Marian University’s Student Code of Conduct is put in place to help students choose appropriate behaviors that will aid them in succeeding in their academic and social endeavors while on campus. Students engaging in behaviors that are violations of the Marian University Code of Conduct while off campus may be referred through the student conduct process, should University officials become aware of the violations. Violations of the Code of Conduct are adjudicated through the Office of Student Engagement using the Student Conduct Process.

Alcohol

Marian University takes a firm position against the abuse of alcohol by all students and guests, as well as the use, possession, or being in the presence of alcohol by underage students. The University will take action if an individual’s behavior is inappropriate due to the illegal possession or consumption of alcohol. The University recognizes that there are legal uses of alcohol (i.e. by individuals who are or over the age of 21) and uses that violate University policy (i.e. because of when or how the use occurred on campus or at University-sponsored events). Consumption of alcohol by underage individuals on campus and in campus housing facilities is not tolerated, may be reported to law enforcement, and will subject students who consume or provide the alcohol to conduct review and sanctioning.

  1. Individuals prohibited from the consumption or possession of alcohol, as defined by Wisconsin law, cannot consume or possess alcohol while at Marian University or University sponsored events. This restriction also applies to the individuals’ guests, regardless of age, as it pertains to the presence of alcohol in the residence facilities.
  2. Individuals who are under the age of 21 in the presence of alcohol will be considered in violation of the Marian University Alcohol Policy, which may include a violation of the Complicity Policy (see page 41 of the Student Handbook).
  3. Individuals, parents, and/or members of organizations who are 21 or older must refrain from sharing, giving, purchasing, serving, or encouraging the consumption of alcohol by anyone less than 21 years of age. Those who violate this policy will be subject to the University’s disciplinary proceedings and/or civil proceedings.
  4. Individuals who provide alcohol or participate in functions where alcohol is served are responsible for the safety and welfare of their University peers and/or guests who are consuming alcohol.
  5. Social events where alcohol is served must be served by a contracted, professional bartender.
  6. Inappropriate behavior resulting from the consumption of alcohol (i.e. public intoxication) will result in disciplinary action against the student and/or organization (see page 52 of the Student Handbook).
  7. Creating, offering, or engaging in drinking games or other behaviors designed for the purpose of rapid and/or excessive consumption of alcohol is prohibited. At no time should activities that encourage excessive drinking or lead to the endangerment of the individuals take place in the residence facilities or on University property.
  8. Kegs or similar containers of alcohol (including beer bongs, coolers, Rubbermaid containers, and other large volume containers) are not permitted on campus at any time unless approved by the Dean of Student Engagement.
  9. Bars or any bar-type structures are not permitted in any residence facility.
  10. Open containers of alcohol (including, but not limited to: bottle, can, cup, case, or box) in public areas are strictly prohibited. Violations of this policy will be reported to law enforcement officials and/or be handled through the Student Conduct Process (see page 52 of the Student Handbook).

Housing classification pertaining to alcohol

  • WET: A “wet” housing unit contains residents who are all 21 years of age or older.
  • DAMP: A “damp” housing unit contains at least one resident of age 21 or older. Alcohol is allowed in the common area (one open alcoholic beverage per individual aged 21 or older). Individual rooms where residents are underage are considered substance-free areas.
  • DRY: A “dry” housing unit contains residents who are all younger than 21 or who choose to live in an alcohol-free environment. Alcohol is prohibited in these designated areas.

Bicycles and Mopeds

Bicycle or moped riding is not permitted inside any University building. Personal bicycles may be stored in the student’s room or in the outdoor bicycle racks located throughout the campus. Bicycles or mopeds may not be kept in unauthorized storage rooms, hallways, or stairwells at any time. Mopeds are not permitted on University sidewalks.

Complicity

Every student is encouraged to act in a way that fosters community on campus and every student shares responsibility for risk management by immediately reporting violations. A student who assists another student, individual, or group in committing or attempting to commit a policy violation shall be complicit in that violation. If a student enters a room, unit, facility, or area (hereafter referred to as a “room”) where a policy violation is occurring or a violation is initiated in a room in which he/she is present, the student is expected to do one or more of the following:

  1. Personally confront and stop the violation, except in cases of violence.
  2. Bring the violation to the awareness of University personnel.
  3. Leave the scene of the violation, if not responsible for the space in which the violation is occurring.

Otherwise, by choosing to remain in the room, the student assumes responsibility for all items and behavior in that room, regardless of his/her participation, unless it can be clearly demonstrated that the student had no knowledge of the incident.

