Campus Security and Safety Report

This information is being provided to all students and employees as part of Upper Iowa University’s commitment to safety and security at the Milwaukee Center and in compliance with the Federal Student Right-to-Know and Campus Security Act (1990), Public Law 101-542, as amended by the Higher Education Technical Amendments of 1991, Public Law 120-26, and the Sexual Abuse Bill, House File 2026, which was passed into law by the Iowa General Assembly effective July 1, 1992.

Upper Iowa University is located in Fayette, Iowa a small rural community of 1,317 people.  The community is situated in the Volga River Basin of Northeast Iowa.  In addition to the main campus, the University has centers in Des Moines, Waterloo, Cedar Rapids, and Ankeny, Iowa; Fort Riley and Fort Leavenworth, Kansas; Fort Polk , Louisiana; Rockford, Illinois; and Elkhorn, Janesville, Madison, Wausau, Milwaukee and Prairie du Chien, Wisconsin.

Upper Iowa University-Milwaukee Center is located in Milwaukee, Wisconsin and part of the greater Milwaukee metropolitan area (pop. 1.5 million.)  The community is located in Milwaukee County in southeastern Wisconsin.  A total of 2538 students were enrolled during the 2008-2009 academic year.

Upper Iowa University is committed to creating an environment that promotes the intellectual, social, emotional, spiritual or ethical, and physical well-being of its community members.  The commitment includes encouraging and reinforcing healthy, responsible living and respect for center standards and regulations, and community laws.

The University has policies and procedures followed by the Milwaukee Center administrative staff to handle violations of conduct standards and the law by students or employees.  This information is contained in the Upper Iowa University Center Bulletin which is distributed to all students and staff members.

To report a crime, a student should call 911.  Milwaukee maintains large, well-equipped police and fire departments.  All other matters can be referred to the Area Coordinator.

The Milwaukee Center is open only when staff and/or faculty are present.  Center hours are Monday through Thursday, 9:00 a.m. to 10:00 p.m., Friday 9:00 a.m. to 3:00 p.m., and Saturday 9:00 a.m. to 1:30 p.m.  The staff are issued keys and those faculty teaching Saturdays or in the Computer Lab are given keys on a term-by-term basis.

The Milwaukee Center is for commuters.  Therefore, residence halls, or other university sponsored living facilities are not available.

To provide for the safety of members of the University community at the Milwaukee Center, Upper Iowa University has set standards of conduct for members of the community (see the Center Bulletin) and for those seeking admission to the University at the Milwaukee Center.  These University standards are included in the Academic Extension University Faculty Handbook, Handbook for Administration and Staff, and the Center Bulletin (student handbook) given to all faculty, employees, and students. 

The standards of conduct do not replace or relieve persons from complying with the requirements of civil or criminal laws.  Unlawful behavior may result in criminal prosecution as well as disciplinary action.

Policies relating to alcoholic beverages, drugs, and sexual assaults are found in the Center Bulletin, Handbook for Administration and Staff, and the Extended University Faculty Handbook.  As part of the education process, members of the University community are informed about University expectations and consequences when an individual violates alcohol, drug, and sexual assault policies and related laws.

Alcohol & Drugs:  In consideration of federal, state and local laws, the possession, use or sale of illicit drugs or alcohol is prohibited by Milwaukee Center students or employees on the grounds of the Milwaukee  Center.  The University neither condones nor sanctions the use of alcohol.  All individuals are expected to observe the alcoholic beverage and illicit drug related laws of the State of Wisconsin.  Members of the Milwaukee Center University Community who are of legal age (21) are expected to make responsible decisions about the use of alcohol or drugs and to assume full responsibility for their personal conduct and actions.  This includes respecting the right of those individuals who choose not to use alcohol or drugs.

• Unwanted or unwilling sexual contact-any sexual touching or attempting to disrobe a person without his/her willing consent. 
• Unwanted or unwilling sexual intercourse-any unlawful sexual intercourse however slight that occurs without the consent of either party.  Consent is defined as a positive verbal acknowledgment such as “yes”.  Any person under the influence of alcohol or other drugs is considered incapacitated and unable to give consent.
• Sexual exploitation-the observation or reproduction of any sexual act without the written consent of all parties involved.

Examples:  (not an exclusive list)  Force or threats of force, including stranger and/or gang rape.  Preventing a person from resisting by administering any intoxicant.  Sexual intercourse with a person who is known to be unconscious of the nature of the act (e.g. sexual intercourse with a person who is sleeping, passed out or blacked out from alcohol or drugs.)  Sexual intercourse with a person who is incapable of giving legal consent or under the legal age.  Sexual intercourse with a student who is unable to give consent because of a language barrier.

The standards of conduct do not replace or relieve persons from complying with the requirements of civil or criminal laws.  Unlawful behavior may result in criminal prosecution as well as disciplinary action by the appropriate disciplinary board or administrator.

