Title IX Policy

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@ahealthierphoenix.com
• Chris Grugel, Deputy Title IX Coordinator/Employee Designee
  Hedberg Library 212
  262-551-6555 | cgrugel@ahealthierphoenix.com
• Megan Jones, Deputy Title IX Coordinator/Athletics Designee
  TARC 2075
  262-551-5713 | mjones11@ahealthierphoenix.com
• Joseph Towey, Deputy Title IX Coordinator/Resources
  Todd Wehr Center 115
  262-551-5768 | jtowey@ahealthierphoenix.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:

1. 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;
2. Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;
3. Deny any person any such aid, benefit, or service;
4. Subject any person to separate or different rules of behavior, sanctions, or other treatment;
5. Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition;
6. 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;
7. 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.

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.