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2016 Annual Campus Security Report

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Contents

LTC BACKGROUND AND HISTORY 4

GOVERNANCE AND ADMINISTRATION 7

LTC CAMPUS POLICE AND LTC CAMPUS SECURITY 9

ANNUAL DISCLOSURE STATEMENT 10

THE HIGHER EDUCATION OPPORTUNITY ACT (HEOA) 10

SECURITY AWARENESS PROGRAMS 11

CRIME/INCIDENT REPORTING 11

COUNSELING SERVICES CONFIDENTIALITY STATEMENT 13

COLLEGE ACCESS CONTROL 15

ALCOHOL AND DRUG POLICY 15

HARASSMENT/SEXUAL MISCONDUCT/DISCRIMINATION POLICY 16

STUDENT COMPLAINT PROCEDURE 25

EMPLOYEE COMPLAINT PROCEDURE 28

“CLERY ACT” REPORTABLE CRIME DEFINITIONS 40

LTC BACKGROUND AND HISTORY

Lakeshore Technical College (LTC) is a not-for-profit, public, two-year post-secondary educational institution focused on technical education. One of 16 comprehensive technical colleges in Wisconsin that operates under the administration of the Wisconsin Technical College System (WTCS), LTC is governed by a local nine-member District Board (LTC Board) whose representation is determined by State Statute.

LTC opened its main campus in July 1974, in the village of Cleveland, Wisconsin, and later opened two learning centers strategically located in Sheboygan and Manitowoc. LTC Manitowoc and LTC Sheboygan share facilities with the respective counties’ job centers, and partners with several agencies to provide services to students. At the Manitowoc and Sheboygan learning centers, LTC offers courses in basic skills, General Education Diploma/High School Equivalency Diploma (GED/HSED), English as a Second Language, Certified Nursing Assistant, and general studies. In 1988, the name of the school changed from Lakeshore Technical Institute (LTI) to Lakeshore Technical College. The name change represented the college’s evolution from mainly offering basic skills courses to responding to the need of technical skills and offering technical courses in computers and other sophisticated equipment.

Located in east central Wisconsin, LTC serves a district which measures approximately 1,200 square miles, covering Manitowoc and Sheboygan counties and small segments of Calumet and Ozaukee counties. The main campus, consisting of five buildings on a 154-acre site, as well as an environmental campus, is in the Village of Cleveland, Wisconsin, centrally located between the District’s two primary city centers, Manitowoc and Sheboygan. The College operates two learning centers strategically located in the Sheboygan and Manitowoc County Job Center facilities, as well as the Lakeshore Culinary Institute in the heart of downtown Sheboygan. LTC also operates community education centers in District high schools with a focus on Mishicot, Cedar Grove-Belgium, Oostburg, and Random Lake. Reedsville and Elkhart Lake High schools have also hosted classes. Plymouth High School is home to the Science and Technology Center.

LTC demonstrates a commitment to excellence through its focus on preparing a workforce, being responsive to community needs, and its philosophy of continuous process improvement. Partnerships in the community and within education, both K-12 and post-secondary, are key to building career ladders and keeping the economy strong. LTC was accreditation was reaffirmed by the Higher Learning Commission in 2015 for another ten years. Due LTC’s history of continuous improvement and practices it is now in the Open Pathway track. The mode is unique in that its improvement component, the Quality Initiative, gives institutions the independence to pursue improvement projects that are geared toward their current needs and aspirations.

Scope of Educational Offerings

LTC’s mission is realized with each graduation as students enter the workforce equipped with critical skills and core abilities (common learning objectives) to meet employer needs (Figure 3). The College’s educational offerings include degree and diploma programs, apprenticeships, incumbent worker training, and pre-college instruction. Additional student learning opportunities include internships, clinicals, and participation in student clubs, student life activities, and service learning. Thirty-seven associate of applied science degrees, thirty-six technical diplomas, ten embedded pathway certificate, fifty-four technical certificates, and thirteen state-indentured apprenticeships are offered through

eight instructional divisions. LTC’s programs incorporate industry-leading technologies to reflect the employment needs and provide a base for lifetime learning. Students access these technologies through hands-on learning. To increase student accessibility, programs are shared with other colleges and courses are offered through flexible learning options. Twelve programs hold professional certification or specialized accreditation from eleven entities.

Student Core Abilities (Common Learning Objectives)

Demonstrate Critical Thinking Demonstrate Responsible and Professional Workplace Behaviors

Communicate Effectively

Use Mathematics Effectively

Work Cooperatively Apply Learning

Respect and Appreciate Diversity Integrate Technology

Apply Sustainable Practices

In addition to meeting the needs of District residents through programs and course offerings, LTC offers courses, workshops, and seminars to meet the needs of business and industry. LTC’s Workforce Solutions provides customized training to employers to update employee skills and improve workplace performance. It also provides entrepreneurship services through E-Seed courses and business assistance in plan development to local entrepreneurs. In addition, Workforce Solutions provides comprehensive assessment services to assist employers to develop training plans for employees.

Community Education and Pre-College instruction is available through LTC’s Manitowoc and Sheboygan County Job Centers and Community Education centers. Community Education focuses on personal and professional growth. Pre-College focuses on academic preparation and includes Adult Basic and Secondary Education (ABE/ASE), English Language Learner (ELL), General Educational Development (GED), and High School Equivalency Diploma (HSED).

Distinctive/Critical Facilities, Equipment, Technologies, Regulatory Environment

LTC plans for facilities growth as well as technology expansion as it advances its mission, vision, and strategic plan. LTC allocates resources annually for equipment and remodeling projects to systematically upgrade classroom learning environments that enhance student learning.

Within its broad range of technical education, the College has many distinctive teaching/learning

facilities that use technology to enhance the students’ hands-on learning experiences. The Clinical Skills Lab offers an intravenous (IV) arms, human patient simulators, a planned radiography lab, and other hands-on learning equipment for healthcare students to practice and check off skills before placement in a clinical site externship. The human patient simulator mimic health conditions for students to practice treating. The Dental Clinic provides students an opportunity to work in a multi-chair dental clinic. Local dentists, hygienists, and assistants volunteer their time to work with students and provide community dental care.

The Public Safety Training Center offers programs and training ranging from Emergency Medical Services (EMS) to Confined Rescue. A fully operational Emergency Operations Center provides a site for hands-on training and an alternate site for emergency responders in case of an event. A state-of-the- art driving skills course offers training to emergency vehicle operators, motorcyclists, and other drivers. This course provides local agencies opportunities to train more often with the desired outcome of less traffic injuries or fatalities. A high angle rescue tower was erected to teach proper climbing and fall rescue techniques.

LTC’s renewable energy demonstrations include four grid-tied wind turbines and two photovoltaic panels which introduced renewable energy and sustainability education. The College utilizes light tubes to light spaces in place of fluorescent fixtures and lighting controls to turn-off lights in spaces not in use. In 2011, the College developed an Energy Education Center. Future sustainable infrastructure installations are planned as well as additional residential workshops and sustainability offerings. The College leases property from the LTC Foundation, for the Environmental Campus, which houses the Sustainable Horticulture and Landscape Horticulture programs.

The Kohler Center for Manufacturing Excellence includes the Nierode Building and Plastics Engineering Manufacturing Building which is a simulated modern manufacturing site that provides welding, industrial maintenance, and sheet metal trades instruction. LTC expanded this building in 2013-14, to combine and increase the welding labs, provide space for the fabrication program and add lab space for Industrial Maintenance and other programs. The Nierode building showcases robotics, programmable logic controllers, computer aided drafting, computer numerical controlled machine tools, and other hands-on learning equipment used in modern manufacturing facilities. Space in the Nierode building was remodeled in 2014 to expand the Machine Tool and CNC, Automation and Food Manufacturing programs.

LTC has collaborated with Plymouth High School to create a LTC Plymouth Science and Technology Center. High school students use the labs and classrooms during the day and LTC students use them in the evenings. In 2012, LTC in collaboration with the Department of Corrections and Bay Area Workforce Development Board purchased a truck and trailer to be used as a Mobile Manufacturing Lab. The lab contains equipment that is used for instruction and assessment in advanced manufacturing competencies, including Pneumatics, Mechanical Systems, Electricity, Motors & Controls, and Programmable Logic Controls & Touch Screen Programming.

LTC leases a former restaurant in Sheboygan to house the Culinary Arts program which launched in May 2012. The facility includes a high performance kitchen, demonstration kitchen and classroom, and a full service restaurant. Besides culinary classes, the students gain hands-on experience through managing the restaurant. Internships at various restaurants and resorts in the area provide additional learning opportunities for the students. Students in the Hotel and Hospitality, Graphic and Web Design, and Accounting programs are involved in various aspects of the program and restaurant.

The campus wide learning college classroom and technology refresh plans ensure every classroom and conference room has current and similar equipment and room arrangements to increase usability and functionality. The technology refresh plan ensures computer, network and media equipment is updated on regular cycles. Wireless networking is available throughout the campus.

In 2016, a new IT/Mechanical Design mobile lab was created that is equipped with a laptop cart with computers and software to support industry-specific training and is configured for roll-on/roll-off capability to deliver coursework, training and assessments in the mobile lab and on-site.

GOVERNANCE AND ADMINISTRATION

The District Board is the governing body of Lakeshore Technical College (LTC). Rules governing the appointment of the District Board can be found in Wisconsin State Statutes 38.08 & 38.10. A Wisconsin Technical College District Board shall be comprised of 9 members who are residents of the district with make-up as follows: three additional members, two employee members, two employer members, one school district administrator and one elected official. Equal consideration is given to the general population distribution within the LTC District as well as to the distribution of women and minorities as required by Wisconsin State Statutes Sections 38.08 and 38.10. An apportionment plan was approved in 1977 with that portion of Manitowoc County and Calumet County within the Lakeshore district representing the northern portion of the district and that portion of Sheboygan County and Ozaukee County within the Lakeshore district representing the southern portion of the district. Per Wisconsin Technical College ruling to ensure reasonable distribution by region, make-up of the Board requires that ideally four members will be from the northern portion of the district and ideally five members will be from the southern portion of the district, pending availability. Per Wisconsin Technical College

ruling to insure reasonable distribution by gender, the make-up of the Board requires a minimum of three male and three female members and a minimum of one minority member must be on the Board.

