Marquette University strives to provide an educational environment which reflects its Catholic, Jesuit mission and preserves the safety and dignity of its community members. All members of the campus community are expected to conduct themselves in a manner that enhances the well-being of the community. Members of the university community, guests and visitors have the right to be free from all forms of sexual harassment, discrimination and sexual misconduct (“Prohibited Conduct”). This Policy covers student, faculty and staff-related matters of Prohibited Conduct, whether the alleged conduct occurred on- or off-campus and regardless of whether the alleged Respondent is a student, faculty member, staff or third party. Examples include acts of sexual violence (including sexual assault), any harassment based on sex or gender (including sexual orientation, gender identity or gender expression), domestic violence, dating violence and stalking.
Marquette will not tolerate incidents of harassment, discrimination, and sexual misconduct occurring on or off campus. When such an allegation is reported to an appropriate Marquette official, protective and remedial measures will be used to reasonably ensure such conduct ends, is not repeated, and the effects on the Complainant and community are remedied, including serious sanctions (up to and including termination, suspension or expulsion, if circumstances warrant) when a Respondent is found to have violated this Policy. Students and employees who retaliate against individuals who report Prohibited Conduct will be subject to disciplinary action.
Students and employees are strongly encouraged to report any/all incidents of sexual discrimination, harassment or sexual misconduct to the Marquette University Police Department (“MUPD”), the Title IX Coordinator, or any Deputy Title IX Coordinator. When an allegation of misconduct is brought to an appropriate University official, the University will respond promptly, equitably, and thoroughly. For additional reporting options, see Section III.
Consistent with Marquette’s commitment to addressing Prohibited Conduct, Marquette complies with Title IX of the Higher Education Act of 1972, and the Violence Against Women Reauthorization Act of 2013 (VAWA) 2. Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities.
Marquette University does not discriminate in any manner contrary to law or justice on the basis of race, color, gender, age, sexual orientation, religion, disability, veteran’s status or national origin in its educational programs or activities, including employment and admissions. At the same time, Marquette values its right and duty to seek and retain personnel who will make a positive contribution to its religious character, goals, and mission in order to enhance the Jesuit, Catholic tradition. Federal laws (Title VI, VII, and IX; the Age Discrimination Act in Employment of 1967 as amended, the Rehabilitation Act of 1973 as amended, the Veteran’s Readjustment Assistance Act of 1974, and the Americans With Disabilities Act of 1990) prohibit such discrimination.
Employee inquiries concerning Section 503 of the Rehabilitation Act of 1973 and Title III of the Americans with Disabilities Act of 1990 may be referred to:
Department of Human Resources
P.O. Box 1881
Milwaukee, WI 53201-1881
Students and employee inquiries concerning Titles VI, VII, the Age Discrimination in Employment Act of 1967, as amended, and Executive Order 11246, as amended, may be referred to:
Affirmative Action Officer
P.O. Box 1881
Milwaukee, WI 53201-1881
Student and employee inquiries concerning Title IX may be referred to:
Christine Harris Taylor, JD., LL.M.
Title IX Coordinator
Alumni Memorial Union, Room 437
P.O. Box 1881
Milwaukee, WI 53201-1881
Office for Civil Rights
500 W. Madison Street
Chicago, IL 60661-4544
The Marquette University Board of Trustees has approved the Affirmative Action Program, formalizing the University’s position toward human rights. This program reaffirms and specifies action programs to continue the pledge of promotion and equal opportunity for all qualified persons.
All Marquette University community members (faculty, staff, students, trustees, contract personnel, agents, visitors, guests, volunteers, and other individuals associated with the University) are prohibited from engaging in acts of discrimination based on the above-referenced bases. This Policy applies to all associations, clubs, organizations and their members affiliated with and utilizing the benefits and services provided by or connected with the University. All University policies, practices and procedures are administered in a manner consistent with Marquette University’s Jesuit Mission and Guiding Values.
I. KEY CONCEPTS AND DEFINITIONS CENTRAL TO ALL FORMS OF SEXUAL HARASSMENT, DISCRIMINATION AND SEXUAL MISCONDUCT
Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sexual contact, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Complainant refers to the individual who reported the incident of alleged Prohibited Conduct.
In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is the voluntary, clear, actively given, positive agreement between the participants to engage in a specific sexual act or activity. Previous relationships or consent does not imply consent to future sexual activity. Consent can be withdrawn at any time once given, so long as that withdrawal is clearly communicated.
