Because of their sensitive nature, sexual misconduct cases will always be referred to a student conduct administrator for an administrative hearing. When possible, these cases will be chaired by two student conduct administrators, one of each gender. The victim is encouraged to obtain counseling and to utilize an adviser throughout the entire proceeding.
A stay-away directive will be issued by the student conduct administrator(s) to any or all parties involved in the case, including third parties. The complainant will be notified when that occurs. The university reserves the right to modify the living arrangements within the residence halls, class schedules, eligibility to participate in certain activities, etc., of the students involved.
The complainant may elect to have an adviser accompany her/ him throughout the conduct process — including any initial meeting(s), conference(s) and the hearing. Before the hearing, the complainant will be required to make a formal statement (normally a signed written statement or a Department of Public Safety Incident Report) describing the incident. The respondent(s) will be given an opportunity to respond with his/her own formal statement. The complainant has the right to be present throughout the hearing, but not during the deliberations of the student conduct administrator(s). The complainant has the right to present pertinent evidence and the testimony of witnesses to substantiate the complaint. Irrelevant history of both parties will not be discussed or considered during the conduct process. The student conduct administrator will determine relevancy. As permitted by federal or state law, the complainant will be informed in writing of the outcome of the student conduct proceeding and any subsequent appeal. Both complainant and respondent shall have an appellate right. Should any delay occur during the proceedings, the student conduct administrator will inform the complainant of the reason for the delay.
The university reserves the right to investigate and subsequently take university action for behavior of Marquette students in off-campus situations when such behavior is believed to have an impact on the Marquette community, e.g., alleged instances of criminal activity commencing on campus but relocated off campus; harassment of or assault on a university person; criminal activity involving a student, whether as an individual student or as a member of a university-recognized organization; violations of city ordinances, such as public intoxication, noise and vandalism; or student conduct violations in organized group living situations or in university-owned housing. The decision to take action in such cases will be determined by the dean of students or his/her designee in consultation with appropriate university officials. This provision is also applicable to students studying abroad.
Should an individual pose an immediate danger to, or severely disrupt, the university community or endanger any individual, emergency administrative action may be taken to relocate an individual within the residence halls, restrict activities of the individual on campus or remove the individual from the university community (e.g., residence halls, classroom) pending the outcome of disciplinary procedures. This action may be taken at any time during the academic year, including New Student Orientation, midterms, final exams and Senior Week. This action may be taken against a graduating senior and may preclude the student from participation in graduation, pending the outcome of a formal disciplinary hearing. Generally, within three (3) working days of the emergency administrative action, a disciplinary case must be filed. A formal hearing must then be scheduled within five (5) working days after the case is filed. In certain circumstances, additional time may be required for investigation and charges will be filed as soon as possible. The student must receive written notification of the charges. The decision whether or not to take emergency administrative action is vested solely within the discretion of the vice president for student affairs or his/her designee.
The university may institute disciplinary proceedings against a student for a violation of the Student Code of Conduct, regardless of pending civil litigation or criminal arrest and prosecution arising out of the same factual situation. Disciplinary proceedings may be carried out before, simultaneously with or after civil or criminal proceedings off campus. University disciplinary action will not be subject to challenge on the grounds that civil or criminal charges involving the same incident are pending or that such charges have been dismissed or reduced.
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