It is an unfortunate fact that many individuals in our society are victims of personal violence.  There is assistance available for a victim of such personal violence.  A person who has been sexually abused will need support and information that will help clarify the issues and facilitate recovery. 

Victims of sexual abuse may wish to consider the following actions:

If you are raped or sexually assaulted:

1.      Get to a safe place as soon as you can.

2.      Try to preserve all of the physical evidence.  Do not wash, use the toilet, or change clothing if you can avoid it.  If you do change clothes, put all clothing you were wearing at the time of the attack in a paper, not plastic, bag.

3.      Get medical attention as soon as possible to assess and treat any injuries you may have sustained and to collect important evidence to assist police in legal action.

4.      Contact the Milwaukee Police Department at 911.

5.      Contact the Area Coordinator of the Milwaukee Center who will maintain confidentiality, help explain your options, give you information and provide emotional support.

6.      Contact someone you trust, a close friend or relative to be with you and support you.

Male Victims.  While most victims of sexual assault are women, men can also be victims.  Male victims at the Milwaukee Center should take the same steps as outlined in this document.

Medical Treatment.  It is important to seek immediate and follow-up medical attention for several reasons: (1) to assess and treat any physical injuries you may have sustained; (2) to determine the risk of sexually transmitted diseases or pregnancy and take preventative measures; and (3) to gather evidence that could aid in criminal prosecution.  Physical evidence should be collected immediately, ideally within the first 24 hours.  It may be collected later than this, but the quality and quantity of the evidence may be diminished.  A Milwaukee Center student can receive the examination at the emergency room of West Allis Hospital or any other area hospital emergency room.

Transportation.  The administrative staff at the Milwaukee Center will help arrange transportation to the clinic or hospital during normal working hours.  The Milwaukee Police Department will transport anyone assaulted to the hospital at any time of day. 

Reporting to the Milwaukee Staff:  The Milwaukee Center staff members are also available to help provide you with information about your options, including medical assistance, counseling, University disciplinary action, and legal prosecution information.  Talking about your concerns with the Area Coordinator may help you sort through your feelings and decide what to do.  You can also report a recently occurring incident at a later date, if you do not choose to report it immediately.  However, the sooner you report the incident, the sooner action steps can be outlined for your welfare.

The reasons for reporting to the Milwaukee staff are:  (1) to protect yourself and others from future victimization; (2) to apprehend the assailant; and (3) to, in some way, seek justice for the wrong that has been done to you.  If you choose to report the incident to the Milwaukee Police Department, an officer will take a statement from you regarding what happened.  He/she will ask you to describe the assailant(s) (if you do not know them), or identify them if you do.  He/she may ask questions about the scene of the crime, any witnesses and what happened before and after the incident.  You may have a support person with you during the interview.

If you have been sexually assaulted by another student or group of students and are considering University action, you are encouraged to discuss the matter with the Area Coordinator or the Dean of the Extended University.  Please note that the University is required by the Cleary Act (formerly the Campus Security Act) to report sexual assault statistics to the University community.

If you do not wish to have the assault reported statistically, you will need to discuss your options with the Area Coordinator, Regional Director or Dean of the Extended University.  This will allow you a chance to review the procedures should you decide to file a formal complaint to be handled by the University.  This discussion does not obligate you to pursue official action.

Charges may either be filed directly by you or by the University on the basis of your written statement.  Such a charge would be handled in accordance with the procedures relating to violations of the Code of Student Conduct in the Center Bulletin.

Those students who are involved in sexual abuse cases are entitled to certain rights under Upper Iowa University’s Disciplinary Hearing Procedures as well as the following:

1.      Both the accuser and the accused have the right to present relative information and witnesses in a hearing.

2.      Both the accuser and the accused have the right to be notified of the sanctions imposed.

3.      The accuser may request reasonable accommodations as to academic arrangements after an alleged sexual assault.

4.      The accuser has the right to file a complaint at any time during their enrollment at the University.

5.      Students who violate University policies while involved in a sexual assault will be adjudicated for the policy violation.  Sanctions will be of an educational nature instead of punitive.

Non-student employee.  If you have been sexually assaulted or harassed by a non-student employee of the University, this is a violation of the law and University policy.  Complaints should be filed with the Area Coordinator, Regional Director or the Dean of the Extended University.

An employee (non-student) who has been sexually assaulted by another employee or student should report the matter to the Area Coordinator or Dean of the Extended University.  If you want to press criminal charges, call the Milwaukee Police Department or West Allis Police Deparment dependingg on where the assault occurred..

If you are assaulted, and at this time do not want to pursue action within the University system or the local police department, you may still want to consider making an anonymous report.  With your permission, the Area Coordinator, Regional Director or Dean of the Extended University can file a report of the incident without revealing your identity.  The purpose of an anonymous report is to comply with your wish to keep the matter confidential, while taking steps to ensure future safety for yourself and others.  With such information, the University can keep accurate records about the number of incidents involving students or employees, determine whether there is a pattern of assaults with regard to a particular location, method or assailant, and alert the Milwaukee student community to potential danger.

