Tag Archive for: sexual harassment

GCW Blog WI National Guard Legal Implication

#MeToo has brought sexual assault and harassment to the forefront of many conversations and sparked awareness at the national level over gender equality and civil rights. As debates have raged on nationally, we’ve seen many issues come to light in Wisconsin.

Most recently, a six-year internal investigation into sexual assault in the Wisconsin National Guard found a seriously disturbing trend. A group of men in the 457th Chemical Company titled themselves the “four horsemen” and “preyed” on women for sexual favors. Sexual assault and misconduct were found to be prevalent within the 457th for all six years of the investigation. This behavior culminated with a female guardswoman being punished for filing a complaint of repeated sexual assaults over a three-year period. Fortunately, relief may be coming for Wisconsin National Guard members.

The Capital Times recently completed its own four-month investigation into sexual assault in the Wisconsin National Guard. Its findings concurred with the Guard’s internal investigation. In April 2019, Governor Tony Evers and Senator Tammy Baldwin confirmed that the National Guard Bureau will conduct its own investigation into Wisconsin Guard units. This investigation should conclude by the end of 2019.

Changes to Wisconsin Legislation

While investigations are ongoing, Senator Ron Johnson introduced legislation to streamline and standardize how federal agencies collect data on sexual assault and harassment. Given the varying definitions of sexual violence, data collection can be a serious impediment to addressing and solving this pervasive problem.

While it may be difficult to pinpoint the precise number of sexual assaults in Wisconsin Guard units, one occurrence is too many. Sexual assault or harassment must be reported and eradicated in any workplace, not just the National Guard. Wisconsinites from all walks of life have a civil right to be safe from such predatory behavior. Until the National Guard Bureau releases its findings later this year, the Wisconsin National Guard will be under close public scrutiny to ensure this issue is addressed.

How Gingras, Thomsen & Wachs, LLP Can Help

Everyone deserves to feel safe at work, home, or in their community. If you or anyone you know have been the victim of sexual assault or harassment, call Gingras, Cates & Wachs immediately to ensure your civil rights are protected.

Sexual Harrassment

On March 4, 2019, Paul Kinne, Attorney at Gingras, Cates & Wachs, filed a lawsuit against the University of Wisconsin-Madison for Title IX violations, on behalf of Jane Doe, an underage minor, who was participating in the Precollege Enrichment Opportunity Program for Learning Excellence (PEOPLE) program through the university and was repeatedly sexually harassed by another PEOPLE student. The University allegedly failed to respond to multiple reported student-on-student assaults that occurred under the supervision of the program that made Doe more vulnerable to the attacks.

The complaint states that in 2017, the PEOPLE personnel were made aware of an underage student, “M”, who was displaying inappropraite sexual behaviors towards female students. But, UW-Madison failed to act and M returned to the program the following year. 

That next summer, on June 11, 2018, a female PEOPLE Program student reported that M had tried to hold her hand and whispered sexual comments in her ear. The school did not respond to her complaint.

On June 23, 2018, the PEOPLE participants were taken swimming at a Madison pool under the supervision of program staff. While swimming, “M” repeatedly groped and touched Doe’s bottom. Again, the sexual harassment was reported but not addressed.

There was another incident in June 2018 when M came into Doe’s room while she was sitting on her bed and mounted her. M pinned Doe’s back to the bed and straddled her for over a minute before getting up. Only after this incident was reported did the PEOPLE program respond to Doe’s sexual harassment complaint. M was suspended and sent home.

The lawsuit claims that it was UW Madison’s deliberate indifference to the pattern of attacks that made Doe vulnerable and allowed the harassment to continue. As a result, Doe was deprived of the program’s educational benefits and has suffered severe permanent psychological and emotional harm.

“Institutions entrusted with our children should not ignore any allegations of sexual misconduct.  Prompt action is necessary, or the behavior continues.  Doe is seeking justice for herself, but she is also taking action to send the message that institutions must take complaints of assault seriously, for the sake of everyone,” said GCW Attorney, Paul Kinne.

Gingras, Thomsen & Wachs, LLP is working to seek justice for this female student and to prevent this from happening again.

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