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  • Sexual assault

    The updated UW-La Crosse Policy Against Discrimination, Harassment, Sexual Misconduct, and Retaliation can be viewed here: DiscriminationPolicy.pdf

    Where to go for help

    If you, or someone you know, has been sexually assaulted, you are encouraged to speak with someone about it immediately. The following offices can provide confidential assistance:

    How to report an incident 

    ***REPORTING FORM***

    An Official Report can be filed by any person wishing to initiate an investigation into an incident of sexual assault or sexual violence. Students are encouraged to contact the Violence Prevention Specialist in the Student Life Office if they are uncertain whether they wish to file an official report.

    All employees who are not confidential resources (listed above) are required to make an official report when they learn of a sexual assault. If you come into contact with a student who has been a victim of a sexual assault, be compassionate and supportive. If the topic of sexual violence is raised, inform the student that you are not able to provide confidential assistance. Direct students to the appropriate resources listed above and complete the Reporting Form linked above.

    All individuals have the right to file a police report by contacting UW-La Crosse Police.

    What is it and What to do?

    Any sexual contact without consent is sexual assault. That includes incidents involving the use of force, the threat of force, coercion, and/or intoxication.  Refer to Wisconsin State Statutes 940.225 and 948.012. Sexual assault is not limited to certain communities, locations, or people. Everyone needs to be aware of what sexual assault is. Sex without consent is not accidental: it is sexual assault.

    The majority (but not all) of the victims are women, and the majority (but not all) of the perpetrators are men. Thus, while can be helpful for women to educate themselves about how to avoid risks, the primary responsibility is on men to educate themselves (and each other) about what consent is and to practice enthusiastic consent as a core part of any sexual activity.

    The University urges victims to seek immediate help and to report the crime through one of the several mechanisms outlined below. Your confidentiality can be maintained and the information might prevent other individuals from being victimized.

    Title IX and Sexual Assault:  Title IX's prohibition against sex discrimination is for the protection of students, faculty, and staff in federally funded education programs.  The law applies to every aspect of the program, such as admissions, recruitment, academics, employment, athletics, and student services.  Title IX's broad prohibition against sex discrimination also includes sexual harassment and sexual assault.  Sexual harassment is defined as unwelcome conduct of a sexual nature.

    Title IX based grievances may be filed with the UW-La Crosse Affirmative Action Office, the State of Wisconsin Affirmative Action and Civil Rights Compliance Office, or the Department of Education's Office for Civil Rights.

    Legal Definitions of Sexual Assault in the State of Wisconsin:

    First degree sexual assault - Whoever does any of the following is guilty of a Class B felony:

    (a)  Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
    (b)  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.
    (c)  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.

    Second degree sexual assault - 
    Whoever does any of the following is guilty of a Class C felony:

    (a)  Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
    (b)  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.
    (c)  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 appraising the person's conduct, and the defendant knows of such condition.
    (d)  Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
    (f)  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.
    (g)  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.
    (h)  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.
    (i)  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.

    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. with a person without the consent of that person is guilty of a Class G felony.

    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.