County Board Chairpersons of counties having territory within the LTC District shall constitute the appointment committee. Wisconsin statute states that the County Board Chairperson from the most populous county, will serve as the Chair of the Appointment Committee. For that reason, Sheboygan County Chair serves as Committee Chair. Terms are for three years. Officers are a chairman, vice- chairman, and secretary/treasurer.

Regular meetings of the Board are held on the third Wednesday of each month, with the exception of the July Board meeting, which is held on the second Monday of the month. This meeting is the organizational meeting of the Board, at which time officers are elected. Meetings are held in the afternoon in the Lakeshore Conference Room located on the Cleveland Campus, 1290 North Ave, Cleveland, Wisconsin. Approximately three times annually the board holds their board meeting at a business in the community. Meetings are open to the public. Agendas for these meetings are prepared by the President of the College and Board Chair. Board material is emailed to Board members a week preceding the Board meeting day. This enables the Board ample time to review agenda materials sent out prior to the Board meeting.

Lakeshore Technical College’s (LTC) commitment to continuous quality improvement and student outcome performance monitoring began in 1999 when the LTC Board adopted a Governance Model that focuses on outcomes: LTC exists so the community workforce will be well trained, diverse, flexible and will meet the needs of a changing marketplace. Learning opportunities are affordable and accessible, within available resources. In 2000, LTC was the 13th school accepted into the Higher Learning Commission (HLC) Academic Quality Improvement Project (AQIP), an accreditation pathway which is premised on principles of continuous quality improvement. AQIP requires members to work on action projects over one to three years in a cycle. Examples of the 16 LTC projects include Assessment of Student Learning, Student Retention, Educational Pathways and Improve Graduation Rates. All projects had defined goals, project monitoring and outcome measures. (http://apdarchive.hlcommission.org/)

LTC Board Guidelines

The LTC Board sets operating and debt guidelines in addition to policy, to recognize the importance of fiscal responsibility and prudent debt administration. LTC issues General Obligation Promissory Notes for capital projects including new construction, site improvement, building remodeling and improvements, and capital equipment purchases. The following budget guidelines were adopted by the LTC Board for 2016-17 planning.

  • Operating expenditure increases will not exceed revenue.

  • The operating tax levy will not exceed state parameters for net new construction.

  • Student fee increases will follow state approved rates.

  • Maintain fund balance between 20 and 35 percent of general fund revenues.

  • The College will strive to avoid borrowing for cash flow purposes.

  • Replacement budgets should be established for all recurring major equipment expenditures.

  • Capital expenditures will follow the long-term facility plan and replacement schedules.

  • The tax rate for capital replacements should not exceed $.35 per thousand dollars of equalized valuation for regular financing.

  • Major projects outside of replacement will be funded outside the replacement limit upon Board approval. Upon completion of the project the tax rate will be lowered accordingly.

  • The maturity date for any debt will not exceed the reasonably expected useful life of the equipment or project so financed.

    Administration

    The Lakeshore Technical College District administrative structure includes the District Board, the President of the College, Vice-Presidents, Chief Financial Officer, Chief Human Resources Officer, Advancement Director, Marketing Director, Deans, Associate Deans, Directors, Managers and Supervisors.

    LTC CAMPUS POLICE AND LTC CAMPUS SECURITY

    LTC Campus Police is comprised of part time sworn police officers. These officers are full and part time sworn officers from Manitowoc and Sheboygan counties. Our Campus Police officers are deputized Law Enforcement officers through the Sheriff of Manitowoc County. LTC holds a current Memorandum of Understanding to this effect. LTC Campus Police patrol the Cleveland Campus primarily when student/guest population is high on campus.

    LTC Campus Police are overseen by the Chief Human Resources Officer. The LTC Campus Police has one part-time Police Liaison officer and up to 10 part-time officers.

    The Police Liaison Officer is responsible for the overall operation and presentation of the LTC Campus Police Department and the safety procedures of the LTC district. Some of these duties include development of all applicable policies and procedures, awareness programs, management of security and safety events, scheduling, and working with local public safety officials. The LTC Police and Police Liaison Officer are also a participating member of the Crisis Leadership Team.

    LTC Campus Police part-time positions receive extensive training in Law Enforcement procedures through their primary agencies. Duties of the LTC Campus Police Officers include preventative patrol procedures, personal escorts, lock/unlock rooms upon request, response to incidents and case

    investigation. LTC Campus Police may be reached at (920) 946-6310 or via 911 through Manitowoc County Dispatch. LTC Campus Police have direct radio contact through Manitowoc County Dispatch.

    LTC Campus Security is overseen by one of our LTC Campus Police Officers and is comprised of part- time Security officers. LTC Campus Security Officers are hired directly from the LTC Criminal Justice/Security and Corrections Programs. LTC Campus Security officers are non-sworn and receive additional training on report writing, patrol operations and professional communications. LTC Campus Security are scheduled to work when student/guest populations are lower on the Cleveland campus. LTC Campus Security officer’s duties include preventative patrol procedures, personal escorts, lock/unlock rooms upon request, and response to incidents. LTC Security staff will communicate with either LTC Campus Police or our Local Law Enforcement partners where additional Law Enforcement investigation is required.

    The Lakeshore Technical College District is very proud to have a very close working relationship with all our local law enforcement agencies. With their assistance, we are better able to provide a safe and secure environment to all who enter our campuses.

    ANNUAL DISCLOSURE STATEMENT

    The LTC Campus Police prepares this report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The full text of this report can be located on our website. You will also be able to connect to our site via the Lakeshore Technical College home page at gotoltc.edu. This report is prepared in cooperation with the local law enforcement agencies within the jurisdictions of our Lakeshore Technical College campuses. Each entity provides updated information on their educational efforts and programs to comply with the Act.

    Each year, a postcard is mailed to all enrolled students and registered staff that provides the web site access to this report. Copies of this report may also be obtained from the LTC Campus Police/Security Department located in Room L180A at the LTC Cleveland Campus or by calling (920) 946-6310.

    THE HIGHER EDUCATION OPPORTUNITY ACT (HEOA)

    Effective August 14, 2008, the HEOA Act requires each institution governed by the Jeanne Clery Act to immediately notify the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students and staff on campus. The Lakeshore Technical College District fully complies with HEOA and in furtherance of that compliance, some or all of our systems may be used such as the emergency notification system (Blackboard Connect) television monitors, loud speakers, fire alarm, and emergency evacuation maps located throughout the individual sites. Once there is a confirmation of such an event, the LTC Crisis Leadership Team will determine the appropriate means of message dissemination in the swiftest manner available. If in the professional judgment of the responsible authorities, activating the

    notification system may compromise any efforts to mitigate the event or assist victims, notification may be delayed or not issued.

    The HEOA also requires a statement as to the existence of agreements, such as a Memorandum of Understanding (MOU), between the institution and local or state law enforcement. Such agreements do exist between the College and the local law enforcement authorities including a signed Memorandum of Understanding.

    SECURITY AWARENESS PROGRAMS

    Lakeshore Technical College Police & Security Office is committed to a safe and secure environment. This is achieved by various training and informational methods. The Police & Security Office partners with other organizations in the college to offer various crime prevention programs such as personal protection, drug and alcohol abuse, harassment, dating and domestic violence, sexual assaults, stalking and work place violence.

    Various incidents that occur throughout the nation may precipitate other awareness programs and training to better help students and staff to feel better about their safety and security at LTC and in their homes.

    CRIME/INCIDENT REPORTING

    Lakeshore Technical College encourages all persons attending or visiting the campus to report all real or perceived criminal acts and/or all other incidents of suspicious or medical nature to the LTC Campus Police/Security Department so proper and appropriate follow-up or assistance can be provided.

    To report a crime, call the LTC Campus Police/Security Department at (920) 946-6310, or in an emergency dial 911 for local public safety officials. Reporting of crimes can be accomplished 24 hours a day by any of the following means:

    Campus Police/Security Officers:

    Incidents on the Cleveland Campus can be reported to an LTC Campus Police officer/Security Officer making routine patrols of the LTC Campus. All LTC Campus Police Officers are trained in advanced recognition of criminal activity or suspicious behavior and are able to properly facilitate a response to all criminal acts and/or situations. Shall it be deemed necessary; an LTC Police Incident Report will be generated and completed in a timely manner. LTC Campus Police/Security Officers shall make the decision whether outside assistance from other police authorities is needed. The on duty security officer will always have the ability to confide with their supervisor for further guidance.

    The additional LTC campuses have the ability to have phone contact with the Cleveland Police Department during any hours of operation. In the event of true emergencies it is recommended that the local law enforcement agencies are contacted promptly for their intervention. These incidents would still require an LTC Police Incident Report for proper documentation.

    Campus Police/Security Department:

    The main LTC Campus Police/Security Department is located on the Cleveland Campus in Room L180a. The phone number is (920)693 1155 (1155 on any house phone) or (920) 946-6310 (cell).

    Emergency Contact Information

    Emergency Contact Information is posted throughout the Campus. Information on the signs includes LTC Police/Security phone number and also 911. Signs are located in all parking lots and pathways leading to buildings. In each case, immediate and professional assistance will be available.

    Closed Circuit Televisions:

    The LTC Cleveland campus is monitored by CCTV locally. Local law enforcement agencies have access to this footage through the LTC Campus Police. LTC Campus Police also have access to temporary/portable cameras which may be installed at our other locations if needed. This is done in an effort to maintain a safe and secure environment for our student’s staff and visitors.

