Campus Policies

In the State of Wisconsin, the legal age for consumption of alcohol is 21. Students under the legal age who consume, possess, buy, serve, or sell alcoholic beverages or individuals who sell to or serve minors are in violation of both state law and University policy.

Philosophy

The University has established the following policy with regard to alcohol and other drugs to ensure that it meets its obligation to students, employees, funding sources and the community. The goal of this policy is to balance our respect for students and staff with the need to maintain a safe, productive and drug-free environment. The intent of this policy is to offer compassion and aid for students suffering from alcohol and other drug problems, to protect the University community and to send a clear message that students are expected to obey the law and take personal responsibility for their conduct.

Therefore, Stritch is committed to maintaining campus-wide alcohol and other drug prevention and early intervention programs (DAAPP). The University expects its students, faculty and staff to share responsibility for campus-wide prevention and early intervention efforts through education, research and community outreach, as well as drug and alcohol free activities. Early intervention programs have been designed to assist with the early identification of drug and alcohol problems and to help in selecting appropriate solutions and/or referrals.
 

Student Standards of Conduct Related to Alcohol and Other Drugs

  1. No use, possession, sale, manufacture, trade or distribution of alcohol, drug paraphernalia or illicit drugs is permitted. The only exception is responsible use of alcohol for legal drinking-age individuals who are either:
    1. at a University-sanctioned event where a permit has been obtained, or
    2. in a legal-age student’s residence hall room when no underage persons are present.
  2. It is a violation of the policy for a student to report to a University classroom/clinical site with the presence of alcohol or illegal drugs in his/her body.
  3. If a student is taking prescribed medication that will affect the student’s ability to perform their work, the instructor should be notified. Prescription drugs are to be used only by the person for whom the prescription was written.
  4. Students who drink on or off campus and exhibit irresponsible behavior (i.e. public disturbances, danger to self or others, destruction of property, alcohol-related sickness or inability to care for oneself) will be subject to sanctions.
  5. The University staff and concerned persons reserve the right to call 911 in cases of suspected alcohol poisoning, drug over-dose, or when an individual is unconscious, or is perceived to be a danger to self or others.  Individuals receiving medical treatment will be responsible for the costs incurred.
  6. Kegs, tappers, party punches, beer bongs, drinking games, or drug paraphernalia are not permitted on University property.
  7. No person shall provide assistance to a student under the age of 21 in obtaining access to alcohol.  This includes, but is not limited to, purchasing or providing alcohol, transferring or storing alcohol, or providing with an ID card intended to deceive others.
  8. No open containers are permitted in public areas (hallway, lounges, etc.) without a permit. For student-sponsored events, special permission may be sought through Student Affairs for consumption of alcoholic beverages by legal-age students at the site of the event.
  9. Students of legal drinking age may drink only in a room of a legal-aged student with the room door shut. No person may drink or bring alcohol into the room of an underage student.
  10. No underage person can be present in a room where alcohol is being consumed even if the underage person is not drinking.
  11. Mass quantities of alcohol are not permitted in the residence halls or any other part of campus. Of age residents with excessive quantities will be given the opportunity to remove the alcohol from the building, or have to empty out the containers. Any amount of alcohol belonging to underage students will be emptied.
  12. It is against state law and University policy to misrepresent one’s age and/or falsify one’s identification card.  All altered or “fake” identification cards (driver’s license, school ID card, etc.) will be confiscated by University representatives and/or are subject to police referral. Additionally, individuals who provide others with false identification are subject to disciplinary action by the University and/or referral to the police.
  13. Residence hall students are responsible for their behavior and for that of their guests.  Students may be sanctioned for their own inappropriate drinking and that of their guests. Residence hall guests violating the policy who are Stritch students will also be sanctioned for their violations. Uncooperative guests may have their guest privileges revoked, and will be referred to security or the police if they refuse to leave peaceably.
  14. Residence hall staff retains the right to inspect students’ rooms and property if suspicion of illegal activity exists. Likewise, the Department of Security reserves the right to inspect commuter lockers and other University property if suspicion of illegal activities exists. Suspicion may be generated by odor, loud noise, observable drugs, alcohol or drug paraphernalia and/or other evidence of drug usage and will result in confiscation of such materials. In the event of an alcohol incident, all empty containers in the student’s room may be considered as evidence that usage has occurred. For further details regarding the process for room inspection, please see the Residence Hall Handbook.

