Title IX and Policy Against Harassment and Discrimination

Title IX

This policy of Wisconsin Lutheran College ("College") addresses the requirements of Title IX of the Education Amendments of 1972 ("Title IX"), federal law prohibiting 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.

Sexual harassment is outlined in the Title IX regulations within three categories: 1. Quid pro quo sexual harassment, 2. Conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies access to the College's educational programs or activities, and 3. Sexual assault, dating violence, domestic violence, and stalking. These categories are all further defined below. Title IX prohibits sex discrimination in both the educational and employment settings.

All individuals are presumed not responsible for violations of this policy until the report of findings has been filed following the conclusion of the grievance process. The grievance process at WLC is outlined below. The goal of the grievance process is to treat both parties equitably.

SAVE, VAWA, Clery Act

The WLC harassment and discrimination policy and procedures outlined below, along with training provided to those involved with institution's disciplinary procedures, and supportive measures offered, satisfy the requirements of the Campus Sexual Violence Elimination (SaVE) Act, a 2013 amendment to the Jeanne Clery Act. The College recognizes that these forms of prohibited conduct have a profound and serious impact on the lives of students, faculty, and staff involved. For the same reason, other forms of harassment and discrimination not of a sexual nature will be dealt with under the same policies and procedures outlined here.

• Title IX applies to all student, faculty, staff, and others participating or attempting to participate in the College's educational programs or activities.
  
  
• Sexual harassment as defined in the prohibited conduct section below and occurs against a person who is participating or attempting to participate in a program or activity at WLC and must occur within the United States. 
  
  
• If an incident has occurred but you are unsure if it fits within one of these categories or does not meet the above qualifications, you are still encouraged to report it to the Title IX Coordinator or use the form to report.
  
  
• The formal grievance process and procedures for Title IX complaints are defined in the Grievance Procedures section below.
  
  
• If a case does not fall under Title IX, it will be adjudicated through the applicable system: student conduct system, Human Resources office, or the office of the Vice President for Student Life. 

The Title IX Coordinator is responsible for WLC's compliance with Title IX regulations. The Title IX Coordinator coordinates the College's Title IX response, conducts trainings with Title IX team, faculty, staff, and students, and enforces sanctions/remedies based on findings of Title IX investigation. When the Title IX Coordinator is notified of a report, supportive measures will be offered to all Complainants regardless of if a formal complaint is signed. 

WLC's Title IX Coordinator is Jamie Brock. A report can be made in person during office hours, or 24/7 by phone, email, or the reporting form online.  

Jamie Brock
Title IX Coordinator 
Assistant Director of Residence Life 
Office: Fischer Hall 2112
Phone: 414.443.8762
Email: Jamie.Valerio@mail.wlc.edu

Other Title IX Team Members

Investigator: Responsible for gathering evidence, meeting/interviewing Complainant, Respondent, and witnesses. Reports all findings of fact in investigation report to be shared with both parties (as well as available at live hearing). Investigators handle cases in teams of 2 if possible. 

Investigators

Jamie Brock, Assistant Director of Residence Life, Title IX Coordinator
Bryan Guhr, Campus Safety and Security Coordinator
Chad Lindemann, Professor of Fine Art and Media Design
Megan Slaker, Assistant Professor of Neuroscience
Adam Volbrecht, Director of Residence Life, Head Men's Golf Coach
Jenilee Voss, Compliance and Senior Woman Administrator, Head Women's Volleyball Coach

Decision Maker: Responsible for determining a Respondent's responsibility for accusations using the preponderance of the evidence standard. Panel of 2 or 3 to be used for each case. Determines relevancy for each question asked at live hearing. 

Decision Makers

Wendy Close, Associate Professor of Psychology
Sheena Finnigan, Assistant Professor of History
Jon Flanagan, Executive Director of Human Resources 
Bryan Guhr, Campus Safety and Security Coordinator
Adam Volbrecht, Director of Residence Life, Head Men's Golf Coach

Advisor: Complainants and Respondents may choose anyone they would like to serve as their Advisor. Serves as the support person for the Complainant or Respondent throughout the Title IX process. The Advisor's role in the hearing is to ask all questions that the party would like to be asked at the live hearing. Can be present for interviews during the investigative process as a support person. Does not need legal experience, but can be a lawyer. WLC has a pool of Advisors who will be assigned if a student does not have one.