    Confidential Reporting Policy

    If you are the victim of a crime and do not want to pursue action by the LTC Campus Police/Security Office, you may still want to consider making a confidential report. With your permission, LTC Police/Security Staff will report on the details of the crime without revealing your identity. The purpose of the confidential report is to comply with your wish to keep the matters confidential, while taking steps to ensure the future safety of yourself and others. With such information, LTC Police/Security can keep an accurate record of the number of incidents involving students, determine where there is a pattern of crime with regards to a particular location, method, or assailant, and alert the campus community of potential danger. Reports filed in the matter are counted and disclosed in the annual crime statistic for Lakeshore Technical College.

    Off Campus Reporting

    Because of the limited scope of authority vested in the LTC Police/Security Department, we are currently unable to monitor or provide security services to students and staff while off of any LTC Campus. Criminal activity and law enforcement services to student and staff off campus are provided by the local police departments when violations of federal, state, or local laws surface. This

    cooperative team approach addresses situations as they arise as well as future concerns to the students, staff and community. Our Law Enforcement Partners are as follows:

    Cleveland Village Police

    Manitowoc County Sheriff

    Manitowoc City Police

    1150 West Washington Ave

    1025 S 9th St

    910 Jay St

    Cleveland, WI 53015

    Manitowoc, WI 54220

    Manitowoc, WI 54220

    (920)693-3442

    (920)683-4200

    (920) 686-6500

    Sheboygan County Sheriff

    Sheboygan City Police

    525 North 6th St

    1315 N 23rd St

    Sheboygan, WI 53081

    Sheboygan, WI 53081

    (920) 459-3112

    (920) 459-3333

    COUNSELING SERVICES CONFIDENTIALITY STATEMENT

    Lakeshore Technical College’s counselor is required by law and by professional ethics to protect the confidentiality of all communication between counselor and counselee. In some situations involving danger and/or risk of imminent harm, counselors are required to disclose certain information in order to protect all involved. In certain legal situations, including court orders, counselors are required to disclose information as necessary to comply with the law in that situation. If at all possible, the counselor will discuss the procedures for doing this and enlist counselee’s assistance in a resolution of the situation that has necessitated such disclosure. The counselors is encouraged to inform people being counseled of the procedures to report crimes to Campus Police on a voluntary basis for appropriate investigation and inclusion into the annual report statistics.

    Response Teams

    The Governor’s Task Force on Campus Safety report was released in November of 2007 after the tragic event that occurred at Virginia Tech. In this comprehensive report one of the foremost recommendations was for colleges and universities to create a threat assessment team to identify, evaluate, and address concerns of staff and students. Lakeshore Technical College embraced this idea and created two response teams. The Crisis Leadership Team (CLT) and the Behavioral Intervention Team (BIT)

    It is the purpose of the Crisis Leadership Team Charter to provide a safe and secure environment for students, staff, and visitors through creation, implementation, and continuous improvement of procedures based on current issues.

    The Crisis Leadership Team (CLT), in conjunction with the College President and Leadership Team create and update a master plan document that includes the response objectives, preparation practices and recovery options implemented during unplanned emergencies and disasters of various magnitudes. Lakeshore Technical College is prepared to respond, react, and recover from a multitude of emergency and disaster situations that have been determined to possibly threaten the safety and

    security of anyone within campus facilities, on campus grounds, as well as engaging in the oversight and management of the recovery effort to restore buildings and infrastructure affected by a variety of emergency or crisis situations.

    The Behavior Intervention Team (BIT) coordinates responses to student behaviors of concern to other students, faculty, or staff. When red flags are raised about specific student behaviors, team members will follow up on these concerns. The team does not replace other classroom management or disciplinary processes but is a resource to help at-risk students and ensure the safety and security of everyone on campus.

    The interdisciplinary team meets regularly to assess and implement intervention plans for students deemed to be at risk to themselves or others socially, mentally, or physically. The team strives to balance the needs of behaviorally at-risk students with the safety and security of the larger college community.

    Timely Warning

    In compliance with the Jeanne Clery Act, any incident on or off campus that is an ongoing or continuing threat to the student, staff, or visitor population, a timely warning will be issued. This warning will be at the discretion of the President of the College (or their designee) and the Crisis Leadership Team and Campus Police. This will be distributed as soon as possible after the incident is reported. This report will consist of as much information about the offender(s), victim(s), and locations(s) of the incident as possible to keep other students, staff and visitor’s safe, but will also be limited as to not compromise an ongoing investigation or violate any HIPPA or FERPA Laws.

    To reach as many people as possible, the timely warning will be distributed across many different medias as possible. Immediate issues will be dealt with via a public address system within and around the Lakeshore Technical College area, as well as through text, phone and email messaging (Blackboard Connect). Follow up warning will be posted on exterior doors of any affected LTC location, on the main page of the LTC website, electronically mailed and texted to members of the LTC campus community. Furthermore, timely warnings will be posted on the TV monitors throughout the location to advice of the situation at hand. If feasible or needed, a media report will be released to local radio and TV stations for mass broadcast. Information received by text, phone and email will be through the Blackboard Connect mass notification system, the cost is free for students and staff.

    Emergency Response and Evacuation

    In the event of a serious threat or emergency situation the college population will be notified as to their appropriate response through various means. Some or all of our systems may be used such as emergency notification system (Blackboard Connect), television monitors, loud speakers, fire alarm, and emergency evacuation maps located throughout the individual sites. Once there is a confirmation of such an event the Crisis Leadership Team will determine the appropriate means of message dissemination in the swiftest manner available. If in the professional judgment of the responsible

    authorities, activating the notification system may compromise any efforts to mitigate the event or assist victims, notification may be delayed or not issued.

    COLLEGE ACCESS CONTROL

    Lakeshore Technical College uses a card access locking system for all exterior doors. This allows for greater access control throughout the district and allows for a faster response when an access card is lost, misplaced or stolen. All access key cards are the property of Lakeshore Technical College and must be returned upon the request of the proper authority.

    During business hours, Lakeshore Technical College will be open to students, parents, employees, contractors, guests and invitees. During non-business hours, access to all college facilities will only be given to those staff needing to be in the building after hours as part of their regular job requirements (e.g. Information Technology, Facilities, Contracted Cleaning). Anyone needing access to the Campus during non-business hours not mentioned in the above statement or not normally granted after hour’s access will need to contact the Campus Police & Security Office at 920-946-6310.

    ALCOHOL AND DRUG POLICY

    Lakeshore Technical College is committed to upholding all local, state and federal laws concerning the use and abuse of alcohol and controlled substances, and will support campus community efforts to reduce or eliminate violations of such laws. Lakeshore Technical College complies with the standards set in the Drug-Free Workplace Act of 1988. Possession, use sale and distribution of alcohol, controlled substances and illegal drugs by students, employees, vendors and visitors on college property or at sponsored college events or by employees on district business while off of district premises without authorization is strictly prohibited.

    In addition, no students, employees or visitors shall be impaired by alcohol, controlled substances, and illegal drugs or in possession of any drug paraphernalia on college premises or at any college sponsored activity, or in the case of employees, on district business that is conducted off premises.

    Students and employees violating the above can be subject to disciplinary action by the college and involvement by the local policing jurisdiction. For further information refer to the Drug-free Workplace/Schools/Communities Policy referenced in the LTC Student Planner and Handbook.

    Alcohol and Drug Abuse (AODA) Prevention Program

    Lakeshore Technical College recognizes that the misuse and abuse of alcohol and other chemicals is a serious health problem affecting every aspect of human life. Some of these problems include:

  • Diseases of the liver, brain, heart, pancreas and every other organ and/or system in the body;

  • Depression, moodiness, disorientation and lack of inhibitions, which can lead to increased risk of accident, suicide and violent behavior including homicide;

  • Difficulties with memory, concentration, attention span, abstract reasoning and the ability to process perceptual information in a manner consistent with reality;

  • Spontaneous miscarriage and fetal malformations including physical, cognitive and emotional problems which can be permanent; and

  • The risk of dependency and its related physical, mental emotional, social, legal, family and financial problems.

    A student in need of assistance to work through such problems is encouraged to contact the LTC counseling office. Conscientious efforts to seek such help shall not in themselves jeopardize any student’s enrollment and will not be noted in the student’s educational record. Any assistance provided can be done anonymously and is kept completely confidential within legal guidelines.

    HARASSMENT/SEXUAL MISCONDUCT/DISCRIMINATION POLICY

    LTC Mission and Vision

    Mission: To enrich lives and strengthen the economy by preparing a work force that is skilled, diverse, and flexible.

    Vision: To meet the needs of the future with innovation and excellence.

    Policy Introduction

    The Lakeshore Technical College (LTC) is bound by, and supports, all applicable laws. The Title IX of the Higher Education Act of 1972 ensures the College does not discriminate on the basis of sex in its education programs and the Campus Sexual Violence Elimination Act (SAVE) of 2013 and Violence Against Women Reauthorization Act (VAWA) ensures that colleges and universities implement policies and programs to prevent sexual assault, dating violence, domestic violence, and stalking.

    LTC does not discriminate on the basis of gender, gender identity, or sexual orientation in administration of its educational policies, admissions policies, scholarship and loan programs, and other College-administered programs or in its employment practices. Students, instructors, and staff are subject to various federal, state and local laws, which regulate civil and criminal conduct. Title IX of the Higher Education Act of 1972 (“Title IX”) prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual assault and harassment are forms of sex discrimination that are illegal under Title IX. Sexual assault is an act of sexual violence, which involves any form of sexual contact or conduct without a person's consent. Title IX and the Campus Sexual Violence Elimination Act of 2013 ensure that colleges and universities implement policies and programs to prevent sexual harassment, sexual assault, stalking, relationship based violence, and hate crimes.

