The Abe Lincoln statue at Bascom Hill in Madison.
A federal judge dismissed a lawsuit filed by a former participant of a UW-Madison summer program who alleged the university failed to respond to multiple reports of sexual harassment and assault.
U.S. District Judge William Conley ruled over the summer in favor of UW-Madison, finding that the university’s response to the participant’s complaints failed to amount to “deliberate indifference” as required under Title IX, the federal gender-equity law.
The suit filed in 2019 alleged university officials took no action despite being “aware of a pattern of predatory assaults on female students” participating in the Precollege Enrichment Opportunity Program for Learning Excellence, also known as PEOPLE.
Madison and Milwaukee students who are low-income or come from underrepresented backgrounds take part in the program to prepare them for college, including by living in a UW-Madison dorm over some of their high school summers. Those who earn admission to UW-Madison receive a full tuition scholarship.
A former female participant who attended the 2017 and 2018 summer programs said that another female participant sexually harassed her, repeatedly groped her in a pool and one time pinned her down on a dorm bed, according to court records. She later complained to a program staff member. The girl who allegedly harassed her was removed from the summer program.
The participant’s mother asked UW-Madison Police to investigate her daughter’s complaint of sexual assault, records show. The Dane County District Attorney’s Office went on to charge the girl with fourth-degree sexual assault, which is defined as sexual contact without consent, such as groping. The university removed the girl from the PEOPLE program entirely after learning of the charges.
In the academic year after the 2018 incidents, the grades of the participant who filed the complaint slipped below the grade point average required to remain in the program. She said she endured continued anxiety attacks and started seeing a therapist after being dropped from the program.
Though the judge found the accused girl’s misconduct was severe enough to trigger liability to UW-Madison under Title IX, he wrote that “no reasonable jury could find (the university) was deliberately indifferent” to the misconduct.
For example, a university employee explained to the girl during the first summer that her behavior made another participant uncomfortable and warned of “severe consequences” if the behavior continued. Another staffer assigned the girl and the participant to different mentors the next summer.
UW-Madison spokeswoman Meredith McGlone said in a statement that the university is gratified that the court agreed there was no violation of Title IX. She said the university remains committed to supporting survivors and responding promptly and fairly to allegations of sexual misconduct.
Throwback photos: The evolution of Wisconsin’s Bucky Badger over the years
Live badger mascot, 1910
The University of Wisconsin started using a badger as its mascot in the late 1800s around the time when intercollegiate football began. It reflected Wisconsin's nickname as the "Badger state," so named because of the prevalence of southwestern Wisconsin lead miners who had to burrow into hillsides for shelter in the winter – like badgers do. In the early years, UW used a live badger mascot at games, like the one here in this photo from 1910. They found, however, that the animals weren't always as lovable as they may have looked.
Players with the mascot, 1940s
Three Wisconsin football players, above, consult with their live badger mascot in the 1940s. The live badger (it had no name back then) was used for a while, until it was deemed unsafe for players and fans. The badger, who sometimes got away from its handlers, was retired to Madison's Vilas Zoo. In the photo here, the badger is safely tucked in a cage but, if you look closely, you can see a sharp tooth and nails.
Regdab the raccoon, 1948
George Holmes, the UW's student Homecoming Dance chairman and raccoon keeper, is seated in November 1948 with a young raccoon named "Regdab" (badger spelled backward), wearing a tiny UW sweater, on his shoulder. By this time, the live badger that had been used as a mascot in prior years was deemed unsafe and replaced briefly with the raccoon to try to find something tamer that still looked the part. (Photo taken by State Journal photographer Arthur M. Vinje.)
Papier-mache head, 1949
The current incarnation of Bucky got its start in 1940, when an illustrator sketched the likeness of an upright badger wearing a cardinal and white sweater. But the mascot wasn’t introduced on campus until 1949, when a cheerleader brought him to life. In the photo above, Bill Sachse, a UW-Madison business major and pep chairman, holds the chicken wire and papier-mache head of the very first Bucky Badger as UW-Madison cheerleader Bill Sagal puts on the head. Carolyn Conrad, an art student who designed the original Bucky head, touches up the red paint on his cheek.