Advisors

Barb Mattek, Executive Assistant to the President 
Loni Boyd, Fine Arts General Manager
Jon Lorenzen, Annual Fund and Development Coordinator
Tim Snyder, Media Services Coordinator
Brett Valerio, Registrar
Nikki Wilson, Adult Accelerated Academic Advisor
Curtis Wech, Manager of Enrollment Marketing

Appeals Office: Oversees the appeals process. Cannot be the same as the Title IX coordinator, investigator, or decision makers from the original case. Makes a final decision on all appeals. One appellate officer will be assigned to each case, two if possible based on availability/conflict.

Appeals Officers

Ryan Oertel, Vice President of Student Life
Jason Badura, Assistant Professor of Humanities

On-Campus Confidential Resources

• Greg Lyon
  Campus Pastor
  Gregory.Lyon@wlc.edu
  414.443.8551
  
  
• Wayne Shevey
  Campus Pastor
  Wayne.Shevey@wlc.edu
  414.443.8723
  
  
• Jackie Kacmarynski
  Director of Health Services
  Jackie.Kacmarynski@wlc.edu
  414.443.8549
  wlc.edu/health
  
  
• Text WLCHelp to 262.217.3500 to set up a counseling appointment with a campus counselor or click here to get started.
  
  
• Theology Professors acting in their capacity as a religious counselor in a formal counseling session

Off-Campus Confidential Resources

• Christian Family Solutions Counseling Services
• Christian Life Counseling
• Milwaukee Health Department Domestic & Sexual Assault Resources
• Milwaukee County Crime Victim Resources

External Advocacy Service

• Aurora Health Care Healing and Advocacy Services

Orders of Protection

• Sojourner PDF Booklet: Making Your Restraining Order Work for You

Supportive Measures

Supportive measures are additional resources that are offered as applicable on a case by case basis. Some examples include: mutual no contact order, class scheduling adjustments, housing changes, additional security rounds of a particular area, assistance in scheduling a counseling appointment.

Preservation of Evidence *

Regardless of whether an incident of sexual misconduct is reported to the police or the College, WLC strongly encourages individuals who have experienced sexual misconduct to preserve evidence to the greatest extent possible, as this will best preserve legal options for them in the future. Below are suggestions for preserving evidence related to an incident of sexual misconduct. Each suggestion may not apply in every incident:

• Individuals should consider not altering, disposing of, or destroying any physical evidence of sexual misconduct.
• If there is suspicion that a drink may have been drugged, inform a medical assistance provider and/or law enforcement as soon as possible so they can attempt to collect possible evidence (e.g., from the drink, through urine or blood sample).
• Individuals can preserve evidence of electronic communications by saving them and/or by taking screen shots of text messages, instant messages, social networking pages, or other electronic communications, and by keeping pictures, logs, or copies of documents that relate to the incident and/or perpetrator. This can also include messages sent to a friend or support person explaining what happened.
• If you are experiencing ongoing or repeated abuse or harassment, track dates and times and specific conduct in a calendar or journal. You can also obtain a “stalking booklet” from the police or use a personal calendar to help you keep track. This practice can also help with memory recollection.
• Even if survivors choose not to make a formal complaint regarding sexual misconduct, they may consider speaking with local law enforcement to preserve evidence.
• Because some evidence, particularly evidence that may be located on the body, dissipates quickly (within 48-96 hours), individuals who have been sexually assaulted and wish to preserve evidence should go to a hospital or medical facility immediately to seek a medical examination and/or evidence collection.
• 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.
• An individual who has been sexually assaulted and wishes to preserve evidence should, if possible, not shower, bathe, douche, smoke, brush teeth, eat, drink, use the bathroom, or change clothes or bedding before going to the hospital or seeking medical attention.
• If the individual who has been sexually assaulted decides to change clothes or bedding, and wishes to preserve evidence, they should not wash the clothes worn or bedding used during the assault, and should bring them to a hospital, medical facility, or the police in a non-plastic (e.g. paper) bag.