Under Wisconsin law, the age of consent is 18. Consensual sexual intercourse with a person under 18 years of age is a criminal offense. 3
Force is the use of physical violence, and/or imposing on someone physically, to gain sexual access. Force includes hitting, kicking, restraining or otherwise exerting their physical control over another person through violence. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance to produce consent.
Incapacitation is defined as a state in which a person cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, where, why or how” of their sexual interaction). Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.
This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the ingestion of “date rape” drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy.
The use of alcohol or other drugs will never function as a defense for any behavior that violates this policy.
Respondent refers to a student, employee, or faculty member who allegedly violated this policy.
SEXUAL HARASSMENT, DISCRIMINATION AND SEXUAL MISCONDUCT DEFINED
Sexual misconduct is a broad term encompassing behaviors focused on sex and or gender discrimination that may or may not be sexual in nature. Sexual misconduct offenses prohibited by this policy include, but are not limited to: 1) Sexual harassment, 2) Non-consensual sexual contact, or attempts to commit same, 3) Non-consensual sexual intercourse, or attempts to commit same, 4) Sexual exploitation, 5) Relationship violence, or 6) Stalking.
Non-Consensual Sexual Contact is defined as any intentional sexual touching, however slight, with any object, of a person upon another person that is without consent and/or by force.
Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
Non-Consensual Sexual Intercourse is any sexual intercourse however slight, with any object, of a person upon another person that is without consent and/or by force.
Sexual intercourse includes vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
Occurs when a student, faculty or staff, takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute other sexual misconduct offenses. Examples include, but are not limited to:
Engaging in physical, sexual, psychological, or emotional harm between partners or former partners involving one or more of the following:
II. OTHER MISCONDUCT OFFENSES UNDER TITLE IX WHEN SEX OR GENDER-BASED
Any other University policies may fall within this section when a violation is motivated by the actual or perceived membership of the reporting party’s sex or gender.
It is a violation of University policy to retaliate against any person reporting or filing a complaint of harassment, discrimination, or sexual misconduct. Such conduct is inconsistent with University policy and may also be prohibited by law.
“Retaliation” is defined as any adverse action taken against a person making a complaint of prohibited conduct or against any person involved or participating in the investigation of any such allegation. Retaliation is prohibited with or without a University Stay Away Directive. Report alleged acts of retaliation to the Title IX Coordinator, Deputy Title IX Coordinator(s), and/or MUPD.
III. REPORTING AND RESOURCES
The University’s primary concern is the safety of its students, faculty and staff, and to encourage reporting of Prohibited Conduct. All University employees4 have a duty to report actual or suspected Prohibited Conduct to appropriate officials, though there are some limited exceptions for those with “legal privilege.” Reporting parties may want to consider carefully whether they share personally identifiable details with employees who have a duty to report, as those details must be shared by the employee with the Title IX Coordinator and/or Deputy Title IX Coordinator(s), and/or MUPD. To be clear, employees with a duty to report must share all details of the reports they receive.
If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the reporting party may make such request to the Title IX Coordinator and/or Deputy Title IX Coordinator(s), who will evaluate that request in order to ensure the safety of the campus, in compliance with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the University may be unable to honor a request for confidentiality. In cases where a Complainant requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim support and measures to a Complainant and the community, but will not otherwise pursue formal action.
A Complainant has the right and can expect to have complaints taken seriously by the University when reported, and to have those incidents investigated thoroughly and properly resolved through the procedures set forth below. The University will promptly act on any complaint or notice of violation of this Policy when received by MUPD, Title IX Coordinator or any Deputy Title IX Coordinator, subject to Complainant’s request for confidentiality. The University will not discipline a student who makes a good faith report of Prohibited Conduct.
Reporting still affords some privacy to the reporter. Information will be shared only as necessary with people who need to be told (e.g., investigators, witnesses, and the responding party(ies)).
The number of people with this knowledge will be kept as small as possible to preserve a reporting party’s rights and privacy.
Reports regarding any form of sexual harassment, discrimination or sexual misconduct may be reported to MUPD, the Title IX Coordinator, or any Deputy Title IX Coordinator.
Complainants must be aware that an investigation conducted by the University is distinct from a criminal investigation and flows from the University’s obligation under Title IX and related laws to ensure that it is providing a safe environment for all community members.
