Section 4: The Rules

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Inclusivity and Human Dignity Codes

Bystanding.

    1. Complicity with or failure of any student to appropriately address known or obvious violations of the Code of Student Conduct or law;
    2. Complicity with or failure of any organized group to appropriately address known or obvious violations of the Code of Student Conduct or law by its members. 
Bullying and Cyberbullying. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.

Discrimination. Any act or failure to act that is based upon an individual or group's actual or perceived status (sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, or sexual orientation, or other protected status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the University's educational program or activities.

Harassment. Any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the victim and community.
    1. Hostile Environment. Sanctions can and will be imposed for the creation of a hostile environment only when harassment is sufficiently severe, pervasive (or persistent) and objectively offensive that it unreasonably interferes with, limits or denies the ability to participate in or benefit from Marian's educational or employment program or activities.

Hazing. Defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent and/or failing to discourage and/or failing to report those acts may also violate this policy. 

Public Exposure. Includes deliberately and publicly exposing one's intimate body parts, public urination, defecation, and public sex acts.

Retaliatory Discrimination or Harassment. Any intentional, adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant in a civil rights grievance proceeding or other protected activity under this Code.

Relationship Violence. Violence or abuse by a person in an intimate relationship with another.

Sexual Misconduct. Marian University upholds the Roman Catholic teaching on human sexuality and behavior, as well as the Human Dignity Statement, as outlined in this Student Handbook. Therefore, all acts of sexual misconduct — including forced intercourse or other unwanted contact — are strictly prohibited.  Marian University affirms the definitions of discrimination and retaliation as outlined by Title IX of the Higher Education Act of 1965, as amended and the protections against violence as defined by the Campus Sexual Violence Elimination (SaVE) Act of 2013.   Because of the nature of sexual misconduct, including respecting victim and alleged assailant rights, student violations of this policy are administered differently than other student code of conduct violations.  Please also refer to the Amnesty and Exemption Policy listed in the University Policies when considering reporting an act of Sexual Misconduct.  

Definitions of acts of sexual misconduct:

Marian University uses the following definitions of sexual misconduct:  Non-Consensual Sexual Contact and Non-Consensual Sexual Intercourse and Sexual Exploitation.  Consent is obtained through verbal assent from both parties prior to engaging in any sexual behaviors defined below.

Non-Consensual Sexual Contact is:

  • Any intentional sexual touching
  • However slight
  • With any object
  • By one person upon another person
  • That is without consent and/or by force or when one is incapacitated, meaning unable to verbalize consent (e.g. unconsciousness or apparent cognitive or physical impairment, which would include impairment due to alcohol or other drugs, that could be reasonably understood as an inability to give consent)

Sexual contact is defined as 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 OR any other intentional bodily contact of a sexual manner.

Non-Consensual Sexual Intercourse is:

  • Any sexual intercourse
  • However slight
  • With any object
  • By one person upon another person
  • That is without consent and/or by force or when one is incapacitated, meaning unable to verbalize consent (e.g. unconsciousness or apparent cognitive or physical impairment, which would include impairment due to alcohol or other drugs, that could be reasonably understood as an inability to give consent)

Sexual Intercourse is defined as 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.

Sexual Exploitation: Occurs when a person 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 one of other sexual misconduct offenses.)  Examples include, but are not limited to:

  • Invasion of sexual privacy
  • Prostituting another person
  • Non-consensual recording or broadcast of sexual activity
  • Going beyond the boundaries of consent (such as letting someone hide in the closet to watch you having consensual sex)
  • Engaging in voyeurism
  • Knowingly exposing another to an STD or HIV
  • Exposing one's genitals in non-consensual circumstances; inducing another to expose their genitals


Stalking. Stalking is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.  Stalking is prohibited.

Threatening Behaviors:

    1. Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
    2. Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.