Alcohol Sanctions

Students are expected to follow Wisconsin state laws and University policies relating to alcohol use. When students fail to meet this responsibility, serious consequences will result that may impact one’s status as a student. Depending on the circumstances, the local police may be contacted. Parents may be contacted for alcohol violations. The following procedures are designed to handle cases of alleged misconduct in fairness to all concerned.

After receiving a written invitation, the student will arrange a meeting with an administrative hearing officer. Students who have violated the alcohol policy will receive disciplinary action. Such action may include, but is not limited to, probation, community service, restitution, housing reassignment (resident students only), educational assignments, and/or substance abuse screening. Specific sanctions will be based upon the nature of the incident, the impact of the incident on self and others, any prior violations of the Student Conduct Code, and the student’s cooperation in resolving the situation.

Students who have violated the alcohol policy are required to meet with counseling services for an initial assessment, according to the timetable established by the hearing officer. Depending on the results of the initial assessment, interventions may include a substance abuse screening inventory, alcohol abuse prevention/education sessions, and/or other counseling interventions that are determined to be appropriate for each individual situation. Costs for the initial assessment, and any outside referrals, are the responsibility of the student.

Repeated violations, or a single violation that causes significant disruption of the community, can result in suspension or expulsion from the Residence Hall and/or the University. Students who do not complete the assigned sanctions within the designated time period may also be suspended or expelled from the Residence Hall and/or the University.

Alcohol sanctions remain on a student’s disciplinary record. The accumulation of 3 alcohol violations will result in a suspension or expulsion from University housing and/or the University.

Students who are found responsible for an alcohol violation will face specified sanctions. These sanctions do not preclude further disciplinary action resulting from accompanying behavior. In the case of resident students, these sanctions are in addition to sanctions outlined by the residence hall handbook. These penalties are cumulative for the student’s academic career at the University. Students who do not follow through with assigned sanctions may be suspended or expelled from the Residence Hall and/or the University.

For specific sanctions related to offense types, please refer to the Cardinal Stritch University student handbook.

Drug Sanctions

Use, possession, sale, manufacture, trade or distribution of drug paraphernalia or illicit drugs (illicit drugs are all illegal drugs and prescription drugs not prescribed for the student) is prohibited. In addition, the possession or use of salvia divinorum and synthetic marijuana is also prohibited on campus.

Students who have violated the drug policy will receive disciplinary action. Such action may include, but is not limited to, probation, community service, restitution, housing reassignment (resident students only), educational assignments, and substance abuse screening. Specific sanctions will be based upon the nature of the incident, the impact of the incident on self and others, any prior violations of the Student Conduct Code, and the student’s cooperation in resolving the situation. Additional sanctions will be levied depending on accompanying behavior. These penalties are cumulative for the student’s academic career at the University. In circumstances involving drugs, University Security will be called as well as the local police. Police will confiscate all drugs and/or drug paraphernalia.

Students who do not follow through with assigned sanctions may be suspended or expelled from the Residence Hall and/or the University. For information on specific sanctions based upon offense type, please refer to the Cardinal Stritch University Student Handbook.

Sale, Manufacture, or Distribution of Drugs

Any student found to be selling, manufacturing, distributing or facilitating the sale of drugs will be immediately referred to the local police and receive an automatic expulsion from residence life housing and the University.


Drug Convictions Make Student Ineligible for Financial Aid

A federal law denies financial aid to students recently convicted in state or federal court of possessing or selling illicit drugs. This penalty applies to all drug convictions - including misdemeanor possession charges.