Clery Report

View Campus Crime Statistics

View Annual Security Report

* This section was adopted from Northwestern University's Sexual Misconduct Response and Prevention webpage and the University of Wisconsin-Madison's Reporting & Response Options webpage.

Institution

You can make a report at any time by contacting WLC's Title IX Coordinator:

Jamie Brock
Title IX Coordinator
Assistant Director of Residence Life
Office: Fischer Hall, 2112
Phone: 414.443.8762
Email: Jamie.Valerio@mail.wlc.edu

OR use WLC's Online Form to Report Sexual Harassment/Assault or Discrimination/Harassment  

Law enforcement/emergency response

• Emergency Response: 911
• Local precinct - Milwaukee District 3 Police Station: 414.935.7232
• Local precinct - Wauwatosa Police Department: 414.471.8430
• Sexual Assault Treatment Center: 414.219.5555
• Froedtert Hospital Emergency Department: 414.805.6717
• Aurora West Allis Emergency Department: 414.219.5938

Bodily Harm

If the Coordinator receives a report of harassment or assault involving bodily harm, local law enforcement will be contacted. 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. The College reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.

Confidentiality vs. Privacy

Privacy refers to the right of an individual to keep his or her information private. Confidentiality refers to the duty of anyone entrusted with information to keep that information private. 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. While confidentiality cannot be guaranteed, care will be taken to keep investigation discussions appropriately limited to protect the identities of the Complainant and Respondent.

Assist and Encourage

WLC embraces the culture of the Warrior Way, that is, for Warriors to take care of Warriors. Our students, faculty and staff are concerned about the well-being of everyone on our campus and we will make an effort to spiritually, mentally, and physically assist and encourage those affected by potential violations of this policy throughout the Title IX process.

All WLC faculty and staff are mandated by the institution to report all incidents of sexual harassment to the Title IX Coordinator. These are different from campus security authorities who are responsible for reporting non-personally identifying data to the Clery Compliance Officer. When a report is received by the Title IX Coordinator, the Coordinator will reach out to the Complainant to offer supportive measures and explain the grievance process including how to sign a formal complaint. Receipt of a report does not determine the beginning of a formal complaint and grievance process.

Prohibited conduct includes harassment and discrimination, including but not limited to sexual discrimination, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, and discrimination or harassment based upon one's race, color, religion, national origin, gender identity, sexual identity, age, genetic information, veteran status, or disability, as well as non-discriminatory harassment.

Discriminatory Harassment

Unwelcome verbal or physical conduct based on race, color, religion, national origin, sex, gender identity, sexual orientation, age, genetic information, veteran status, or disability, when:

• Such conduct has the purpose or effect of unreasonably interfering with the individual's work or educational performance;
• Such conduct creates or has the intention of creating an intimidating, hostile, or offensive working and/or learning environment; or
• Such conduct unreasonably interferes with or limits one's ability to participate in or benefit from an educational program or activity.

Non-Discriminatory Harassment

Non-discriminatory harassment, as defined by WLC Policy, includes any action, language, or visual representation that is sufficiently severe, pervasive, persistent, or patently offensive that it has the effect of unreasonably interfering with that person's work or academic performance, or that creates an intimidating, hostile, or offensive working, educational, or living environment.

It is a violation of this Policy for a member of the Wisconsin Lutheran College community (faculty, staff, student, guest/visitor, or anyone else acting at the instigation of a WLC community member) to:

• Engage in any form of harassment whether intentional or unintentional on the campus or in an off-campus area.
• Retaliate against a person who has initiated an inquiry or complaint having to do with harassment.

