Policies

Harassment Policy

Marquette University, as a Catholic, Jesuit institution, insists that all human beings possess an inherent dignity and equality because they are made in the image and likeness of God. The university entirely and consistently disowns, as a matter of principle, any unlawful or wrongful discrimination against the rights of others.

As the university is committed to maintaining an environment in which the dignity and worth of each member of its community is respected, it will not tolerate harassment of or by students, faculty, staff and guests or visitors. Such behavior of identified individuals or groups will be subject to appropriate action, including, but not limited to, education, probation, suspension or expulsion from the institution or the campus and/or civil or criminal action in some instances.

Harassment is defined as verbal, written or physical conduct directed at a person or a group based on color, race, national origin, ethnicity, disability, age, gender or sexual orientation where the offensive behavior is intimidating, hostile or demeaning or could or does result in mental, emotional or physical discomfort, embarrassment, ridicule or harm.

Harassment includes not only offensive behavior that interferes with a person’s or group’s well-being or development, but also such behaviors that interfere with one’s employment, educational status, performance, or that create a hostile working, academic or social environment. In this regard, sexual violence is deemed to be a form of sexual harassment. It is a violation for a university person — student, faculty, staff, guest or visitor or anyone else acting at the instigation of a university person — to:

  1. Engage in any form of harassment whether intentional or unintentional on the campus or in the off-campus area.
  2. Retaliate against a person who has initiated an inquiry or complaint having to do with harassment.

Racial Harassment
Racial harassment is defined as verbal, written or physical conduct — either a single incident or a persistent pattern of behavior — directed at a person or a group based on one’s color, race, national origin or ethnicity, where the offensive behavior is intimidating, hostile or demeaning or could or does result in mental, emotional or physical discomfort, embarrassment, ridicule or harm.

Harassment on the Basis of Sexual Orientation
Harassment on the basis of sexual orientation is defined as any verbal, written or physical conduct directed at a person or a group based on sexual orientation or perceived sexual orientation where the offensive behavior is intimidating, hostile or demeaning or could or does result in mental, emotional or physical discomfort, embarrassment, ridicule or harm.

Sexual Violence
Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability.

Procedures
Information about harassment is available from the following offices: Student Development, Residence Life, Student Affairs, Campus Ministry, Counseling Center, Recreational Sports, Student Health Service, International Education and Public Safety. The Office of Human Resources may be contacted for counseling and assistance relating to affirmative action issues. Anyone with a question or concern about harassment is encouraged to contact one of the above offices for counsel and assistance.

Harassment complaints about a student should be filed with the Office of Student Development. Harassment complaints about an employee (including a student employee) should be filed with the employee’s immediate supervisor. If the complaint is with the immediate supervisor, the employee should contact the supervisor’s immediate superior. A complaint about a guest or visitor should be called to the attention of the host or the supervisor of the area or event where the concern has arisen.

The right of confidentiality for any party involved in a harassment incident, including the complainant and the charged, will be respected insofar as it does not interfere with the university’s obligation to investigate allegations of misconduct and to take corrective action where appropriate.

Any student or employee may also contact the affirmative action officer for counseling and assistance.

Sexual Harassment
Marquette University is committed to maintaining an environment in which the dignity of each member of its community is respected. Sexual harassment by or of either sex is prohibited by state and federal law. It is a violation of the university sexual harassment policy for anyone — faculty, staff, students or other individuals who may be present on Marquette’s campus or in any other location for a Marquette-sponsored activity — to engage in any form of sexual harassment or to retaliate in any way against an individual who has initiated a sexual harassment complaint.

The university maintains a zero-tolerance stance toward sexual harassment, which includes sexual violence, and will address and investigate all complaints in a timely, comprehensive and equitable fashion. Violators of this policy will be subject to appropriate corrective and disciplinary action, up to and including separation or termination from the university. Academic and non-academic management and supervisory personnel, at all levels, are responsible for taking reasonable and necessary action to prevent sexual harassment. All members of the university community, faculty, staff and students are required to promptly report, pursuant to these policies and procedures, conduct that could be in violation of this policy.

Sexual harassment is defined, within the workplace for employees and/or within the academic and/or residential experience for students, as any unwelcome sexual advances, demands, requests for sexual favors, innuendoes or any other verbal or physical conduct of a sexual nature when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual;
  3. Such conduct is sufficiently severe and pervasive so as to alter the conditions of, or have the purpose or effect of substantially interfering with, an individual’s work or academic performance by creating an intimidating, hostile or offensive working or educational environment.

Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom. Bona fide consensual relationships likewise shall not be considered harassment under the intent of this policy.

The university will:

  1. Respond to every formal complaint of sexual harassment reported;
  2. Take action to provide remedies when sexual harassment is discovered;
  3. Impose appropriate sanctions on offenders in a case-by-case manner; and
  4. Protect the privacy of all those involved in sexual harassment complaints to the extent it is possible. See also the Sexual Misconduct Policy and Resources and Student Conduct (p. 45 and 53).

Reporting Suspected Sexual Harassment
Any employee or student with a sexual harassment concern or question, before filing a formal complaint, may contact the Department of Human Resources affirmative action officer for counsel and assistance. A student may also contact the Office of Student Affairs. Any individual, employee or student who believes that he/she may have experienced sexual harassment or who believes that he/ she has observed sexual harassment taking place must report this information immediately to one of the following reporting officials:

  1. 1. The affirmative action officer;
  2. The director of human resources and employee benefits;
  3. The deputy Title IX coordinator or the dean of students;
  4. The vice provost;
  5. The Department of Public Safety; or
  6. The complainant’s supervisor, when the supervisor is not the accused.

Reports/complaints received in any of these offices in which the accused is an employee (faculty, staff or student employee) must, in turn, be immediately reported to the Department of Human Resources affirmative action officer. Reports/complaints received by any of these offices in which the accused is a student (other than students accused in their capacity as employees) must, in turn, be immediately reported to the dean of students, who will process such complaints pursuant to the procedures set forth in the university policies and procedures. Reports/complainants in which the accused is neither a Marquette employee nor student (e.g., vendors, visitors, etc.) shall be processed consistent with any other complaint by notifying one of the six reporting officials above, although the university reserves the right to alter or modify the procedures outlined below, in its sole discretion, in order to effectively handle these complaints.

Copies of all sexual harassment complaints shall be forwarded immediately upon receipt by the Department of Human Resources or the Office of Student Affairs to the executive vice president or provost or his/her designee. The director of human resources and employee benefits (in cases where the accused is a staff member or student employee) or the vice provost (in cases where the accused is a faculty member) shall also be immediately notified by the Department of Human Resources affirmative action officer that a complaint has been received.

For additional information about the investigation and resolution of sexual harassment complaints, please contact the affirmative action officer in the Department of Human Resources or the Office of Student Affairs. The university’s complete policy on harassment can be viewed in the Employee Handbook on the Human Resources website.

http://www.marquette.edu/hr/documents/SexualHarassmentPolicyFeb2007.pdf.

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