Support and Appeals

Reporting an Incident
Appeals
No Contact/Stay Away Order
Training

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

There are options available to file a sexual harassment or sexual assault report or complaint as described below.

  1. You can talk with a Title IX Coordinator who will assist you in making a decision of how to proceed with a report or complaint.
  2. You can file a report or complaint with a Campus Safety Officer at 920-923-8950.
  3. If you need confidential help in deciding whether or not to file a report or complaint you can talk with a confidential individual.
  4. 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 staff.
  5. 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.

Appeals

Appeals are available to both the reporting party and the responding party through the appropriate appeals process.  The appeal will be reviewed by the Title IX Coordinator-504/ADA Compliance Officer to determine if the appeal meets the established grounds for appeal.  Appeals must be submitted to the Title IX Coordinator-504/ADA Compliance Officer within two (2) business days of notification of findings.  The grounds for appeal are defined as:

  • A procedural error occurred that significantly impacted the outcome of the investigation (e.g. substantiated bias, material deviation from established procedures, etc.);
  • To consider new evidence, unavailable during the investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; and
  • The sanctions imposed are substantially outside the parameters or guidelines set by Marian University for this type of offense or the cumulative conduct record of the responding individual.

Appeals are managed through the appropriate university channels:

  • Student appeals are managed by the Director of Human Resources/Deputy Title IX Coordinator.
  • Faculty and staff appeals are managed by the Dean of Students/Deputy Title IX Coordinator.

Appeal forms are available from the Title IX Coordinator or through the Office of Student Life.

No Contact/Stay Away Order

Designated University administrators are authorized to issue a “No Contact Order” (NCO), also called a Stay Away, prohibiting contact between parties when there exists a reasonable concern that physical or psychological harm may result from such contact. In sexual misconduct cases that involve sexual harassment, sexual assault, dating and domestic violence, and stalking, any Title IX Coordinator should be contacted and will assist you in determining if any immediate action is needed such as an interim action, such as a temporary suspension, or no contact order.

Both the “Reporting Party” (alleged victim) and the “Responding Party” (alleged offender) may request a Title IX Coordinator to invoke a NCO. The Coordinator will entertain the request and decide on the merits of the request. A NCO requires that both parties refrain from contacting the other party through any means (e.g. fact-to- face, in writing, through friends or other persons, electronically). A NCO will stay in effect until such time as both parties are officially notified in writing that the NCO has been terminated. Violations of the NCO will be considered a form of retaliation (see below).

Note: If neither party requests a NCO, the Title IX Coordinator reserves the right to invoke a NCO if the Coordinator feels that it is in the best interest of either party or the University community as a whole.

Retaliation: Retaliation against an individual for alleging harassment or discrimination, supporting a reporting party or for assisting in providing information relevant to a claim of harassment or discrimination is a serious violation of University policy and will be treated as an instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The University will take all appropriate actions to protect individuals who fear that they may be subjected to retaliation.

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Training