Moraine Park Technical College (MPTC) prohibits sexually violent acts, termed “Sexual Misconduct” by the College. Sexual Misconduct includes non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, interpersonal relationship violence, sex- or gender-based stalking, sexual harassment, rape, acquaintance rape, sexual assault, dating violence, and domestic violence. While the College uses different enforcement standards than criminal courts, its definition of Sexual Misconduct often overlaps with the legal definitions of rape, sexual assault, sexual harassment, stalking, dating violence and domestic violence.
LEGAL DEFINITIONS[1]
“Rape” is forced sexual intercourse. It may also include situations in which sexual intercourse occurs when the victim is incapable of giving consent due to incapacitation by means of disability, alcohol, or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend.
[1] The definitions in this policy were taken from the Wisconsin Statutes and are not reproduced in their entirety. Full text of the statutes can be found at https://www.legis.state.wi.us/rsb/stats.html.
In the State of Wisconsin, both the terminology and substance of the laws relating to rape have been extensively modified over time. Major alterations include revisions to the criminal code instituted by Chapter 696, Laws of 1955, the change from the term “rape” to “sexual assault” in Chapter 184, Laws of 1975, and 1983 Wisconsin Act 17, which decriminalized most types of private (that which is not conducted “in public”) sexual activity between consenting adults, including homosexual activity. Current categories of sexual assault follow:
First-Degree Sexual Assault. Section 940.225 (1) of the Wisconsin Statutes prohibits sexual contact or sexual intercourse without consent in any of the following situations:
- The assault causes pregnancy or great bodily harm.
- The assault involves the use or threat of use of a dangerous weapon, or what appears to be one.
- The perpetrator is aided or abetted by one or more other persons and the assault involves the use or threat of use of force or violence.
Second-Degree Sexual Assault. Section 940.225 (2) of the Wisconsin Statutes prohibits sexual contact or sexual intercourse without consent in situations involving:
- The use of or threat of force or violence.
- Injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
- Assault upon a person who suffers from a mental illness or deficiency that renders the person temporarily or permanently incapable of appraising the assault and the defendant knows of such condition.
- Assault upon a person who the defendant knows is unconscious.
- Assault is abetted by one or more other persons.
- Assault upon a patient or resident of a health or treatment facility or program by an employee of that facility or program.
- Assault upon a person that the perpetrator knows is under the influence of an intoxicant to a degree that renders the victim incapable of appraising his or her conduct, an act popularly known as a “date rape.”
Third-Degree Sexual Assault. Section 940.225 (3) of the Wisconsin Statutes prohibits sexual intercourse without consent. It also prohibits nonconsensual sexual contact involving intentional ejaculation or emission of urine or feces if such conduct is either for the purposes of sexual degradation or humiliation or sexual arousal or gratification (Class D felony).
Fourth-Degree Sexual Assault. Section 940.225 (3m) of the Wisconsin Statutes prohibits nonconsensual sexual contact involving the intentional touching of clothed or unclothed intimate body parts (Class A misdemeanor).
The complete State of Wisconsin sexual assault definitions and categories are found in Section 940.225 of the Wisconsin Statutes. The Federal Bureau of Investigation’s definition of rape is penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Other sexual offenses include sodomy (forced anal intercourse), oral copulation (forced oral genital contact), rape by a foreign object (forced penetration by a foreign object, including a finger), and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal).
In Wisconsin, “sexual consent” is defined as 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 that impairs capacity to appraise personal conduct, and persons who are unconscious or for any other reason are physically unable to communicate unwillingness to act are presumed unable to give consent. Failure to resist does not indicate consent. – Section 940.225 (4) of the Wisconsin Statutes.
OTHER RELATED STATE OF WISCONSIN DEFINITIONS
“Dating violence” is controlling, abusive, and aggressive behavior in an intimate relationship. It can include verbal, emotional, physical, or sexual abuse, or a combination of these.
Domestic Violence. Section 813.12 of the Wisconsin Statutes states 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:
- Intentional infliction of physical pain, physical injury or illness.
