Wisconsin Administrative Code › Board of Regents of the University of Wisconsin System › Chapter UWS 4 - Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases › Subchapter I - General › Section UWS 4.015 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Clear and convincing evidence" means information that would persuade a
				reasonable person to have a firm belief that a proposition is more likely true
				than not true. It is a higher standard of proof than "preponderance of the
				evidence."
(2) "Complaint" means an
				allegation against a faculty member reported to an appropriate university
				official.
(3) "Consent" means words
				or overt actions by a person who is competent to give informed consent,
				indicating a freely given agreement to engage in sexual activity or other
				activity referenced in the definitions of sexual assault and sexual
				exploitation in this section. A person is unable to give consent if the person
				is in a state of incapacitation because of drugs, alcohol, physical or
				intellectual disability, or unconsciousness.
(4) "Consult" or "consulting" means
				thoroughly reviewing and discussing the relevant facts and discretionary
				issues.
(5) "Dating violence" means
				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.
(6) "Domestic
				violence" means 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 person 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 complainant 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.
(6m) "Incapacitation" means
				the state of being unable to physically or mentally make informed rational
				judgments and effectively communicate, and may include unconsciousness, sleep,
				or blackouts, and may result from the use of alcohol or other drugs. Where
				alcohol or other drugs are involved, evaluation of incapacitation requires an
				assessment of how the consumption of alcohol or drugs affects a person's
				decision-making ability; awareness of consequences; ability to make informed,
				rational judgments; capacity to appreciate the nature and quality of the act;
				or level of consciousness. The assessment is based on objectively and
				reasonably apparent indications of incapacitation when viewed from the
				perspective of a sober, reasonable person.
(7) "Preponderance of the evidence" means
				information that would persuade a reasonable person that a proposition is more
				probably true than not. It is a lower standard of proof than "clear and
				convincing evidence."
(9) "Sexual
				assault" means an offense that meets any of the following definitions:
(a) "Rape" means 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 the complainant, without the consent of the
				complainant.
(b) "Fondling" means
				the touching of the private body parts of the complainant for the purpose of
				sexual gratification, without the consent of the complainant, including
				instances where the complainant is incapable of giving consent because of the
				complainant's age or because of the complainant's temporary or permanent mental
				incapacity.
(c) "Incest" means
				sexual intercourse between persons who are related to each other within the
				degrees wherein marriage is prohibited by law as provided in s.
				944.06, Stats.
(d) "Statutory rape" means sexual intercourse
				with a complainant who is under the statutory age of consent as provided in s.
				948.02,
				Stats.