Sexual Misconduct

Sexual Misconduct

Sexual assault, sexual harassment, domestic violence, dating violence, or stalking.

Consent

Affirmative words or conduct indicating the freely, willingly, and knowingly given agreement to have specific sexual contact. A person cannot consent if incapacitated by drugs or alcohol, coerced into submission, unconscious, or otherwise physically or mentally incapacitated. Consent to one form of sexual contact does not imply consent to other forms. An existing relationship, past relationship, or prior consent does not imply consent to future sexual contact.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, explicit sexist remarks, and verbal, written, or physical contact of a sexual nature when:

1. Submission to such contact is made either explicitly or implicitly a condition of an individual’s employment or academic advancement;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such an individual;
3. Such conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance or creating an undesirable working, studying or living environment; or
4. Such conduct is directed toward the sexual orientation of an individual with the intent to demean, embarrass or “out” the individual.

Sexual Assault

Sexual contact with another person, without that person’s consent. A person’s use of alcohol or drugs is not a defense to a sexual assault.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress. For the purpose of this definition:
(1) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
(2) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
(3) Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interactions between the persons involved in the relationship. For the purpose of this definition, dating violence:
(1) Includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
(2) Does not include acts covered under the definition of domestic violence.

Domestic Violence

A felony or misdemeanor crime of violence committed by:
(1) A current or former spouse or intimate partner of the victim;
(2) A person with whom the victim shares a child in common;
(3) A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
(4) A person similarly situated to a spouse of the victim under domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
(5) Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Complainant

A person who has experienced an incident of sexual misconduct.

Report

Information regarding an incident of sexual misconduct.

Retaliation

Intimidation, threats, coercion, harassment, discrimination, or violence against a person for reporting an incident of sexual misconduct, filing a written complaint, or participating in a sexual misconduct proceeding.

Carthage’s primary concern is student safety. Any person who reports an incident of sexual misconduct will not be subject to discipline for reasonable violations of Carthage’s Community Code related to reports of sexual misconduct made in good faith.

Reporting helps Carthage protect community members who might be at risk and allows Carthage to take steps to prevent the recurrence of sexual misconduct.

Community members who believe that they or any other community member have experienced sexual misconduct are strongly encouraged to make a report to a Title IX Coordinator. Community members can also report an incident of sexual misconduct to the Office of Student Life, Carthage Public Safety, Residence Life staff, the Health and Counseling Center, or to a Carthage faculty or staff member.

Community members can contact Carthage Security or Residence Life professional staff to make a report outside of normal business hours.

In an emergency, community members should contact Campus Security at 262-551-5911 or the police at 911.

Individuals who experience sexual misconduct often need time and space to process what happened. The following confidential resources are available to community members who do not know how they want to proceed and who would like to speak to someone in confidence:

• Campus Pastor, 262-551-5812
• Health and Counseling Center, 262-551-5710

In addition, a complainant can file a written complaint with the Dean of Students/Director of Student Conduct in the Office of Student Life, which is located in the Todd Wehr Center. Its phone number is 262-551-5800.

All Carthage faculty and staff must promptly forward any reasonable suspicion of sexual misconduct to a Title IX Coordinator, and forward any reports of sexual misconduct to a Title IX Coordinator. In addition, Carthage faculty and staff must, if safe to do so, intervene or stop any sexual misconduct that they observe.

Upon receiving a report of an incident of sexual misconduct, Carthage will follow these procedures:

(1) Either a Residence Life or Carthage Security staff member will contact the complainant, ensure their current environment is safe, address any immediate health or medical concerns, and forward the report to the investigator.

(2) As soon as possible, the investigator will contact the complainant to discuss the incident of sexual misconduct and obtain additional information about that incident.

(3) The investigator will also:

• Inform the complainant that they can report the incident of sexual misconduct to local law enforcement authorities, receive the investigator’s assistance in making such a report, or decline to make such a report.
• Inform the complainant that they have the choice to file a written complaint and pursue a sexual misconduct proceeding under this Policy, and that such a proceeding will occur independently of any criminal investigation and proceeding.
• Provide written information about the importance of preserving evidence of an incident of sexual misconduct.
• Provide written information about remedies and protective measures available to the complainant.

(4) Carthage will provide any reasonable protective measures or remedies requested by the complainant to the investigator.

Carthage is committed to protecting complainants from the time an incident is reported through its resolution. Carthage offers the following protective measures:

No Contact Order

Parties involved in a report may not contact each other.

Class Reassignment

If parties share a course, alternative arrangements will be made for one party.

Facility Bans

The respondent may not enter certain areas of campus or use certain campus services.

Other

In addition to the protective measures listed above, Carthage will consider any other reasonable requests from the complaint for protective measures.

