Title IX Policy
Note: This policy is for any incident that occurred after Aug. 1, 2024. For any incident reported after Aug. 1, 2024 but that occurred prior to Aug. 1, 2024, please refer to the 2020 Title IX Policy and Procedure.
STATEMENT OF POLICY
Carthage is committed to creating a safe, healthy, and non-discriminatory environment for all students, staff, faculty, and visitors that is free from all forms of sex-based discrimination, sex-based harassment and related retaliation (collectively “Prohibited Conduct”). For the purposes of this Title IX Policy, the term sex includes:
- Gender Identity
- Pregnancy and Pregnancy-Related Conditions
- Sex Characteristics
- Sexual Orientation
- Sex Stereotypes
As part of this commitment, Carthage does not tolerate any form of sexual harassment, which includes:
- Quid Pro Quo
- Hostile Environment
- Sexual Assault
- Dating Violence
- Domestic Violence
- Stalking
The Title IX Policy covers all Prohibited Conduct as defined in this Policy which may include individual discrimination, programmatic discrimination, and sex-based harassment and related retaliation involving students, employees or individuals who are participating or attempting to participate in an education program at the time of the alleged behavior. (Complaints against staff and faculty will be processed in accordance with the procedures in the Staff and Faculty Handbooks, respectively. This policy extends to behavior that occurs within the United States. This policy also extends to behavior that occurs outside the United States but contributes to a sex-based hostile environment within a Carthage educational program or activity.
This Policy may also pertain to instances in which the allegations of Prohibited Conduct occurred outside of the campus or at Carthage sponsored activity if Carthage determines that the alleged off-campus Prohibited Conduct is within the jurisdiction of its disciplinary authority or affects a substantial Carthage interest, including access to the educational program or activity, safety and security, or compliance with applicable law.
Any community member who has concerns about Prohibited Conduct, including any concerns pertaining to sexual harassment, is encouraged to contact one of Carthage’s Title IX Coordinators. They can provide information, guidance, and other resources to address these concerns. A Title IX Coordinator can discuss general concerns, respond to a report of Prohibited Conduct or answer questions about the disciplinary process for sexual misconduct. Carthage’s Title IX Coordinators are:
-
Abigail Hanna, Title IX Coordinator
Lentz Hall 403
262-551-6450 | ahanna@jdzruiran.com -
Chris Grugel, Deputy Title IX Coordinator/Employee Designee
Hedberg Library 212
262-551-6555 | cgrugel@jdzruiran.com -
Megan Jones, Deputy Title IX Coordinator/Athletics Designee
TARC 2075
262-551-5713 | mjones11@jdzruiran.com -
Joseph Towey, Deputy Title IX Coordinator/Resources
Todd Wehr Center 115
262-551-5768 | jtowey@jdzruiran.com
This policy is intended to comply with the following laws:
- Title IX of the Education Amendments of 1972
- The Violence Against Women Reauthorization Act of 2022
- The Federal Education Rights and Privacy Act
- The 2024 Title IX Regulations
Upon receipt of a report of Prohibited Conduct under this Policy, Carthage will consider the concerns and rights of all parties involved and provide a prompt, fair, and impartial process from its initial investigation through its final determination as set forth in this Policy or the Staff or Faculty Handbook procedures if the complaint is against a staff or faculty member. A person found responsible for Prohibited Conduct under this Policy will be subject to disciplinary action under the policy.
Complainant
Any individual, including a Carthage student or employee (including applicants for employment, student-employees), or participant in Carthage’s programs or educational activities (or anyone who has a legal authority to act on their behalf) who has reported being, or is alleged to be, impacted by Prohibited Conduct as defined by this Policy, and who was employed, or participating or attempting to participate in a program or activity offered by a Carthage at the time of the alleged Prohibited Conduct.
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.
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:
Includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Does not include acts covered under the definition of domestic violence.