Computing and Networks Acceptable Use

Marian University’s Information Technology (IT) resources are intended to support the educational, administrative, and campus life activities of the University. The use of these resources is a privilege extended to members of the Marian community who are expected to act in a responsible, ethical, and legal manner. In general, acceptable use entails behavior that respects the rights of others, does not compromise the security or integrity of IT resources, and complies with all applicable laws and license agreements.

This policy applies to all users of IT resources owned or managed by Marian University. IT resources include all University owned, licensed, or managed hardware and software, as well as the University network, the means of connecting or the locale from which the connection is made. The University respects the privacy of members of its community on campus and does not routinely monitor a user’s files or electronic communication. The University maintains the right to access, monitor, and disclose the contents and activity of any member’s account(s) and to access any University owned technology resources and any privately owned technology resources connected to the University network. This action may be taken if the Dean of Student Engagement (or designee) determines that there is sufficient evidence to expect that the content or activity is inconsistent with the Mission and Core Values of Marian University by containing material in violation of University policy or law (i.e. child pornography, use of copyrighted material, software used in violation of licensing agreements, harassment of any kind, theft, unauthorized access). Students who violate the Acceptable Use Policy will be subject to suspension or revocation of computer and/or network access privileges. The full text of the Marian University Information Technology Acceptable Use Policy is available via MyMarian, in the Information Technology Services section of the Offices tab.

Disorderly Conduct

Students are expected to abide by a basic code of conduct respecting the rights and dignity of each individual. Fighting, harassment, intimidation, verbal or physical abuse, disruption of the academic process (activities that occur in or out of the classroom), and/or defamation of character (written or verbal) is not permitted. Safety prohibits throwing objects at or from residence facilities or at individuals with harmful intent. Any unwanted physical or verbal contact that could be construed as threatening to an employee of Marian University (University officials or designated agents acting in the performance of their duties, including Resident Assistants and Marian University Safety Officers) is strictly prohibited.

Drug Use or Abuse

Marian University takes a firm position against the possession, use, and abuse of illegal drugs. The University will take action if an individual’s behavior is inappropriate due to the possession or use of illegal drugs.

  1. The illegal possession of drugs or identified paraphernalia, in accordance with state and federal laws, is strictly prohibited.
  2. Any prescription drug not found in its original container with the individual’s name is strictly prohibited.
  3. University personnel descriptions of a student whose self or clothing carries a distinct odor of a drug (i.e. marijuana) may be considered evidence in a conduct hearing.
  4. Violations of this policy will be reported to law enforcement officials and/or be handled through the Student Conduct Process (see page 52 of the Student Handbook).

Elevators

Misuse, abuse, or damage to elevators is prohibited.

False Information

Students may not knowingly withhold information pertinent to University policies or furnish false or misleading information to University or law enforcement officials. Other actions or behaviors noted as a violation of this policy include: possession of a false ID, using a false ID to obtain University services, using a false ID to obtain alcohol, and failure to provide identification when requested to do so by a University official.

Fireworks

The use, possession, or lighting of fireworks on the Marian University campus is strictly prohibited.

Fountains and Creeks

Students are prohibited from entering or tampering with the fountains and creeks on campus. A $100 fine will be assessed for violators.

Gambling

Gambling for money or other items of value is prohibited except as permitted by law.

Harassment

Verbal, written, or physical conduct directed at any person or group based on color, race, nationality, ethnicity, gender, or sexual orientation where the offensive behavior is intimidating, annoying, hostile, or demeaning, or which could or does result in mental, emotional, or physical discomfort, embarrassment, ridicule, or harm is strictly prohibited. Harassment directed at any person or group based on color, race, nationality, ethnicity, gender, or sexual orientation may be considered a hate crime and reported to the police. Marian University affirms the definitions of discrimination and harassment and the protections against retaliation as outlined by Title IX of the Higher Education Act of 1965 as amended. Please refer to the Amnesty Policy listed in the University Policies when considering reporting an act of harassment.

Hazing

Hazing of any sort is strictly prohibited. Any forced or required intentional or negligent action, situation, or activity that recklessly places any person at risk of personal injury, mental distress, or personal indignity, or that requires or encourages violation of any federal, state, or local law or University policy for the purpose of initiation into, or affiliation with, any organization affiliated with Marian University is considered hazing, regardless of the willingness of the participant.