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Relief available intended to remedy the harms caused by sexual misconduct, which includes:

• Counseling through Carthage’s Health and Counseling Center
• Academic support through the Office of Student Life
• Academic accommodations through the Office of Student Life
• Referral to Women and Children’s Horizons or the Wisconsin Coalition Against Sexual Assault for additional counseling and support.

Carthage is committed to maintaining the privacy of everyone involved in a report of sexual misconduct. In every investigation, hearing, and appeal, Carthage will make every effort to protect the privacy of the parties while balancing the need to investigate the alleged sexual misconduct.

Information related to a report of sexual misconduct will be shared only with those Carthage employees who are involved with the investigation, hearing, or appeal. All Carthage employees who are involved in these processes have received training regarding the safeguarding of private information. Carthage will not release information about an investigation, hearing, or appeal except as required or permitted by law or Carthage policy.

Students who wish to obtain confidential assistance through on-campus or off-campus resources without making a report to Carthage may do so by speaking with professionals who are obligated by law to maintain confidentiality. The Resources section (below) of this policy identifies such professionals. As a reminder, students may seek confidential assistance on campus through the Health and Counseling Center or the Campus Pastor.

If Carthage receives a report of an incident sexual misconduct, but the complainant requests that their identity remain confidential, or declines to participate in the discipline process, Carthage will balance the requests with its responsibility to provide a safe and non-discriminatory environment for all community members. Carthage will take all reasonable steps to investigate and respond to the report consistent with such requests, while acknowledging that its ability to investigate may be limited by such requests.

If a report of sexual misconduct reveals an immediate threat to the Carthage community, Carthage may issue a notice to the community to protect the health or safety of the campus community. This notice will not contain any identifying information about the person who experienced sexual misconduct. Immediate threats include, but are not limited to, allegations of sexual misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the Carthage community.

Carthage will use this procedure to take disciplinary action on every written complaint, except when the respondent is a Carthage faculty or staff member. In such circumstances, Carthage will follow the procedures in Carthage’s Faculty Handbook or Employee Handbook, which are analogous to this procedure. If the respondent is not a community member, Carthage will follow this procedure as closely as possible, being mindful that circumstances may limit its ability to investigate, conduct a hearing, and levy sanctions. In certain circumstances, Carthage may use this procedure without receiving a written complaint.

Procedural Definitions

Report

Information provided about possible sexual misconduct.

Written Complaint

A written accusation of sexual misconduct that will be resolved through this conduct process. A person affected by an incident of sexual misconduct can file a written complaint with the Dean of Students/Director of Student Conduct in the Office of Student Life, which is located in the Todd Wehr Center. Its phone number is 262-551-5800.

Complainant

A person who has experienced an incident of sexual misconduct and who has filed a written complaint.

Respondent

A person, group, or organization accused of sexual misconduct.

Hearing Panelists

Carthage faculty and staff members who serve on hearing and appeals panels. Hearing panelists will receive annual training on issues related to sexual misconduct and on conducting an investigation and hearing process that protects the safety of complainants and promotes accountability. Faculty members are appointed by the Office of the Provost, and staff members are appointed by the Director of Human Resources.

Hearing Panel

Three hearing panelists who conduct the hearing on and decide the outcome of a written complaint, including any sanctions against the respondent. Every hearing panel will have a chairperson who presides over the process. Every hearing panel will have at least one faculty member and one staff member. If possible, every hearing panel will have at least one male and one female member. If, because of bias or a conflict of interest, a hearing panelist cannot participate in a hearing panel, another hearing panelist will take their place.

Appeals Panel

Three hearing panelists who review appeals from a hearing panel’s decision on a written complaint. Every appeals panel will have a chairperson who presides over the process. Every appeals panel will have at least one faculty member and one staff member. If possible, every appeals panel will have at least one male and one female member. Hearing panelists who served on the hearing panel for a written complaint will not serve on the appeals panel for the same written complaint. If, because of bias or a conflict of interest, a hearing panelist cannot participate in a appeals panel, another hearing panelist will take their place.

Title IX Advisor

Both the complainant and the respondent may choose one advisor who may accompany them to any meetings, hearings, and appeals. A Title IX advisor is only for a party’s emotional support. An advisor may not communicate with the investigator, hearing panel, complainant, or respondent at any meeting, hearing, or appeal. A Title IX advisor may not speak on behalf of or act as a representative of the complainant or the respondent any meeting, hearing, or appeal.

