Sexual Misconduct and Title IX

Sexual harassment is a form of discriminatory harassment and is prohibited. Per 34 CFR Part 106, §106.3, Madison College defines sexual harassment to include:

• Quid pro quo sexual harassment
• Hostile environment sexual harassment
• Sexual assault
• Domestic violence
• Dating violence
• Stalking

Learn more in Madison College’s Equal Opportunity, Harassment and Nondiscrimination Policy (PDF).

If you believe you have been discriminated against or harassed, you may follow our formal or informal grievance process without fear of retaliation. All parties are assured of a prompt investigation.

To receive information about options and procedures available, we encourage you to consult with: 

• Conflict Management Services if your complaint is related to a student or a guest.
• Human Resources if your complaint is related to an employee.

Whether it is you, a friend, or a stranger who has become a victim of sexual assault, knowing what to do can make all the difference. 

What To Do if You Have Been Assaulted

1. Seek medical assistance as soon as possible.

Sexual assault can result in injury or illness that you may not immediately see or feel. It is important to seek medical care promptly.

The Forensic Nurse Examiner Program provides direct care to sexual violence victims who present to emergency rooms or urgent care centers.

This program delivers coordinated, expert forensic and medical care necessary to increase the successful prosecution of sex offenders and to assure essential medical intervention to victims of violence. The program can coordinate with local sexual assault victim service providers to make an advocate available at the time of the exam.

2. Preserve physical evidence.

Resist the urge to change clothes, bathe, douche, eat, drink or brush your teeth. Do not go to the bathroom if possible. This is so that physical evidence can be collected and preserved.

You do not need to decide currently whether you want to pursue legal action but if you save the evidence, it offers you more options in the future when you are better able to decide.

3. Discuss your options confidentially (without notifying the college) by contacting any of the following:

• Madison College Counseling Services team. They provide confidential counseling and can be reached at 608.246.6076. Same-day appointments are available.
• Wisconsin Coalition Against Sexual Assault, a local community-based victim service provider. 
• RCC Sexual Violence Resource Center. They support students in understanding and healing from the complexities of trauma and sexual violence. A sexual assault advocate holds part-time hours on the Truax and Goodman South campuses to provide confidential services to survivors seeking support.  To schedule an appointment with an advocate, call the RCC Sexual Violence Resource Center’s 24/7 helpline at 608.251.7273.

4. File a report with the College by:

• Contacting Campus Safety Services, 24/7 at 608.245.2222.
• Completing the Harassment/Discrimination Complaint Form.

Lastly, be sure to file a report with your local police department.

What To Do if Someone You Know Has Been Assaulted

• Listen: Give your friend the time. There may be moments of silence. Do not feel pressured to say something. Support your friend by listening.
• Respect your friend’s privacy: Your friend has confided in you. Do not share information without your friend’s permission.
• Help to empower your friend: Let your friend know that he/she has choices and that there is no one right way to take care of oneself following a sexual assault.
• Learn about resources to offer your friend: The Wisconsin Coalition Against Sexual Assault provides an online list of local community-based victim service providers.
• Get support if you need it: Madison College Counseling Service provides confidential on-campus counseling and can be reached at 608.246.6076.

A sexual assault advocate from the Rape Crisis Center (RCC) holds part-time hours on campus to provide support to survivors, family members, and friends of those affected by sexual violence. To schedule an appointment with one of the campus advocates, call the RCC Sexual Violence Resource Center’s 24/7 helpline at 608.251.7273.

What To Do if You Are a Bystander or Witness to an Assault

1. Notice a situation. Know your surroundings. Be aware of behaviors that appear to be inappropriate, coercive, or harassing.
2. Interpret the situation as a problem. Does someone appear to need help?
3. Assume responsibility for intervening. See yourself as one who can provide the needed assistance.
4. Know your options and what to do to help. Be informed about possible techniques and approaches.
5. Safely take action. Your safety is critical. Take action that does not put you at risk of harm.

The Four D’s of Bystander Intervention

• Direct: Address the situation directly by stepping in.
• Distract: Distract either person in the situation to intervene.
• Delegate: Find others who can help you to intervene in the situation. Talk about the strategy to disrupt the situation together.
• Delay: You may not be able to do something right at the moment - check in with the person after the incident to see if you can help.

Informal options include:

• receiving coaching on how to speak directly to the person(s) with whom you have a concern.
• talking to the appropriate administrator
• participating in mediation, which is facilitated by a neutral third party and is designed to achieve a mutually acceptable resolution between the parties involved.

Informal options are used only if the appropriate parties agree to participate. Mediation is private and expedient.

If informal attempts to resolve matters of harassment/discrimination fail or are not advisable, a formal complaint may become necessary.

Our Formal Grievance Process seeks to ensure a thorough, reliable and impartial investigation and resolution based on evidence.

When a violation is determined, Madison College will provide resources to any person who has been a victim of sexual discrimination, including sexual harassment.

Appropriate disciplinary measures will be applied to those who violate the Policy. The College complies with federal, state, and local laws, including the reporting of certain crimes to law enforcement authorities.

Madison College Title IX / Sexual Harassment Grievance Process* (PDF)

*If you have difficulty opening the document, try saving it to your computer first and then open it with Adobe Reader.