Domestic Violence
A felony or misdemeanor crime of violence committed by:
- A current or former spouse of the victim;
- A person with whom the victim shares a child in common;
- A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- A person similarly situated to a spouse of the victim under domestic or family violence laws of Wisconsin; or
- 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 State of Wisconsin
Formal Compliant
A signed and dated summary of the alleged sex-based discrimination requesting the institution investigate the allegation. A Complaint is a written request to Carthage’s Title IX Coordinator that objectively can be understood as a request for the College to investigate and make a determination about alleged Prohibited Conduct under this Policy. A Complaint may be filed with the Title IX Coordinator by mail, by phone, by electronic means (email or by submitting an online report form via the Home Institution’s Title IX Office website, if applicable), by using the contact information listed as otherwise described in this Policy. (Individuals who would like more information about making a Complaint are encouraged to contact the Title IX Coordinator for additional information).
Report
Information regarding an incident of sexual harassment that is shared with an employee.
Respondent
An individual, or individuals, who are subject to Carthage’s disciplinary authority, and who has been reported to have engaged in conduct that could constitute Prohibited Conduct, as defined by this Policy. In some situations, an individual does not have to be enrolled or employed by Carthage to qualify as a Respondent under this Policy and may be a third-party participant whom a Carthage has the ability to take corrective action against.
Retaliation
Intimidation, threats, coercion, harassment, discrimination, or violence against a person for reporting an incident of sexual harassment, filing a written complaint, or participating in a Title IX proceeding.
Sexual Assault
Sexual Assault is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. For the purpose of these definitions, a Sexual Act is defined as conduct between persons consisting of:
- Contact between the penis and the vulva, or between penises and vulvas;
- Contact between the penis and the anus;
- Contact between the mouth and the penis;
- Contact between the mouth and the vulva;
- Contact between the mouth and anus;
- Contact between anuses; or
- Contact involving any of the above or the buttocks or breasts.
Private body parts include all of the body parts specified above, including genitals, groin area, breasts and buttocks.
Sexual assault includes:
- Rape — 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 another person, without the consent of the victim.
- Fondling — The touching of the private body parts of another for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity. Private body parts include genitals, groin area, breasts, and buttocks.
- Incest — Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape — Sexual intercourse with a person who is under the statutory age of consent. In Wisconsin, the statutory age of consent is 18.
Sex-Based Discrimination
Except as permitted by Title IX, Carthage, including employees, students, participants and agents of Carthage, shall not, engage in any of the following prohibited discriminatory actions on the basis of sex if it would cause more than de minimis harm:
- Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;
- Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;
- Deny any person any such aid, benefit, or service;
- Subject any person to separate or different rules of behavior, sanctions, or other treatment;
- Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition;
- Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students or employees;
- Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.
For the purposes of this definition, unless permitted by Title IX, adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex and will be considered prohibited discrimination.
Sex-Based Harassment
Conduct on the basis of sex that satisfies one or more of the following:
An employee, agent, or other person authorized by the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct. (Quid Pro Quo).
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s educational program or activity. (Hostile Environment)
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:
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.
Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.
Carthage’s primary concern is safety. Any person who reports an incident of Prohibited Conduct under this Policy will not be subject to discipline for reasonable violations of Carthage’s Community Code related to reports made in good faith.
Reporting helps Carthage protect individuals who might be at risk and allows Carthage to take steps to prevent the recurrence of Prohibited Conduct.
Individuals who believe they have experienced Prohibited Conduct are strongly encouraged to make a report to a Title IX Coordinator. Students, employees, or others with a legal right to act on behalf of an alleged victim who believes an individual of the campus community has experienced sex-based harassment may report to the Dean of Students Office, Carthage Public Safety, Residence Life staff, or to a Carthage faculty or staff member.
Carthage Public Safety or Residence Life professional staff can be contacted to make a report outside of normal business hours.
In an emergency, community members should contact Campus Public Safety at 262-551-5911 or the police at 911.