- Intentional impairment of physical condition.
- First, Second or Third Degree Sexual Assault (a violation of Section 940.225 (1), (2) or (3)) of the Wisconsin Statutes.
- A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described under the above.
Stalking. Section 940.32 of the Wisconsin Statutes: Two or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:
- Maintaining a visual or physical proximity to the victim.
- Approaching or confronting the victim.
- Appearing at the victim’s workplace or contacting the victim’s employer or coworkers.
- Appearing at the victim’s home or contacting the victim’s neighbors.
- Entering property owned, leased, or occupied by the victim.
- 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. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim, regardless of where the act occurs.
- 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.
- Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
- 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.
- Causing a person to engage in any of the acts described in 1. to 9.
SEXUAL MISCONDUCT – PREVENTION
In an effort to reduce the risk of Sexual Misconduct, the College uses a range of campaigns, strategies and initiatives to provide awareness, education, risk reduction, and prevention.
It is the College’s practice to offer programming to prevent Sexual Misconduct. Educational programs are offered to raise awareness for all incoming students and employees. These programs and others offered throughout the year include strong messages regarding awareness as well as primary prevention (including normative messaging, environment management and bystander intervention), and they discuss institutional policies and procedures on Sexual Misconduct as well as the Wisconsin definitions of “domestic violence,” “dating violence,” “sexual assault,” “stalking,” and “consent” in reference to sexual activity. Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention such as calling for help, using intervention-based apps, identifying allies, and creating distractions.
College programs also offer information on risk reduction that strives to empower victims by teaching them how to recognize warning signals and how to avoid potential attacks, and it does so without victim-blaming approaches. Throughout the year, ongoing awareness and prevention campaigns are directed to students and employees, including faculty, often taking the form of e-mails, guest speakers, training, lunch and learns, videos, and other campaigns.
SEXUAL MISCONDUCT – SERVICES AND RESOURCES
The College takes Sexual Misconduct very seriously. The College employs interim protection measures such as interim or temporary suspensions and no-contact orders in any case where a person’s behavior creates a risk or threat of violence or predation. If a person is accused of Sexual Misconduct, the person is subject to action in accordance with the Student Handbook or Employee Handbook, as applicable. Anyone with knowledge about Sexual Misconduct is encouraged to report it immediately.
If you are the victim of Sexual Misconduct, some or all of these safety suggestions may guide you after an incident has occurred:
- Go to a safe place and speak with someone you trust. Tell this person what happened. If there is any immediate danger call 911.
- Consider securing immediate professional support (e.g.: counseling, victim advocacy, medical services) to assist you in the crisis. Community Resources are listed at the end of this policy.
- For your safety and well-being, immediate responsive attention is encouraged:
- Being examined as soon as possible, ideally within 120 hours, is important in the case of rape or sexual assault. The hospital will arrange for a specific medical examination at no charge.
- To preserve evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate, or change clothes before receiving medical attention. Even if you have already taken any of these actions, you are still encouraged to seek prompt medical care, and evidence may still be recoverable.
- Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until their arrival. They will gather bedding, linens, or unlaundered clothing and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet, to avoid contamination.
- If you have physical injuries, photograph them or have them photographed, with a date stamp on the photo.
- Record the names of any witnesses and their contact information. This information may be helpful to the proof of a crime, to obtain an order of protection, or to offer proof of a campus policy violation.
- Try to memorize details (physical description, names, license plate number, car description), or even better, write notes to remind you of details, if you have time and the ability to do so.
- If you obtain external orders of protection (e.g. restraining orders, injunctions, protection from abuse), please notify the Security staff or the College Title IX Coordinators so that those orders can be observed on campus.
- Even after the immediate crisis has passed, consider seeking support from local Community Resources (outlined at the end of this procedure).