A hostile environment is defined as an environment on campus that, through harassing conduct (e.g., physical, verbal, graphic, or written) based on a person's protected status (e.g., sexual orientation, age, etc.), becomes sufficiently severe, pervasive, and objectively offensive so as to interfere with or limit the ability of an individual to participate in or benefit from a College program or activity.

Examples and Definitions of Prohibited Conduct

The acts listed below are included to clarify examples of acts which would qualify as discrimination or harassment against those with protected status under Title IX. View additional examples.

Sex Discrimination

Making a distinction in favor of, or against, a person on the basis of sex rather than on individual merit, or making a distinction on the basis of sex that deprives a person of the ability to participate in or benefit from the college's education program or activities.

Harassment on the basis of sex

Unwelcome, sex or gender-based verbal or physical conduct that unreasonably interferes with, limits, or deprives someone of the ability to participate in or benefit from the College's education program and/or activities; creates a hostile environment, or involves retaliation.

Sexual harassment can be:

• Verbal (e.g. comments about body, spreading sexual rumors, sexual remarks or accusations, dirty jokes, or stories)
• Visual/Non-Verbal (e.g. display of naked pictures or sex-related objects, obscene gestures)
• Physical (e.g. grabbing, rubbing, flashing or mooning, touching, pinching in a sexual way, sexual assault)

Sexual harassment for the purposes of this policy falls under one of the below categories:

1. Quid pro quo
   a. A benefit is directly tied to an unwelcomed sexual advance
   b. Sexual harassment that involves a proposed exchange of actions
   c. Example: A professor offers a student an A on an assignment if they agree to have sex with the professor.
   
   
2. Severe, pervasive and objectively offensive that it effectively denies access to an educational program or activity.
   a. Gender based sexual harassment
   b. Sexual Exploitation/Sexual Misconduct occurs when a student/employee takes non-consensual or abusive sexual advantage of another.
       i. Examples of sexual exploitation and sexual misconduct include, but are not limited to:
             1.  Invasion of sexual privacy
             2. Prostituting another person
             3. Non-consensual video or audio-recording or broadcasting or sharing of sexual activity
             4. Engaging in voyeurism
             5. Exposing one's genitals in non-consensual circumstances; forcing another to expose their genitals
             6. Sexually-based stalking and/or bullying
             7. Use or display in the classroom or any facility of the College, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification
             8. Sexual activity with someone whom one should know to be - or based on the circumstances should reasonably have known to be - mentally or physically incapacitated (by alcohol or other drug ingestion, unconsciousness or blackout), constitutes a violation of this policy.
             9.  Sexual activity with someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of drugs.
             10. Sexual activity of any kind with anyone under the age of 18
        c.  On-line sexual harassment 
   
   
3. Clery crimes
   a.  Sexual Assault
        i. Rape: Forcible¹ penetration, no matter how slight, of the vagina or anus with any body part of object, or oral penetration by a sex organ of another person, without the consent² of the victim. This definition includes any gender of victim or Respondent.
        ii. Fondling: The forcible touching³ of the private body parts of another person for the purpose of sexual gratification without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental or physical incapacity.
        iii. Incest: Non-forcible sexual intercourse⁴ between persons who are related to each other within the degrees wherein marriage is prohibited by law. Wis. Statute 944.06 states “Whoever marries or has non-marital sexual intercourse, as defined in s. 948.01 (6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.”
        iv. Statutory rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent Wis. Statute 942.09 states “A person under the age of 18 is incapable of consent.”
   b. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 
        i. The existence of such a relationship shall be based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
        ii. For the purposes of this definition
             1. Dating violence includes but is not limited to, sexual or physical abuse or the threat of such abuse. 
             2. Dating violence does not include acts covered under the definition of domestic violence.
   c. Domestic Violence: A felony or misdemeanor crime of violence committed by:
        i. A current or former spouse or intimate partner of the victim
        ii. By a person with whom the victim shares a child in common
        iii. By a person who is cohabitating with, or spouse or intimate partner
        iv. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred OR
        v. By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.”
   d. Stalking: Engaging in a pattern of repeated and unwanted attention, harassment, contact, or any course of conduct directed at a specific person that would cause a reasonable person to-
        i. Fear for the person's safety or the safety of others; or
        ii. Suffer substantial emotional distress.
   e. Hazing: Hazing includes but is not limited to any act directed toward an individual, or any coercion or intimidation of an individual to act or to participate in something which a reasonable person would perceive is likely to cause physical or psychological injury and where such act is a condition of initiation into, admission into, continued membership in or association with any group whether that group is a formal or informal entity.