Such prohibited actions, situations, and activities include, but are not limited to:

  1. Any physical brutality, such as whipping, paddling, beating, branding, or calisthenics.
  2. Not permitting new members to talk for extended periods of time.
  3. Excessive exposure to the weather.
  4. Forced consumption of any food, alcohol, drug, or other substance.
  5. Forced theft of any property.
  6. Any activity or situation that would subject an individual to extreme mental or physical stress, such as permitting less than six hours of continuous, uninterrupted sleep per night, or forced extended exclusion from social contact.
  7. Forced conduct that could result in extreme embarrassment, such as nudity or sexual behavior.
  8. Running personal errands for others, such as driving them to class, cleaning individual rooms, or washing cars.
  9. “Road trips” (dropping someone off to find their way back) or “kidnaps.”
  10. “Line-ups,” including, but not limited to, any activity in which individuals are forced to answer questions or endure personal indignity.
  11. Forcing, requiring, or encouraging the violation of any University policy or local, state, or federal law.

As part of their registration with any athletic team or student organization, all new members must read the Marian University Anti-Hazing Policy (available in the Office of Student Engagement) and are encouraged to anonymously report any incident of hazing to the Dean of Student Engagement or Vice President for Mission and Student Engagement. All members of any athletic team or student organization at Marian University are required to uphold the principles outlined in this policy. Failure to do so will result in disciplinary action for the group and/or individual.

ID Cards

The Office of Business and Finance issues University ID cards to all members of the University community. Students are required to carry their ID card with them at all times while on campus and may be required to present these cards on designated occasions. As such, transferring an ID to another person, including other Marian students, is not permitted. The ID card holds the food service and library bar code. Students are required to keep their ID card throughout their academic career; ID cards are not re-issued at the start of each new academic year. Students are required to update their ID card each academic year with a validation sticker obtained from One-Stop. A $15 cash fee is charged for replacement of a lost card, even if the original ID card has been found. The University is not responsible for any loss or expense resulting from the loss, theft, or misuse of card. Once reported to One-Stop as being lost or stolen, the ID card will be deactivated.

Indecent Exposure and Public Urination

Indecent exposure and public urination are strictly prohibited on the grounds of Marian University.

Non-Compliance

It is expected that University personnel are treated with respect and that students respond cooperatively to all requests made by personnel. Interfering with personnel performing their job duties is considered a serious policy violation. If a student has a concern about personnel’s performance or questions the instructions they have given, the student should talk with the individual or his/her immediate supervisor to resolve the matter. In the case of student conduct confrontations, students are expected to be cooperative, honest, and comply with the directions or requests of University personnel. Students who have questions or concerns may follow up at a later time, but it is not acceptable to argue, debate, or prolong discussion during the time of the interaction/confrontation. Students who are non-compliant are subject to University disciplinary proceedings.

Physical Violence

Physical violence is defined as any physical contact with another person that causes that person harm, intends to cause that person harm, or can reasonably be viewed by the person as a source of harm, regardless of whether the behavior was deliberate or whether the potential outcome was intended. Physical violence can be direct (i.e. striking, shoving, or kicking another) or indirect (i.e. hitting a person with anything thrown or propelled, including objects thrown from a window or structure). Physical violence is prohibited.

Pornography and Profanity

Marian University is committed to upholding the Human Dignity Statement (see page 9 in the Student Handbook). Any materials containing pornography or profanity that are located in a common area or an area visible by the public are prohibited and will be removed by Residence Life staff. Any signs, posters, pictures, or messages visible outside a room or window that are found to be offensive, objectionable, or questionable to another person must be removed. This includes the outside of the room door, items visible through the window, and items visible to passersby when the door is open. An agreement will be reached between roommates as to what materials are acceptable to be displayed in the room, including internet sites.

Relationship Violence

Relationship violence is acts of violence between those in an intimate relationship to each other.   Relationship violence, domestic or dating, is prohibited.

Respect for Oneself, Others, and the Community

In accordance with Marian University’s Core Values and Human Dignity Statement, the University expects each individual to respect human dignity on all levels. This includes respect for oneself, others, property, authority, and the community.

Restrooms

Individuals are prohibited from entering restrooms designated for the opposite sex.

Sales and Solicitation

Any outside individual or group soliciting, canvassing, disseminating literature, or wishing to use the University as a public forum must receive advance written permission from the Office of Student Engagement. Any violation of public order by the guest(s) will result in withdrawal of the invitation and/or removal of the guest(s).

