Marquette University strives to provide an educational environment which reflects its Catholic, Jesuit mission and heritage and which preserves the safety and dignity of each member of its community. The university prohibits all forms of sexual violence, coercion, intimidation and harassment. The university does not permit any form of sexual misconduct, including, but not limited to, sexual assault and interpersonal violence. This policy has dual purposes. It serves as a measure for the university to determine, after the fact, if behaviors trespass on community values. It also should serve to prevent sexual misconduct by providing a guide to the university’s expectations relative to sexual responsibility and sexual respect within the Marquette community.
When an allegation of sexual misconduct is reported to the university and a violation of this policy is found, the university will take prompt corrective action and impose appropriate sanctions so that the learning and employment opportunities of students, employees and faculty members are not further affected by sexual misconduct. The university complies with federal, state and local laws, including the reporting of all crimes to law enforcement authorities.
Marquette University further recognizes the importance of responding to victims of sexual assault by providing access to services and resources in the areas of advocacy, medical care, legal/conduct concerns and counseling/emotional support. Care for and consideration of the victim’s wishes and needs will be used to guide Marquette’s response throughout the process.
The Marquette University Code of Student Conduct and Employee Rules of Conduct prohibit all forms of sexual violence, coercion, or harassment against individuals, whether perpetrated by a stranger or acquaintance, whether occurring on or off campus, and whether directed against a member of the Marquette University community or someone outside the university community. Prohibited conduct ranges from acts clearly identifiable as sexual assault to sexual misconduct that includes such acts as stalking, voyeurism, exposure, sexually harassing communication and sexual activity in a context of emotional coercion. Where there is reasonable cause to believe that a student member of the university community has violated the Marquette University Code of Student Conduct, the university will take action in accordance with the policies and procedures outlined in the Student Handbook. Where there is reasonable cause to believe that a university employee or faculty member has violated the Employee Rules of Conduct, the university will take action in accordance with the policies and procedures outlined in the Employee Handbook. University action may be taken whether or not criminal charges are filed and without regard to whether the conduct occurred on or off the Marquette University campus.
Any member of the university community found responsible for violating the sexual misconduct policy is subject to action up to and including dismissal from Marquette University. The standard used to determine accountability is a preponderance of the evidence, in other words, whether it is “more likely than not” that the respondent has violated the policy.
IDENTIFYING SEXUAL MISCONDUCT
Sexual misconduct offenses prohibited by this policy include, but are not limited to, the following:
1. Non-Consensual Sexual Intercourse (or attempts to commit)
2. Non-Consensual Sexual Contact (or attempts to commit)
3. Sexual Exploitation
4. Sexual Harassment.
KEY CONCEPTS AND DEFINITIONS CENTRAL TO ALL FORMS OF SEXUAL MISCONDUCT
Marquette University does not presume a student, employee, or faculty member is in violation of university policy. A conduct hearing or investigation will be held to take into account the totality of information available, from all relevant sources. The university will determine whether the Student Conduct Code or the Employee Rules of Conduct have been violated.
Complainant refers to the individual who reported the incident of alleged sexual misconduct.
Respondent refers to the student, employee, or faculty member who allegedly violated the sexual misconduct policy and/or has been charged with a violation of the policy.
A central concept to understanding the offenses that constitute sexual misconduct under this policy is consent.
Consent is the equal approval, given freely, willingly and knowingly of each participant to desired sexual involvement. Consent is an affirmative, conscious decision - indicated clearly by words or actions – to engage in mutually accepted sexual contact. A person compelled to engage in sexual contact by force, threat of force, or coercion has not consented to contact. Lack of mutual consent is the crucial factor in any sexual assault. Consent CANNOT be given if a person’s ability to resist or consent is impaired because of a mental or physical condition or is there is incapacitation due to drugs or alcohol or if there is a significant age or perceived power differential. Providing alcohol or drugs to facilitate sexual activity is a violation of this policy. Use of alcohol or other drugs will never function to excuse behavior that violates this policy.
A person may not consent if s/he is:
• physically or psychologically pressured or forced
• impaired because of a psychological condition
• intoxicated by use of drugs or alcohol
Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Similarly, previous relationships or consent does not imply consent to future sexual activity.
The requirements of this policy apply regardless of the sexual orientation of individuals engaging in sexual activity.
Sexual misconduct includes, but is not limited to, conduct prohibited at Wisconsin Statutes. 940.225
1. NON-CONSENSUAL SEXUAL INTERCOURSE
The State of Wisconsin Statutes referenced above provide a comprehensive list of the behaviors that are considered non-consensual sexual intercourse.
2. NON-CONSENSUAL SEXUAL CONTACT
The State of Wisconsin Statutes referenced above provide a comprehensive list of the behaviors that are considered non-consensual sexual contact.
3. SEXUAL EXPLOITATION
Sexual exploitation as defined by this policy occurs when an individual takes non-consensual or abusive sexual advantage of another individual for his/her own advantage or benefit, or to benefit or advantage anyone other than the person being exploited. Examples of sexual exploitation may include, but are not limited to:
• prostituting another individual;
• recording, displaying or distributing in any way photos, video or audio of a person engaged in sexually explicit conduct without the consent of that individual;
• engaging in “Peeping Tommery,” or viewing other persons engaged in intimate behavior without their consent;
• knowingly transmitting a sexually transmitted disease.
