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 Title IX and Gateway policy, includes gender, gender identity and transgender status. Sex discrimination includes, but is not limited to, discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Sex-based Harassment

Sex-based harassment is defined as (1) quid pro quo harassment, (2) hostile environment harassment, or (3) specific offenses (categories identified in the current regulations).

Quid pro quo harassment occurs when an employee, agent, or other person authorized by Gateway to provide an aid, benefit, or service under Gateway’s education program or activity explicitly or impliedly condition[s] the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Hostile environment harassment involves:

• Unwelcome
• Sex-based
• Conduct that, based on the totality of the circumstances, is
• Subjectively and objectively offensive, and
• Is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity

Sex-based harassment is a fact-specific inquiry to determine whether a hostile environment has been created. All five elements listed above must be met. In addition, the following factors may be considered in making such a determination:

• The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
• The type, frequency, and duration of the conduct;
• The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
• The location of the conduct and the context in which the conduct occurred; and
• Other sex-based harassment in the recipient’s education program or activity.

Sex-based harassment also includes these specific offenses:

Sexual Assault

• 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
• Fondling: The touching of the private body parts of another person (usually buttocks, groin, breasts), for the purpose of sexual gratification, without consent of the victim
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Wisconsin law
• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent of 18

Dating Violence
 

• Violence, on the basis of sex, committed by a person who is in 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

• Felony or misdemeanor crimes committed by a person who is a current or former spouse or intimate partner of the victim under Wisconsin law or a person similarly situated to a spouse of the victim is cohabitating, or has cohabitated with the victim as a spouse or intimate partner, or shares a child in common with the victim or commits acts against a youth or adult victim who is protected from those acts under state family or domestic violence laws

Stalking

• Engaging in a course of conduct, on the basis of sex (or other protected characteristics), directed at the complainant, that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress. For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  • A reasonable person means a person under similar circumstances and with similar identities to the complainant.
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Sexual Exploitation

Sexual Exploitation is not covered by Title IX but it is a Gateway policy violation. It is defined as 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 include, 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
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression. 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 non-consensual 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

Defined as intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or the regulations, or because the person has reported possible sex discrimination, made a sex-discrimination complaint, or participated or refused to participate in any way in a recipient’s Title IX process.