Sales Events

Officially recognized organizations, departments, and offices may sponsor sales events by completing the Facilities Reservation Form. Vendors may not sell on campus without organization sponsorship and without giving a portion of their sales to the sponsoring organization. Sales are limited to two days. Organizations that wish to sponsor a sales event beyond this time limit must submit a formal request to the Office of Student Engagement prior to the sales activity date. Groups are expected to comply with all state and federal laws regarding sales, solicitation, and health and safety codes.

Food Sales

Any food or beverage sales must comply with the contracted agreement with Sodexo Food Services and the Food Handling and Sanitation guidelines as specified by the Food and Drug Administration. To ensure the health and safety of the Marian University community during food sales, it is essential that the following guidelines be adhered to:

  1. Obtain permission to hold the food sale from the Sodexo Executive Chef.
  2. Wash hands with soap and water before preparing, handling, or selling food.
  3. Wash hands immediately after the use of restroom facilities.
  4. Use clean plastic gloves at all times when preparing, handling, or serving food.
  5. Change plastic gloves frequently. Each group is responsible for providing plastic gloves for its food sale.
  6. A minimum of two people is required – money handlers should only handle money; food handlers should only handle food. Do not mix these jobs.
  7. Use serving utensils to avoid direct contact with food.
  8. Only those free from illness should be preparing, handling, or serving food.
  9. Ensure the serving area is clean at all times during the sale. It is the responsibility of the group conducting the food sale to clean up the area when the food sale has concluded.
  10. Food may not be prepared on site that may pose either a serious health or safety concern. Restricted appliances are at the discretion of the University and include, but are not limited to: deep fryers, open griddles, hot plates, or chafing dishes that are heated with an open flame. Any non-restricted appliances used must be in good working order (i.e. without frayed cords) and must be requested from Campus Services on the Facilities Reservation Form.

When serving hot, precooked meat products, extreme care must be taken to ensure that the product is maintained at the correct temperature. When submitting a Facilities Reservation Form to schedule a fundraising food sale, please indicate the intended product(s) to be sold. This form can be found at One-Stop and submitted to Campus Services for approval.

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 refer to the Amnesty 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: nonconsensual sexual contact, non-consensual sexual intercourse, and sexual exploitation.

Non-consensual sexual contact is:

  • Any intentional sexual touching, however slight, with any object, by one person upon another person, without consent and/or by force. 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 intentional sexual touching, however slight, with any object, by one person upon another person, without consent and/or by force.

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 (i.e. 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 or inducing another to expose their genitals.

Skating

Rollerblading or skateboarding in University buildings is not permitted. Students should be considerate of others when using these items outside on University grounds. Skateboarding is prohibited in posted areas on University grounds.

Social Media

Students, alumni, and employees of Marian University are encouraged to stay connected through the use of social media. In collaboration with Marian University’s Computing and Networks Acceptable Use Policy and the Student Code of Conduct, the below policy outlines the expectations of students, faculty, staff, and alumni of Marian University when using social media outlets, including, but not limited to: Facebook, Twitter, and YouTube.

This policy states:

  • Officially-recognized Marian University social media accounts and web pages will be reviewed, approved, and monitored by the Office of University Relations. Marian University reserves the right to delete comments that do not adhere to Marian’s policies.
  • Maintain confidentiality and privacy of the Marian community. Do not post confidential or proprietary information about Marian University, its students, its alumni, or its employees, especially as it pertains to FERPA, HIPAA, and other state and federal laws and University procedures.
  • Do not use the Marian University logo, athletic logo, or any other Marian marks or images on personal online sites.
  • Do not use Marian’s name to promote or endorse any product, cause, or political party or candidate. Refrain from using the Marian University name, including but not limited to: Marian University of Wisconsin, Marian, Sabre(s), or MU in a derogatory manner that does not accurately represent Marian’s Mission and Core Values.
  • Portraying Marian University, its employees, students, sponsors, and/or alumni in a derogatory way is prohibited. Marian University reserves the right to delete comments/posts or ask the person(s) responsible for creation of unofficial pages or profiles to be taken down and/or removed.

The use of social media in ways that violate Marian’s policies and procedures and any state or federal laws may result in disciplinary actions or suspension, as well as criminal or civil penalties. Please contact the Office of University Relations with questions regarding this policy.

Stalking

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

Student Art/Sidewalk Messages

The creation of works of art (i.e. snow art, sidewalk chalk) must be appropriate and should reflect the Mission and Core Values of the University. Any chalk used must be easily removed by water. No paint or permanent marking materials may be used on sidewalks. Violators will be held financially responsible to pay for the removal of inappropriate art or materials. Permission for a student-led project must be requested from the Office of Student Engagement prior to implementation.