Individuals who experience Prohibited Conduct, particularly sex-based harassment and sexual assault, 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
- Women & Children’s Horizons, 262-652-9900
All Carthage faculty and staff must promptly forward any reasonable suspicion of sex-based discrimination to a Title IX Coordinator and forward any reports of sex-based discrimination to a Title IX Coordinator. In addition, Carthage faculty and staff must, if safe to do so, intervene or stop any sexual harassment that they observe.
Upon receiving a report of an incident of Prohibited Conduct, Carthage will follow these procedures:
Either a Residence Life or Carthage Public Safety staff member will contact the individual, ensure their current environment is safe, address any immediate health or medical concerns, provide the option and assistance if desired to report to local law enforcement, and forward the report to the Title IX Coordinator. As soon as possible, the Title IX Coordinator will contact the individual to discuss the incident of and obtain additional information about that incident.
The Title IX Coordinator will also:
Provide written information about the importance of preserving evidence of an incident of Sexual Assault.
Provide written information about supportive measures available to the individual.
If the individual meets the definition of Complainant under this Policy, inform the individual that they have the choice to file a formal complaint and pursue an investigation or an informal resolution under this Policy and that such a proceeding will occur independently of any criminal investigation and proceeding.
Carthage is committed to protecting complainants from the time an incident is reported through its resolution. Supportive measures are individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, and deter Prohibited Conduct. 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 and complainant may not enter certain areas of campus when/where the other party resides or is employed.
- Counseling through Carthage’s Health and Counseling Center
- Academic support through the Dean of Students Office
- Academic accommodations through Learning Accessibility Services with the support of the Dean of Students Office
- Referral to Women and Children’s Horizons or the Wisconsin Coalition Against Sexual Assault for additional counseling and support.
- Other — In addition to the protective measures listed above, Carthage will consider any other reasonable requests from the complainant for protective measures.
Carthage is committed to maintaining the privacy of everyone involved in a report of Prohibited Conduct. 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 behavior.
Information related to a report of Prohibited Conduct 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 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, who are not required to report to the Title IX Coordinator.
If Carthage receives a report of an incident of Prohibited Conduct, but the complainant requests that their identity remain confidential or declines to participate in the conduct 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 Prohibited Conduct 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 assault. Immediate threats include but are not limited to, allegations of sexual assault that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the Carthage community.
Policy Summary
Carthage is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972. Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage. Carthage College hereby establishes a policy and procedures for ensuring the protection and equal treatment of pregnant persons, individuals with pregnancy-related conditions, and new parents.
Scope
This policy applies to all aspects of the Carthage program, including admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage.
Definitions
a. “Medical necessity” is a determination made by a health care provider of an individual’s choosing.
b. “Pregnancy and pregnancy-related conditions” include (but are not limited to) pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions, in accordance with federal law.
c. “Pregnancy discrimination” includes treating a student, employee, or participant in Carthage’s program or activities affected by pregnancy or a pregnancy-related condition less favorably than similar individuals not so affected and includes a failure to provide legally mandated leave or accommodations.
d. “Pregnant student/Birth-parent” refers to the student who is or was pregnant. Although the pronouns “she” and “her” are used herein, this policy and its pregnancy-related protections apply to all pregnant persons regardless of gender identity or expression.
e. “Reasonable accommodations” for the purposes of this policy are changes in the academic environment or typical operations that enable a pregnant student or student with a pregnancy-related condition to continue to pursue their studies and enjoy equal benefits of the College.
NON-DISCRIMINATION AND REASONABLE ACCOMMODATION OF STUDENTS AFFECTED BY PREGNANCY, CHILDBIRTH, OR RELATED CONDITIONS
a. Carthage College and its faculty, staff, and other employees shall not require a student to limit their studies due to pregnancy or pregnancy-related conditions.
b. The benefits and services provided to students affected by pregnancy shall be no less than those provided to students with temporary medical conditions.
c. Students with pregnancy-related disabilities, like any other student with a disability, are entitled to reasonable accommodation so they will not be disadvantaged in their courses of study or research and may seek assistance from the Learning Accessibility Services Office.
