXUAL ASSAULT & SEXUAL MISCONDUCT
NOTICE OF NON-DISCRIMINATION
Mid-State Technical College does not discriminate on the basis of sex in its education programs and
activities and is required by Title IX not to discriminate in such a manner. Questions regarding Title IX
and this Policy may be referred to the College’s Title IX Coordinator or the Department of Education’s Office of Civil Rights.
TITLE IX COORDINATORMid-State’s Title IX Coordinator, Richard O’Sullivan, can be used by any community member as a resource for understanding the College’s Title IX obligations, this Policy and navigating the investigative and judicial process. Faculty or staff supporters should consult the Coordinator with questions about how to best support students going through the reporting/investigation process. The Title IX Coordinator is not a confidential resource. You may contact the Title IX Coordinator during normal
by phone at (715) 422-5325 via e-mail at firstname.lastname@example.org In person or via mail:
Mid-State Technical College Wisconsin Rapids Campus 500 32nd Street North Wisconsin Rapids, WI 54494
SEXUAL HARASSMENT POLICY
found in the Student and Employee Right to Know and online at:
SEXUAL ASSAULT AND SEXUAL MISCONDUCT POLICYSexual assault and sexual misconduct, including non-consensual intercourse and non-consensual sexual contact, seriously infringe on the rights of others, violate the standards of acceptable behavior at MidState and may be illegal in the State of Wisconsin. Mid-State expects all members of the college community and their guests to conduct themselves in a responsible manner, showing respect for others and for the community at large. Mid-State is subject to, abides by, and supports the Wisconsin State statutes and local ordinances regarding criminal sexual assault and sexual contact.
Mid-State policy requires a non-intoxicated, verbal, mutually understood “Yes” for sexual contact or intercourse to be considered consensual. Non-verbal actions or the absence of “No” should not be considered invitations for intercourse or sexual contact. Consequently, returning to an individual’s room, Page 1 of 10 being physically aroused, removing clothing, stroking, assenting to dancing or cuddling, obtaining contraception, etc. are not the same as a non-intoxicated, verbal, mutually understood “Yes” and therefore do not constitute consent.
Students who have been sexually assaulted, have witnessed a sexual assault or have information about a sexual assault are urged to report the information to any responsible employee or the Dean, Student Support, Christina Lorge-Grover at (715) 422-5526 or via email at: email@example.com.
Mid-State will do all that is reasonably possible to offer safety, privacy, sensitivity, and support to persons reporting sexual assault and sexual misconduct, as well as offer educational programming to decrease the risk of sexual assault and sexual misconduct on campus. The College urges students to learn about the steps that can be taken to prevent sexual assault and sexual misconduct. Should the College believe that a threat exists to the safety or security of a person filing a complaint, or to others, it will take reasonable steps to attempt to mitigate that threat.
CONSENT Mid-State policy requires that sexual intercourse and/or sexual contact be consensual. A nonintoxicated, verbal, mutually understood “Yes” defines consent at Mid-State.
Mid-State recognizes that sexual assaults occur under a variety of circumstances:
On- and off-campus Between people of any gender or sexual identity Between students, faculty, staff, alumni, and visitors to campus Where consent existed and was retracted When impaired by drugs and/or alcohol Regardless of any previous interaction or relationship No matter what the circumstances, sexual assault violates the standards of acceptable behavior at MidState.
STATE & FEDERAL LAW Mid-State students are subject to the Wisconsin State Statues and federal laws regarding sexual assault and other sex related acts. Wisconsin law makes no reference to the gender of either the victim or assailant. Sexual assault victims of any gender are protected by the law, and assailants of any gender can be prosecuted under the law. For more information, review the Wisconsin State Statute 940.225 at http://www.legis.state.wi.us/rsb/stats.html. Sex with a person under the age of 18 in Wisconsin is a violation of state law and of the College’s policy. Persons under the age of 18 cannot give consent to sexual interactions.
Mid-State Technical College’s Definition of Consent Mid-State defines consent more strictly than Wisconsin or Federal law. Mid-State requires that consent to sexual activity be informed, freely and actively given through mutually understood words which indicate a willingness to participate in mutually agreed upon sexual activity. Mid-State policy requires a Policy Section: Administration Policy Title: Sexual Assault & Sexual Misconduct Page 2 of 10 non-intoxicated, verbal, mutually understood “Yes” for sexual contact or intercourse to be considered consensual. Consenting to sexual activity requires non-intoxicated, verbal communication that is free of threats, intimidation or other coercion.
Silence, the absence of “No” or inaction does not constitute consent. Non-verbal actions should not be considered invitations for intercourse or sexual contact. Consequently, returning to an individual’s room, being physically aroused, removing clothing, stroking, assenting to dancing or cuddling, obtaining contraception, etc. are not the same as a non-intoxicated, verbal, mutually understood “Yes” and, therefore, do not constitute consent.
Having sex with someone you know to be, or whom you should know to be, below their normal cognitive function is a violation of the Mid-State Sexual Assault policy; sexual contact with anyone who is inebriated, mentally or physically impaired, or incapacitated is a violation of this policy. People who have a mental illness or deficiency, are unconscious for any reason, or are physically unable to communicate are assumed to be incapable of giving consent.
