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Title IX/Sexual Harassment Policy and Procedures

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Applicable Federal Law

This policy addresses the requirements of Title IX of the Education Amendments of 1972 (“Title IX”), which is a federal law that prohibits sex discrimination in federally funded education programs and activities. Title IX states as follows:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Discrimination on the basis of sex (i.e., sex discrimination) includes sexual harassment, sexual assault and sexual misconduct. Title IX prohibits sex discrimination in both the educational and employment settings.

Policy Statement

It is the policy of the College to provide an educational, employment, and business environment free of all forms of sex discrimination, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, as defined in this policy and as otherwise prohibited by state and federal statutes. Sexual harassment, including acts of sexual assault and sexual misconduct, is a form of sex discrimination and is prohibited at the College. The sexual harassment of College students, faculty, and staff by non-College employees and guests doing business or providing services on campus (e.g., contractors and vendors) also is prohibited by this policy. This policy applies to all College students, faculty, and staff, to other members of the Wisconsin Lutheran College Community, and to contractors, consultants, and vendors doing business or providing services to the College.

College Statement on Sexuality

The College holds to the unchanging truth of the Bible that sexual intercourse is reserved for the marriage of one man and one woman as his gift and for the sake of families.The Bible condemns as sin premarital sex and the trivializing of God’s gift of sex in pornography, sexually suggestive behavior, or sexual harassment, as well as in homosexual acts.

Alleged or Suspected Violations of this Policy

Wisconsin Lutheran Collegeis committed to investigating all possible violations of this policy about which the school knows or reasonably should know (also referred to in this policy as “alleged or suspected violations of this policy”), regardless of whether a complaint alleging a violation of this policy has been filed and regardless of where the conduct at issue occurred. The College’s ability to investigate in a particular situation, or the extent of the investigation in any given situation, may be affected by any number of factors, including whether the complainant is willing to file a complaint or to consent to an investigation, the location where the alleged conduct occurred, and the College’s access to information relevant to the alleged or suspected violation of this policy. The College is nonetheless committed to investigating all alleged and suspected violations of this policy to the fullest extent possible under the circumstances.

Title IX Coordinators

Any inquiries regarding Title IX or this policy should be directed to one or more of the Title IX Coordinators identified below.These Coordinators will be available to meet with students regarding issues relating to Title IX and this policy.

Lead Title IX Coordinator

The Lead Title IX Coordinator is responsible for implementing and monitoring Title IX Compliance on behalf of the College. This includes coordination of training, education, communications, and administration of grievance procedures for the handling of complaints alleging violations of this policy.

Nathan Strobel
Campus Pastor
C202
Nathan.Strobel@wlc.edu
443-8825

Deputy Title IX Coordinators

The Deputy Title IX Coordinators are responsible for implementing and monitoring Title IX compliance at the College and for notifying the Lead Title IX Coordinator of any alleged or suspected violations of this policy and the resolution of such alleged or suspected violations, regardless of whether a complaint is filed.

Students, faculty, and staff who have a complaint against a student, faculty, staff member, or other individual involving allegations of sex discrimination, sexual harassment, or sexual assault in violation of this policy should contact either of the Deputy Title IX Coordinators. In addition to contacting a Deputy Title IX Coordinator, individuals who have experienced sexual harassment or other acts of sexual assault may contact proper law enforcement authorities, including local police and any law enforcement officials at the school. In compliance with Section 940.34 Wis. Stats., which states, in part: “Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim,” the Deputy Title IX Coordinators are obligated to contact the law enforcement agency with jurisdiction over the college when the victim has been exposed to bodily harm.

Karen Fischer
Health Resources
D529
Karen.Fischer@wlc.edu
443-8549

Adam Volbrecht
Leadership Dev.
E1113
Adam.Volbrecht@wlc.edu
443-8689

College Statement on Sexuality

The College holds to the unchanging truth of the Bible that sexual intercourse is reserved for the marriage of one man and one woman as his gift and for the sake of families.The Bible condemns as sin premarital sex and the trivializing of God’s gift of sex in pornography, sexually suggestive behavior, or sexual harassment, as well as in homosexual acts.

The acts listed below are included to clarify examplesof acts which would qualify as gender-based discrimination or harassment against those with protected status under Title IX.

The listing of these examples does not preclude nor set aside the College’s formal codes of conduct listed elsewhere in College publications, handbooks, or addendums to the like.Violations of the College’s codes of conduct may not constitute a violation of the Title IX/Sexual Harassment policy but would be addressed under the proper College codes as found in the Student Code of Conduct or other applicable polices.

Definition and Examples of Conduct Prohibited Under this Policy

Prohibited conduct includes all forms of sex discrimination and sexual harassment, as well as all types of sexual assault. Sexual harassment, which includes sexual assault and sexual misconduct, may take many forms.