    Students are encouraged to direct Title IX questions, concerns, and complaints to the Title IX Coordinator or the appropriate employee or student coordinator. If a Title IX Coordinator is alleged to be the person who engaged in discrimination or sexual misconduct, the report may be filed with another of the named offices. Complaints can also be filed with the Office of Civil Rights (OCR). The OCR encourages complainants to follow the College’s process prior to filing a complaint with OCR; however, it is not required. Generally, complaints must be filed with OCR within 180 days of the alleged event. Complaints can be filed with OCR via email at ocr@ed.gov and by completing an electronic complaint form at http://www2.ed.gov/about/offices/list/ocr/complaintintro.html

    Consistent with federal and state law and the intended culture of the College, LTC strives to provide a safe and welcoming campus environment. In order to attain this goal, the College seeks to provide safety, privacy and

    confidentiality where possible, and support to victims of sexual assault and violence at all LTC campuses and Regional Learning Centers. LTC offers educational programming to promote the awareness and prevention of rape, acquaintance rape, sexual assault, sexual harassment, domestic violence, dating violence, and stalking. There are instances where conduct or content of a sexual nature is a legitimate part of the curriculum; whereas, the same conduct might be sexual harassment in another context. Reports involving violations of this policy will be taken seriously and incidents will be responded to in a prompt and equitable manner.

    Laws and the requirements of this policy affect all relationships within the College community, including, but not limited to:

  • Student relationships with other students

  • Instructor and staff conduct toward students

  • Student conduct toward instructors and staff

  • Conduct between members of different genders

  • Conduct between members of the same gender

  • Conduct toward persons outside the LTC community may be considered a violation of this policy if the College concludes there is a sufficient connection between the conduct and the College to warrant the College taking action

  • Conduct between campus visitors and students or employees

    LTC has a zero tolerance policy for gender-based misconduct. When an allegation of misconduct is brought to an employee or student coordinator’s attention, and a respondent has been found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are not repeated. This policy has been developed to:

  • reaffirm these principles

  • provide recourse for individuals whose rights have been violated

  • define community expectations

  • establish when expectations have been violated

    On-campus violations include any violation which occurs: within the geographic confines of the college, including its land, institutional roads and buildings, its leased premises, common areas at leased premises, the property, facilities and leased premises of organizations affiliated with the college.

    Because off campus events can impact the learning environment while a student is attending LTC, LTC will also consider the effects of off-campus misconduct when evaluating whether there is a hostile environment on- campus or in an off-campus education program or activity. Students should be aware that off campus violations that have a downstream effect on the College or its students are subject to disciplinary sanctions. As examples, sexual misconduct and harassment are within the college’s interest when the behavior:

    *involves conduct directed at or by a college student or other member of the college community (e.g. outside employment)

    *Occurs during college-sponsored events (e.g. field trips, social or educational functions, college-related travel, student recruitment activities, internships and service learning experiences.

    *Occurs during the events of organizations affiliated with the college, including the events of student organizations.

    *Occurs during a Study Abroad Program or other international travel; or

    *Poses a disruption of threat to the college community.

    The college cannot fully address the continuing effects of off-campus sexual violence on campus or in an off- campus education program or activity unless it processes the complaint and gathers appropriate additional information in accordance with its established procedures.

    Overview of Policy Expectations with Respect to Consensual Relationships

    There are inherent risks in any romantic or sexual relationship between individuals with unequal authority (such as an Instructor and student or supervisor and employee). These relationships may be less consensual than perceived by the individual whose position has the authority. The relationship also may be viewed in different ways by each of the individuals, particularly in retrospect. Furthermore, circumstances may change, and conduct previously welcomed may become unwelcome and a consensual romantic or sexual relationship may no longer be consensual for both individuals. For the personal protection of all individuals associated with LTC, relationships in which there may be real or perceived authority (Instructor-student, staff-student, administrator- student) a college policy has been established. Policy: http://www.gotoltc.edu/Assets/gotoltc.edu/pdf/about- us/Consensual%20Relationship%20Policy.pdf

    Procedure: http://www.gotoltc.edu/Assets/gotoltc.edu/pdf/about- us/Consensual%20Relationship%20Procedure.pdf

    A consensual romantic sexual relationship in which there is a direct supervisory or evaluative role over another individual must be immediately communicated to the colleges Human Resources Office so that arrangements to remedy the supervisory or evaluative conflict can be implemented to avoid any violation of college policies and federal or state laws/statutes.

    Definitions

    In addition to the following definitions, the Wisconsin statutory definitions of violent acts against women are included in the appendix of this policy.

    Student

    Any person who is currently enrolled for a course of study.

    Consent

    Consent is informed, knowing and voluntary participation in any desired sexual activity. Sexual intimacy requires that all participants consent to the activity. Consent between two or more people is defined as an affirmative agreement to engage in sexual activity. Consent can be given by words or actions, as long as those words and actions create a clear and mutually understandable permission regarding the conditions of sexual activity. The person giving the consent must act freely, voluntarily, and with an understanding of his or her actions when giving the consent. Lack of protest or resistance does not constitute consent, and silence alone cannot be interpreted as consent. Relying solely on non-verbal communication can lead to misunderstanding. Persons who want to engage in sexual activity are responsible for obtaining consent—it should never be assumed. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent to future sexual acts.

    Consent must be present throughout the sexual activity—at any time, a participant can communicate that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved.

    A person who is incapacitated cannot give consent to engage in sexual activity. The issue is whether a reasonable unimpaired person would know that the other person was incapacitated. Incapacitation can result from alcohol or other drug use, unconsciousness, blackout, mental disability, sleep, involuntary physical restraint, or from being drugged. A respondent cannot defend a violation of this policy by claiming that he or she was impaired from alcohol or drug use and unable to tell whether the complainant was incapacitated.

    Wisconsin law also states the following individuals are not able to provide consent:

  • Individuals who are asleep or unconscious

  • Individuals who are unable to communicate consent because of a mental or physical condition

  • Generally minors under the age of 16

    LTC may conclude that an instance of sexual contact was sexual assault, because it was without another person’s consent, even if that conduct would not meet the standard of a criminal sexual assault. For example, it is possible the College would conclude under some circumstances that a person who was intoxicated on alcohol could not consent, and therefore, did not give consent to sexual contact, even though the criminal courts might not reach the same conclusion.

    Coercion

    Coercion is defined as compelling someone to act based on:

  • an unreasonable amount of pressure

  • harassment

  • threats

  • intimidation

    When someone makes clear that he or she does not want to engage in sexual conduct, wants it to stop, or does not wish to go past a certain point of sexual interaction, continued pressure beyond that point is coercive.

    Retaliation

    Retaliating directly or indirectly against a person who has, in good faith, filed, supported, or participated in an investigation of a complaint of sexual misconduct, as defined above, is prohibited. Retaliation includes, but is not limited to, ostracizing the person, pressuring the person to drop or not support the complaint, or to provide false or misleading information, or engaging in conduct that may reasonably be perceived to affect adversely that person's educational, living, or work environment. Retaliation also includes similar conduct engaged in by a third party at the complainant’s or respondent’s request. Depending on the circumstances, retaliation may be unlawful and may constitute a violation of this policy, whether or not the Title IX complaint is ultimately found to have merit.

    Hate Crime

    The victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability.

    Sexual Misconduct

    Sexual misconduct is a broad term encompassing any non-consensual behavior of a sexual nature that is committed by force or intimidation, or that is otherwise unwelcome

    Sexual misconduct includes:

  • sexual assault

  • sexual exploitation

  • sexual harassment

  • stalking

  • relationship violence (domestic and dating)

  • hostile environment

    Sexual misconduct may vary in its severity and consists of a range of behaviors or attempted behaviors. It can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship.

    Sexual misconduct can occur between members of the same or different gender and can also occur while individuals are fully clothed.

    Sexual Assault

    Sexual assault is defined very broadly by criminal law. It includes a wide variety of conduct from sexual intercourse to sexual contact, without the consent of the other person. Criminal sexual contact can be as limited as a single instance of touching a woman’s breast, buttocks, or genital area, or touching a man’s buttocks or

    genital area, without that person’s consent, even if the person touched is fully clothed. Other examples of sexual assault include:

  • rape

  • acquaintance rape

  • forcible fondling

  • sodomy (oral or anal intercourse)

  • sexual penetration with an object

    Sexual Exploitation

    Sexual exploitation involves taking non-consensual sexual advantage of another person, even though the behavior might not constitute one of the other sexual misconduct offenses. Examples can include, but are not limited to the following behaviors:

  • Distribution or publication of sexual or intimate information about another person without consent, including by means of social media

  • Electronic recording, photographing, or transmitting sexual or intimate utterances, sounds, or images without knowledge and consent of all parties

  • Engaging in indecent exposure

  • Voyeurism - Voyeurism involves both secretive observation of another’s sexual activity and secretive observation of another for personal sexual pleasure

  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)

    Sexual Harassment

    Sexual Harassment is defined as unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that has the effect of unreasonably interfering with, denying or limiting someone's ability to participate in, or benefit from the College's educational program and/or activities and is based on power differentials. This policy prohibits conduct that would violate Federal and State laws. Sexual harassment includes:

  • Unwelcome sexual advances or requests for sexual favors

  • Unwelcome verbal or physical conduct of a sexual nature

  • Making submission to, or rejection of, such conduct a factor in academic or employment decisions affecting the student or employee

  • Permitting such conduct to unreasonably interfere with a student’s academic performance or an employee's work performance

  • Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature or submission to or rejection of such conduct results in adverse educational or employment action (Quid pro quo)

  • Adverse educational or employment action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct (retaliatory harassment)

    Examples of Sexual Harassment:

  • An instructor insists that a student have sex with him or her in exchange for a good grade. This is harassment regardless of whether or not the student submits to the request

  • A student repeatedly sends sexually oriented jokes through social media, even when asked to stop, causing one recipient to avoid the sender

  • Explicit sexual pictures are displayed in an instructor’s office, on a bulletin board in a lab or on a computer monitor in a public space

  • An instructor engages students in discussions about their past sexual experiences, yet the conversation is not in any way relevant to the subject matter of the class. An instructor probes for explicit details and demands that students answer although they are clearly uncomfortable and hesitant

  • An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend turning him into a social outcast on campus

    Stalking

    Stalking involves harassment, intimidation, surveillance or a similar course of repeated conduct that is intended to cause a reasonable person to fear for his or her safety or suffer substantial emotional distress, serious physical injury, or death. Stalking includes conduct directed at the victim’s immediate family, a spouse, or intimate partner. Stalking can also be a form of sexual harassment and/or it can involve a total stranger.