Intervention for a Suspected Alcohol and/or Other Drug (AOD) Problem

Medical Intervention

Cardinal Stritch University considers the safety and personal well-being of each student a priority. The University recognizes that there may be alcohol or other drug-related medical or safety emergencies in which the potential for disciplinary action could act as a deterrent to students who want to seek assistance for themselves or others. Medical Intervention is designed to enable dangerously intoxicated or impaired students, or their peers, to receive the immediate, professional medical treatment they need.

When a student aids an intoxicated or impaired individual by contacting Security or Residence Life staff for assistance, neither the intoxicated individual nor the student reporting the emergency will be subject to formal disciplinary action for the consumption or possession of alcohol or other drugs as a first offense. In rare circumstances such as cases where other violations occur, students may be subject to the conduct process. Examples include, but are not limited to, physical abuse, sexual assault, conduct which threatens safety, verbal or physical harassment, disorderly conduct or property damage. Medical Intervention does not apply for subsequent alcohol or other drug intoxications or impairments.

State of Wisconsin Federal and Legal Sanction

The laws of Wisconsin prohibit drug possession and delivery through the Uniform Controlled Substances Act, Wis. Stats. 961, and mandate stiff penalties including large fines and long periods of imprisonment. A person with a first-time conviction of possession of a controlled substance can be sentenced up to one year in prison and fined up to $5,000, Wis. Stats. 961.41 (2r). The penalties vary according to the amount and type of drug confiscated, the number of previous offenses by the individual and whether the individual intended to manufacture the drug, sell or possess the drug. See Wis. Stats. 961.41. In addition to the stringent penalties for possession or delivery, the sentences can be doubled when exacerbating factors are present, such as when a person distributes a controlled substance to a minor, Wis. Stats. 961.46(1).

Substantial restrictions against the sale, possession and distribution of alcohol also exist in Wisconsin. It is against the law to sell alcohol to anyone who has not reached the legal drinking age of 21 and there is a concurrent duty on the part of an adult to prevent the illegal consumption of alcohol on his/her premises, Wis. Stats.125.07(1)(a). Violation of this statute can result in up to a $500 forfeiture for a first offense, with higher fines and imprisonment for subsequent violations. It is against the law for an underage person to attempt to buy an alcoholic beverage, falsely represent his/her age, or enter a licensed premises except to conduct lawful business (i.e. eating in a restaurant). First offenders can be required to forfeit up to $500, ordered to participate in a supervised work program and have their driver’s license suspended, Wis. Stats.125.07(4).

The federal government revised the penalties against drug possession and trafficking when it adopted the Federal Sentencing Guidelines that reduce or eliminate the discretion that federal judges may use in sentencing offenders of federal drug statutes. Under current statutes, courts can sentence a per- son up to one year of imprisonment and a $5,000 fine for unlawful possession of a controlled substance such as marijuana. Federal law creates special penalties for the possession of certain drugs such as cocaine base, also known as crack. For the possession of 5 grams of cocaine base, a federal judge is obligated to sentence a person to at least 5 years (and up to 20 years) imprisonment. A sentence of life imprisonment is required for a conviction for the distribution of a controlled substance that results in death or bodily injury. The Federal Sentencing Guidelines eliminated parole in the federal judicial system.


Stritch AOD Resources

Anyone interested in receiving assistance with an AOD issue should contact one of the following offices:

  • Wellness Center Counseling Services -- (414) 410-4197
  • Director of Student Affairs -- (414) 410-4329
  • Residence Life Coordinator (Assisi) -- (414) 410-4252
  • Residence Life Coordinator (Clare) -- (414) 410-4504
  • Resident Assistants -- (via Front Desks)
  • Clare Residence Hall -- (414) 410-4515
  • Assisi Residence Hall -- (414) 410-4517

Alcohol/Drug Abuse – Community Referral Agencies

  • Addiction Resource Council -- (262) 524-7921
  • Alcoholics Anonymous -- (414) 771-9119
  • Milwaukee Council on Alcoholism and Drug Dependence (Impact) -- (414) 276-8487
  • Starting Point of Ozaukee -- (262) 375-1110
  • “Focus on Community” Racine Council on Alcohol & Drug Abuse -- (262) 632-6200
  • Crisis Center -- (262) 752-0751