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

¹  Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion.

² Wisconsin Statute 940.225: Consent is words or overt actions indicating a freely given agreement, intelligent, knowing and voluntary, an affirmative (not the absence of a negative). Consent is not silence, a failure to fight back, or implied. Consent is null and void if: judgment is impaired by drugs or mental illness, someone changes her/his mind, someone under the age of 18 is consenting to sexual intercourse, someone under the age of 16 is consenting to sexual contact, or it was given under pressure/coercion.

³ Sexual contact includes: Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

⁴ Sexual Intercourse includes: vaginal or anal penetration by a penis, object, tongue or finger and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Title IX Grievance Procedure

The Title IX grievance procedure refers to the entire length of a case from the time of the institution receiving actual knowledge through the end of the appeal and its resulting sanctions. Grievance process refers to the steps following the signed formal complaint. The grievance process exists to provide a fair process that resolves complaints as equitably and accurately as possible in order to preserve and restore access to the institution's educational programs or activities.

Grievance Process

• The Title IX Coordinator receives a report via the online form, email, phone call, or in person.
• The Title IX Coordinator reaches out in a reasonably prompt time-frame to the Complainant to offer supportive measures and explain the formal grievance process including how to file a formal complaint.
• The Complainant decides which, if any, supportive measures they would like put in place and if they would like to file a formal complaint.
• If a formal complaint is filed, the Title IX Coordinator notifies the Respondent of the formal complaint, explains the formal grievance process, and notifies them that they may have an Advisor of their choosing or one will be provided to them by the College.
• The Title IX Coordinator assigns at least one investigator to the case, two if possible.
• The investigators interview both parties and witnesses and collect evidence that is relevant to the case.
• The investigators write up a report of findings, which is shared with both parties. The parties are allowed 10 business days to inspect preliminary report and all evidence and respond with any factual changes they want made.
• After factual changes/corrections are clarified, parties are allowed 10 business days to review.
• The final report is completed and parties are given 10 business days minimum to prepare before the live hearing.
• Live hearings allow for cross examination of both parties and any witnesses. Questions are only asked by the Advisors and decision makers during the live hearing.
• Live hearings will take place in two separate rooms connected via Zoom video and audio, so that parties can see and hear each other.
• Parties and witnesses will each appear before the hearing panel (3 decision makers) to respond to the decision makers questions, cross examine the other party, and cross examine and witnesses.
• Live hearings will be recorded.
• Decision makers determine relevancy of each question before it is answered.
• If either party or any witness refuses to answer even one question during cross examination, no part of their statements during the hearing or during the investigation can be used to make a determination.
• At the conclusion of the live hearing, the decision makers will meet to deliberate.
• Final determination and sanctions will be provided to the parties.

Notice

Upon receipt of a signed formal complaint, all parties involved will receive written notice of the details of the complaint including:

• Description of the formal grievance process
• Description of the details of the allegation of potential sexual harassment including: identities of parties, date/time and location, and the specific conduct allegedly constituting sexual harassment
• Statement that the Respondent is presumed not responsible until the conclusion of the grievance process

Each party will also be notified about the following:

• They will have sufficient time to prepare a response before any meetings/interviews
• Each party may have an Advisor of their choice who may be but is not required to be an attorney or an Advisor will be provided for them, free of charge
• The handbook rule that prohibits false statements to a college official

If at any point during the investigation the College discovers any further allegations that were not included in the initial notice, the College will provide notice of the additional allegation details to the parties in writing.

