Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 4.11

Current through October 28, 2024
Section UWS 4.11 - Subchapter III definitions

In this subchapter:

(1) "Complainant" means any individual who is alleged to be the subject of Title IX misconduct, as defined in this section.
(2) "Education program or activity" means, for purposes of Title IX misconduct only, locations, events, or circumstances at which the university exercised substantial control over both the faculty member and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the university.
(3) "Formal Title IX complaint" means, for the purposes of a Title IX misconduct only, a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment, sexual assault, dating violence, domestic violence, or stalking against a faculty member and requesting that the university investigate the allegations. At the time of filing of the formal Title IX complaint, the complainant must be participating in or attempting to participate in an educational program or activity. A formal Title IX complaint may be filed in person, by mail, or electronic mail, or any other method designated by the university. A formal Title IX complaint shall include a physical or digital signature of the complainant or the Title IX Coordinator.
(4) "Respondent" means an individual who has been reported to be the perpetrator of Title IX misconduct as defined in this section.
(5) "Sexual harassment" means conduct on the basis of sex that satisfies one or more of the following:
(a) An employee of the institution conditions the provisions of an aid, benefit, or service of the institution directly or indirectly on an individual's participation in unwelcome sexual conduct.
(b) Unwelcome conduct of a sexual nature directed toward a student, an employee, or a person participating in a program or activity of the university that, when using the legal "reasonable person" standard, the conduct is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution's education program or activity.
(6) "Title IX misconduct" means sexual assault, stalking, dating violence, or domestic violence, as defined in s. UWS 4.015 and sexual harassment, as defined in sub. (5).

Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 4.11

Adopted by, CR 20-059: cr. Register May 2021 No. 785, eff. 6-1-21; corrections in (6) made under ss. 13.92(4) (b) 7 and 35.17, Stats., and correction in (3) made under s. 13.92(4) (b) 12., Stats., Register May 2021 No. 785, eff. 6/1/2021