CONSENT UNDER THE INFLUENCE OF ALCOHOL OR DRUGSIf a person chooses to drink alcohol or use other drugs, s/he assumes the risk of impaired thinking and communication. Sex under the influence is a hazardous activity and a violation of College policy. College policy recognizes that someone who is under the influence of drugs and/or alcohol may be physically unable to communicate and therefore may be unable to give consent. Consenting to sexual activity requires non-intoxicated, verbal, mutually understood communication, free of threats, intimidation or other coercion. Being drunk is never an excuse for raping or assaulting someone. Having sex with someone you know to be, or whom you should know to be, below their normal cognitive function is a violation of the Mid-State Sexual Assault policy; sexual contact with anyone who is inebriated, mentally or physically impaired, or incapacitated is a violation of this policy.
In the case of each party being impaired by drugs or alcohol, the hearing officer will seek to understand which party initiated sexual contact and was therefore seeking consent, and which party was most impaired. Both factors will weigh into the hearing officer’s decision-making about whether college policy was violated.
Definition of Sexual Assault
1. Non-Consensual Sexual Intercourse (or Rape):
Non-consensual sexual intercourse includes vaginal penetration however slight, by a penis, object, tongue or finger, anal penetration by a penis, object, tongue or finger, and oral copulation, mouth to genital contact or genital to mouth contact without a non-intoxicated, verbal, mutually understood “Yes”.
2. Non-Consensual Sexual Contact:
Non-consensual sexual contact is any touching however slight, with any object or body part, of the breasts, buttocks, groin, or genitals, or touching either directly or through clothing, or making a person touch another or himself/herself on the breasts, buttocks, groin or genitals, either If this is an issue of sexual harassment, please refer to Mid-State’s policy on Equal Opportunity,
Harassment, and Affirmative Action online at:
SEXUAL MISCONDUCT POLICYSexual misconduct is when an individual takes non-consensual, unjust, or abusive advantage of another for his/her own advantage or benefit or to advantage or benefit anyone other than the one being exploited and that behavior does not otherwise constitute rape, sexual assault, or sexual harassment.
No matter what the circumstances, sexual misconduct violates the standards of acceptable behavior at Mid-State.
REPORTING POLICY VIOLATIONSIf you are a victim of sexual harassment, violence or assault, Mid-State urges you to report it.
A report is written documentation of sexual harassment, assault/misconduct. It contains the name(s) of those involved, the date, time, and location of the alleged event, and a short written summary of what is reported. When a student reports a violation of the sexual assault/misconduct policy, the College will investigate. Coordinators will consult with the complainant about his/her wishes regarding how the investigation should proceed; the College may investigate even if the complainant decides not to participate.
The College will work with students to facilitate interim measures regarding living, academics, transportation, and working situations as requested and needed, regardless of whether campus security or local police authorities are involved.
There is no statute of limitations for college complaints, but potential complainants are reminded that the College’s ability to effectively investigate complaints can be impaired or negated as time passes.
Employees who witness or receive a first-hand report of sexual harassment, assault, stalking, or dating or domestic violence should contact the Title IX Coordinator whose office has been designated to receive reports from employees.
Students who experience, witness, or receive a first-hand report of sexual harassment, assault, stalking, or dating or domestic violence are strongly encouraged to contact the Dean, Student Support whose office has been designated to receive reports from students and will assist them in this process. Students are also encouraged to contact law enforcement in the jurisdiction in
which the incident took place to file a report:
Confidential Resources. Students wishing to talk to someone on a confidential basis may do so.
At Mid-State Technical College, the following counselors in Student Services are not required to disclose information as they have professional obligations to maintain the confidentiality of their
CONFIDENTIALITY OF THE REPORTTo the extent permissible by law and the needs of the investigation process, Mid-State will endeavor to keep victim information private. However, once a report is made to the College, or the College has notice of an incident of harassment, domestic violence, dating violence, sexual assault or stalking, confidentiality cannot be guaranteed unless that information is reported directly to one of the confidential resources listed above. The College reserves the right (as permitted or required by applicable law) to issue timely warnings and make other announcements to the College community or that there is another significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees on the College’s campus. In making such announcements the College will withhold the name of the victim as confidential to the greatest extent of the law. Under federal law, the College must report the occurrence of certain designated crimes that occur on campus or in certain other designated areas, including forcible and non-forcible sex offenses as defined by the federal government, in an annual security report that is submitted to the U.S. Department of Education.
This security report did not reveal personally identifiable information.
The Title IX Coordinator or his/her designee will meet with the complainant and discuss fully the options afforded to him/her, the rights and responsibilities of both parties (including the right to be accompanied during any college grievance proceeding and any related meeting by an advisor of their choice whose participation will be limited to consulting privately with the party accompanied by the advisor), the investigation process, the prohibition against retaliation, the need to preserve any relevant evidence or documentation in the case, and the availability of interim measures and remedies. At that time, a written complaint may be filed by the complainant, but a written complaint is not necessary.