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

[Brett Sokolow <>]

Greetings, SAPC folks:  

GREETINGS CARMEN.  FORGIVE MY CAPS, JUST TO SET OFF MY RESPONSES TO YOUR ORIGINAL QUESTIONS.  NOT YELLING.  

 

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.  MY UNDERSTANDING IS THAT TO CHANGE THE CODE REQUIRES ACTION BY THE LEGISLATURE, TO CHANGE THE RULES FOR THE WHOLE SYSTEM.  I DON'T KNOW THAT CHANGES HAVE EVEN BEEN PROPOSED, BUT HAVE HAD CONVERSATIONS WITH SYSTEM ATTORNEYS ABOUT HOW DIFFICULT IT WOULD BE TO DO SO, ESPECIALLY GIVEN THE POLITICAL ISSUES THAT WISCONSIN WAS EMBROILED IN WHEN THE DCL CAME OUT.  I HOPE THERE WILL EVENTUALLY BE LEGISLATIVE ACTION, BUT THE STEPS UW IS TAKING NOW TO CREATE SOME WAY TO APPEAL ARE LIKELY A STOPGAP, DESIGNED TO DO WHAT CAN BE DONE WITHOUT LEGISLATIVE ACTION.  BY DIRECTING VICTIMS TO OCR, THEY MAY CLEVERLY BE TRYING TO USE OCR TO FORCE THE LEGISLATURE TO ACT MORE QUICKLY.  

 

How would you handle this situation?  DIALOGUE WITH YOUR SYSTEM ATTORNEYS IS A GOOD START, IF YOU HAVE NOT DONE SO ALREADY.  

Would OCR investigate without an individual victim filing a complaint?  YES, YOU CAN FILE ON BEHALF OF AFFECTED VICTIMS AND HAVE STANDING TOO AS AN EMPLOYEE YOURSELF, IF YOU ARE NOT BEING GIVEN EQUITABLE RIGHTS, SUCH AS THE RIGHT TO APPEAL A COMPLAINT YOU MIGHT FILE.  OCR MAY BE OKAY WITH A "SEPARATE BUT EQUAL" APPEAL OPPORTUNITY, SO BE PREPARED FOR THAT.  YOU ALSO HAVE A SYSTEM RULE THAT LIMITS CONSIDERATION OF PATTERN EVIDENCE, WHICH IS A TITLE IX ISSUE.  

 

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.

 Regards,

Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

Chair, The NCHERM Group (www.thenchermgroup.org)

Managing Partner, The National Center for Higher Education Risk Management (www.ncherm.org)

Executive Director, The National Behavioral Intervention Team Association (www.nabita.org)

Executive Director, The Association of Title IX Administrators (www.atixa.org)

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NCHERM serves as legal counsel/advisor to 35 campuses

From: <Hotvedt>, Carmen <>
Date: Thursday, November 15, 2012 9:00 AM
To: "" <>
Subject: Right of victim to appeal

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.