Title IX - Behavior Definitions

Gateway’s police and/or Title IX prohibit the following behaviors. The term recipient in the definitions refers to Gateway Technical College.

Sex Discrimination

Sex discrimination is treating someone unfavorably because of that person's sex (“on the basis of sex)”. This includes excluding people from educational or employment programs or activities on the basis of sex. Sex, for the purposes of Gateway’s policy, includes gender, gender identity, and transgender.

Sexual Harassment

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following: quid pro quo, the Davis standard that defines hostile environment sexual harassment, and sexual assault, dating violence, domestic violence, and stalking.

Sex-based harassment is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.

Quid pro quo sexual harassment occurs when an employee of the recipient conditions the provision of aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.

Sexual assault, defined as:

  • Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the Complainant including instances where the Complainant is incapable of giving consent.
    • Forcible Rape: 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 Complainant.
    • 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 (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 
    • Sexual Assault With An Object: To use an object or instrument to penetrate, however slightly, the genital 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 (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 
    • Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 
  • Sex Offenses, Nonforcible: Nonforcible sexual intercourse. 
    • Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Wisconsin law. 
    • Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent of 18

Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition

  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence: a felony or misdemeanor crime of violence committed

  • By a current or former spouse or intimate partner of the Complainant;
  • By a person with whom the Complainant shares a child in common;
  • By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
  • By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws Wisconsin;
  • By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Wisconsin

Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to either

  • Fear for the person’s safety or the safety of others; or
  • Suffer substantial emotional distress.

Sexual Exploitation

Sexual Exploitation is not covered by Title IX but is a Gateway policy violation. It is  defined a  taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation includes, but are not limited to:

  • Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
  • Invasion of sexual privacy.
  • Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography
  • Prostituting another person
  • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection
  • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
  • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections
  • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
  • Knowingly soliciting a minor for sexual activity
  • Engaging in sex trafficking
  • Creation, possession, or dissemination or child pornography

Discrimination Against Pregnant Students

Taking adverse action against an individual or failing to accommodate a student or employee who has an accommodation in place due to their pregnancy status.

Retaliation

No recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation. The exercise of rights protected under the First Amendment does not constitute retaliation.