Selected Treatment Agencies

  • Aurora Sinai Behavioral Health -- (414) 219-5000
  • Aurora Psychiatric Hospital – Wauwatosa -- (414) 454-6600
  • Genesis Behavioral Services Inc. (24 hrs) -- (414) 342-6200
  • Community Information Line (IMPACT) -- (414) 773-0211*
  • Lutheran Social Services Outpatient -- (414) 325-3096
  • Meta House (women) -- (414) 962-1200**
  • St. Mary’s Hospital Ozaukee -- (262) 243-7300
  • St. Mary’s Hospital Milwaukee -- (414) 961-3300


Madison, WI: National Alliance on Mental Illness (NAMI), Dane County, (608) 249-7188, email: contact@namidanecounty.org

St. Paul, MN: Mental Health Association of Minnesota, (651) 493-6634 or (800) 862-1799, email: info@mentalhealthmn.org

Chicago, IL: Mental Health America of Illinois, (312) 368-9070, website: http://www.mhai.org/

2-1-1 @ IMPACT is a central access point for Milwaukee County residents who need assistance with family, health and social services. This 24- hour central access point for information and referral serves that include the following: emergency food, alcohol or other drug abuse, health care, homelessness and emergency shelter, financial assistance, family and parenting issues, mental health care, legal assistance, housing concerns. When someone calls 2-1-1 @ IMPACT, they will speak with a Community Resource Specialist - a professional trained to listen carefully to the caller's needs, help assess their situation and connect them to an agency that will respond to their needs.

** Meta House, Inc. is a substance abuse treatment program dedicated to helping women through the progression of recovery. Meta House is dedicated to helping women reclaim their lives from the effects of substance abuse.
 

Stritch Drug and Alcohol Abuse Prevention Program (DAAPP)

Program Overview

Cardinal Stritch University established its Drug and Alcohol Abuse Prevention Program to ensure that it meets its obligation to students, employees, funding sources, and the community. Stritch is committed to maintaining campus-wide alcohol and other drug prevention, and early intervention programs. The University expects its students, faculty and staff to share responsibility for campus-wide prevention and early intervention efforts through education, research and community outreach as well as drug and alcohol-free activities. Early intervention programs have been designed to assist with the early identification of drug and alcohol problems and to help in selecting appropriate solutions and/or referrals.

Drug and Alcohol Abuse Prevention Program Goals

The goal is to balance our respect for students and staff with the need to maintain a safe, productive and drug-free environment. The intent is to offer compassion and aid for students suffering from alcohol and other drug problems, to protect the University community, and to send a clear message that students are expected to obey the law and take personal responsibility for their conduct.

Drug and Alcohol Abuse Prevention Program Elements

Cardinal Stritch University uses a multi-faceted approach in its drug and alcohol abuse prevention program (DAAPP) with both common and differentiated supports. In all cases, the program is informed by the policy which clearly delineates the University’s position as well as the support systems available to students, staff, and faculty as well as the potential consequences for infractions. Students, staff and faculty are provided drug and alcohol information, offered educational programs and personal supports through orientation, on-going education and prevention initiatives, confidential counseling and resource referral.

While all members of the University community share the responsibility for campus-wide prevention and early intervention efforts, certain areas have a greater degree of responsibility for providing direct support and/or education initiatives. For students, these areas include The Wellness Center, Residence Life, Student Activities & Leadership, and Athletics; for faculty and staff the area is Human Resources.

The Wellness Center

The Wellness Center includes counseling services, wellness programs, and student health services. All areas of the Wellness Center address drug and alcohol issues and concerns through programming, education, advocacy, and individual services of counseling and referrals.

Wellness programming

Each Fall semester, the Wellness Center collaborates with Residence Life and Student Activities & Leadership during New Student Orientation (NSO) programming to educate students on issues surrounding alcohol and drugs, making healthy choices, and resources available on campus and in the community. These programs are not limited to the start of the academic year, but rather are held regularly through classes and awareness campaigns.