Investigator

The Carthage employee who investigates reports and written complaints of sexual misconduct; normally either the Assistant Dean of Students or the Associate Dean of Students. If, because of bias or a conflict of interest, neither the Assistant nor the Associate Deans of Students can act as investigator, another staff member from Office of Student Life will act as investigator. Contact information for the Office of Student Life is listed in the Resources section of this Policy. Anyone who acts as an investigator will receive annual training on issues related to sexual misconduct and on conducting an investigation and hearing process that protects the safety of complainants and promotes accountability.

Procedure

Carthage prefers to receive reports, take statements, hold meetings, and conduct hearings in person. However, extenuating circumstances, such as breaks between terms or the unavailability of certain parties, may require parties or witnesses to appear and communicate by telephone, video chat, or similar methods. At the request of the complainant or the respondent, and for good cause, meetings or hearings may be conducted with the complainant and the respondent in separate rooms.

Records

After the conclusion of the investigation and before any hearing, either the complainant or the respondent may review any information that will be used at the hearing by making a request in writing to the Dean of Students/Director of Student Conduct, who will schedule a time at which the party may inspect the information. The party may review the information and take notes, but may not make any copies or take any photographs of the information.

Time Frame

Carthage expects investigations, hearings, and appeals will occur promptly. Extenuating circumstances, such as breaks between terms or the unavailability of key parties, may cause delays. At any point, either the complainant or the respondent may request an extension of any dates or deadlines by writing to the hearing chair, who will notify both parties of any such extension in writing. Carthage expects a sexual misconduct proceeding to follow this time frame:

• (1) The investigator should contact the respondent within one day of the written complaint.
• (2) The investigator should conclude their inquiry within one week of the written complaint.
• (3) The hearing should occur within one week of the conclusion of the investigator’s inquiry.
• (4) The hearing panel should make a decision within one week of the hearing.
• (5) The appeal panel should make a decision within one week of the appeal.

This timeframe is flexible, not absolute.

Investigation & Hearing

(1) Upon the filing of a written complaint, the investigator will notify the respondent of the written complaint, inform them of their rights and resources, and allow inspection of the written complaint. The respondent may submit a written rebuttal as soon as possible after inspecting the written complaint.

(2) The investigator will then review the written complaint and respondent’s rebuttal and investigate the parties’ claims. The investigator may request statements from the parties or witnesses, and may meet with witnesses, the complainant, and the respondent. The investigator will periodically update the complainant and the respondent regarding the progress of the investigation.

(3) Once the investigator has completed the investigation, they will forward the file to the hearing panel for review and scheduling of a hearing with the complainant and the respondent at their earliest convenience.

(4) At that hearing, both the complainant and the respondent will have the opportunity to present evidence about the written complaint. The hearing can include statements from the parties, questioning of the parties, questioning of witnesses, and presentation of documentary or physical evidence. The hearing panel will control the hearing and have sole discretion regarding the presentation of evidence.

(5) After the hearing, the hearing panel will determine, by a preponderance of the evidence, whether the respondent violated the sexual misconduct policy. If the hearing panel determines that the respondent committed sexual misconduct, the hearing panel will also assess an appropriate sanction against the respondent.

(6) The hearing panel chair will notify the Dean of Students/Director of Student Conduct of the hearing panel’s decision, its rationale, and any sanction in a written hearing summary. The Dean of Students/Director of Student Conduct will then communicate the hearing panel’s decision to the complainant and respondent and notify both parties of their rights to appeal in writing. If the parties do not appeal within three days of receiving notification, the hearing panel’s decision is final.

Appeals

Either the complainant or the respondent may appeal the hearing panel’s decision within three days of receiving notification. A party may only appeal based upon one of the following grounds:

• New evidence that was not presented at the hearing.
• A determination or sanction unwarranted by the evidence.
• Other extenuating circumstances.

The appealing party must submit a written statement to the Dean of Students/Director of Student Conduct that requests and sets forth the basis of the appeal. The Dean of Students/Director of Student Conduct will convene an appeal panel. The appeal panel may do any of the following:

• Affirm the hearing panel’s decision.
• Amend the original sanction.
• Require a new hearing and decision.

The appeals panel chair will notify the Dean of Students/Director of Student Conduct of the panel’s decision and rationale in a written summary. The Dean of Students/Director of Student Conduct will communicate the outcome of the appeal to the complainant and respondent in writing.

The decision of an appeals panel is final.

