Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Hotvedt, Carmen" <>]

Greetings, SAPC folks:

 

I’m writing to see how you might respond to a situation I find myself in.  To be clear, I am not confused about what the DCL has to say about the right of the victim to appeal.  I am confused about what to do given the information I have and the lack of power I have on my campus or within the University of Wisconsin System to change it. 

 

UW-Madison has yet to write out the appeals process for a victim of SA/SH, and is in fact telling victims to appeal to an office different than the ones an accused/responsible student can appeal to (the accused/responsible can appeal to the Chancellor).  I have not seen a student disciplinary outcome letter to a victim so don’t know the exact language victims are being told. The campus is also apparently telling students that they can “appeal” to OCR (which isn’t really an appeal as much as a federal complaint).   UW-Madison is part of a 26 campus system that uses a state administrative code to outline its student disciplinary process, and is apparently ignoring federal guidance in lieu of a state code.

 

How would you handle this situation?  Would OCR investigate without an individual victim filing a complaint? 

 

Per the DCL (page 12):  “OCR also recommends that schools provide an appeals process. If a school provides for appeal of the findings or remedy, it must do so for both parties. Schools must maintain documentation of all proceedings, which may include written findings of facts, transcripts, or audio recordings.”

 

Per the UW System code of conduct for, appeal rights are only granted to the accused/guilty student. 

Appeal rights per University of Wisconsin System Admin Codes 17.13 and 17.14:  http://www.students.wisc.edu/doso/docs/NewUWS%2017.pdf

 

 

Carmen Hotvedt
Violence Prevention Specialist
University Health Services
UW-Madison

EVOC:  End Violence On Campus
EVOC Change.  EVOC Equality.  EVOC Respect. 
An initiative at UW-Madison to address sexual assault, dating violence, and stalking.