    Relationship Violence

    Relationship violence is conduct in which the parties involved know each other or had a prior relationship and may include acquaintance rape, dating violence and domestic violence.

    Domestic Violence

    Domestic Violence refers to violence committed by a:

    • current or former spouse or intimate partner

    • current or former cohabitant

    • person with whom a victim shares a child in common

    • person similarly situated to a spouse under domestic or family violence law

    • anyone else protected under domestic or family violence law

      Dating Relationship

      Dating violence is inappropriate conduct when the parties involved are, or have been, in a romantic or intimate relationship and does not include a causal relationship between two individuals in a business or social context. Whether a relationship exists will depend on the length, type, and frequency of interaction.

      Hostile Environment

      Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, persistent or pervasive such that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.

      The determination of whether an environment is “hostile” must be based on all of the circumstances listed here. These circumstances may include, but are not limited to:

  • The frequency of the conduct

  • The nature and severity of the conduct

  • Whether the conduct was physically threatening

  • Whether the conduct was humiliating

  • The effect of the conduct on the alleged victim’s mental or emotional state

  • Whether the conduct was directed at more than one person

  • Whether the conduct arose in the context of other discriminatory conduct

  • Whether the conduct unreasonably interfered with the alleged victim’s educational or work performance

    Other Misconduct Offenses (when gender based)

  • Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person

  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another

  • Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally

    Title IX Coordinators

    The Title IX Coordinator positions have been established to oversee all sex discrimination, sexual harassment, and sexual assault and relationship violence complaints at the College, and to promote an environment that is free of gender bias and misconduct. The Title IX Coordinators are responsible for conducting an annual report and review of complaints to ensure compliance with Title IX, make improvements, and identify any patterns or systemic problems within the College Community. The Title IX Coordinators serve as a neutral administrator and resource to students and employees to answer questions, to coordinate reporting and handling of complaints, to review internal disciplinary proceedings and remedies, to provide education, training, and guidance to public

    safety, student development, human resources and other personnel involved with investigations and disciplinary proceedings. LTC Title IX Staff and Student Coordinators are:

    Student Title IX Coordinator Staff Title IX Coordinator

    Douglas Gossen Kathleen Kotajarvi

    Vice President of Student Services Chief Human Resources Officer

    920.693.1221 920.693.1163

    doug.gossen@gotltc.edu Kathleen.kotajarvi@gotoltc.edu

    Title IX Deputy Coordinators

    The College has designated Deputy Title IX Coordinators to assist the Title IX Coordinators. Title IX Deputy Coordinators are responsible for assisting the Title IX Coordinators to conduct training, climate assessments, and facilitate communications on behalf of the College with the student or employee who reports a violation, the respondent, and with any administrators responsible for administering this policy.

    LTC Title IX Deputy Coordinators:

    Student Deputy Coordinator Staff Deputy Coordinator

    Kristi Irving Lisa Kwarciany

    Counselor Human Resources Analyst

    920.693.1663 920.693.1158

    kristi.irving@gotoltc.edu lisa.kwarciany@gotoltc.edu

    Confidential Resources

    Confidential contacts are employees, designated by the college, who are prohibited from sharing student concerns regarding potential discrimination and misconduct. Healthcare professionals within Campus Institution and licensed counselors are confidential resources.

    Students

  • LTC Licensed Professional Counselor, Kristi Irving 920.693.1663 kristi.irving@gotoltc.edu Employees

  • Employee Assistance Program: 888.604.3405

    Non-Confidential Reporters

    All College employees, other than confidential resources listed above, have an obligation to report to a Title IX Coordinator, information regarding sexual misconduct incidents made known to them, or that they have reasonable cause to suspect that such conduct might have occurred. Employees are required to caution students about confidentiality issues and to advise students that the employee is required to report potential or alleged violations of this policy. Even if a student refuses to file a complaint with the College or the police or participate in a disciplinary proceeding, the College may need to further investigate reports of sexual misconduct. To the extent possible, student privacy will be maintained and information will only be shared with individuals on a “need to know” basis.

    If you are unsure of someone’s responsibilities and duties for maintaining your privacy, ask them BEFORE you talk to them. They should be able to tell you and help you make decisions about who can best help you while maintaining your privacy.

    Training

    Sexual misconduct awareness and prevention training takes place during Welcome Week for new students. Additional programs and offerings are available through student activities. Resources and training materials can be found on the LTC web site and in other publications, such as the LTC Student handbook. In accordance with LTC’s mission and vision, as well as Federal guidelines, training about the policy and procedures regarding sexual assault and relationship violence is available for all students and required for all faculty and staff. Best practices identified through the United States Department of Education and Violence Against Women Act will be used to develop awareness programs.

    Bystander Intervention training will provide tips and resources to assist students when faced with a situation and to safely intervene if someone is at risk of being assaulted. In addition, the College will periodically conduct a campus climate survey to gain a stronger understanding of social issues impacting students, and the effectiveness of College prevention efforts, policies, and resources that address them.

    LTC Policy Application

    LTC’s policy to address cases of alleged sexual misconduct is designed to:

  • Consider the rights of the complainant, the rights of the respondent, the safety of the community, and compliance with applicable laws and College policies

  • Conduct a timely, fair, impartial, and equitable investigation and adjudication process with thoroughness and respect for all involved parties

  • Protect the privacy of all parties to the extent practical, while balancing the need to perform an investigation, follow the procedures outlined below, comply with applicable law, and maintain campus safety

  • Provide appropriate remedies and sanctions to address the discriminatory effects of sexual misconduct on the complainant and others

  • Support the needs of the complainant and respondent in the areas of emotional and mental health, physical well-being, and safety from future violence or retaliation

    LTC specifically prohibits all forms of sexual misconduct and violence including, but not limited to, rape, acquaintance rape, sexual assault, sexual harassment, dating violence, domestic violence, stalking, and hate crimes between or against members of its college community. This policy will apply regardless of whether a criminal proceeding has been initiated, the conduct occurred on campus, or involved a College sponsored activity. The College will take appropriate measures to address violations of this policy in a manner that is reasonable to prevent such conduct from recurring and to minimize the effects on victims and the LTC community. Retaliation for filing a report or complaint or for participating in a related investigation or disciplinary proceeding is also a violation of this policy.

    In instances where a complaining party insists on confidentiality, it may limit the College’s ability to respond. Depending upon the circumstances, the College may not be able to ensure confidentiality because of its obligation to provide a safe and non-discriminatory environment for all students. Factors that may impact the request include the seriousness of the alleged conduct and whether there have been other complaints about the same individual. Confidential resources available to consult with students are listed in this policy.

    Once a LTC employee (non-confidential reporter) has either been told or should have known about an incident(s) of sexual harassment or sexual misconduct, LTC will:

  • Take immediate and appropriate steps to investigate what occurred

  • Take prompt and effective action to:

    • Stop the harassment

    • Remedy the effects of the behavior

    • Prevent the recurrence of said behavior

    STUDENT COMPLAINT PROCEDURE

    Notice

    Any student who believes he, she or another student has been the victim of any form of sexual misconduct is encouraged to file a complaint identifying the alleged individual and describing the conduct, incident(s) or occurrence(s) that form the basis for the complaint. Students may file complaints with any LTC College employee, who will then notify the Title IX Coordinator/Deputy Title IX Coordinator for students. If the Title IX Coordinator or Deputy Title IX Coordinator for Students is alleged to be the person who engaged in discrimination or sexual misconduct, the incident will be investigated by the Title IX Coordinator for Employees.

    Any LTC staff member can help with filling out the sexual misconduct incident report. Incident reports can be found at: http://www.gotoltc.edu/Assets/gotoltc.edu/pdf/about-us/Sexual%20Misconduct%20Incident%20Report.pdf. If, due to a disability, accommodations are needed to assist the student with filing a complaint, please contact: Disability Services at (920) 693.1222. The complainant is encouraged to file the complaint as soon as possible after the incident to ensure a prompt and effective due process for all the parties involved in the situation.

    If the complainant requests confidentiality or requests that the complaint not be pursued, the trained Title IX Coordinator/Deputy will take all reasonable steps to investigate the complaint and respond consistently with the complainant’s request. If the College determines that an investigation needs to continue, the alleged respondent will be told that the complainant requested the College to not proceed. Information will only be shared with individuals responsible for addressing incidents of sexual violence. Prior to disclosing information, the complainant will be notified of the information to be disclosed, whom it will be disclosed to, and why the information needs to be disclosed. Honoring a request for confidentiality may limit the College’s ability to respond to the allegation, including pursuing sanctions and remedies against the respondent(s). In addition, the College will need to determine if the confidentiality request can be honored while providing a safe and non-discriminatory environment. The College will take steps to maintain confidentiality of persons reporting incidents of sexual misconduct and relationship violence in records available for public inspection by using alternative means of identification and not including personally identifiable information in the annual campus security report, campus crime log, and emergency warning notices required under the Clery Act. Requests for confidentiality will be evaluated in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for all students.