1. Sexual Harassment

   Sexual Harassment is:

   • unwelcome, gender-based verbal or physical conduct that is,
   • sufficiently severe, pervasive, and objectively offensive that it,
   • unreasonably interferes with, limits or deprives someone of the ability to participate in or benefit from the College’s education program and/or activities, and is
   • based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation

   Sexual harassment may consist of repeated actions or may even arise from a single incident if sufficiently extreme. The complainant and the alleged perpetrator may be of either gender and need not be of different genders.

2. Sexual Assault

   Sexual assault is a particular type of sexual harassment that includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol.

   Non-Consensual Sexual Contact^[1] is:

   • any intentional sexual touching,
   • however slight,
   • with any object,
   • by a man or a woman upon a man or woman,
   • that is without consent and/or by force^[2]

   Non-Consensual Sexual Intercourse^[3] is:

   • any sexual intercourse
   • however slight,
   • with any object,
   • by a man or woman upon a man or a woman,
   • that is without consent and/or by force.

3. Sexual Exploitation and Sexual Misconduct

   Sexual Exploitation and Sexual Misconduct occurs when a student/employee takes non-consensual or abusive sexual advantage of another.

   Examples of sexual exploitation and sexual misconduct include, but are not limited to:

   • Invasion of sexual privacy
   • prostituting another student
   • non-consensual video or audio-taping or broadcasting of sexual activity
   • engaging in voyeurism
   • exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals
   • sexually-based stalking and/or bullying may also be forms of sexual exploitation
   • Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, molestation, or attempts to commit these acts
   • The use or display in the classroom or workplace, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification
   • Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person's sexuality or sexual experience.
   • Sexual activity with someone who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated^[4] (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.
   • This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of drugs.

Use of alcohol or drugs will never function as a defense for any behavior that violates this policy.

Once again, the College holds to the unchanging truth of the Bible that sexual intercourse is reserved for the marriage of one man and one woman as his gift and for the sake of families.The Bible condemns as sin premarital sex and the trivializing of God’s gift of sex in pornography, sexually suggestive behavior, or sexual harassment, as well as in homosexual acts.

Reporting Alleged Violations of this Policy; Investigation

As noted above, a student, faculty member, or staff member who has a complaint against a student, faculty, staff member, or other individual involving allegations of sex discrimination or sexual harassment should contact a Deputy Title IX Coordinator. Although there is no specific time limit for reporting a suspected violation of this policy, an employee or student who believes that he or she has been subjected to conduct that violates this policy is encouraged to contact a Deputy Title IX Coordinator as soon as possible after the alleged act of discrimination, harassment, sexual assault, sexual misconduct or retaliation to discuss the available options for proceeding. Once the Deputy Title IX Coordinator has received a report of sexual harassment or sexual assault involving bodily harm, the Coordinator will contact the local law enforcement agency with jurisdiction over the College. The report to law enforcement is made in compliance with Section 940.34 Wis. Stats., which states, in part:“Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.” The victim of sexual assault also may choose to file a criminal complaint against the alleged perpetrator.Any pending criminal investigation or criminal proceeding may have some impact on the timing of the College’s investigation, but the College will commence its own investigation as soon as is practicable under the circumstances. The College reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.

The relevant Deputy Title IX Coordinator (or his or her designee) will conduct an investigation either alone or with one or more other College officials as deemed appropriate by the College. The investigation will be completed within sixty (60) days of the filing of a complaint or the date on which the College becomes aware of a suspected violation of this policy unless the College determines in its discretion that more time is required to complete the investigation. As part of the investigation, the Deputy Title IX Coordinator (or designee) will seek to interview the complainant and the accused. To help ensure a prompt and thorough investigation, complainants are encouraged to provide as much of the following information as possible:

• The name, department, and position of the person or persons allegedly causing the sex discrimination, sexual harassment, sexual assault, sexual misconduct or retaliation.
• A description of any relevant incident(s), including the date(s), location(s), and the presence of any witnesses.
• The alleged effect of the incident(s) on the complainant’s academic standing, educational benefits or opportunities, position of employment, salary, employee benefits, promotional opportunities, or other terms or conditions of employment.
• The names of other students or employees who might have been subject to the same or similar sex discrimination, sexual harassment, or retaliation.
• Any steps the complainant has taken to try to stop the discrimination, harassment, or retaliation.
• Any other information the complainant believes to be relevant to the alleged discrimination, harassment, or retaliation.

The accused also is encouraged to provide as much information as possible in connection with the investigation.

The College reserves the right to suspend or place on immediate administrative leave any member of the campus community accused of violating this policy, or to take any other interim measures the College deems appropriate, pending the outcome of an investigation and/or disciplinary proceedings.Such interim measures can include, but are not limited to, placing an employee on paid or unpaid administrative leave, removing a student from campus housing and/or current classes, modifying course schedules, and issuing a “no contact” order.