Through numerous presentations on managing change and stress management, students are educated on the difference between healthy and unhealthy coping skills. Alcohol and drugs are cited as examples of unhealthy coping mechanisms. Student are encouraged to manage stress in a way that ultimately does not harm them, but rather helps them grow into a better person. In addition, students are encouraged to reflect on what skills they use, and brainstorm about other positive coping skills. In the past several years, these presentations have been given to classes within the Communication Department, Ruth S. Coleman College of Nursing & Health Sciences (CONHS), College of Education & Leadership (COEL) students beginning their field placements, Sports Management, and the LDRS Initiative group. Additionally, counselors and peer health educators provide resources to residents in the halls especially during the start of the year, exams and spring break. The information has been used to create information bulletin boards.

Individual Counseling

Each student who seeks counseling is asked about their alcohol and/or recreational drug use through use of our Counseling Intake Form (Appendix B). Students are asked about their own use of alcohol and other drugs, and are also asked to note if there are any drug or alcohol issues in their family. Because counseling is ultimately a relationship developed through trust, counselors recognize that in the early phases of treatment, a client may not be forthcoming on all issues. They therefore seek to learn through the early phases of counseling what issues the client has and what coping skills they use. Lack of healthy coping skills is a warning sign that there may be unhealthy coping skills to uncover. These questions are revisited throughout the counseling relationship.

In addition, anonymous online screening through eCheckup-to-Go is offered: https://interwork.sdsu.edu/echeckup/usa/alc/coll/?id=stritch&hfs=true This is an excellent resource for students to consider their alcohol use, and become educated on its impact as well as learn about healthier options to managing stress and change. It is mandatory for students who are referred for drug and alcohol violations, and is recommended to counseling clients on an as-needed basis.

Upon finding someone has a concern about, or an issue with, alcohol use or other drugs, counselors continue to offer individual counseling, encourage them to seek outside help, and assist them in finding resources.

Resources

For students who need to be assessed for outside care, they are connected with Aurora Behavioral Health, Rogers Memorial, Columbia St. Mary’s or Cornerstone, and counselors offer to be with them during the call. The organizations listed all provide assessment to determine proper level of care from inpatient and residential treatment to intensive outpatient, partial programming, and individual counseling. This is a continuum of care which, depending on need, provides everything from 24-hour care (for detox and significant drug and alcohol issues) to full-day, partial day, and one-hour programming and counseling.

Students using BadgerCare: can attempt to receive services through the above organizations or connect to additional resources through IMPACT 211 http://www.impactinc.org/impact-alcohol-drug-abuse/.
Other recommended free and low-cost resources include: Alcoholic Anonymous Meetings http://www.aamilwaukee.com; the Milwaukee Alano Club http://www.mkealanoclub.org/; SMART Recovery – Self Management for Addiction Recovery Training, which is an online community providing resources for recovery from addiction http://www.smartrecovery.org.

Education

Counseling Services staff keep current on DAAPP programming in colleges and universities through WAICU counseling meetings, and keep current on research into drug, alcohol and co-occurring disorders. Mary Beth Wisniewski has obtained the Alcohol and Drug Abuse Certificate which comprises eight courses including Mental Health and Substance Abuse, Alcohol/Drug Abuse Rehabilitation, Professional Practices in Human Services, Psychopharmacology and Family and Chemical Abuse.

Residence Life & Student Activities

The Departments of Residence Life and Student Activities & Leadership promote a co-curricular learning environment where students feel welcome, comfortable, safe, and at home. Dedicated to the development of a caring community these departments guide students in making healthy and responsible life choices. Recognizing that their uniqueness enriches our community, we embrace and accept each student as an individual and assist them in living out the Catholic Franciscan values of the institution. Through educational programs, social activities, and interactions, Residence Life and Student Activities & Leadership aid students in the process of becoming well-rounded and socially responsible leaders.

Education

There are currently two (2) residence halls on campus and on each floor lives two student staff members – a Resident Assistant (RA) and a Community Advisor (CA). The role of these student staff members is to create a living learning community welcoming and comfortable for all residents. In addition to their role in enforcing the code of conduct and residence life policies and regulations, the RA’s are charged with hosting and executing various educational programs and events to promote health and wellness as well as making healthy decisions as it relates to coping with transitional issues, stress, and anxiety. All programs and events are alcohol free. This allows for students to learn how to enjoy various programs and events without the use of alcohol and other drugs.