    A complainant has the option to file a criminal report with a local law enforcement agency. The Title IX Coordinator/Security Department will offer to provide assistance if the individual elects to contact the police. Declining to speak with a Title IX Coordinator/Deputy Coordinator or the police at the time of the initial report does not prevent the individual from filing a criminal report or a Title IX complaint at a later date. The LTC Security Department may seek the assistance of local law enforcement agencies in the investigation.

    The College will not condone false reporting. Any person who makes a report that is later found to have been intentionally given falsely or made maliciously without respect for the truth may be subject to suspension or expulsion.

    Initial Remedies

    Prior to initiating an investigation, the Title IX Coordinator/Deputy Title IX Coordinator will meet with the complainant to explain the investigation process and the eventual resolution process to the student. The College Title IX Coordinator/Deputy Title IX Coordinator will encourage him/her to participate fully in the investigation and hearing processes as well as provide a list of resources. Students will also be notified of their rights and the process to file a complaint with local law enforcement. If necessary, initial remedial actions will be discussed such as:

  • No contact agreement between complainant and respondent

  • Change in academic and office assignment situations if requested by complainant or respondent and reasonably available, for the complainant and respondent

  • Absence and assignment requirements

  • Request for leave of absence or withdrawal

  • Plan to address safety concerns

Preliminary Investigation

Throughout the investigation, appropriate support for the complainant and respondent will be provided. Complainants and respondents will be informed of campus and community resources, including counseling and other health services. These options will be made available to the individual regardless of whether he or she proceeds with a formal complaint under LTC College policy or files a criminal report or complaint with the police. In compliance with guidelines distributed by Office of Civil Rights (OCR), in their 2011 Dear Colleague Letter, LTC uses a “preponderance of the evidence” (more likely than not) standard for determining responsibility. This is different than the standard used in a criminal investigation.

A preliminary investigation will be conducted to determine if there is reasonable cause to believe a policy was violated. If no reasonable grounds for the complaint are found, the Title IX Coordinator will dismiss the case. The complainant will be informed why the act does not constitute sexual misconduct and voluntary, informal methods may be used to resolve the complaint. If it is determined by the College Title IX Coordinator that there may be some validity to the allegation, a formal investigation will begin immediately.

Sanction Statement

The College reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct to protect students’ rights and personal safety. Such measures include, but are not limited to, class schedule modifications, interim suspension from campus pending a hearing, and reporting the matter to the local police.

Not all forms of sexual misconduct will be deemed to be equally serious offenses and the College reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. Previous conduct code violations will be considered in determining the appropriate sanction. The College will consider the concerns and rights of both the complainant and the respondent of sexual misconduct.

The Title IX Coordinator has the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. The initial investigative team, appeals body,

or designee may not deviate from the range of recommended sanctions unless there is compelling justification to support a deviation.

Formal Investigation Process

The following process will be used to further investigate allegations:

  1. Upon receiving a complaint, the Deputy Title IX Coordinator for Students will facilitate a fact-finding investigation to review the complaint. The Deputy Title IX Coordinator for Students will conduct interviews with the complainant, respondent, and other appropriate individuals. The investigation will be prompt, thorough and impartial.

  2. The intent of the interview with the complainant, respondent and potential witnesses is to determine a true and complete account of the complaint. The following information will be sought during the interview process:

    • The severity of the conduct

    • The number and frequency of acts of alleged harassment

    • The apparent intent of the person alleged to have engaged in sexual misconduct

    • The relationship of the parties

    • The response of the complainant at the time of the incident(s)

    • The relevant educational/work environment

  3. Periodic updates to the complainant and the respondent will be provided during the entire process.

  4. All persons involved in a sexual misconduct investigation will be reminded that the incident is not to be discussed and that retaliatory action against the complainant, respondent or witnesses will not be tolerated.

  5. The Deputy Title IX Coordinator for Students will submit a report to the College Title IX Coordinator detailing the allegations, evidence collected, and statements from the complainant, respondent and any relevant witnesses to the conduct. The report will include the Deputy Title IX Coordinator for Students finding as well as any recommendations for sanctions, if warranted.

    A written record of the investigation will be made, including all notes made of interviews, conversations, or verbal responses to questions posed by the Title IX Deputy Coordinator to the complainant, witnesses or respondent, and any other aspects of the investigation.

  6. The College Title IX Student Coordinator will review the investigative report, evidence and all known circumstances from the Deputy Title IX Coordinator for Students and make a final determination. The preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred) will be used to investigate allegations of sexual harassment or violence.

  7. Potential sanctions for students who are found responsible for acts of sexual misconduct could be, but are not limited to, the following:

    • Disciplinary action, up to and including, expulsion of a person found responsible for violating these policies

    • Referral to law enforcement when there is danger or threat to community and/or when requested by victim

    • Referral to counseling, mental health, and student services both on campus and in the community

  8. Communication from the Title IX Coordinator regarding the outcome is communicated to the complainant and the respondent.

    A student who disagrees with the findings of responsibility or the sanctions levied may choose to request an appeal to the Vice President, Student Services. The request for an appeal must be made in writing to the Title IX Coordinator and the College President within five (5) academic days of the Title IX Coordinator’s decision.

    Appeal Process

    All students have the right to appeal disciplinary decisions. Appeal requests must be made in writing to the Vice President of Student Services within five (5) business days after verbal or written notification of the decision or sanction. A student may appeal for two reasons which include:

    • Procedural error/ failure to uphold the student’s rights that may substantially alter the outcome of the decision

    • New evidence that was unknown or unknowable at the time of the investigation and decision An appeal must include the following information:

      1. The name, address and telephone number of the party

      2. A clear statement explaining the nature and circumstances of the appeal, citing the new evidence and/or the explanation with specifics of the alleged lack of fairness in the prior hearing.

      The Vice President of Student Services will render and cause a decision to be sent to the student within three (3) academic days after receipt of the appeal. The appeal decision shall be considered final.

      Appeals will be conducted in accordance with the following guidelines:

    • The student will be provided a full and fair opportunity to present evidence relevant to the issues raised by the student relating to the subject matter of the appeal

    • The Vice President of Student Services will issue a decision on the hearing within ten (10) days of the conclusion of the hearing

    • All parties have the right to be assisted by legal counsel at any time during the process

    • The decision will be:

      • Provided in writing

      • Based solely on the evidence presented in the appeal notice and will include a summary of the evidence and the reasons for the decision

EMPLOYEE COMPLAINT PROCEDURE

Notice

Any employee who believes he, she or another has been subject to or witnessed sexual misconduct (harassment) is encouraged to promptly come forward to file a complaint with the College. If the complaint is made in writing, the complainant alleging the sexual misconduct, will be asked to sign the statement. If the complaint is made verbally, then the complainant will be requested to sign a written report acknowledging the content of the statement. All reports must include details regarding the incident or conduct giving rise to the complaint, location and dates of the incident, any witnesses to the alleged incident and any action requested to

resolve said incident. If the Title IX Employee Deputy Coordinator is alleged to be the person who engaged in discrimination or sexual misconduct, the incident will be investigated by the Chief Human Resources Officer. Verbal or written complaints may be submitted to the Deputy Title IX Coordinator - Employees or the Chief Human Resources Officer in the Deputy’s absence.

Human Resources

(Title IX Employee Deputy Coordinator

Lisa Kwarciany

Human Resources Specialist

Office Location:

L148

Phone

920-693-1158

Email:

lisa.kwarciany@gotoltc.edu

If the complainant requests confidentiality or requests that the complaint not be pursued, the Title IX Employee Deputy Coordinator will take all reasonable steps to investigate the complaint and respond consistently with the complainant’s request. If the College determines that an investigation needs to continue, the alleged respondent will be told that the complainant requested the College to not proceed. Information will only be shared with individuals responsible for addressing incidents of sexual violence. Prior to disclosing information, the complainant will be notified of the information to be disclosed, whom it will be disclosed to, and why the

information needs to be disclosed. Honoring a request for confidentiality may limit the College’s ability to respond to the allegation, including pursuing sanctions and remedies against the respondent(s). In addition, the College will need to determine if the confidentiality request can be honored while providing a safe and non-

discriminatory environment. Requests for confidentiality will be evaluated in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for all students.

A complainant has the option to file a criminal report with a local law enforcement agency at any time.

The College will not condone false reporting. Any person who makes a report that is later found to have been intentionally given falsely or made maliciously without respect for the truth may be subject to suspension or expulsion.

Initial Remedies

Prior to initiating an investigation, the Title IX Employee Deputy Coordinator will meet with the complainant to explain the investigation process and the eventual resolution process to the employee. The Title IX Employee Deputy Coordinator will encourage him/her to participate fully in the investigation and hearing processes as well as provide a list of resources. Employees will also be notified of their rights and the process to file a complaint with local law enforcement.

If necessary, initial remedial actions will be discussed such as:

  • No contact agreement or directive between complainant and respondent

  • Change in academic and office assignment situations if requested by complainant or respondent and reasonably available, for the complainant and respondent Request for leave of absence

Preliminary Investigation

Throughout the investigation, appropriate support for the complainant and respondent will be provided. Complainants and respondents will be informed of campus and community resources that are available. These options will be made available to the individual regardless of whether he or she proceeds with a formal complaint under LTC College policy or files a criminal report or complaint with the police. In compliance with

guidelines distributed by Office of Civil Rights (OCR), in their 2011 Dear Colleague Letter, LTC uses a

“preponderance of the evidence” (more likely than not) standard for determining responsibility. This is different than the standard used in a criminal investigation.

A preliminary investigation will be conducted to determine if there is reasonable cause to believe a policy was violated. If no reasonable grounds for the complaint are found, the Title IX Employee Coordinator/Deputy Coordinator will dismiss the case. The complainant will be informed why the act does not constitute sexual misconduct and voluntary, informal methods may be used to resolve the complaint. If it is determined by the Title IX Coordinator/Deputy Coordinator that there may be some validity to the allegation, a formal investigation will begin immediately.

