As a Catholic institution, Marian University is rooted in respect for the inherent dignity of each person. The University fosters a campus community that is inclusive of persons of diverse backgrounds and faiths and does not tolerate discrimination in any form by any University employee or member of the student body. The following policies and procedures reflect this commitment as well as the University’s ongoing compliance with applicable federal and state laws and regulations. It is your responsibility as a member of the Marian University Community to review and abide by these policies and procedures.
1) GENERAL ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY
a) Policy Statement and Examples of Prohibited Conduct
The University does not discriminate, or tolerate discrimination by any member of its community, against any individual on the basis of race, color, religion, creed, national origin, ancestry, sex, sexual orientation, marital status, age, disability, or any other factor prohibited by law in matters of admissions, employment, or services or in the educational programs or activities it operates.
Harassment, whether verbal, physical or visual, that is based on any of these characteristics, is a form of discrimination. This includes harassing conduct affecting tangible job or educational benefits, interfering unreasonably with an individual's academic or work performance, or creating what a reasonable person would perceive is an intimidating, hostile or offensive environment.
Additional information regarding the University’s prohibitions against disability discrimination and sex discrimination (including sexual harassment, sexual assault, and sexual violence) is set forth below.
While the University is committed to the principles of free inquiry and free expression, discrimination, harassment, and retaliation identified in this policy are neither legally protected expression nor the proper exercise of academic freedom.
Examples of discrimination and harassment may include, but are not limited to:
• Refusing to hire or promote someone because of the person's protected status;
• Demoting or terminating someone because of the person's protected status;
• Jokes or epithets about another person's protected status;
• Teasing or practical jokes directed at a person based on his or her protected status;
• The display or circulation of written materials or pictures that degrade a person or group; and
• Verbal abuse or insults about, directed at, or made in the presence of an individual or group of individuals in a protected group.
The University prohibits retaliation against anyone for registering a complaint pursuant to this Policy, assisting another in making a complaint, or participating in an investigation under this Policy or engaging in any other form of protected conduct. Anyone experiencing any conduct that he or she believes to be retaliatory should immediately report it to one of the individuals listed below.
Procedure – Reporting Discrimination (University Policies & Procedures Handbook)
In the event an employee feels that he or she has been discriminated against by any action prohibited under the University’s non-discrimination policy, he or she may seek the assistance of the Director of Human Resources. It is hoped that informal discussions will resolve any problems before a formal written complaint is submitted.
Complaints may be oral or written, but must contain enough detail to allow the University to properly investigate all reports. Complaints will be investigated promptly and thoroughly. An employee may contact the Director of Human Resources without fear of retaliation regarding his or her employment status. The right of confidentiality for all parties involved will be respected insofar as it does not interfere with the University’s obligation to investigate the complaint and to take corrective action where appropriate. All steps will be taken to protect the reputation of all parties involved.
Procedure – Reporting Harassment/Sexual Harassment (University Policies & Procedures Handbook)
All employees and students have a duty and a right to notify the Director of Human Resources, the Dean of Student Engagement, any supervisor, executive officer, or the President of the University of the occurrence of any conduct prohibited by the harassment or sexual harassment policy.
Complaints may be oral or written, but must contain enough detail to allow the University to properly investigate all reports.
The complaint should include the following information:
• Details concerning the incident(s) or conduct giving rise to the complaint.
• Dates and location of incident(s).
• Any witnesses to the alleged incident(s) or conduct.
• Actions(s) requested to resolve the complaint.
Complaints will be investigated promptly and thoroughly. Depending on the nature of the alleged harassment, interim measures may be taken, including temporary reassignments or separating the alleged harasser and employee filing the complaint.
An employee may contact the Director of Human Resources, any supervisor, executive officer or the President of the University without fear of retaliation regarding his or her employment status. The right of confidentiality for all parties involved will be respected insofar as it does not interfere with the University’s obligation to investigate the allegation and to take corrective action where appropriate. All steps will be taken to protect the reputation of all parties involved.