A Complainant has the option to do the following:
MARQUETTE UNIVERSITY POLICE DEPARTMENT
Reports may be made to MUPD, in person or via telephone:
Marquette University Police Department (Open 24/7)
749 N. 16th Street
Milwaukee, WI 53233
Emergency Phone: (414) 288-1911
Non-Emergency Phone: (414) 288-6800
Title IX Coordinators
The individuals listed below make up Marquette’s Title IX team. The Title IX Coordinator is the designated agent of the University responsible for overseeing University policy, procedures and compliance with Title IX legislation, regulation and case law. The Title IX Coordinator shall document all reports of incidents of sexual harassment.
The Deputy Title IX Coordinators work with the Title IX Coordinator and may act on her behalf when so designated. Additionally, the Deputy Coordinators serve as persons to whom reports or complaints may be reported, and can investigate complaints. Reports to Marquette’s Title IX Coordinator and Deputy Title IX Coordinators may be made via email, phone or in person as set forth below:
Title IX Coordinator
Christine Harris Taylor
Office of Student Affairs
Deputy Title IX Coordinators representing the following (4) areas:
Division of Student Affairs
Cara Brook Hardin, J.D.
Deputy Title IX Coordinator
Office of Student Affairs
Office of the Provost
William Welburn, Ph.D.
Associate Provost for Diversity & Inclusion
Deputy Title IX Coordinator
Office of the Provost
Zilber Hall 454D
Assistant Vice President
Deputy Title IX Coordinator
Straz Tower, 185
Sarah Bobert — Intercollegiate Athletics
Senior Associate Athletics Director
Senior Women’s Administrator
Deputy Title IX Coordinator
Al McGuire Center 223G
In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality, meaning they are not required to report actual or suspected Prohibited Conduct to other University officials, thereby offering options and advice without any obligation to inform an outside agency or individual unless you have requested information to be shared. Other resources must take action when you report an alleged violation to them. The following describes the confidential reporting options (additional confidential and non-confidential resources found in Appendix B):
On-Campus Confidential Reporting Options:
Holthusen Hall, 204
Marquette University Medical Clinic
Schroeder Complex, Lower Level
Ordained clergy are also considered to be a confidential reporting option, when providing pastoral counseling in their role as a priest.
Off-Campus Confidential Reporting Options:
Sexual Assault Treatment Center
Aurora Sinai Medical Center
945 N. 12th Street
Milwaukee, WI 53233
The Healing Center
130 W. Bruce Street, #400
Milwaukee, WI 53204
Aurora Employee Assistance Program
All of the above resources will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor.
Marquette University Victim Advocate
A Victim Advocate is available on campus to provide support and assistance in the decision-making process to those affected by sexual violence, including sexual assault, relationship violence and stalking. Services are free and confidential, to the extent allowed by law and university policy. Generally, the information you provide will not be shared with your instructors or deans. The advocate will assist you in making a report to the MUPD. The Victim Advocate is available during regular Marquette office hours:
8:30 a.m. – 4:30 p.m.
Phone: (414) 288-5244
Contact MUPD and they will contact the advocate
Emergency Phone: (414) 288-1911
Non-Emergency Phone: (414) 288-6800
All University employees who observe acts of sexual harassment are required to intervene to stop the harassment, unless circumstances would make such intervention dangerous, and must document and report all such incidents to the Title IX Coordinator, Deputy Title IX Coordinator(s) and/or MUPD.
IV. INTAKE AND INVESTIGATION OF COMPLAINTS OF SEXUAL HARASSMENT, DISCRIMINATION AND SEXUAL MISCONDUCT
The Title IX Coordinator and Deputy Title IX Coordinators may serve as an investigator and are trained in Title IX, all aspects of the complaint process, and can serve in any of the following roles:
All persons serving as investigators have received annual training approved by the Title IX Coordinator, including a review of University policies and procedures, so that they are able to perform thorough, impartial investigations and provide accurate information to members of the University community.
Following receipt of a complaint, the Title IX Coordinator will promptly assign one Deputy Title IX Coordinator to work with and interview the Complainant and coordinate the University’s response. The University reserves the right to designate a different Deputy Title IX Coordinator or investigator if there is a conflict or when deemed appropriate by the Title IX Coordinator. If the complaint does not allege a Policy violation, or if other resolution options are appropriate, or if a Complainant does not wish to pursue further action, then the complaint will not proceed to a University Title IX investigation, barring extenuating circumstances.
If the Title IX Coordinator determines a full investigation should proceed, the University will conduct a prompt, fair, and impartial investigation. A University Title IX investigation will normally be completed within 60 calendar days after the University has notice of the allegation of a policy violation. The Title IX Coordinator may extend this time frame for good cause with written notice to the Complainant and Respondent. Good cause for extensions includes, but is not limited to, the following: 1) the complexity of the case requires additional time; 2) there are multiple parties involved; 3) the witnesses or parties are unavailable or uncooperative; 4) University closure or academic breaks; 5) if a University investigation would compromise a law enforcement investigation.
