Section UWS 17.151 - Sexual misconduct subject to disciplinary action under ss. UWS 17.152 to 17.156In accordance with s. UWS 17.08, the university may discipline a student for engaging in, attempting to engage in, or assisting others to engage in any of the following types of nonacademic misconduct. Sexual misconduct, as defined in this section, shall use the disciplinary procedure, hearing, appeal, and settlement processes detailed in ss. UWS 17.152 to 17.156.
(1) SEXUAL HARASSMENT. Conduct on the basis of sex that satisfies any of the following: (a) Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in an education program or activity of the university that when using the legal "reasonable person" standard, is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution's education program or activity.(b) Unwelcome conduct of a sexual nature directed towards an individual that, when using the legal "reasonable person" standard, is so severe or pervasive and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual's academic or work performance or participation in a university sponsored or supported activity.(2) SEXUAL ASSAULT. An offense that meets any of the following definitions: (a) Rape: The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.(b) Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental incapacity.(c) Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per s. 944.06, Stats.(d) Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent as per s. 948.02, Stats.(3) DATING VIOLENCE. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.(4) DOMESTIC VIOLENCE. Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a persons who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth individual who is protected from that person's acts under the domestic or family violence laws of Wisconsin as per ss. 813.12(1) (am) and 968.075, Stats.(5) STALKING. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.(6) SEXUAL EXPLOITATION. Attempting, taking or threatening to take nonconsensual sexual advantage of another person. Examples include: (a) Engaging in any of the following conduct without the knowledge and consent of all participants: 1. Observing, recording, or photographing private body parts or sexual activity of one or more complainants.2. Allowing another person to observe, record, or photograph sexual activity or private body parts of one or more complainants.3. Otherwise distributing recordings, photographs, or other images of the same of one or more complainants.(b) Masturbating, touching one's genitals, or exposing one's genitals in complainant's presence without the consent of complainant, or inducing another person to do the same.(c) Dishonesty or deception regarding the use of contraceptives or condoms during the course of sexual activity.(d) Inducing incapacitation through deception for the purpose of making another person vulnerable to non-consensual sexual activity.(e) Coercing the complainant to engage in sexual activity for money or anything of value.(f) Threatening distribution of any of the following, to coerce the complainant into sexual activity or providing money or anything of value:1. Photos, videos, or recordings depicting private body parts or sexual activity of one or more persons.2. Other information of a sexual nature, including sexual history or sexual orientation.Wis. Admin. Code Board of Regents of the University of Wisconsin System UWS 17.151
Adopted by, CR 20-062: cr. Register May 2021 No. 785, eff. 6-1-21; correction in (title) made under s. 13.92(4) (b) 2, Stats., and correction in (intro.) made under s. 13.92(4) (b) 7, Stats., Register May 2021 No. 785, eff. 6/1/2021