- Contact the Interim Dean of Students or the Director of Talent Management, as applicable, if you need assistance with College-related concerns, such as no-contact orders or other protective measures. The Interim DOS will also assist in any needed advocacy for students who wish to obtain protective or restraining orders from local authorities. The College is able to offer reasonable academic assistance, transportation assistance, escorts, no-contact orders, counseling services, access and other supports and resources as needed by a victim.
COLLEGE PROCESSES
College sanctions for Sexual Misconduct range from warnings through expulsion or termination of employment, as applicable. Sexual Misconduct is a type of discrimination that is subject to the College’s Harassment and Discrimination Reporting Procedure. If a person believes they were subject to an act of discrimination or harassment, including Sexual Misconduct, they may report the discrimination or harassment to the College pursuant to that Procedure.
SEX OFFENDERS
In accordance with the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act, the Family Educational Rights and Privacy Act (FERPA) of 1974 and State law, the College is to provide a link to the Wisconsin State Sex Offender Registry. All sex offenders are required to register in the state of Wisconsin and to provide notice of each institution of higher education in Wisconsin at which the person is employed, carries a vocation or is a student.
Wisconsin State Sex Offender Registry: https://offender.doc.state.wi.us/public/
In addition to the above notice to the State of Wisconsin, all sex offenders are required to deliver written notice of their status as a sex offender to the College’s Director of Student Development (in the case of students) or to the College’s Director of Talent Management (in the case of employees) no later than three (3) business days prior to their enrollment in, employment with or volunteering at the College. Such notification may be disseminated by the College to, and for the safety and well-being of, the College community, and may be considered by the College for enrollment and corrective action purposes.
Related College Policy and Procedures
Affirmative Action and Equal Opportunity Administrative Policy, Harassment and Discrimination Reporting Procedure and Student Code of Conduct.
Campus Resources
| All Emergencies | 8-911 | |
| Security Manager | John Faeh | 262-335-5705, TTY/VP: Use Relay/VRS |
| Title IX Coordinator Deputy Title IX Coordinator |
Kim Schwamn Beth McCreary |
262-335-5881, TTY/VP: Use Relay/VRS 920-929-2139, TTY/VP: Use Relay/VRS |
| Equal Opportunity Officers | Leslie Laster Karli Resch |
920-924-6355, TTY/VP: Use Relay/VRS 920-924-3445, TTY/VP: Use Relay/VRS |
| Aurora Employee Assistance Program (Employees only) | 1-800-236-3231, TTY/VP: Use Relay/VRS | |
| *MPTC Counseling Services (Students only) | 920-924-3207, TTY/VP: Use Relay/VRS |
Fond du Lac Campus Hours: Monday through Friday, 8:00 a.m. – 4:30 p.m.
West Bend and Beaver Dam Campus Hours: Monday through Thursday, 8:00 a.m. – 4:30 p.m.
*If you are in crisis when MPTC Counseling Services are closed, please use the resources listed below. MPTC Counseling Services provide short-term personal counseling, and career and academic counseling to help you reach your goals and stay mentally healthy while attending college.
Community Resources
| All Emergencies | 911 |
| National Suicide Prevention Hotline | 1-800-273-8255 |
| Fond du Lac : | |
| FDL County Mental Health Care Center | 920-929-3535 |
| Solutions Center – Shelter and Domestic Violence Services | 920-923-1700 |
| ASTOP Sexual Assault Hotline | 920-926-5395 |
| St. Agnes Hospital ER – 430 East Division | 920-929-2300 |
| West Bend : | |
| Mental Health Services Crisis Intervention | 262-365-6565
or 1-866-906-6565 |
| Friends of Abused Families Domestic andSexual Violence Shelter | 262-334-7298 |
| St. Joseph’s Hospital ER – 3200 Pleasant Valley Rd | 262-334-5533 |
| Beaver Dam : | |
| Dodge County Mental Health/Crisis Services | 920-386-3500 |
| PAVE Domestic Abuse and Sexual Assault Services | 1-800-775-3785 |
| Beaver Dam Community Hospital ER – 707 S. University Ave | 920-887-7181 |