1. Report an allegation using the Harassment/Discrimination Report Form
2. Initial Title IX Review and Preliminary Assessment
3. Written Notice of Sexual Harassment Complaint
4. Initiate Resolution Action
5. Investigation
6. Notice of Formal Hearing
7. The Formal Hearing
8. Notice of Outcome

Roles in the Grievance Process

The individuals involved in the resolution of complaints of sexual harassment are listed below. They receive annual training to support their fulfillment of these responsibilities.

Title IX Coordinator(s)

Coordinate Madison College’s efforts to meet Title IX requirements including intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation. 

Informal Resolution Facilitator

Assist in the resolution of Title IX complaints when the Complainant(s) and Respondent(s) agree to pursue an informal resolution. 

Advisor

The Complainant(s) and Respondent(s) are each entitled to have an advisor of their choice to advise, support, and/or consult with throughout the process.  At a minimum, an Advisor must be identified for the purpose of conducting any cross-examination in the Formal Hearing Proceedings following the Formal Investigation. Witnesses are NOT entitled to Advisors.

Investigator(s)

• Conduct a prompt and thorough investigation.
• Act as a neutral party in the investigation. 
• Prepare a detailed, unbiased report regarding the findings of the investigation. 

Hearing Administrative Support

• Provides logistical support of the hearing process by securing rooms, ensuring technology is set up and functioning, etc.
• Provides administrative support of the hearing process by providing participants will necessary materials, accessing items upon request, etc.

Hearing Examiner

• Facilitates the hearing process.
• Provides introduction and overview to the hearing process.
• Provides order to the hearing process by inviting individuals to participate in the hearing.
• Approves/denies questions asked by the hearing panel and party advisors.
• Analyzes the investigation, asks clarifying questions, and makes a finding of responsibility of policy violation.
• If a finding of responsibility is made that the policy was violated, the hearing examiner will also determine sanction/remedies.
• Provides results of the hearing to the Title IX Coordinator.

Appeal Officer

• Makes determination decision upon receipt of a request for an appeal. 
• The decision by Appeal Officer is final.

• The right to an equitable investigation and resolution of all credible allegations of prohibited harassment or discrimination made in good faith to Madison College officials.
• The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
• The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
• The right to be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
• The right NOT to have any personally identifiable information released to the public without consent provided, except to the extent permitted by law.
• The right to be treated with respect by Madison College officials.
• The right to have Madison College policies and procedures followed without material deviation.
• The right NOT to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
• The right NOT to be discouraged by Madison College officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.
• The right to be informed by Madison College officials of options to notify proper law enforcement authorities and the option(s) to be assisted by Madison College Public Safety Services in notifying such authorities if the party so chooses. This also includes the right NOT to be pressured to report, as well.
• The right to have allegations of violations of this Policy responded to promptly and with sensitivity by Madison College officials.
• The right to be informed of available interim actions and supportive measures, such as counseling; advocacy; health care; legal, student financial aid, visa, and immigration assistance; or other services, both on campus and in the community.
• The right to a Madison College-implemented no-contact order [or a no-trespass order against a non-affiliated third party] when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct that presents a danger to the welfare of the party or others.
• The right to be informed of available assistance in changing academic, living, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
  • Changing an employee’s work environment (For example, reporting structure, office, or workspace relocation)
  • Transportation accommodations
  • Visa and immigration assistance
  • Exam, paper, and assignment rescheduling or adjustment
  • Receiving an incomplete in, or a withdrawal from, a class (This may be done retroactively)
  • Transferring class sections
  • Temporary withdrawal/leave of absence (This may be done retroactively)
  • Campus safety escorts
  • Alternative course completion options
• The right to have Madison College maintain such actions for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair Madison College’s ability to provide the supportive measures.
• The right to receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible.
• The right to ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.
• The right to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant by the Investigator(s)/Chair, may be asked of any party or witness.
• The right NOT to have irrelevant prior sexual history or character admitted as evidence.
• The right to know the relevant and directly related evidence obtained and to respond to that evidence.
• The right to have a fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
• The right to receive a copy of the investigation report, including all factual, policy, and/or credibility analyses performed, and all relevant and directly related evidence available and used to produce the investigation report, subject to the confidentiality limitations imposed by state and federal law, before the hearing, and the right to have at least ten (10) working days to review the report before the hearing.
• The right to respond to the investigation report, including comments providing any additional relevant evidence after the opportunity to review the investigation report, and to have that response on the record.
• The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
• The right to regular updates on the status of the investigation and/or resolution.
• The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received at least eight hours of relevant annual training.
• The right to a Hearing Panel that is NOT single-sex in its composition.
• The right to preservation of privacy, to the extent possible and permitted by law.
• The right to meetings, interviews, and/or hearings that are closed to the public.
• The right to petition that any Madison College representative in the process be recused based on disqualifying bias and/or conflict of interest.
• The right to have an Advisor of their choice accompany and assist the party in all meetings and interviews associated with the resolution process.
• The right to have Madison College compel the participation of faculty and staff witnesses.
• The right to the use of the preponderance of the evidence to make a finding after an objective evaluation of all relevant evidence.
• The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.
• The right to have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but before sanctioning.
• The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process and a detailed rationale therefor (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the parties.
• The right to be informed in writing of when a decision by Madison College is considered final and any changes to the sanction(s) that occur before the decisions are finalized.
• The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so by the standards for appeal established by Madison College.
• The right to a fundamentally fair resolution as defined in these procedures.