In November of 1990, President George Bush signed into law the Student Right-To-Know and Campus Security Act.  This piece of legislation will affect, to some extent, the campus security programs of every postsecondary institution in the nation. 

The Crime Awareness and Campus Security Act establishes a minimum standard for the disclosure of campus crime statistics in each institution’s annual report.  Numbers of the following offenses which are reported (to center administration or local police agencies) to have occurred “on campus” must be reported:

Crime Definitions:

• Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a swelling house, public building, motor vehicle or aircraft, personal property of another, etc.
• Destructions/Damage/Vandalism of Property (except "Arson"): To will fully or maliciously destroy, damage, deface, or otherwise injure real or personal property withou the consent of the owner or the person having custody or control of it
• Criminal Homicide - Murder and Non-negligent Manslaughter:  The willful (non-negligent) killing of one human being by another.
• Criminal Homicide-Manslaughter by Negligence:  The killing of one human being through gross negligence.
• Robbery:  The taking or attempting to take anything of value  from the control, custody, or care of another person or persons by force or threat of force or violence and/or putting the victim in fear.
• Aggravated Assault:  An unlawful attack by one person upon another for the purpose of inflicting sever or aggravated bodily injury.  This type of assaultt usually is accompanied by the use of a weapon or by means likely to produce death or great bodily injury.  (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
• Simple Assault:  An unlawful physical attack by one person upon another where neither the offender displays a weapon nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
• Intimidation:  To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
• Burglary:  The unlawful entry of a structure to commit a felony or theft.  For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
• Motor Vehicle Theft:  The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, including joyriding.)
• Weapon law violations: The violations of laws or ordinances dealing with weapons offenses, regulatory in nature, such as: manufacture, sale, or possession of  deadly weapons, carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.
• Drug Abuse Violations:  Violations of State and local relating to the unlawful possession, sale, use, growing, manufacturig, and makeing of narcotic drugs.  The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana: synthetic narcotics (Demerol, methadones); and dangerous nonnarcotic drugs (barbituates, Benzedrine).
• Liquor Law Violations: Violations of laws or ordinances prohibiting the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places, bootlegging, operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attemps to commit any of the aforementioned.  (Drunkenness and driving under the influence are not included in this definition.)
• Larceny-Theft: The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another. (Note: constructive possession is defined by Black's Law Dictionary, 6th Ed. as "where one does not have physical custory or possession, but is in a position to exercise dominion or control over a thing.")
• Pocket picking: The theft of articles from another person's physical possession by stealth where the victim usually does not become immediately aware of the theft.
• Purse snatching: The grabbing or snatching of a purse, handbag, etc. from the physical possession of another person. 
• Shoplifting: The theft, by someone other than an employee of the victim, of goods or merchandise exposed for sale.
• Theft from Building: A theft from within a building which is either open to the general public or where the offender has legal access.
• Theft from Motor Vehicle: (Except Theft of Motor Vehicle Parts or Accessories): The theft of articles from a motor vehicle in a manner which would make the item an attachment of the vehicle, or necessary for its operation.

SEX OFFENSES DEFINITIONS:

 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.

• 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 intercourse with another person, forcibly and/or against that person’s will; or not forcibly 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 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 incapacity.

 Sex Offenses-Non-forcible-Unlawful, nonforcible sexual intercourse.

• Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Note: Colleges and Universities are now required to inform students and employees of where they can learn of individuals who have been convicted of sex crimes. If you are interested in this information, you can contact the Police Department of the city or municipality that you reside in or the city or municipality where the individual whom you wish to learn about resides. There is also an online registry: www.offender.doc.state.wi/us/public of those convicted of sex crimes.

In addition to the above mentioned and defined criminal acts, the Campus Security Act covers various hate crimes, the hate crimes that are covered are based on race, gender, religion, sexual orientation, ethnicity and disability.

Other Definitions:

Campus: Any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as food or retail vendor).

Residential Facilities: Dormitories or other residential facilities that students reside in while living on campus.

Non-Campus Building or Property: Any building or property owned or controlled by a student organization recognized by the institution; and any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used by the students, and is not within the same reasonably contiguous geographic area of the institution.

Public Property: The term “public property” means all property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution in direct support of, or in a manner related to the institution’s educational purposes.

Upper Iowa University-Milwaukee Center annually distributes a security report containing center security policies and procedures as well as crime statistics.  The statistics are compiled in cooperation with the Milwaukee Police Department.  Statistics concerning the occurrences at the Milwaukee Center Office which were reported to center administrators or local police are as follows:

O = On Campus – includes incidents in/on residential facilities, buildings, and property.

R = Residential Facilities – includes incidents in residential facilities only.

N = In or on non-campus building property.

P = On public property.

Crime statistics will be maintained on a calendar year basis in compliance with the Campus Security Act.