All reports describing conduct prohibited by this Policy will be promptly and thoroughly investigated. If a report or complaint of discrimination, harassment, sexual harassment, or sexual violence is found to be substantiated, appropriate corrective action will follow, up to and including separation of the offending party from the University, consistent with applicable procedure.
Complaints about violations of this policy will be handled confidentially to the greatest extent practicable under the circumstances, with facts made available only to those who need to know in order to investigate and resolve the matter.
2) ADA/SECTION 504 REASONABLE ACCOMMODATIONS POLICY
The University does not discriminate against individuals on the basis of disability. To ensure equal access to its programs and activities, the University is committed to providing reasonable accommodations, including appropriate auxiliary aids and services, academic adjustments (inside or outside the classroom), and/or modification to the University’s policies and procedures, to qualified individuals with disabilities, unless providing such accommodations would result in an undue burden or fundamentally alter the nature of the relevant program or activity. The University’s ADA/504 Coordinator is responsible for determining appropriate accommodations. See Addendum A for contact information.
Applicants for admission to the University or current students requesting an accommodation must complete Student Request for Accommodation and Student Authorization for Disclosure of Medical Information forms and have his or her health-care provider complete a Provider Certification of Disability and Recommendations for Accommodation form. Copies of these forms may be obtained by clicking on the links provided or from the University’s ADA/504 Coordinator. The University may request only medical information that is relevant and reasonably necessary to determine whether an individual is disabled, the nature and extent of the disability, and appropriate reasonable accommodations. Completed forms and supporting documentation must be submitted to the University’s ADA/504 Coordinator. To enable the University to evaluate an individual’s needs, engage in an interactive process with him or her, and provide appropriate reasonable accommodations in a timely fashion, the University requests that individuals complete and submit the required forms and supporting documentation at least six (6) weeks before the first day of classes, or as soon as practicable under the circumstances.
The University will make its accommodation determination on an individualized, case-by-case basis with input from the individual requesting accommodation, the University’s ADA/504 Coordinator, and faculty and administrators, as necessary. Except in unusual cases, the University will reach a determination regarding an individual’s request for accommodation and notify the individual in writing of the determination within three (3) weeks of his or her properly submitted request. In the event requested accommodations have been denied, the University’s determination letter will inform the individual of the reason(s) and of his or her right to appeal the University’s determination, as set forth below.
The University’s ADA/504 Coordinator will maintain a confidential file regarding all requests for accommodation containing the forms and supporting documentation submitted by the applicant or student, any relevant communications (including notes of oral communications) between the individual and the University, the determination letter from the University to the individual, and the reason(s) for any denials.
Any disagreements between an individual requesting accommodation and the University’s ADA/504 Coordinator regarding appropriate accommodations and/or any allegations of violations of this policy may be raised under the University’s Anti-Discrimination Policy or Student Grievance Policy.
3) TITLE IX POLICY AND PROCEDURES
Applicable Federal Law
This policy addresses the requirements of Title IX of the Education Amendments of 1972 (“Title IX”), which is a federal law that prohibits sex discrimination in federally funded education programs and activities. Title IX states as follows:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
• “Sex Discrimination” refers to discrimination based on sex, including Sexual Harassment, Sexual Assault and Sexual Violence, and discrimination on the basis of sex in areas including admissions, educational programs or activities, housing, athletics, counseling services, and guidance services.
• “Sexual Harassment” refers to unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature when:
o Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, status in an academic course or program, or participation in an activity.
o Submission to, or rejection of such conduct by an individual is used as a basis for a decision affecting the individual’s employment, status in an academic course or program, or participation in an activity, or
o Such conduct is intended to or would objectively be regarded by a reasonable person as (1) unreasonably interfering with the individual’s work, academic performance, or participation in an activity, or (2) creating an intimidating, hostile, or offensive working or educational environment.
