Chapter UWS 17 and Sexual Assault Cases

Report
Beyond Compliance:
Title IX at UWMadison
Tonya Schmidt
Assistant Dean of Students, Director of Student Title IX &
Clery Compliance
University of Wisconsin-Madison
Session Outline
• Relevant Documents
• Institutional Responsibilities
• Collaboration
• Prevention
• Intervention
• Q&A
Relevant Documents
• Dear Colleague Letter 2011
• Violence Against Women Act Reauthorization
• DOE Question and Answer Document 2014
• Not Alone – White House Task Force Report
Institutional
Responsibilities
• A school must take steps to protect the
complainant as necessary, including interim steps
taken prior to the final outcome of the
investigation.
• A school must provide a grievance procedure for
students to file complaints of sex discrimination,
including complaints of sexual violence. These
procedures must include an equal opportunity for
both parties to present witnesses and other
evidence and the same appeal rights.
Institutional
Responsibilities
• Once a school knows or reasonably should know
of possible sexual violence, it must take
immediate and appropriate action to investigate
or otherwise determine what occurred.
• If sexual violence has occurred, a school must
take prompt and effective steps to end the sexual
violence, prevent its recurrence, and address its
effects, whether or not the sexual violence is the
subject of a criminal investigation.
Institutional
Responsibilities
• A school’s grievance procedures must use the
preponderance of the evidence standard to
resolve complaints of sex discrimination.
• Conduct and document adequate, prompt, reliable
and impartial investigations
• Provide a hearing process that protects the safety
of complainants and promotes accountability
• Notify both parties of the outcome of the
complaint.
Changes since 2011
• Burden of Proof: Preponderance
• Notifying in writing charges to accused
• Efforts to prevent retaliation (no contact directive
)
• Not telling victim/complainant to stay quiet
(FERPA)
Changes since 2011
• Formal victim/complainant appeal process
• Resources to victim/complainant in writing
• Victim/complainant considered a party = full
participation in hearing, right to advisor & appeal
• Process for student Title IX violations to be “looked
into” by Title IX Coordinator
• Email to students about Title IX, specifically sexual
assault
Campus Collaboration
 Coordinating Committee (EVOC at UW-Madison)
 Membership appointed by DOS & UHS Director
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Division of Student Life
UHS
Housing
UWPD
Legal
Student representatives (PAVE, Sex Out Loud, ASM)
Community Partners: SANE, RCC, DAIS, Madison Police
Campus Collaboration
 Title IX Case Consultation Team
 Coordinated by Director of Student Title IX
 Residence Life
 Health Services Victim Advocate
 Legal Affairs
 Clery staff
 Employee complaint investigator
 Title IX Coordinator
 UWPD Sensitive Crimes Detective
Campus Collaboration
• Title IX Gap Task Force – Summer 2014
• Title IX Student Case Consultation Team
• Title IX Deputies named –Summer 2014
• Title IX Deputies training – began Sept.
2014
• Stand alone Title IX Coordinator for UWMadison being recruited – Spring 2014
Prevention
• Training, consultation, and professional development
opportunities for faculty/staff
• i.e. Sensitive case training, Responding to a
disclosure, CSA form/training, EVOC videos
• Building campus and community coalitions
• i.e. EVOC coordinating committee, Student Case
Consultation Team
Written Materials and information on SA, DV, Stalking
• i.e. consent language, wallet cards, Tonight video
Intervention
• Supporting student victims
• New victim advocate position in UHS
• Interim measures – class changes, on campus
room relocation, no contact directive
• Holding alleged students responsible through
misconduct process – UWS Chapter 17
• Timely warning – determined by Univ. police
Training for Campus Disciplinary
Boards
• “All members of campus disciplinary boards
should receive expert training on these crimes.”
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Causes and effects of violence against women
Review of student conduct code
Definitions of DV, SA and stalking
Information on consent in SA cases
How to judge credibility
Drug/Alcohol facilitated SA
Possible sanctions if accused student is found
responsible
Sensitive Case Training
• Offered once a semester
• Only hearing panel members and examiners who
have attended the specialized training may serve
on cases of sexual assault, dating/domestic
violence and stalking cases
• Training led by University legal, Assistant Dean,
and Forensic Nurse
UW System Title IX Task
Force
• Appointed by President Cross
• Began meeting in September 2014
• Representatives from all 26 System Schools &
the Colleges
• Subcommittees - Policy, Training, Victim
Advocacy, Communications, Funding
• First round of recommendations to President
Cross in May/June 2015
Q&A
Tonya Schmidt, Assistant Dean of Students
UW-Madison, 70 Bascom Hall, 608-263-5700
[email protected]

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