Sanction

The penalty assessed against any respondent found responsible for violating the sexual misconduct policy will include one or more of the listed sanctions:

• No Contact Order — The respondent may not contact the complainant.
• Probation — Any further violation of Carthage’s policies may result in immediate removal from the residence halls, suspension, or dismissal.
• Removal from Housing — The respondent will be removed from on-campus housing at Carthage and relocated to another or an off-campus residence.
• Ban from College Facilities — The respondent may not enter certain areas of campus or use certain campus services.
• Activity Restrictions — Restrictions may be placed on the respondent’s ability to participate in college activities (e.g. co-curricular, extra-curricular, or campus events such as athletic competitions, theater performances, speakers, or more.)
• Suspension — The respondent is dismissed as a student for a specified time (typically no less than the remainder of an academic term and could be years). Suspension can be a specific duration or indefinite and subject to later reconsideration. Unless otherwise specified, the suspension includes a ban from campus until the date the respondent is eligible for re-application.
• Expulsion — The respondent is permanently dismissed from Carthage. Unless otherwise specified, dismissal includes a ban from campus and no eligibility to return to Carthage.

The following resources are available for anyone who suspects that sexual violence has occurred.

TITLE IX COORDINATORS

Carthage’s Title IX Coordinators provide information, guidance, and other resources in order to address sexual violence and gender discrimination. A Title IX Coordinator can discuss a community member’s general concerns, respond to a report of sexual violence, or answer questions about the disciplinary process for sexual violence.

See a full list of Title IX Coordinators

THE OFFICE OF PUBLIC SAFETY

262-551-5911
The Office of Public Safety operates 24 hours a day and is able to respond to all reports of sexual violence. They will take action and ensure student safety during any reported incident and contact the appropriate resources for students.

HEALTH AND COUNSELING CENTER

262-551-5710
Located at the Tarble Athletic and Recreation Center, the Health and Counseling Center has counseling information and educational materials regarding sexual violence. The Counselor and Outreach Coordinator for Sexual Violence, Alcohol and Drug Education at the Health and Counseling Center is a resource for victims of sexual violence and is responsible for developing and maintaining a comprehensive campus program focusing on sexual violence prevention and alcohol and other drug abuse. Professional counseling staff in the Health and Counseling Center are confidential resources.

The Office of Student Life

262-551-5800
The Office of Student Life, located in the Todd Wehr Center, provides resources and tools to assist students in all areas of personal and academic life, including advising, counseling, health services, and housing and residential life. The Office of Student Life is home to Carthage’s Residential Life Office, Office of Student Involvement, Title IX Coordinators, investigators, and hearing officers.

Center for Faith and Spirituality

262-551-5810
The Center for Faith and Spirituality staff serve as a confidential resource.

RESIDENCE LIFE

262-551-5800
Residence Hall Directors, Assistant Hall Directors, and Resident Assistants are trained to respond and serve as a resource to victims of sexual violence. They will take action and file a report when made aware of alleged sexual violence. Members of each level of the Residence Life Staff are on duty 24 hours a day, seven days a week.

Visit the Residence Life website

FACULTY AND STAFF

Carthage faculty and staff are resources for victims of sexual violence.

WOMEN AND CHILDREN’S HORIZONS, INC.

24-Hour Crisis Line: 800-853-3503
262-656-3500
Located at 2525 63rd Street, Kenosha, WI 53143, Women and Children’s Horizons provides support, education, training and healing to victims of sexual and domestic violence and abuse. Carthage also has a WCH advocate on campus part time. Appointments can be made by calling 262-656-3500 ext 115 or walk ins are available in the Madrigrano Family Residence Hall, Office 51.

Visit the Women and Children’s Horizons website

WISCONSIN COALITION AGAINST SEXUAL ASSAULT (WCASA)

608-257-1516
Located at 600 Williamson Street, Suite N-2, Madison, WI 53703, WCASA is a membership agency comprised of organizations and individuals working to end sexual violence in Wisconsin. They offer information and referral on any issues related to sexual violence to local agencies.

Visit WCASA’s website

In An Emergency, Contact:

Office of Public Safety — 262-551-5911
Kenosha Police Department — 911
Kenosha Police Department (Non-emergency Line) — 262-656-1234
Women and Children’s Horizons Crisis Line — 800-853-3503

IMMEDIATE HEALTH NEEDS

Health & Counseling Center — 262-551-5710
Kenosha Medical Center — 262-656-2011
Aurora Medical Center (S.A.N.E. Location) — 262-948-7000
St. Catherine’s Medical Center — 262-577-8000

The College presents information about the prevention and awareness of sexual misconduct to all new students and faculty during their respective orientations, which includes:

• (A) An explanation and review of this sexual misconduct policy;
• (B) A description of safe and positive options for bystander intervention; and
• (C) Information about risk reduction.

The Office of Student Life and Student Conduct have contracted with CampusClarity to provide an online sexual misconduct education course to all new students titled Think About It.

Ongoing education regarding sexual misconduct topics is provided by the Health & Counseling Center and Student Conduct. These programs may be presented in classes, on residence hall floors, or for organizations. The content of these programs are tailored to the particular group or audience.