Beyond Compliance:

Title IX at UW-

Madison

Tonya SchmidtAssistant Dean of Students, Director of Student Title IX &

Clery ComplianceUniversity 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 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 UW-Madison 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.”• 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

tonya.schmidt@wisc.edu