Sanction Statement

The College reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct to protect employees’ rights and personal safety. Such measures include, but are not limited to, work modifications, interim suspension from campus pending a hearing, and reporting the matter to the local police.

Not all forms of sexual misconduct will be deemed to be equally serious offenses and the College reserves the right to impose different sanctions, ranging from verbal warning to termination of employment, depending on the severity of the offense. Previous conduct code violations will be considered in determining the appropriate sanction. The College will consider the concerns and rights of both the complainant and the respondent of sexual misconduct.

The Title IX Employee Coordinator has the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. The initial investigative team, appeals body, or designee may not deviate from the range of recommended sanctions unless there is compelling justification to support a deviation.

Formal Investigation Process

The following process will be used to further investigate allegations:

  1. Upon receiving a complaint, the Title IX Deputy Coordinator will facilitate a fact-finding investigation to review the complaint. The Deputy Coordinator will conduct interviews with the complainant, respondent, and other appropriate individuals. The investigation will be prompt, thorough and impartial.

  2. The intent of the interview with the complainant, respondent and potential witnesses is to determine a true and complete account of the complaint. The following information will be sought during the interview process:

    • The facts and circumstances of the alleged misconduct

    • The severity of the conduct

    • The number and frequency of acts of alleged harassment

    • The apparent intent of the person alleged to have engaged in sexual misconduct

    • The relationship of the parties

    • The response of the complainant at the time of the incident(s)

    • The relevant educational/work environment

  3. Periodic updates to the complainant and the respondent will be provided during the entire process.

  4. All persons involved in a sexual misconduct investigation will be reminded that the incident is not to be discussed and that retaliatory action against the complainant, respondent or witnesses will not be tolerated.

  5. The Title IX Deputy Coordinator will submit a summary of the report to the College Title IX Coordinator detailing the allegations, evidence collected, and statements from the complainant, respondent and any relevant witnesses to the conduct. The report will include the Title IX Deputy Coordinator’s finding as well as any recommendations for sanctions, if warranted.

    A written record of the investigation will be made, including all notes made of interviews, conversations, or verbal responses to questions posed by the Title IX Deputy Coordinator to the complainant, witnesses or respondent, and any other aspects of the investigation.

  6. The Title IX Coordinator will review the investigative report, evidence and all known circumstances from the Title IX Deputy Coordinator and make a final determination. The preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred) will be used to investigate allegations of sexual harassment or violence.

  7. Potential sanctions for employees who are found responsible for acts of sexual misconduct could be, but are not limited to, the following:

    • Disciplinary action, up to and including, termination of employment of a person found responsible for violating these policies

    • Referral to law enforcement when there is danger or threat to community and/or when requested by victim

    • Referral to counseling or mental health both on campus and in the community

  8. Communication from the Title IX Coordinator regarding the outcome is communicated to the complainant and the respondent.

    An employee who disagrees with the findings of responsibility or the sanctions levied may choose to request an appeal to the Chief Human Resources Officer. The request for an appeal must be made in writing to the Title IX Coordinator and the College President within 3-5 business days of the Title IX Coordinator’s decision.

    Appeal Process

    All employees have the right to appeal disciplinary decisions. Appeal requests must be made in writing to the Chief Human Resources Officer within five business days after verbal or written notification of the decision or sanction. An employee may appeal for two reasons which include:

    • Procedural error/ failure to uphold the employee’s rights that may substantially alter the outcome of the decision

    • New evidence that was unknown or unknowable at the time of the investigation and hearing not previously available

      An appeal must include the following information:

      1. The name, address and telephone number of the party

      2. A clear statement explaining the nature and circumstances of the appeal, citing the new evidence and/or the explanation with specifics of the alleged lack of fairness in the prior hearing.

      The Chief Human Resources Officer will render and cause a decision to be sent to the employee within seven business days after receipt of the appeal. The appeal decision shall be considered final.

      Appeals will be conducted in accordance with the following guidelines:

      The employee will be provided a full and fair opportunity to present evidence relevant to the issues raised by the employee relating to the subject matter of the appeal

    • All parties have the right to be assisted by legal counsel at any time during the process

    • The decision will be:

      • Provided in writing

      • Based solely on the evidence presented in the appeal notice and will include a summary of the evidence and the reasons for the decision

Rights

  1. The preponderance of evidence standard (more likely than not) is used to evaluate complaints.

  2. The complainant and the respondent are entitled to the same opportunities to have others present during a campus disciplinary proceeding. All parties are permitted to have representatives in all stages of the process. Notice of representation should be made to the Title IX Coordinator.

  3. Both the complainant and the respondent will be informed of the outcome of any campus disciplinary proceeding alleging sexual misconduct.

  4. Complaints will be investigated by a trained Title IX Coordinator or Deputy Coordinator.

  5. LTC will respond promptly, equitably and thoroughly to all incident reports following the written receipt of the complaint, barring any unusual circumstances.

  6. The decision of the Title IX Coordinator may be appealed to the Vice President of Student Services or Chief Human Resources Officer, whose decision is final. If the complaint is against the Vice President of Student Services or Chief Human Resources Officer, the decision may be appealed to the President. If the complaint is against the President, the decision may be appealed to an independent hearing officer appointed by the LTC

    Board, whose decision is final. The appeal must be made, in writing, within five business days after the decision has been made.

    The College recognizes the right of all parties involved in a complaint to a fair and equitable resolution of complaints. Falsification, distortion or misrepresentation of information during the course of a complaint resolution process may be grounds for disciplinary action.

    Disclosures – FERPA Exemptions:

    The final results of a disciplinary proceeding will be disclosed to the alleged victim. This includes the charges, the finding, the sanction(s) related to the victim and the rationale for the decision.

    LTC may not disclose the name of any other student, including the complainant or witness, without prior written consent of the student. More information on disclosure and re-disclosure limitations can be found in the student handbook.

    The final results of a disciplinary proceeding can be disclosed to anyone if LTC determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and with respect to the allegations made against him or her, the student has committed a violation of the institution’s rules or policies.

    However, LTC may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student. This disclosure is not subject to the re-disclosure limitation and notice requirements otherwise identified in FERPA.

    Community Resources

    In addition to seeking support from internal confidential contacts, there are a number of community resources available to provide support. You can call or approach any of these people confidentially and tell them what happened. They will listen and explain your options. Talking to any of these people does not constitute reporting the incident to the College:

    Sheboygan County Interfaith Organization

    920-457-7272

    1251 Geele Ave

    Sheboygan, WI 53083

    Salvation Army

    920-458-3723

    710 Pennsylvania Ave

    Sheboygan, WI 53081

    Safe Harbor Domestic Abuse

    920-452-8611

    3149 Saemann Ave

    Sheboygan, WI 53081

    Sheboygan Police Department 1315 N 23rd Street

    920-459-3333

    Sheboygan, WI 53081

    The Crisis Center

    920-459-3151

    1202 N 31st St.

    Sheboygan, WI 53081

    Reach Helpline

    920-457-1111

    2508 S 8th St.

    Sheboygan, WI 53081

    Manitowoc Sexual Assault Resource Center

    920-320-8555

    339 Reed Avenue

    Manitowoc, WI 54220

    Harbor House Domestic Abuse

    920-849-7819

    107 S, Side Shopping Center

    Chilton, WI 53014

    Domestic Violence Center

    920-684-5770

    1127 S 22nd St.

    Manitowoc, WI 54220

    Aurora Hospital-Two Rivers

    920-794-5000

    5000 Memorial Drive

    Two Rivers, WI 54241

    Aurora Hospital-Sheboygan

    920-451-5000

    2629 N 7th St

    Sheboygan, WI 53083

    St. Nicholas Hospital-Sheboygan 21 N. 36th Street

    920-459-8300

    Sheboygan, WI 53081

    Holy Family Memorial Hospital

    920-320-2011

    2300 Western Avenue

    Manitowoc, WI 54220

    LTC Wellness Center-Nurses office

    920-693-1111

    1290 North Avenue

    Cleveland, WI 53015

    Clery Act Addendum Requirements

    The Act

    1. The Campus SaVE Act (the “SaVE Act” or “Act”) applies to almost all institutions of higher education since it is directed toward those that participate in financial aid programs under Title IV of the Higher Education Act of 1965. It became effective on March 7, 2013 as part of the Violence Against Women Reauthorization Act (VAWA)\ and amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (known as the Clery Act).

    2. The Act requires higher education institutes to report crime statistics and disclose security-related information in several ways:

      1. It adds offenses involving domestic violence, dating violence, and stalking to the crimes that institutions must report and include in their annual security reports (ASR).

      2. It expands the categories of reportable “hate crimes” to include those based on bias against gender identity or national origin.

      3. The policy statements filed as part of the ASR must now include detailed descriptions of the

institution’s internal procedures in cases of domestic violence, dating violence, or stalking, as well as descriptions of its education and prevention programs.

Key Definitions

  1. When reporting offenses under the Clery Act, use the following definitions:

    1. Domestic Violence. “Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the

      jurisdiction… or by 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 jurisdiction.”

    2. Dating violence. “Violence committed by a person—

      1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and

      2. where the existence of such a relationship shall be determined based on a consideration of the following factors:

      3. the length of the relationship

      4. the type of relationship

      5. the frequency of interaction between the persons involved in the relationship”

  2. Stalking. “Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

    1. fear for his or her safety or the safety of others; or

    2. suffer substantial emotional distress”

  3. Sexual Assault. The Campus SaVE Act defines sexual assault, which—unlike domestic violence, dating violence, or stalking—was previously included as a Clery-reportable crime, as “an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.”