Both the Complainant and Respondent in the University Title IX investigation process may have the assistance of an advisor or support person of their choosing throughout the process. This individual may be a friend, faculty/staff member, family member, or an attorney. The University has designated staff members who may serve in this capacity. The contact information will be provided to the Complainant and Respondent. The role of the advisor/support person is limited. Complainants and Respondents are expected to ask and respond to questions on their own behalf. The advisor/support person may consult with the advisee quietly or in writing, or outside the meeting during breaks, but may not speak on behalf of the advisee to the investigator. If the advisor or support person is an attorney, a law student or a Law School faculty member, the investigator may reschedule the time and or date of the interview(s) so that Marquette legal counsel may be present.
The Title IX Coordinator, the Dean of Students, the Vice President for Human Resources, the Vice President of Student Affairs (or appropriate designee) may enact interim measures intended to address the short or long-term effects of Prohibited Conduct and to prevent further harassment or violations. To the extent reasonable and feasible, the University will consult with the Complainant in determining appropriate interim measures. Interim measures may include, but are not limited to, the following:
If the Complainant requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and/or respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a Complainant insists that their name or other identifiable information not be disclosed to the alleged perpetrator, the University’s ability to respond may be limited and the University shall inform Complainant of this fact. Regardless of a Complainant’s request for confidentiality or that an investigation not take place, the University will still provide interim measures and resources to the Complainant.
Title IX prohibits retaliation, and the University will not only take steps to prevent retaliation but also take strong responsive action if it occurs, even if a formal investigation is not pursued.
The University will not require a student, faculty or staff, who complains of harassment to work out the problem directly with the Respondent.
When it is determined that a formal investigation is necessary, the Title IX Coordinator will open a case file and the investigation will proceed as follows:
If an alleged Respondent withdraws from the University before the investigation and/or complaint resolution process have been concluded or the Respondent chooses not to participate in the process, the Respondent will still be informed that he or she is alleged to have violated University policy, that an investigation will be conducted, and that the resolution process will continue.
The student may respond in one of three ways: 1) participate in the investigation, 2) waive the right to be interviewed by the investigator, thereby acknowledging that the complaint resolution process may go forward in his or her absence (this also waive his or her right to appeal an outcome), or 3) waive the right to appear and send a written, signed statement to be considered on his or her behalf as part of the investigation and complaint resolution process.
For withdrawals, a letter will be sent to the University Registrar and to the associate dean of the school in which the student was enrolled indicating that such proceedings are pending. If the student attempts to re-enroll before the matter is resolved, the registrar will notify the Office of the Dean of Students. The matter must be fully resolved before the student may re-enroll at Marquette.
Marquette reserves the right to impose differing sanctions, depending on the severity and/or pervasiveness of the violation. In determining sanctions, the University will consider the concerns and rights of both the Complainant and the Respondent.
The following sanctions may be imposed upon any member of the community found to have violated this Policy. In determining the appropriate sanction(s), the University must examine and consider a number of factors, including, but not limited to: 1) level of risk or harm to the community; 2) the nature and seriousness of the offense; 3) use of drugs or alcohol; 4) motivation underlying the Respondent’s behavior; 5) the Respondent’s disciplinary history, including prior violations of the same or similar type; 6) cooperation with the investigation.
Note: sanctions will not generally be implemented until after the appeal deadline has passed or, if an appeal is filed, until after the appeal has concluded. However, Marquette reserves the right to keep in place interim measures, or to implement additional measures, on a case-by-case basis, at any time.
In the event a Respondent is suspended or expelled as a result of a finding of responsibility under the Policy, a notation will appear on his or her transcript. See the Undergraduate Bulletin at http://bulletin.marquette.edu/undergrad/academicregulations/#transcripts-official
Note: Violations not falling within this policy may be referred for review/possible action under other University policies/procedures (e.g., the Student Conduct Code, Employee Handbook, or Faculty Handbook).5
The original finding and sanction(s) will stand if the decision is not appealed or if an appeal is not timely.
Once a Decision Notification Letter is issued under this Policy, the Complainant and the Respondent shall each have the right to submit an appeal to the Title IX coordinator within five (5) business days of receiving the written Decision Notification Letter from the Title IX Coordinator. The Decision Notification Letter will be provided in person and/or emailed to the parties’ university-issued email account. Once the Decision Notification Letter is provided in person and/or sent via email, it will be deemed presumptively delivered.