Depending on the circumstances, sexual harassment may include, but is not limited to, the following:
• Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, molestation, or attempts to commit these acts;
• Intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body;
• Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct;
• Threatening or taking a negative employment action (such as termination, demotion, denial of an employee benefit or privilege, or change in working conditions) or negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's job or academic work more difficult because sexual conduct is rejected;
• The use or display in the classroom or workplace, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification; and
• Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person's sexuality or sexual experience.
• “Sexual assault and sexual violence” refers to sexual harassment that includes physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent.
a) Policy Statement
It is the policy of the University to provide an educational, employment, and business environment free of all forms of Sex Discrimination. The sexual harassment of University students, faculty, and staff by non-University employees and guests doing business or providing services on campus (e.g., contractors and vendors) also is prohibited by this policy. This policy applies to all University students, faculty, and staff, to other members of the Marian University Community, and to contractors, consultants, and vendors doing business or providing services to the University.
b) Title IX Coordinators
Any inquiries regarding Title IX or this policy should be directed to one or more of the Title IX Coordinators listed in Addendum A. Coordinators will be available to meet with students regarding issues relating to Title IX and this policy. The Title IX Coordinators will not be permitted to have other job responsibilities that, in the judgment of the University, create a conflict of interest.
The Lead Title IX Coordinator is responsible for implementing and monitoring Title IX Compliance on behalf of the University. This includes coordination of training, education, communications, and administration of grievance procedures for the handling of complaints alleging violations of this policy.
The Deputy Title IX Coordinators are responsible for implementing and monitoring Title IX compliance at the University and for notifying the Lead Title IX Coordinator of any alleged or suspected violations of this policy and the resolution of such alleged or suspected violations, regardless of whether a complaint is filed.
Students, faculty, and staff who have a complaint against a student, faculty, staff member, or other individual involving allegations of Sex Discrimination should contact either of the Deputy Title IX
Coordinators. In addition to contacting a Deputy Title IX Coordinator, individuals who have experienced a sexual assault or other act of sexual violence may contact proper law enforcement authorities, including local police and any law enforcement officials at the school. The Deputy Title IX Coordinator is available to assist such individuals in making contact with appropriate law enforcement authorities upon request.
c) Alleged or Suspected Violations of this Policy
Marian University is committed to investigating all possible violations of this policy about which the school knows regardless of whether a complaint alleging a violation of this policy has been filed and regardless of where the conduct at issue occurred. The University’s ability to investigate in a particular situation, or the extent of the investigation in any given situation, may be affected by any number of factors, including whether the complainant is willing to file a complaint or to consent to an investigation, the location where the alleged conduct occurred, the timeliness of the complaint and the University’s access to information relevant to the alleged or suspected violation of this policy. The University is nonetheless committed to investigating all alleged and suspected violations of this policy to the fullest extent possible under the circumstances.
Reporting Alleged Violations of this Policy; Investigation
As noted above, a student, faculty member, or staff member who has a complaint against a student, faculty, staff member, or other individual involving allegations of sex discrimination or sexual harassment should contact the Deputy Title IX Coordinator. Although there is no specific time limit for reporting a suspected violation of this policy, an employee or student who believes that he or she has been subjected to conduct that violates this policy is encouraged to contact the relevant Deputy Title IX Coordinator as soon as possible after the alleged act of Sex Discrimination or retaliation to discuss the available options for proceeding. If the Deputy Title IX Coordinator receives a report of a sexual assault or other act of sexual violence, the Coordinator will contact the local law enforcement agency with jurisdiction over the University. The report to law enforcement is made in compliance with Section 940.34 Wis. Stats., which states, in part: “Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.” The victim of sexual violence also may choose to file a criminal complaint against the alleged perpetrator. Any pending criminal investigation or criminal proceeding may have some impact on the timing of the University’s investigation, but the University will commence its own investigation as soon as is practicable under the circumstances. The University reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.
The relevant Deputy Title IX Coordinator (or his or her designee) will conduct an investigation either alone or with one or more other school officials as deemed appropriate by the school. The investigation will be completed within sixty (60) days of the filing of a complaint or the date on which the University becomes aware of a suspected violation of this policy unless the school determines in its discretion that more time is required to complete the investigation. As part of the investigation, the Deputy Title IX Coordinator (or designee) may seek to interview the complainant and the accused. To help ensure a prompt and thorough investigation, complainants are encouraged to provide as much of the following information as possible:
• The name, department, and position of the person or persons allegedly causing the sex discrimination, sexual harassment, sexual misconduct or retaliation.
• A description of any relevant incident(s), including the date(s), location(s), and the presence of any witnesses.
• The alleged effect of the incident(s) on the complainant’s academic standing, educational benefits or opportunities, position of employment, salary, employee benefits, promotional opportunities, or other terms or conditions of employment.
• The names of other students or employees who might have been subject to the same or similar sex discrimination, sexual harassment, or retaliation.
• Any steps the complainant has taken to try to stop the discrimination, harassment, or retaliation.
• Any other information the complainant believes to be relevant to the alleged discrimination, harassment, or retaliation.
The accused also is encouraged to provide as much information as possible in connection with the investigation.
The University reserves the right to suspend or place on immediate administrative leave any member of the campus community accused of violating this policy, or to take any other interim measures the University deems appropriate, pending the outcome of an investigation and/or disciplinary proceedings. Such interim measures can include, but are not limited to, placing an employee on paid or unpaid administrative leave, removing a student from campus housing and/or current classes, modifying course schedules, and issuing a “no contact” order.
Prohibition Against Retaliation
No individual who makes a complaint alleging a violation of this policy or who participates in the investigation or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation. Retaliation exists when action is taken against a complainant or participant in the complaint process that (i) adversely affects the individual’s employment or academic status; and (ii) is motivated in whole or in part by the individual’s participation in the complaint process. Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including expulsion/dismissal for students and termination/dismissal for faculty and staff.
To the extent permitted by law, the confidentiality of all parties involved in the resolution of alleged or suspected violations of this policy will be observed, provided that it does not interfere with the University’s ability to conduct an investigation and take any corrective action deemed appropriate.
d) Grievance Procedures
All incidents of Sex Discrimination, as well as any acts of prohibited retaliation, should be reported as outlined above. The University will promptly and equitably investigate and resolve all suspected or alleged violations of this policy. The University also reserves the right to take steps to protect the complainant as deemed necessary during the pendency of the investigation and resolution process (e.g., allowing for a change in academic situation, issuing a “no contact” order to the accused, etc.). Any such interim steps will be taken in a manner that minimizes the burden on the complainant to the extent possible.
Informal Resolution Process
Some allegations of Sex Discrimination may be resolved using an informal resolution process overseen by one or more school representatives if (i) the University determines, in its discretion, that such a process would be appropriate; and (ii) both the complainant and accused agree to participate. The parties to any such informal process will not be required to deal directly with one another. Instead, one or more University representatives may arrange for or facilitate mediation between the involved parties and coordinate other informal resolution measures. Either the complainant or the accused may request that the informal resolution process be terminated at any time, in which case the formal resolution process (described below) would commence.
Allegations of sexual assault or sexual violence may not be resolved using an informal resolution process, including mediation.
The informal resolution process typically includes the following elements, which may be modified to fit the circumstances of a particular case:
• Although there is no specific time limit for reporting a suspected violation of this policy, an employee or student who believes that he or she has been subjected to conduct that violates this policy is encouraged to contact the Lead or Deputy Title IX Coordinator as soon as possible after the alleged act of discrimination, harassment, or retaliation occurs in order to discuss the available options for proceeding.
• The relevant Deputy Title IX Coordinator (or his or her designee) will conduct an investigation either alone or with one or more other school officials as deemed appropriate by the University. The investigation will be completed within sixty (60) days of the filing of a complaint or of the date on which the University becomes aware of a suspected violation of this policy unless the University determines that more time is required to complete the investigation.
• Within seven (7) days of the conclusion of the investigation, both the complainant and the accused will be informed in writing of the outcome of the investigation, including whether there has been a determination that this policy has been violated. This written notice will be issued concurrently to the complainant and the accused.
• If there is a finding that this policy has been violated, the University will take appropriate corrective action to eliminate the policy violation, prevent the recurrence of the violation, and address the effects of the violation.
• If either the complainant or the accused is dissatisfied with the outcome of the informal resolution process, the party may institute the formal resolution process described below within seven (7) days of receiving written notice of the outcome of the informal resolution process.
Formal Resolution Process
The formal resolution process applies (i) when either the complainant or the alleged perpetrator so requests in connection with a matter that is eligible for informal resolution; and (ii) to all matters that are not eligible for informal resolution (i.e., matters involving alleged or suspected sexual assault or sexual violence). The University also may elect to use the formal resolution process in any matter when the University deems it appropriate. The formal resolution process may vary depending on whether the alleged perpetrator is a student, faculty member, or staff member. If the alleged perpetrator is a student, the matter will be resolved in accordance (i) with the provisions of the any applicable Student Code of Conduct Policy (or other comparable policy); and (ii) with the additional procedural protections set forth below. If the alleged perpetrator is a faculty member or staff member, the matter will be resolved in accordance (i) with any applicable policies or procedures governing disciplinary action against faculty and staff and; (ii) with the additional procedural protections set forth below, to the extent these additional provisions are applicable to matters involving faculty members and staff.
Additional procedural protections include the following:
• Standard for Determining Responsibility. The standard used to determine whether this policy has been violated is whether it is more likely than not that the accused violated this policy. This is often referred to as a “preponderance of the evidence” standard.
• Rights of Complainants and Accused Parties; Timing of Resolution. Complainants and accused parties shall be provided with the following in connection with any hearing or other proceeding used to reach a decision regarding whether any violation of this policy has occurred. The following items are not required in connection with any interviews or other meetings that are part of the investigation process but, rather, are required only in connection with a hearing or other proceeding convened for the purpose of determining whether a violation of this policy has occurred (whether before a committee, hearing panel, hearing board, or individual University representative). The University will endeavor to conclude any hearing or other proceeding and notify the parties of the outcome within thirty (30) days after the formal resolution process commences unless the University determines that more time is required.
Rights of Complainants
o The opportunity to speak on one’s own behalf.
o The opportunity to be accompanied by a non-attorney advisor or support person from the campus community.
o The opportunity to present witnesses who can speak about the alleged conduct at issue.
o The opportunity to present other evidence on one’s own behalf.
o The opportunity to attend the entire hearing or other proceeding, except for the deliberation phase.
o The opportunity to testify on one’s own behalf.
o The opportunity to review any information that will be offered by the alleged perpetrator at a hearing or proceeding prior to the time that it is offered (to the greatest extent possible and consistent with FERPA or other applicable law).
o The right to be informed of the outcome of the hearing or other proceeding.
o The opportunity to appeal the outcome of the hearing or other proceeding.
Rights of Accused Parties
o The right to a written explanation of the alleged violations of this policy;
o The opportunity to speak on one’s own behalf;
o The opportunity to be accompanied by a non-attorney advisor or support person from the campus community;
o The opportunity to present witnesses who can speak about the alleged conduct at issue;
o The opportunity to present other evidence on one’s own behalf;
o The opportunity to attend the entire hearing or other proceeding, except for the deliberation phase;
o The opportunity to testify on one’s own behalf;
o The opportunity to review any information that will be offered by the complainant at a hearing or proceeding prior to the time that it is offered (to the greatest extent possible and consistent with FERPA or other applicable law).
o The right to be informed of the outcome of the hearing or other proceeding; and
o The opportunity to appeal the outcome of the hearing or other proceeding.
• Sanctions; Corrective Actions. The University will take reasonable steps to prevent the recurrence of Sex Discrimination and to correct the discriminatory effects on the complainant (and others, if appropriate). Examples of the range of potential sanctions/corrective actions are referred to in the Student Code of Conduct Policy and any related policies set forth in the University’s catalog or Student Handbook. The University also may take any other corrective action that it deems appropriate under the circumstances. Disciplinary Actions for Violations of this Policy; Other Corrective Actions
Employees and/or Students who are found to have violated this policy will be subject to disciplinary action, up to and including expulsion or dismissal in accordance (i) with the provisions of the any applicable Student Code of Conduct (or other comparable policy); and (ii) with the additional provisions set forth in the “Grievance Procedures” section of this policy. Faculty and staff who are found to have violated this policy will be subject to disciplinary action, up to and including discharge or termination in accordance (i) with any applicable policies or procedures governing disciplinary action against faculty and staff and; (ii) with the additional provisions set forth in the “Grievance Procedures” section of this policy, to the extent these additional provisions are applicable. Guests and other third parties who are found to have violated this policy will be subject to corrective action deemed appropriate by the University, which may include removal from the campus(es) and termination of any applicable contractual or other arrangements. In instances where the University is unable to take disciplinary action in response to a violation of this policy because a complainant insists on confidentiality or for some other reason, the University will nonetheless pursue other steps to limit the effects of the conduct at issue and prevent its recurrence.
• Notification of Outcome; Results of Hearings/Proceedings. After the conclusion of the hearing or other proceeding, the University will provide written notification to the complainant party and the alleged perpetrator involved of the outcome (i.e., whether a violation of this policy has occurred) within seven (7) calendar days after the conclusion of any hearing or proceeding, unless the school determines that additional time is required. This notice shall be issued contemporaneously to both parties to the extent practicable. The University also may disclose to the complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order). In no event will the complainant be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome. The University will maintain documentation of all hearings or other proceedings, which can take various forms (e.g., notes, written findings of fact, transcripts, or audio recordings, etc.).
• Right to Appeal. Once written notification of the resolution has been provided, either the complainant or the alleged perpetrator will have the opportunity to appeal the outcome, including the issue of whether there is a policy violation and any sanction(s) imposed. Any appeal must be submitted in writing to the relevant Deputy Title IX Coordinator within seven (7) calendar days of being notified of the outcome and must set forth the grounds upon which the appeal is based. Appeals will be resolved in accordance with any applicable procedures found in the Student Code of Conduct Policy or other applicable procedure regarding disciplinary actions taken against faculty and staff members. Absent an otherwise applicable appeal procedure, a designated University representative shall resolve the appeal. Neither the complainant nor the alleged perpetrator will be entitled to a hearing in connection with any appeal, but the University may request written submissions from either party or consider any other information as deemed appropriate by the school. Both parties will be informed in writing of the outcome of any appeal within fourteen (14) days of the date by which all requested information is received unless the school determines that additional time is required.
Policy developed by Marian University in consultation with legal counsel (September 2012 –September 2013) Reviewed and Endorsed by Cabinet (Insert Date) Approved by Board of Trustees (Insert Date)
POLICY AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION ADDENDUM A
Kate Candee Vice President for Student Engagement Room A108 firstname.lastname@example.org Phone: 920-923-8727
Title IX Coordinators
Title IX Coordinator Kate Candee Vice President for Student Engagement Room A108 email@example.com Phone: 920-923-8727
Deputy Title IX Coordinators Paul Krikau Dean of Students Room A105 - Student Life firstname.lastname@example.org Phone: 920-923-7621
Amanda Duval Director of Human Resources 18 S. National – Upper email@example.com Phone: 920-923-8082