If a case is dismissed, parties will receive a written notice of dismissal with grounds for dismissal, as well as information on how to appeal the dismissal.

The College will provide advance notice to all parties and witnesses of any investigative interview, hearing, or meeting that the party is expected to be present for.

Investigation

The Lead Investigator will begin an investigation in partnership with trained investigators. Audio or video recording of any proceedings are prohibited by any party other than the College throughout this process. The burden of proof and responsibility for gathering evidence will rest on the College and not on either party. If multiple formal complaints arise from the same facts, the College may consolidate investigations at its discretion.

The Complaining and Responding parties will be given written notice in advance of any interview with sufficient time to prepare for meaningful participation.

As part of the investigation, the investigator(s) will seek separate interviews with the Complainant, the Respondent, and any witnesses to the greatest extent possible. To help ensure a prompt and thorough investigation, interviewees are encouraged to provide as much of the following information as possible:

• The name, department, and position/status of the person or persons in alleged violation of this policy
• A description of any relevant incident(s), including the date(s), location(s), and 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 discrimination, harassment, or retaliation
• Any steps the Complainant has taken to try and stop the discrimination, harassment, or retaliation
• Any other information the Complainant believes to be relevant to the alleged discrimination, harassment, or retaliation

Privileged Information

Information that is protected by doctor-patient confidentiality, marital status, attorney-client privilege, etc. shall remain protected unless it is voluntarily given by the party as evidence in the case.

False Information

Page 17 of the 2021-2022 WLC Student Handbook prohibits furnishing false information. “19. Furnishing false information to any College official, faculty/staff member, or Office; furnishing false information in any College application or agreement that is required by the College no matter the time of discovery or knowingly bringing false charges against the student, faculty or staff member.”

Hearing

Prior to a hearing, a pre-hearing meeting will take place with parties and advisors to clarify the hearing rules. During a live hearing, Complainant and Respondents with their Advisors will be in separate rooms with Zoom video conferencing where they will be able to see and hear each other. Live hearings will be recorded. Hearing panel will be made up of 3 decision makers, one of which will be the hearing chair. Complainant and Advisor will first appear before the panel, panel will ask questions, Advisor will ask questions of the Respondent and any witnesses they wish. Once this is completed the Respondent and Advisor will appear before the panel and complete the same process. Advisors will be limited to asking questions that the advisee wishes them to ask. Each question will be determined for relevancy by the decision maker chair prior to any party answering. If any party or witness declines to answer a question during the live hearing, none of their statements or evidence can be used in making a determination of responsibility.

Determination of Responsibility

The decision making panel will meet following the conclusion of the live hearing in order to reach a determination of responsibility in the case within a reasonably prompt time frame. When they have determined if a College policy has been violated and which policy, they will then decide which remedies/sanctions to assign. Written notice of their determination will be sent out to the parties simultaneously. The written notice of determination will include: the initial allegations of a Title IX policy violation, findings of fact, rationale for the determination on each allegation, sanctions that will be imposed on Respondent, remedies and supportive measures offered to Complainant, information on how to file an appeal. Parties will have 10 business days to file an appeal. If they do not choose to appeal, the written determination becomes final. If they do choose to appeal, the written determination with results of the appeal is final.

Standard of Evidence

The standard used to determine whether this policy has been violated is whether it is more likely than not that the Respondent violated this policy. This is often referred to as the "Preponderance of Evidence" standard.

Objective Evaluation of Evidence

Title IX team members will be assigned to cases after determination that they do not have a conflict of interest in the case. Team members participate in annual training on objectively evaluating evidence and avoiding bias.

Presumption of Not Responsible

Respondents are presumed not responsible for a violation of this policy until the conclusion of the grievance process.

Appeal

Either party may appeal a dismissal or final determination on the following grounds:

• A procedural error
• New evidence that was not previously available
• Conflict or bias that impacted the outcome

Dismissal

A case must be dismissed as Title IX if it:

• Does not fall under definition of sexual harassment
• Did not occur in the recipients program or activity
• Did not occur in the United States

A case may be dismissed as Title IX if:

• Complainant requests dismissal in writing
• Respondent is no longer a student or employee
• Or determination cannot be made due to specific circumstances

If a case is dismissed, parties will be notified in writing of the dismissal, whether it was mandatory or discretionary, and of their right to appeal the dismissal.