Theft

Students should report theft to Campus Safety. However, Marian University will not investigate thefts independent of a police investigation. Campus Safety and Security or Student Engagement staff will help students file a police report and contact the appropriate police department. Fraud or “identity theft” are considered theft and students engaging in these behaviors will be charged with a theft policy violation. Any student caught stealing personal or University property or found in possession of such items will face disciplinary action and may be referred to local law enforcement authorities.

Threatening Behavior

Threatening behavior consists of any statement, communication, conduct, or gesture, including those in written form, directed toward any member of the University community that causes a reasonable apprehension of physical harm to a person or property. A student can be guilty of threatening behavior even if the person who is the subject of the threat does not observe or receive it, so long as a person would interpret the maker’s statement, communication, conduct, or gesture as a serious expression of intent to physically harm.

Tobacco and Vaping

Marian University is strongly committed to maintaining and improving the health and well-being of all members of the campus community. Being a tobacco-free campus:

  • Provides a healthier environment for the University community and guests.
  • Assists members of the University community in improving their own health.
  • Enhances the health of the communities we serve.
  • Complies with Wisconsin state law.
  • Assists graduates with preparation of working for companies, agencies, and organizations that are tobacco-free.

A tobacco-free campus prohibits the use of all tobacco products on the premises (buildings, grounds, sidewalks, streets, and structures) and in University owned or leased vehicles. Individuals may use tobacco in their personal vehicles; however, disposal of cigarette butts, smoking materials, or garbage on campus grounds is strictly prohibited. Further, the using of e-cigarettes or other devices used to “vape” nicotine are prohibited on campus.

Use of Tobacco for Sacred or Religious Reasons

A written request must be submitted one week in advance to the Office of Student Engagement if a group desires to use tobacco for sacred or religious reasons. The Dean of Student Engagement will gather detailed information on the request, determine its legitimacy, and approve or deny the request.

Prohibited Activities

All sales and advertising of tobacco products on University campuses are prohibited. This includes the distribution of tobacco product samples or coupons redeemable for tobacco products. The sponsorship of campus events by the tobacco industry or tobacco organizations is prohibited.

Enforcement

All members of the University community are responsible for enforcing this policy. Anyone who observes a violation of this policy should make the violator aware of the restrictions contained in this policy. Employees or students who observe a violator’s refusal to adhere to this policy may report the violator to the appropriate authority. Such authorities may include vice presidents, deans, department chairs, directors, managers, or Campus Safety. Upon receiving a report, the authority shall inform the violator’s supervisor (if the violator is an employee) or the Office of Student Engagement (if the violator is a student). 

Tobacco Cessation Assistance/Resources

To the extent feasible, and utilizing available University and community resources listed below, Marian University encourages all members of its community to choose a healthful, non-tobacco use/non-smoking lifestyle. Emphasis is placed on educating and referring members of the University community to available resources and services that provide tobacco cessation assistance.

The following tobacco cessation programs and resources are available:

  • Marian University Student Health Services 920-923-7615
  • Fond du Lac County Health Department 920-929-3085
  • Wisconsin Tobacco Quit Line 1-800-QUIT-NOW (784-866-9800), 1-877-2NO-FUME (Español) 1-877-777-6534 (TTY)

Vandalism

Marian University does not tolerate any act of vandalism. Violators will be charged for any repairs, replacements, or cleaning to restore the area/object to its original condition.

Weapons

The possession of concealed weapons in University buildings is restricted. If it is suspected that someone is not adhering to this restriction, Campus Safety should be notified. The use, possession, or discharge of weapons or any type of explosive anywhere in University buildings is strictly prohibited. Weapons include, but are not limited to: firearms, ammunition, archery equipment, knives (other than those used for cooking purposes), paint balls/guns, BB and airsoft guns, and martial arts weapons. Items deliberately altered to appear like a weapon are also prohibited. Any infraction of this prohibition will be severely prosecuted through local law enforcement agencies. Any questions regarding this policy should be directed to Campus Safety. 

Pepper Mace

When used appropriately in threatening, emergency, or safety situations, pepper mace can be an effective disabling agent. Due to its noxious ingredients, the use of pepper mace is permitted only in such situations. Safety precautions should take precedence over reliance on pepper mace. Misuse of pepper mace is cause for disciplinary action and may result in criminal charges.