New Student Orientation (NSO) programming is another time when students are introduced to the impact of alcohol and other drugs on their academic success. This is especially important as new students will be faced with many transitions and changes in their first year of college. Through programming such as “College Adventures 101” students discuss the impact of making the best and most healthy choices for themselves. They are also challenged to consider how to help friends and roommates who they feel may be struggling with alcohol and drug abuse.

Resources

As part of their programming, RA’s collaborate with the staff of the Wellness Center to introduce their services to students so they better understand the resources available to them on campus. The student staff also create bulletin boards to promote healthy choices and alternatives to drinking especially during key times in the year such as the start of the year, final exams, and spring break. The information provided on the bulletin boards focuses on facts regarding the use of alcohol and other drugs on college campuses, the impact of using these as a coping mechanism as it relates to personal health and academic success, and finally information on campus, local and regional support services and resources where students can gain support and additional information.

For students who do not reside on campus, it is important to host events and programs to educate and expose them to information and services regarding the impact of the use of alcohol and other drugs. To this extent, the Student Activities & Leadership staff works directly with the Student Programming Board (SPB) as well as the Dean’s Advisory Council (DAC) to host and fund programming for all students.

There are also over 20 registered student organizations on campus who host programs and events throughout the year for the student community and especially their members. Student organizations are not allowed to use their budgets to pay for any alcohol at university events. In this way, students are gaining social skills without the use of alcohol or other drugs.

Athletics

Cardinal Stritch University has a variety of intercollegiate athletic teams.. Coaches of these teams work to maintain close relationships with the athletes so that they can identify student athletes in distress. Through regular team and individual meetings, coaches provide support and if necessary referrals to the Wellness Center and other support services.

At times, the Dean of Students meets with all coaches to discuss resources available to student athletes as well as updates on any policy and procedures relating to drug and alcohol use on campus. This is also a time to educate coaches on the type of sanctions possible as a result of violations of the campus DAAPP policies.

A member of the Athletics staff also is a member of the Student Intervention Team (SIT). The athletics representative serves to identify student athletes who may be struggling emotionally, physically, and/or academically. This allows for the holistic support and response to any student athlete facing challenges during the on or off season. The athletic department supports the sanctions athletes receive on campus or in the residence halls and helps to ensures that students are being held accountable for how actions off the field impact their ability to remain in good standing with the athletics department.

Human Resources

As it relates to drug and alcohol abuse, all employees have access to the Employee Assistance Program (EAP) through Aurora Health Care. This program allows employees to seek assistance and support for stressors that may be impacting their personal, family, and work life. This benefit grants employees up to three visits free of cost. The nature of the services received and referrals made are protected under physician-patient confidentiality. Cardinal Stritch University does not know if an employee has sought EAP support, rather they receive a quarterly report noting the number of employees who have accessed the service. More information about this service can be found on my.stritch under the benefits tab and also at www.Aurora.org/EAP. Beginning in November 2016, services provided under EAP will be further discussed as part of the Open Enrollment presentation to all employees and handouts about the services provided will be made available.

Policy Statement

It shall be the policy of Cardinal Stritch University to comply with the Rehabilitation Act and Americans with Disabilities Act and regulations tested there under to the extent applicable to Cardinal Stritch University.

ADA Definition of a Disability

A "person with a disability" is anyone with a physical or mental condition that substantially limits one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In addition to those people who have visible disabilities—persons who are blind, deaf, or use a wheelchair - the definition includes a whole range of invisible disabilities. These may include mental illness, learning disabilities, or some chronic health conditions such as epilepsy, diabetes, arthritis, cancer, cardiac problems, HIV/AIDS condition, and more. An individual is considered to be a person with a disability if he/she has a documented disability. In order to offer the appropriate accommodation and assistance whenever possible, documentation of the disability is required.