Referral

The Title IX Coordinator may refer any/all of the matter for consideration under another applicable College policy or procedure (Student Conduct System, Human Resources, etc.) in the event that a complaint is dismissed for purposes of Title IX.

Consolidation of Complaints

Complaints may be consolidated if there are multiple parties with complaints and/or there are cross claims of the same allegation.

Equity

WLC, motivated by Jesus' command to “Love your neighbor as yourself,” strives to promote and maintain an equitable experience for all students, faculty, staff, and visitors by showing God's love through our words and actions throughout the grievance process. In keeping with the spirit of the Title IX regulations, Respondents and Complainants will be given the same information regarding the grievance process, receive notifications simultaneously, and have the opportunity to select an Advisor or have one freely provided to them.

WLC recognizes that there may be challenges in maintaining equity in situations where one party has access to legal counsel and the other does not. To combat this potential issue, the roles of Advisors within proceedings will be limited and clearly explained at all pre-hearing meetings.

Range of Sanctions and Remedies

Any violation of this policy involving students, faculty, staff, or other employees of the College is subject to the policy and procedures as stated in this document and is not governed by any other employee or student handbook or policy. The College will take steps to prevent the recurrence of any harassment or other discrimination and to remedy the discriminatory effects on the Complainant (and others, if appropriate).

The Decision Makers will review the information gathered during the investigation process and live hearing to determine the outcome which may include “no violation,” “in violation,” and application of one or more sanctions or remedies.

The range of potential sanctions/remedies may include (not meant to serve as an exhaustive list) one or more of the following: no contact order, campus housing restrictions, class restrictions, campus event restrictions, campus leadership restrictions, advising restrictions, teaching restrictions, probation, community service, education, training, suspension, or expulsion. The College also may take any other corrective action that it deems appropriate under the circumstances.

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.

Faculty and staff who are found to have violated this policy will be subject to disciplinary action up to and including discharge or termination.

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 College property and termination of any contractual or other arrangements.

When the College is unable to offer resolution to an alleged violation of this policy because a Complainant insists on confidentiality or for some other reason, the College will nonetheless take steps to limit the effects of any actions that violate this policy and will work to prevent any recurrence of violation.

Range of Supportive Measures

Supportive measures are additional resources that are offered as applicable on a case by case basis. Supportive measures are always non-punitive. Some examples include: mutual no contact order, class scheduling adjustments, extensions of deadlines, campus employment adjustments, housing changes, additional security rounds of a particular area, assistance in scheduling a counseling appointment.

Retaliation

Retaliation exists when action is taken against a 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, or lack thereof, in the complaint process.

No individual involved in a complaint alleging a violation of this policy or participating 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.

Early College Credit Program

All students who are enrolled in WLC's Early College Credit Program will receive notification of where to find the WLC Student Handbook on the College website as well as the link to the Title IX policy. Wis. Sat. 948 details the state laws regarding crimes against children. In compliance with Wisconsin State Law, any report of sexual assault, sexual harassment, or mistreatment of a minor will be reported to the local police immediately. 

Training

2020 Title IX Regulations: Policy Implications and Practical Application (PDF document from training by D. Stafford & Associates, LLC)

Constructing the Live Hearing Process (PDF document from training by D. Stafford & Associates, LLC)

OCR Webinar: Title IX Regulations Addressing Sexual Harassment (YouTube video from the U.S. Department of Education)

Title IX and Sexual Harassment Response - Participants in Sexual Harassment Policy Process Fall 2021 (PDF document from Husch Blackwell)

All records of Title IX complaints are kept for a period of 7 years. They are securely stored on campus. Supportive measures offered are kept in a separate filing location so as to preserve confidentiality.

