Support and Appeals
Title IX Support
All members of the University community have the right to be free from sex discrimination in the form of sexual harassment and unwanted sexual contact. Sex discrimination, sexual harassment, sexual assault, dating violence, domestic/family violence, and stalking are prohibited by federal law, state law and University policy. Marian University is committed to appropriately addressing alleged acts of sexual harassment and sexual violence whether the behavior occurs on or off campus that impact students, faculty, staff, and visitors to the campus.
It is important to note the options for assistance following any incident of sexual harassment or sexual violence. These options are listed below. Please remember that in cases of sexual assault, whether or not an individual chooses to formally report an incident, receiving immediate medical attention and/or counseling is vital to the person’s overall health and wellness. Likewise, seeking immediate medical attention is vital to preserve evidence if an investigation is to follow.
Reporting an Incident
Receipt of an Initial Report of Conduct Prohibited under Title IX
Any person may report to the University’s Title IX Coordinator any conduct prohibited under Title IX and this Policy, regardless of whether the individual making the report is the person alleged to have experienced the conduct. Initial Reports of such conduct can be made in person, by mail, by telephone, or by email, using the contact information listed below. Such a report may be made at any time, including during non-business hours, by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator:
Title IX Coordinator Joshua Clary, Compliance Officer 45 South National Avenue Fond du Lac, Wisconsin 54935 920-923-7621 Title_IX@marianuniversity.edu
To make an Initial Report of Title IX prohibited conduct, the Title IX Coordinator of designee will ask for the following information, if known:
- Name of Complainant Complainant’s role, if any, with the University
- Name of Respondent Respondent’s role, if any, with the University
- Date of incident(s)
- Location of incident(s)
- Time of incident(s)
- Nature of conduct (provide specific allegation: e.g., “Complainant awoke to Respondent touching her genital area without permission)
- Date of previous report, if any to whom any previous report was made
Upon receipt of notice of an Initial Report of conduct prohibited under Title IX and this Policy, the Title IX Coordinator or Deputy Title IX Coordinator (or their designee) will promptly contact the Complainant and inform the Complainant:
- of the availability of Supportive Measures, including that the Supportive Measures are available with or without filing a Formal Complaint;
- of the availability of confidential counseling resources both on and off campus;
- how to file a Formal Complaint;
- that, if the reported conduct could be a crime, the Complainant has the right but not the obligation to file a police report, and that if there is a police investigation, the Title IX Coordinator will coordinate with law enforcement; and
- of the importance of preserving evidence and identification and location of witnesses.
If on the face of the Initial Report the Title IX Coordinator determines that the conduct alleged does not fall within the scope of Title IX, the Title IX Coordinator may also inform the Complainant that the matter may be referred to another University process. Even if the matter is referred, the Complainant will still receive an offer of Supportive Measures.
- Employees must report: Please know that all sexual harassment and sexual misconduct allegations made to a “responsible employees” (faculty, staff, or student employees) must be reported to the Title IX Coordinator.
- Marian University encourages all members of our community who are victims of sexual misconduct to report the incident to the Fond du Lac police. Any Title IX Coordinator or Campus Safety Officer will assist you in filing a complaint with the police.
Both parties have the right to request an appeal of the determination regarding responsibility, and from the University’s dismissal of a Formal Complaint or any allegations therein, on the following bases:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
- The Title IX Coordinator, Investigator(s), or Hearing Panel had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
Appeals must be submitted to the Title IX Coordinator within three (3) business days of the date the Title IX coordinator provides the written determination to the parties. The Title IX Coordinator may offer an appeal equally to both parties on additional bases.
As to all appeals, the Title IX Coordinator must:
- Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;
- Ensure that the decision-maker for the appeal are not the same individuals as decision-makers that reached the determination regarding responsibility or dismissal, the investigator, or Title IX Coordinator;
- Ensure that the decision maker for the appeal complies with the University’s standards;
- Gives both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
- Issue written decision describing the result of the appeal and the rationale for the result;
- Provide the written decision describing the result of the appeal and the rationale for the result.
The Appeal Officer’s reviews is limited in scope to the grounds stated for appeal. The Appeal Officer must review the appeal, response, and hearing record (to the extent necessary, depending on the grounds for appeal). The appeal officer must then draft a written decision that states the outcome of the appeal and rationale. The Appeal Officer or Title IX Coordinator will communicate the results of any appeal simultaneously and in writing to the Complainant and Respondent. The Appeal Officer has the option to uphold the original decision and sanction, institute a modified decision and/or sanction, or request the case be reheard in its entirety. The latter will only be utilized in cases with significant procedural lapses that affected the decision making of the Hearing Panel.
The determination of responsibility made by the Appeal Officer is final and binding.
Supportive Measures are those that are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without a fee or charge to a Complainant or Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sexual harassment.
These measures include, but are not limited to:
- Stay Away/No Contact Orders (limiting physical contact and all forms of communication between parties)
- Housing reassignment
- Housing contract cancellation
- Course reassignment and/or extension of deadlines or other course-related adjustments
- Human Resource actions to limit contact between an employee and any other involved party, including work reassignment
- Temporary suspension from work or school
- Campus security escort services or increased security/monitoring
- Leaves of absence
The University must maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the University’s ability to provide Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures.