UNIVERSITY OF WISCONSIN River Falls

Title IX

Sexual Misconduct Definitions and Policies

 

Definitions

UW-River Falls uses the definitions in the the Board of Regent's Policy on Sexual Violence and Harassment, as well as those definitions in the Wisconsin Administrative Rules for Chapters UWS 4, 7, 11, and 17. 

Policies

AP-06-116 Sexual Violence and Sexual Harassment

Regent Policy Document 14-2 Sexual Violence & Sexual Harassment
Regent Policy Document 14-6 Discrimination, Harassment, and Retaliation
Regent Policy Document 14-8 Consensual Relationships

Other supporting law and policy

  • Clery Act and UWRF 's Annual Security Report

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, also known as the Clery Act, is a federal law that requires institutions of higher education to have in place certain security and safety policies and to disclose certain crime statistics.  These policies and statistics are published annually in UW-River Falls' Annual Security Report. 

  • Executive Order #54: Reporting Child Abuse and Neglect

Under Executive Order #54, all University of Wisconsin System employees must report incidents of child abuse and neglect. 

  • Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) was enacted to protect victims of domestic crimes and reduce the stigma associated with domestic abuse.

  • Wisconsin Statute § 36.11(22)(c)

In accordance with Wisconsin law (Wisconsin Statute § 36.11(22)(c)), UWRF employees, who witness an act of sexual assault or receive a first-hand report of sexual assault from an enrolled student, must report that information to the Title IX Coordinator. 

Recognizing Sexual Misconduct

What is sexual assault?

Sexual assault is any sexual contact made without consent. Consent must be freely given with overt words or actions that clearly communicate an individual’s desire to engage in sexual activities. Consent is a clear yes, not
the absence of a no. Consent cannot legally be obtained if an individual is incapacitated due to alcohol or other drugs, is unconscious or asleep, or has limited mental capacity. Examples of sexual assault include unwanted
touching, kissing, fondling, or penetration of the mouth, vagina, or anus with a finger, penis or object.

Specific examples of sexual assault:


• You agreed through words to do one thing, but were forced to do more than you agreed to.
• While you were incapacitated from alcohol or drugs, someone had sex with you or engaged in sexual activity with you. You may have been asleep, passed out, too intoxicated to know what was happening or
were unable to stop it.
• It started with kissing and when you said no, the other person continued. You became frozen, did not participate, but the other person had sex with you anyway.
• Your partner forced you to have sex when you did not want to.

Wisconsin State Statues define sexual assault:

Sexual assault is any forced or coerced sexual intercourse or contact. It is a crime of violence in which assailants, whether known to the victim or not, are motivated by a desire to humiliate or exert power over the victim.
(Refer to Wisconsin State Statutes 940.225 and 948.02.)

In short, any sexual contact which you do not want is sexual assault. Wisconsin statutes define four degrees of sexual assault. They range from uninvited and unwanted touching to forced intercourse. Sexual assault can
occur between persons in dating or sexual relationships, including marriage. It can also occur between persons of the same sex.