Actual Knowledge: When someone has notified the Title IX Coordinator or a College official (all non-exempt employees of the college) of sexual harassment.

Business Day: A business day at WLC is defined as a regular day which the College is open (M-F 8 a.m.-5 p.m.)

Complainant: The party who signs a formal complaint as a victim of sexual harassment.

Conduct File: The file in which all records of student conduct reports and resolutions is stored. These files are stored in a secure filing system and are separate from Title IX case files.

Contractor: Any person or company that undertakes an contract to provide materials or labor to perform a service or do a job.

Designee: A person who has been designated.

Employee: A person employed for wages or salary by Wisconsin Lutheran College.

Evidence - Exculpatory: Any evidence that supports the idea that a party is not guilty.

Evidence - Inculpatory: Any evidence that supports the idea that a party is guilty.

Formal Complaint: A formal complaint is a written statement describing alleged sexual harassment given and signed by a Complainant in order to start the formal grievance process.

Program or Activity: An educational or extracurricular program or activity in which the College has substantial control.

Remedies: Remedies or corrective actions will address the effects of the violation/misconduct.

Respondent: Respondent refers to the person against whom the allegation or complaint of harassment is made.

Sanctions: Penalties that are punitive and exist to restore access to a program or activity when a Respondent is found responsible or in violation. (Examples, a no-contact order, warning, fine, creative sanction, Christian counseling, referral to civil authorities, probation, suspension, and/or expulsion)

Standard of Evidence: standard by which all Title IX cases at WLC will be adjudicated. WLC has adopted the Preponderance of the evidence standard, meaning that a violation of the policy must be more likely than not to have occurred.

Student: A student is defined as any person who is enrolled at Wisconsin Lutheran College and seeking college credit.

Supportive Measures: Non-punitive measures that are offered to a Complainant when an initial report is received by the Title IX Coordinator. These measures are meant to support the Complainant in their continued access to a program or activity. For example: changing a course schedule, class seating assignment, housing assignment, or mutual no-contact order.

Third Party: A person or group besides the two primarily involved in a situation.

Vendor: A person or company offering something for sale.

Volunteer: A person who freely offers to take part in an enterprise or undertake a task, or a person who works for an organization without being paid.

Witness: Any individual that may have seen or heard relevant information pertaining to the alleged misconduct. 

FERPA: Section V. of the 2021-2022 Student Handbook beginning on page 8. For more on this policy, see wlc.edu/registrar.

Code of Conduct: Section VII. of the 2021-2022 Student Handbook beginning on page 13 (Students/Faculty/Staff). 

Retaliation: Page 17 #14 of the 2021-2022 Student Handbook prohibits retaliation against a person who has initiated an inquiry or complaint having to do with harassment.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Speech is protected and has to be more than just offensive to qualify a violation of Title IX, it must rise to the level of severe, pervasive, AND objectively offensive. 

The Office of Student Support and Disability Services provides support, advocacy, and resources for students with physical or educational disabilities as well as in times of personal crisis or life challenges. Students are welcome to contact the Support Office for assistance/accommodation requests with Title IX procedures.  

Karen Sitz
Director of Student Support Services
414.443.8797
Karen.Sitz@wlc.edu

Registration of a student is considered by Wisconsin Lutheran College to be an assent to the policies of the student handbook, including this policy, and a pledge to abide by them. Additions and changes in policy and regulations may be made during the course of the year and, if made, will be announced and distributed to all students electronically. 

1. Wisconsin Statute 940.225: Consent is words or overt actions indicating a freely given agreement, intelligent, knowing and voluntary, an affirmative (not the absence of a negative). Consent is not silence, a failure to fight back, or implied. Consent is null and void if: judgment is impaired by drugs or mental illness, someone changes her/his mind, someone under the age of 18 is consenting to sexual intercourse, someone under the age of 16 is consenting to sexual contact, or it was given under pressure/coercion.
   
   
2. Wis. Statute 944.06 states “Whoever marries or has non-marital sexual intercourse, as defined in s. 948.01 (6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.”