Disciplinary Actions for Violations of this Policy; Other Corrective Actions

Employees and/or Students who are found to have violated this policy will be subject to disciplinary action, up to and including expulsion or dismissal in accordance (i) with the provisions of any applicable Student Code of Conduct (or other comparable policy); and (ii) with the additional provisions set forth in the “Grievance Procedures” section of this policy. Faculty and staff who are found to have violated this policy will be subject to disciplinary action, up to and including discharge or termination in accordance (i) with any applicable policies or procedures governing disciplinary action against faculty and staff and; (ii) with the additional provisions set forth in the “Grievance Procedures” section of this policy, to the extent these additional provisions are applicable. Guests and other third parties who are found to have violated this policy will be subject to corrective action deemed appropriate by the College, which may include removal from the campus(es) and termination of any applicable contractual or other arrangements. In instances where the College is unable to take disciplinary action in response to a violation of this policy because a complainant insists on confidentiality or for some other reason, the College will nonetheless pursue other steps to limit the effects of the conduct at issue and prevent its recurrence.

Retaliation

Retaliation exists when action is taken against a complainant or participant in the complaint process that (i) adversely affects the individual’s employment or academic status; and (ii) is motivated in whole or in part by the individual’s participation in the complaint process.

Prohibition Against Retaliation

No individual who makes a complaint alleging a violation of this policy or who participates in the investigation or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation. Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including expulsion/dismissal for students and termination/dismissal for faculty and staff.

Confidentiality

To the extent permitted by law, the confidentiality of all parties involved in the resolution of alleged or suspected violations of this policy will be observed, provided that it does not interfere with the College’s ability to conduct an investigation and take any corrective action deemed appropriate.

Grievance Procedures

All incidents of sexual harassment, sexual assault, and sexual misconduct, as well as any acts of prohibited retaliation, should be reported as outlined above. The College will promptly and equitably investigate and resolve all suspected or alleged violations of this policy. The College also reserves the right to take steps to protect the complainant as deemed necessary during the pendency of the investigation and resolution process (e.g., allowing for a change in academic situation, issuing a “no contact” order to the accused, etc.). Any such interim steps will be taken in a manner that minimizes the burden on the complainant to the extent possible.

Informal Resolution Process

Allegations of sexual assault may not be resolved using an informal resolution process (i.e., mediation). However, some allegations of sexual harassment may be resolved using an informal resolution process overseen by one or more school representatives if (i) the school determines, in its discretion, that such a process would be appropriate; and (ii) both the complainant and accused agree to participate. The parties to any such informal process will not be required to deal directly with one another. Instead, one or more school representatives may arrange for or facilitate mediation between the involved parties and coordinate other informal resolution measures. Either the complainant or the accused may request that the informal resolution process be terminated at any time, in which case the formal resolution process (described below) would commence.

The informal resolution process typically includes the following elements, which may be modified to fit the circumstances of a particular case:

• Although there is no specific time limit for reporting a suspected violation of this policy, an employee or student who believes that he or she has been subjected to conduct that violates this policy is encouraged to contact the Lead or Deputy Title IX Coordinator as soon as possible after the alleged act of discrimination, harassment, or retaliation occurs in order to discuss the available options for proceeding.
• The relevant Deputy Title IX Coordinator (or his or her designee) will conduct an investigation either alone or with one or more other school officials as deemed appropriate by the College.The investigation will be completed within sixty (60) days of the filing of a complaint or of the date on which the College becomes aware of a suspected violation of this policy unless the College determines that more time is required to complete the investigation.
• Within seven (7) days of the conclusion of the investigation, both the complainant and the accused will be informed in writing of the outcome of the investigation, including whether there has been a determination that this policy has been violated.This written notice will be issued concurrently to the complainant and the accused.
• If there is a finding that this policy has been violated, the College will take appropriate corrective action to eliminate the policy violation, prevent the recurrence of the violation, and address the effects of the violation.
• If either the complainant or the accused is dissatisfied with the outcome of the informal resolution process, the party may institute the formal resolution process described below within seven (7) days of receiving written notice of the outcome of the informal resolution process.

Formal Resolution Process

The formal resolution process applies (i) when either the complainant or the alleged perpetrator so requests in connection with a matter that is eligible for informal resolution; and (ii) to all matters that are not eligible for informal resolution (i.e., matters involving alleged or suspected sexual assault or sexual violence). The College also may elect to use the formal resolution process in any matter when it is deemed appropriate. The formal resolution process may vary depending on whether the alleged perpetrator is a student, faculty member, or staff member. If the alleged perpetrator is a student, the matter will be resolved in accordance (i) with the provisions of the any applicable Student Code of Conduct Policy^[5] (or other comparable policy); and (ii) with the additional procedural protections set forth below.If the alleged perpetrator is a faculty member or staff member, the matter will be resolved in accordance (i) with any applicable policies or procedures governing disciplinary action against faculty and staff and; (ii) with the additional procedural protections set forth below, to the extent these additional provisions are applicable to matters involving faculty members and staff.