First human Bucky, 1949
Bill Sagal, the first human Bucky Badger mascot, appears at a UW-Madison football game in 1949. Bucky was first introduced to the campus at a pep rally Nov. 11 of that year and then appeared at the next day's Homecoming game against Iowa. Sagal, then head cheerleader, wore his regular cheerleader trousers and sweater but added boxing gloves. (And yes, if you're wondering, Wisconsin beat Iowa 35-13.)
Becoming Bucky
Bucky also got his name in 1949. The mascot initially went by names like Benny, Buddy and Bouncey. But a contest was held that year to name him, and the winner was Buckingham U. Badger -- “Bucky,” for short. It was then that the papier-mache likeness was made. Even so, Bucky’s official birthday is considered Oct. 2, 1940, because of that original illustration and copyright. He's pictured above in 1955.
Taxidermist makes Bucky for Rose Bowl, 1953
This 5-foot-tall animated Bucky Badger statue was sponsored by the Wisconsin Conservation Department to be sent to California for the 1953 Rose Bowl Tournament and Rose Parade. The figure was made by Karl Kahmann, a Hayward taxidermist. (Photo taken by State Journal photographer Arthur M. Vinje.)
Bucky and the band, 1950s
Bucky is pictured with the band in the 1950s.
Bucky the boxer, 1956
Bucky Badger sports boxing gloves in 1956. Boxing was an early theme for those playing the role of Bucky.
Bucky in suit and tie, 1957
Bucky Badger, wearing a suit and tie, gets tapped on the nose by an unidentified man in 1957.
Bucky on a camel, 1960s
Bucky Badger rides a camel in the 1960s.
Bucky in sweater, 1965
Bucky Badger wears a cardinal sweater that spells out "Wisconsin," rather than just a big "W," at a UW-Madison football game in 1965.
Bucky vs. Herky, 1965
Bucky Badger boxes with Herky the Hawk from University of Iowa in 1965.
Hugging Bucky, 1967
Bucky Badger has always balanced being tough and lovable. Here, he hugs a small child at a game in 1967.
Bucky in the 1970s
Bucky Badger scrolls on the sidelines at a game in the 1970s.
Bucky with children, 1971
Cheerleaders pose with Bucky Badger and children at Camp Randall Stadium in 1971.
Bucky Wagon, 1978
Bucky Badger, joined by some UW cheerleaders, rides in the Bucky Wagon during the 1978 Homecoming parade.
Hugging Bucky, 1985
A cheerleader gets a hug from Bucky in 1985 during a snowy game.
Bucky and Tommy, 1980s
Bucky is next to former Gov. Tommy Thompson, seen raising his fist, in the late 1980s or early 1990s.
Bucky on the move, 1990s
Bucky and then-Chancellor Donna Shalala help students move in sometime in the 1990s.
Bucky goes to school, 2003
Bucky Badger gets a running start as he low-fives students at C.H. Bird Elementary School in Sun Prairie on Dec. 12, 2003. He appeared to honor them for their exceptional charity work in the community.
Bucky tops pyramid, 2006
Bucky Badger is on top of a pyramid Jan. 14, 2006, at the Kohl Center in Madison.
Bucky on the Pier, 2011
Bucky does a handstand while warming up the crowd shortly before Party on the Pier in Santa Monica, Calif. on Dec. 31, 2011. Wisconsin fans were in town for the Rose Bowl.
Bucky plays with fan, 2017
Wisconsin mascot Bucky Badger plays with a similarly-dressed young fan during the basketball team's open practice at the KeyBank Center in Buffalo, N.Y., on March 15, 2017.
After many years of neglect, the 113-year-old Garver Feed Mill has been restored as a center for food and wellness businesses. Here's a look a…
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Kelly Meyerhofer | Wisconsin State Journal
Kelly Meyerhofer covers higher education for the Wisconsin State Journal. She can be reached at 608-252-6106 or kmeyerhofer@madison.com.
