The University can respond to specific instances and allegations of misconduct only if it is aware of them. The University therefore encourages anyone who believes that he or she has experienced, or witnessed, sexual misconduct to promptly come forward with inquiries, reports or complaints and to seek assistance from the University. In addition, any University employee who becomes aware of instances or allegations of sexual misconduct by or against a Marquette student or employee must report it to a University official charged with responding to such allegations and reports, such as the Title IX Coordinator, a Title IX Deputy Coordinator, the Affirmative Action Officer, or the Departments of Human Resources, Public Safety, Student Development, or Office of the Provost.
Reports/complaints received in any of these offices in which the respondent is an employee or faculty member must, in turn, be immediately reported to the Title IX Deputy Coordinator representing Human Resources/Affirmative Action Officer. Reports/complaints received by any of these offices in which the respondent is a student (other than students accused in their capacity as employees) must, in turn, be immediately reported to the Office of Student Development, which will process such complaints pursuant to the procedures set forth in the At Marquette Student Handbook, and not pursuant to the following employee procedures. Reports/complaints in which the respondent is neither a Marquette employee nor student (e.g., vendors, visitors) will be processed consistent with any other complaint by notifying one of the reporting officials above, although the University reserves the right to alter or modify the procedures, in its sole discretion, in order to effectively handle these complaints.
Unless otherwise provided herein, responsibility for the investigation of sexual misconduct complaints in which the respondent is an employee (faculty, exempt, non-exempt, graduate assistant or student employee) will be with the Title IX Deputy representing Human Resources/Affirmative Action Officer ("investigator"). Responsibility for the processing of all other sexual misconduct complaints in which the respondent is a student will be with the Office of Student Development. The Title IX Coordinator and the Vice President of Human Resources have the authority to appoint an alternate or additional investigator as circumstances require and in their sole discretion, e.g., when a substantial conflict of interest is alleged by the complainant, respondent or investigator. In the event a request for an alternate investigator is made and/or an alternate investigator must be appointed, the specific timelines provided in the policy will be suspended pending that appointment.
Complaints will be addressed as confidentially as possible, considering the specific circumstances of the allegations, to protect the rights of both the complainant and the respondent. The investigator may gather information from any sources deemed necessary in an effort to fully investigate and resolve the complaint. The complaint must be filed as soon as possible after the alleged incident occurred. The complainant and respondent may each have one advisor accompany them in any interview/meeting related to this process. This advisor serves as a support person and is intended to be of direct assistance to the complainant or respondent. The advisor may not speak for the complainant or respondent, ask questions of the interviewer, or make legal arguments or objections. If the advisor is an attorney, a law student, or a Law School faculty member, Marquette may reschedule the interviews and/or meetings so that Marquette University legal counsel may be present.
The complaint can be verbal or written but should include the following information:
Upon receipt of the complaint, the investigator will provide a copy of the complaint to the Title IX Coordinator and the Vice President of Human Resources. A verbal complaint will be summarized in writing by the investigator and the complainant will be given an opportunity to review the summary. A complaint may be redacted in some instances (e.g., if the complainant has requested anonymity). Each respondent will be provided with a copy of the complaint/summary by the investigator. The investigator will notify the supervisor of the respondent and corresponding Vice President or Dean regarding the complaint, in order that the supervisor may take appropriate interim and/or remedial actions during the investigation. (e.g., temporary assignment, paid leave of absence, separation of the complainant and respondent).
The respondent will be given an opportunity to submit to the investigator a verbal or written response to the complaint within five (5) business days of receipt of a complaint. A verbal response will be summarized in writing by the investigator and the respondent will be given an opportunity to review the summary. A copy of the response/summary will be provided to the complainant, the Title IX Coordinator and the Vice President of Human Resources by the investigator.
The investigator will interview the complainant and the respondent and may also, at his/her discretion, interview witnesses, and/or any other persons who may have information about the alleged incident. These interviews may be conducted by the investigator, the Department of Public Safety, other designate of the investigator, or any combination thereof. An investigator may review personnel or other records relevant to the complaint. The complainant and the respondent will be permitted to suggest witnesses and/or other evidence, which will be considered by the investigator. A record will be kept of all individual interviews.
The investigator will assess whether a violation of the Sexual Misconduct Policy has occurred, generally within thirty (30) business days of receiving the complaint. The findings will be submitted in writing to the complainant, the respondent, the respondentís immediate supervisor and corresponding Vice President or Dean, the Title IX Coordinator and the Vice President of Human Resources. The investigator must find by a preponderance of the evidence (that it is more likely than not) that the alleged sexual misconduct has occurred in order to hold the respondent responsible for such conduct.
If sexual misconduct is determined to have occurred, the supervisor of the respondent will be responsible for acting on the findings of the investigator. The Department of Human Resources must be consulted by the supervisor regarding all disciplinary decisions, sanctions or outcomes. The investigator and the respondentís Dean or Vice President, depending on the respondentís reporting line, may also be consulted. In making a decision regarding discipline, the supervisor should consider previous conduct, the seriousness of the violation and any other information pertinent to this decision. Where a pattern or practice of sexual misconduct exists or prior determinations of sexual misconduct have been made regarding the respondent, the supervisor should consider the totality of information in determining appropriate discipline. These individuals may also review any part of the investigative records. Appropriate discipline may range from a verbal reprimand up to and including termination/dismissal for cause, or any other appropriate remedial action or combination of actions.
Within five (5) business days of receiving the investigator's finding that sexual misconduct occurred, the supervisor should meet with the respondent to discuss the findings and recommendations. This meeting may also include Human Resources, and/or the respondentís Dean or Vice President, depending on the respondentís reporting line. Within five (5) business days of this meeting, the supervisor must issue a written notice of the appropriate disciplinary action(s) to the respondent. The supervisor will provide a copy of the notice of disciplinary action to the investigator, Human Resources, and the respondentís Dean or Vice President, depending on the respondentís reporting line. The investigator will also notify the complainant that the complaint has been reviewed and that disciplinary action has been imposed. All deadlines indicated above may be altered at the discretion of the investigator and/or supervisor for good cause. However, most cases will be resolved within sixty (60) calendar days.
Either the complainant or respondent may file an appeal of the outcome of the complaint. An appeal must be delivered to the Title IX Coordinator, Vice President of Human Resources, or designate identified in the outcome letter. The appeal must be filed in writing, within five (5) business days after receipt of the notice of outcome/disciplinary decision. The bases of appeals include only the following: (1) denial of a fair hearing; (2) insufficient evidence to establish responsibility; and (3) new information available that was not available at the time of the hearing which affects the disciplinary decision. The written appeal must state in detail the reason(s) for the appeal, explaining with specificity any alleged factual or procedural errors, any alleged issues concerning interpretation of University policy, any basis on which the disciplinary action is alleged to be improper and any new information or evidence, including an explanation of why such information or evidence was not presented during the investigation. No disciplinary or other action based on the complaint will be taken against the respondent during the appeal process, although temporary, interim measures may be implemented.
The individual handling the appeal (the Title IX Coordinator, Vice President of Human Resources, or designate) will review the materials gathered and utilized by the investigator and the supervisor(s) in reaching his/her decisions with regard to responsibility and disciplinary action(s). At his/her sole discretion, the Title IX Coordinator, Vice President of Human Resources, or designate may interview the respondent, the complainant, and/or any additional witnesses. Within five (5) business days of receipt of the appeal, the Title IX Coordinator, Vice President of Human Resources or the designate handling the appeal will issue a final written decision. All deadlines indicated above may be altered for good cause at the discretion of the Title IX Coordinator, Vice President of Human Resources, or the designate handling the appeal.