4. SEXUAL HARASSMENT
Sexual harassment is defined 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 educational or residential experience or employment; or (2) Submission to or rejection of such conduct by an individual is used as the basis for educational, residential or employment decisions affecting such individual; or (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 academic performance or work by creating an intimidating, hostile, or offensive educational, residential, or working environment.
PROCEDURES FOR HANDLING REPORTS OF SEXUAL MISCONDUCT
All students, employees and faculty members are encouraged to report violations of this policy to the university. A student, employee, or faculty member who believes s/he or any student, employee, or faculty member is a victim of sexual misconduct is encouraged to promptly report the incident to the Department of Public Safety, Residence Hall Staff, the Office of Student Development, Student Health Services, or the Department of Human Resources. Students, employees and faculty members may also consider a direct report to the Milwaukee Police Department or contact the Aurora Sinai Medical Center’s Sexual Assault Treatment Center.
Marquette University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect individuals’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, and interim suspension from campus pending a hearing or investigation. If a complainant requests a change in academic or living arrangements, options will be discussed and all reasonable efforts will be made to accommodate the request.
The complainant will be informed of the various support services available through the university, including counseling and medical assistance. In instances of non-consensual intercourse or contact (e.g., sexual assault, rape), a Student Health Service advocate may be called. Advocates provide free support and information about medical options and procedures, including evidence collection, and assistance with reporting and referrals. The complainant can choose to use or refuse advocacy services.
All complaints are taken seriously and a student, employee, or faculty member making a good faith complaint of sexual misconduct, including third parties, will not suffer retaliation or be subject to action by the university. For example, a student bringing forth a good faith complaint of sexual misconduct where alcohol is involved will not be charged with an alcohol violation. Complaints of sexual misconduct will be treated in confidence to the extent feasible, given the need to conduct a thorough investigation and take corrective action, in compliance with state statutes. Investigations and hearings will be in accord with the student conduct procedures (see: marquette.edu/osd/policies/conduct/hearing_procedures.shtml). Investigations in which the respondent is an employee or faculty member will be in accord with the procedures set forth in the Employee Handbook (see: marquette.edu/hr/documents/employee-handbook.pdf).
Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the university reserves the right to impose differing sanctions, ranging from written warning to suspension or expulsion, depending on the severity of the offense. The university will consider the concerns and rights of both the complainant and the respondent.
RIGHTS OF STUDENTS, EMPLOYEES AND FACULTY MEMBERS
Students, employees and faculty members can anticipate that:
1. Complainants and respondents will be treated with dignity and respect and in a non-judgmental manner. Reports will be addressed as promptly and completely as feasible.
2. All students, employees and faculty members are encouraged to promptly report all violations of this policy. All reports of sexual misconduct will be treated seriously regardless of the nature of the incident and the identity of the students involved.
3. Campus and community organizations and services that can assist students, employees and faculty members will be identified.
4. A university Stay Away Directive may be filed, to ensure that the parties in the matter are not in contact with one another.
5. Complainants and respondents will be afforded the opportunity to request immediate on-campus housing relocation, transfer of classes, or other steps to prevent unnecessary or unwanted contact or proximity to an respondent when reasonably available.
6. All students, employees and faculty members have the right to an environment free from sexual or physical intimidation, or any continuing disruptive behavior, by persons sharing rooms or work spaces or their guests, that would prevent a reasonable person from attaining his/her educational or workplace goals. Disruptive behavior of this nature should be reported to appropriate university staff so it can be addressed.
7. Students, employees and faculty members (both complainants and respondents) may invite an advisor of their choice to accompany them through university conduct proceedings or investigations. See the Marquette Student Conduct Code (page 48) or the Employee Handbook regarding the specific role of advisors throughout this process.
8. Students, employees and faculty members are entitled to know all evidence and testimony being utilized in decision-making.
9. The sexual history of the complainant is not relevant to the truth of the allegation; therefore, information regarding the complainant’s sexual history other than the relationship between the complainant and the respondent will not be considered in conduct hearings or investigations.
10. Complainants and respondents will be notified in writing of the outcome of related university investigations or conduct proceedings. The complainant and the respondent must respect the privacy of all involved. Both the complainant and respondent will be informed of his/her respective right to appeal the university decision. Requests for appeals must be submitted in writing to the Office of Student Development (if a student) or the Department of Human Resources (if an employee or faculty member) within five business days from the date of the letter notifying the respondent of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive. The imposition of sanctions will normally be deferred during the pendency of appellate proceedings, at the discretion of the Dean of Students or the Affirmative Action Officer.
If you believe that you or another student has been a victim of sexual misconduct, the following resources are also available:
Additionally, the Marquette Medical Clinic and the Counseling Center, periodically and upon request, offer educational programs to promote awareness of sexual misconduct.
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