    1. The definitions of these terms used for reporting criminal offenses in Wisconsin and training students and employees are not necessarily identical. The College should keep in mind that to satisfy the separate training mandates of the SaVE Act (see Education and Training section in the Checklist), training programs must also incorporate the definitions of domestic violence [domestic abuse Wis. Stats. § 813.12; § 968.075], dating violence [§ 813.12, Wis. Stat.], sexual assault [Wis. Stat. § 940.225], and stalking [Wis. Stat. § 940.32] which are used under Wisconsin Law. Those definitions are as follows:

See Wisconsin Definitions:

Wisconsin State Law Definitions

Wisconsin Statutes § 813.12 Domestic Abuse Restraining Orders and Injunctions:

(ag)

"Dating relationship" means a romantic or intimate social relationship between 2 adult individuals but

"dating relationship" does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

(am)

"Domestic abuse" means any of the following engaged in by an adult family member or adult

household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common:

  1. Intentional infliction of physical pain, physical injury or illness.

  2. Intentional impairment of physical condition.

3. A violation of s. 940.225 (1), (2) or (3).

  1. A violation of s. 940.32.

  2. A violation of s. 943.01, involving property that belongs to the individual.

  3. A threat to engage in the conduct under subd. 1., 2., 3., 4., or 5.

Wisconsin Statutes § 940.225 Sexual Assault

  1. FIRST DEGREE SEXUAL ASSAULT. Whoever does any of the following is guilty of a Class B felony:

    1. Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.

    2. Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.

    3. Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

  2. SECOND DEGREE SEXUAL ASSAULT. Whoever does any of the following is guilty of a Class C felony:

    1. Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

    2. Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.

    3. Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person's conduct, and the defendant knows of such condition.

      (cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.

    4. Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.

      1. Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.

      2. Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.

      3. Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.

      4. Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent's supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.

      5. Is a licensee, employee, or non-client resident of an entity, as defined in s. 48.685 (1) (b) or 50.065

        1. (c), and has sexual contact or sexual intercourse with a client of the entity.

  3. THIRD DEGREE SEXUAL ASSAULT. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a person without the consent of that person is guilty of a Class G felony.

(3m) FOURTH DEGREE SEXUAL ASSAULT. Except as provided in sub. (3), whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.

* * *

(5) Definitions.

(b) "Sexual contact" means any of the following:

  1. Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under s. 940.19 (1):

    1. Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.

    2. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.

  2. Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.

  3. For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant's body, whether clothed or unclothed.

Wisconsin Statutes § 940.32 Stalking

  1. In this section:

    1. "Course of conduct" means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

      1. Maintaining a visual or physical proximity to the victim.

        940.32(1)(a)2.

      2. Approaching or confronting the victim.

      3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.

      4. Appearing at the victim's home or contacting the victim's neighbors.

      5. Entering property owned, leased, or occupied by the victim.

      6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

        6m. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.

      7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim's family or household or an employer, coworker, or friend of the victim.

      8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.

      9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.

      10. Causing a person to engage in any of the acts described in subds. 1. to 9.

Wisconsin Statutes § 968.075 Domestic abuse incidents; arrest and prosecution.

  1. DEFINITIONS. In this section:

    968.075(1)(a)(a) "Domestic abuse" means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common:

    1. Intentional infliction of physical pain, physical injury or illness.

    2. Intentional impairment of physical condition.

3. A violation of s. 940.225 (1), (2) or (3).

  1. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described under subd. 1., 2. or 3.

    Established 7/1/2015

    Sex Offender Registry

    In accordance to the “Campus Sex Crimes Prevention Act” of 2000, which amends the Jacob Wetterling Crimes against Children and Sexually Violent Offenders Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, the LTC Police & Security Office providing a link to the Wisconsin Department of Corrections Sex Offender Registry.

    This act requires that institutions of higher education issue a statement advising the campus community where law enforcement information provided by the state concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a state to provide notice of each institution of higher education in the state which the person is employed, carries a vocation, or is a student.

    Registry information provided under this section shall be used for the purposes of the administration of criminal justice, screening of current or prospective employees, volunteers, or otherwise for the protection of the public in general and children in particular. Unlawful use of the information for purposes of intimidating or harassing another is prohibited and willful violation shall be punishable to the fullest extent of the law.

    The Wisconsin Department of Corrections is responsible for maintaining this registry. Follow the link below to access the Wisconsin Department of Corrections Sex Offender Registry Website: http://offender.doc.state.wi.us/public//

    “CLERY ACT” REPORTABLE CRIME DEFINITIONS

    Aggravated Assault

    An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

    Arson

    Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

    Burglary

    The unlawful entry of a structure to commit a felony or a theft. This includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny, housebreaking or safecracking.

    Criminal Homicide-Murder and Non-negligent Manslaughter

    The willful (non-negligent) killing of one human being by another.

    Criminal Homicide-Negligent Manslaughter

    The killing of another person through gross negligence.

    Motor Vehicle Theft

    The theft or attempted theft of a motor vehicle.

    Robbery

    The taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

    Sex Offenses-Forcible

    Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. There are four types of forcible sex offenses:

    • Forcible Rape – The carnal knowledge of a person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

    • Forcible Sodomy – Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

    • Sexual Assault With An Object – The use of an object or instrument to unlawfully penetrate, however slightly, the genital and or anal opening of the body of another

      person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

    • Forcible Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

    Sex Offenses-Non-Forcible

    • Unlawful, non-forcible sexual intercourse. There are two types of non-forcible sex offences:

      • Incest-Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

      • Statutory Rape-Non-Forcible sexual intercourse with a person who is under the statutory age of consent.

        Consent

    • Words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Minors, persons suffering from mental illness or defect, and sleeping or unconscious persons are presumed unable to give consent. Failure to resist does not indicate consent. – Section 940.225 (4).

      Dating Relationship

    • A romantic or intimate social relationship between 2 adult individuals but "dating relationship" does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

      Domestic Abuse

    • Any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common:

      1. Intentional infliction of physical pain, physical injury or illness.

      2. Intentional impairment of physical condition. 3. A violation of s. 940.225 (1), (2) or (3).

  1. A violation of s. 943.01, involving property that belongs to the individual.

  2. A threat to engage in the conduct under subd. 1., 2., 3., or 4.

    Stalking

    • "Course of conduct" means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

      1. Maintaining a visual or physical proximity to the victim.

      2. Approaching or confronting the victim.

      3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.

      4. Appearing at the victim's home or contacting the victim's neighbors.

      5. Entering property owned, leased, or occupied by the victim.

      6. Contacting the victim by telephone or causing the victim's telephone or any other person's telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

        6m. Photographing, videotaping, audiotaping, or through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.

      7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a

        member of the victim's family or household or an employer, coworker, or friend of the victim.

      8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.

      9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.

      10. Causing a person to engage in any of the acts described in subds. 1. to 9.

Illegal Weapons Possession and Substance Law Violations

In addition to disclosing statistics for the aforementioned offenses, the Clery Act requires institutions to disclose both the number of arrest and the number of people referred for disciplinary action for the following violations:

  • Drug Law Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. This also includes the unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. The relevant substances include: opium or cocaine and their derivatives (morphine, heroine, codeine), marijuana, synthetic narcotics (manufactured narcotics which can cause true addiction – Demerol, methadone), and dangerous narcotic drugs (barbiturates, Benzedrine).

  • Liquor Law Violations: The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of alcoholic beverages, maintaining unlawful drinking places, bootlegging, operating a still, furnishing liquor to a minor or intemperate person, underage possession, using a vehicle for illegal transportation of liquor, drinking on a train or

    public conveyance, and all attempts to commit any of the aforementioned.

  • Weapon Possession Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. Encompassed in this violation also includes the use of or manufacturing of silencers, furnishing of deadly weapons to minors, aliens possessing deadly weapons, and attempts to commit any of the above.

  • Hate Crimes: A Hate Crime is defined as the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability.

Along with any of the above offenses occurring as a result of a hate crime, LTC is responsible for reporting hate crimes as related to:

  • Larceny/theft

  • Simple assault

  • Intimidation

  • Damage/vandalism to property

  • Any crime involving bodily injury to another

2015 On-Campus Crime Statistics for LTC

Category

Cleveland

Manitowoc

Sheboygan

Manslaughter

0

0

0

Sex Offenses - Forcible

0

0

0

Sex Offenses – Non-forcible

0

0

0

Robbery

0

0

0

Aggravated Assault

0

0

0

Burglary

0

0

0

Motor Vehicle Theft

0

0

0

Arson

0

0

0

Liquor-Law Violations

0

0

0

Drug-Abuse Violations

0

0

0

Weapons Possessions

0

0

0

Hate Crimes

0

0

0

Theft

7

0

0

Domestic Violence

0

0

0

Dating Violence

0

0

0

Stalking

0

0

0

2014 On-Campus Crime Statistics for LTC

Category

Cleveland

Manitowoc

Sheboygan

Manslaughter

0

0

0

Sex Offenses - Forcible

0

0

0

Sex Offenses – Non-forcible

0

0

0

Robbery

0

0

0

Aggravated Assault

0

0

0

Burglary

0

0

0

Motor Vehicle Theft

0

0

0

Arson

0

0

0

Liquor-Law Violations

0

0

0

Drug-Abuse Violations

0

0

0

Weapons Possessions

0

0

0

Hate Crimes

0

0

0

Theft

6

0

0

2013 On-Campus Crime Statistics for LTC

Category

Cleveland

Manitowoc

Sheboygan

Manslaughter

0

0

0

Sex Offenses - Forcible

0

0

0

Sex Offenses – Non-forcible

0

0

0

Robbery

0

0

0

Aggravated Assault

0

0

0

Burglary

0

0

0

Motor Vehicle Theft

0

0

0

Arson

0

0

0

Liquor-Law Violations

0

0

0

Drug-Abuse Violations

0

0

0

Weapons Possessions

0

0

0

Hate Crimes

0

0

0

Theft

5

0

0

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