d. Where Learning Accessibility Services requires students to identify their disabilities and request accommodations by a fixed date in the term, deadline exceptions may be granted in the case of disabilities arising as a result of pregnancy or related conditions.
e. Reasonable accommodations may include, but are not limited to:
- Accommodations requested by the pregnant student to protect the health and safety of the student and/or their pregnancy (such as allowing the student to maintain a safe distance from hazardous substances)
- Modifications to the physical environment (such as accessible seating)
- Mobility support
- Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences
- Providing remote learning options
- Excusing medically-necessary absences
- Granting leave
f. Breastfeeding students must be granted reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible. Bathroom stalls do not satisfy this requirement.
Modified Academic Responsibilities Policy for Parenting Students
a. Students with parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of their child or placement of a foster child may request an academic modification period of up to one semester beginning within the first six months of the child entering the home. Extensions may be granted where additional time is required due to medical necessity or extraordinary parenting responsibilities.
b. During a modification period, the student’s academic requirements will be adjusted and deadlines postponed as appropriate.
c. Students seeking a period of modified academic responsibilities must consult with their adviser to determine which academic responsibilities will be suspended or ongoing. The student will work with their adviser and professors to reschedule course assignments, lab hours, examinations, or other requirements and/or to reduce the student’s overall course load, as appropriate. Students are entitled to full relief from academic responsibilities for at least six weeks.
d. A student who seeks modifications upon the birth or placement of their child shall be allowed an extension of 12 months to prepare for and take preliminary and qualifying examinations and an extension of 12 months toward normative time to degree while in candidacy. Longer extensions may be granted in extenuating circumstances.
e. A student can request modified academic responsibilities under this section regardless of whether the student elects to take leave.
f. While receiving academic modifications, the student will remain registered and retain benefits accordingly.
Academic Leave of Absence
a. Faculty, staff, or other employees shall not require a student to take a leave of absence or withdraw from or limit their studies due to pregnancy, childbirth, or related conditions.
b. Pursuant to Title IX, Carthage College shall treat pregnancy and related conditions as a justification for a leave of absence for as long a period of time as is deemed medically necessary by a student’s physician.
c. A student taking a leave of absence under this policy shall provide notice of the intent to take leave thirty days before the initiation of leave or as soon as practicable.
d. Intermittent leave may be taken with the advance approval of the student’s department or when medically necessary due to the student’s health condition.
e. Upon return from leave, the student will be reinstated to his or her program in the same status as when the leave began.
f. Continuation of the student’s scholarship, fellowship, or similar college-sponsored funding during the leave term will depend on the student’s registration status and the funding program’s policies regarding registration status. Students will not negatively affect or forfeit their future eligibility for their scholarship, fellowship, or similar institution-supported funding by taking leave under this policy.
Student Employee Leave
Retaliation and Harassment
a. Harassment by any member of the Carthage College community based on sex, gender, gender identity, gender expression, pregnancy, or parental status is prohibited.
b. Faculty, staff, and other Carthage employees are prohibited from interfering with a student’s taking leave, seeking reasonable accommodation, or otherwise exercising her rights under this Policy. Faculty, staff, and other Carthage employees are prohibited from retaliating against a student for exercising the rights articulated by this Policy, including imposing or threatening to impose negative educational outcomes because a student requests leave or accommodation, files a complaint or otherwise exercises their rights under the Policy.
The College presents information about the prevention and awareness of sex-based discrimination to all new students and faculty during their respective orientations, which includes:
- An explanation and review of this policy;
- A description of safe and positive options for bystander intervention; and
- Information about risk reduction.
The Dean of Students Office and Student Conduct have contracted with Vector Solutions to provide an online sexual misconduct education course to all new students titled Sexual Assault Prevention
Ongoing education regarding sexual harassment topics is provided by the Office of Public Safety and the Title IX committee. These programs may be presented in classes, on residence hall floors, or for organizations. The content of these programs is tailored to the particular group or audience.
Updated Aug. 1, 2024