Any party who files an appeal must do so in writing and submit it to the Title IX Coordinator who will determine if the appeal is timely. If the appeal is timely, the Title IX Coordinator will assign the appeal to an appropriate Appeal Officer (e.g., a Vice President or designee). A copy of the appeal will be promptly provided to the non-appealing party.
The appeal process is not a hearing or a review of the entire matter; rather, it is a review of the record and process only. Appeal decisions are to be deferential to the original investigative findings and determination, remanding only when there is clear reason to do so. Further, modification of the sanction(s) shall only occur if there is a compelling justification to do so.
The Appeal Officer may take one of three possible actions on appeal:
The Appeals Officer will typically render a written decision on the appeal to the Title IX Coordinator within five (5) business days from receipt of the appeal. The Title IX Coordinator will forward the written decision of the Appeals Officer to the parties.
The Appeals Officer’s decision is final and there are no further appellate options.
VII. FEDERAL STATISTICAL REPORTING OBLIGATIONS
Certain campus officials have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). The information to be shared includes the date, the general location of the incident (e.g. on or off-campus, but no addresses are given or reported) and the Clery crime category 6. All personally identifiable information is kept confidential, but statistical information must be reported to MUPD for publication in the University’s Annual Security and Fire Safety Report. This report helps to provide the community with a clear picture of the extent and nature of campus crimes, to ensure greater community safety.
Victims, witnesses, or confidential sources (with legal privilege) with information about incidents of sexual assault, domestic violence, dating violence or stalking may report crimes to MUPD on a voluntary, confidential basis for inclusion in the Clery Act annual disclosure of crime statistics.7
All Marquette employees are required to report crimes to MUPD, including Student Affairs employees, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the general location of the incident and the Clery crime category.
Federal Timely Warning Reporting Obligations
Victims of sexual misconduct should be aware that University officials must issue timely warnings for incidents reported to them that pose a serious or ongoing threat to students and employees. The University will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the threat/danger.
Additional Policy Provisions
The University reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or drug policy violations. Where a student is non-dependent, the University will contact parents/guardians to inform them of situations in which there is a significant and articulable health or safety risk. The University reserves the right to designate which University officials have the need to know about individual conduct reports pursuant to the Family Educational Rights and Privacy Act (FERPA).
VIII. MAINTENANCE OF DATA
Marquette University shall maintain documents and other data relating to specific complaints or other reports of sexual harassment of students, faculty and staff, regardless of sanction, including the following:
IX. AMENDMENTS OR TERMINATION OF THIS POLICY
Marquette University reserves the right to modify, amend, or terminate this Policy at any time. Students, faculty and staff are encouraged to check online for the most current version of all policies and procedures. If government regulations change in a way that impacts this document, this document will be construed to comply with government regulations in their most recent form. This policy is effective as of August 1, 2015. This policy supersedes all previous Marquette policies with respect to Title IX and related discrimination matters.
Revised: 07-01-2016 (Previous versions of this policy are available upon request.)
1. Much of Marquette University’s Policy on Sexual Harassment, Discrimination and Sexual Misconduct was adapted from the ATIXA SEX GENDER-BASED HARASSMENT, DISCRIMINATION AND SEXUAL MISCONDUCT MODEL POLICY, Brett A. Sokolow, J.D., et al. and the National Center for Higher Education Risk Management.
2. Violence Against Women Reauthorization Act of 2013 section 304 requires that universities have procedures in place to respond to matters of sexual assault, relationship (dating) violence and stalking.
3. See Wis. Stat. Chapter 948
4. Examples of University employees who have a duty to report include but are not limited to: Faculty, Adjunct Faculty, Staff, Residence Hall Directors, Resident Assistants (RA’s), Athletic Coaches and Staff (including graduate assistants), Club Sports coaches and assistant coaches, Academic Advisors, Student Activities Coordinator, Human Resources Staff, etc.
5. See Student Conduct Code at http://www.marquette.edu/osd/policies/conduct
See Faculty Handbook at http://www.marquette.edu/provost/facultyhandbook
See Employee Handbook at http://www.marquette.edu/hr/documents/employee-handbook.pdf
6. Reports of crimes required under the Clery Act include murder/non-negligent manslaughter, negligent manslaughter, forcible and non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson and hate crimes.
7. The university encourages accurate and prompt reporting of all crimes to MUPD, when the victim of a crime elects to, or is unable to, make such a report. “Unable” includes physical and mental incapacitation.
Late Night Marquette