Additional procedural protections include the following:

• Standard for Determining Responsibility. The standard used to determine whether this policy has been violated is whether it is more likely than not that the accused violated this policy.This is often referred to as a “preponderance of the evidence” standard.
• Rights of Complainants and Accused Parties; Timing of Resolution. Complainants and accused parties shall be provided with the following in connection with any hearing or other proceeding used to reach a decision regarding whether any violation of this policy has occurred.The following items are not required in connection with any interviews or other meetings that are part of the investigation process but, rather, are required only in connection with a hearing or other proceeding convened for the purpose of determining whether a violation of this policy has occurred (whether before a committee, hearing panel, hearing board, or individual school representative). The College will endeavor to conclude any hearing or other proceeding and notify the parties of the outcome within thirty (30) days after the formal resolution process commences unless the College determines that more time is required.

  Rights of Complainants

  • The opportunity to speak on one’s own behalf.
  • The opportunity to be accompanied by a non-attorney advisor or support person from the campus community.
  • The opportunity to present witnesses who can speak about the alleged conduct at issue.
  • The opportunity to present other evidence on one’s own behalf.
  • The opportunity to attend the entire hearing or other proceeding, except for the deliberation phase.
  • The opportunity to testify on one’s own behalf.
  • The opportunity to review any information that will be offered by the alleged perpetrator at a hearing or proceeding prior to the time that it is offered (to the greatest extent possible and consistent with FERPA or other applicable law).
  • The right to be informed of the outcome of the hearing or other proceeding.
  • The opportunity to appeal the outcome of the hearing or other proceeding.

  Rights of Accused Parties

  • The right to a written explanation of the alleged violations of this policy;
  • The opportunity to speak on one’s own behalf;
  • The opportunity to be accompanied by a non-attorney advisor or support person from the campus community;
  • The opportunity to present witnesses who can speak about the alleged conduct at issue;
  • The opportunity to present other evidence on one’s own behalf;
  • The opportunity to attend the entire hearing or other proceeding, except for the deliberation phase;
  • The opportunity to testify on one’s own behalf;
  • The opportunity to review any information that will be offered by the complainant at a hearing or proceeding prior to the time that it is offered (to the greatest extent possible and consistent with FERPA or other applicable law).
  • The right to be informed of the outcome of the hearing or other proceeding; and
  • The opportunity to appeal the outcome of the hearing or other proceeding.
• Sanctions; Corrective Actions. The College will take reasonable steps to prevent the recurrence of any sexual harassment or other sex discrimination and to correct the discriminatory effects on the complainant (and others, if appropriate).Examples of the range of potential sanctions/corrective actions are referred to in the Student Code of Conduct Policy and any related policies set forth in the College’s catalog or Student Handbook. The College also may take any other corrective action that it deems appropriate under the circumstances.
• Notification of Outcome; Results of Hearings/Proceedings. After the conclusion of the hearing or other proceeding, the College will provide written notification to the complainant party and the alleged perpetrator involved of the outcome (i.e., whether a violation of this policy has occurred) within seven (7) calendar days after the conclusion of any hearing or proceeding, unless the school determines that additional time is required.This notice shall be issued contemporaneously to both parties to the extent practicable. The College also may disclose to the complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order). In no event will the complainant be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome. The College will maintain documentation of all hearings or other proceedings, which can take various forms (e.g., notes, written findings of fact, transcripts, or audio recordings, etc.).
• Right to Appeal.Once written notification of the resolution has been provided, either the complainant or the alleged perpetrator will have the opportunity to appeal the outcome, including the issue of whether there is a policy violation and any sanction(s) imposed.Any appeal must be submitted in writing to the relevant Deputy Title IX Coordinator within seven (7) calendar days of being notified of the outcome and must set forth the grounds upon which the appeal is based. Appeals will be resolved in accordance with any applicable procedures found in the Student Code of Conduct Policy or other applicable procedure regarding disciplinary actions taken against faculty and staff members. Absent an otherwise applicable appeal procedure, a designated College representative shall resolve the appeal. Neither the complainant nor the alleged perpetrator will be entitled to a hearing in connection with any appeal, but the College may request written submissions from either party or consider any other information as deemed appropriate by the school. Both parties will be informed in writing of the outcome of any appeal within fourteen (14) days of the date by which all requested information is received unless the school determines that additional time is required.

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