 

Policy Implementation

A. Disability Disclosure

A student or an applicant for admission may disclose the presence of a disabling condition and request the accommodations indicated in his/her documentation by contacting the Disability Coordinator within the Student Support department of Student Affairs. In order for the Student Support department to notify a student's instructors of disability accommodations, that student must sign a release of information form in the Center. Faculty notification does not replace the student's responsibility to communicate directly with each instructor to discuss accommodation details. Each semester, it is the student's responsibility to share his/her schedule with the Student Support Center so that appropriate instructors may be notified.

B. Confirmation of a Disability

It is the responsibility of the student to provide medical or other diagnostic documentation of his or her disability as requested. Documentation of disabilities should be directed to the department of Student Support within Student Affairs. Students may be required to participate in such additional evaluation of limitations as may be necessary prior to receiving requested accommodations. Each student shall be expected to make timely and appropriate disclosures and requests and to engage in appropriate levels of self-help in obtaining and arranging for accommodations or auxiliary aids, including applying for funding for specialized support services from the Division of Vocational Rehabilitation.

C. Institutional Documentation

All requests for and subsequent University response for accommodations will be documented the Disabilities Coordinator within the department of Student Support.

D. Statement of Confidentiality

Disability information will be shared within the University community on a need to know basis in accordance with applicable laws. Documentation of disabilities will be kept in the department of Student Support within Student Affairs.

E. Appeal of Denied Accommodation Requests

If a student who is denied requested accommodations wishes to appeal the decision, he/she may do so in accordance with the following procedure.

F. Grievance Procedures Relating to Section 504 and The Americans with Disabilities Act

The person who believes he/she has a valid basis for complaint shall address the concern in writing with the Disabilities Coordinator who shall, in turn, investigate the complaint in consultation with the Director of Student Support and reply to the complainant in writing within ten days. If the complainant feels that the grievance has not been satisfactorily settled, further appeal may be made to the Special Needs Hearing Committee.

The Special Needs Hearing Committee is convened by the Director of Student Support and is composed of members of the University community who serve on the Student Affairs Committee and who have not participated in the investigation of the complaint. If the Student Affairs Committee representative of the student’s college is unavailable or has been directly involved in the situation, the chair will invite another representative to participate, in order to insure adequate understanding of the program in which the student is enrolled.

If the student needs accommodations in order to fully participate in the committee meeting, s/he should discuss his or her needs with the Disabilities Coordinator. The Special Needs Committee will have access to all documentation of the complaint and will convene to hear any further information from, or on behalf of, the student who is rendering the complaint. The student is able to bring a member of the University community with him or her as a support person. This individual may not speak for, or on behalf of, the student, but may confer quietly with the student, offering support and encouragement. This is not an adversarial process, but rather a chance to gain a deeper understanding into the issues. Accordingly, while a support person is permitted in the meeting, attorneys may not be involved.

The committee will reply immediately to the complaint with a decision that will be documented in writing within 48 hours of the hearing. As a part of the process, the student is informed of the right to appeal and the procedures to be followed. If the student feels that the grievance has not been satisfactorily resolved, an appeal may be made to the Executive Vice President for Academic Affairs. An appeal must be made in writing with specific reasons why the individual believes an appeal is in order. The appeal must be made within 48 hours of the decision of the special needs hearing committee.

All information previously collected on the case is turned over to the Executive Vice President for Academic Affairs in the event that an appeal is requested. The Executive Vice President for Academic Affairs, after reviewing the information, will decide if there is sufficient information to warrant an appeal. If the Executive Vice President for Academic Affairs determined that the appeal is in order, s/he may uphold the original decision, modify the original decision, or make an alternate decision. The decision of the Executive Vice President for Academic Affairs will be final.

 

Program Accessibility

A. General

Qualified persons will not be denied the benefits of or excluded from participation in a University program or activity because University facilities are inaccessible or unusable by persons with disabilities.

B. Existing Facilities

Each program or activity is operated so that it is readily accessible to qualified persons with disabilities through means such as:

  • Re-assignment of classes, staff or services to an accessible location, or;
  • Redesign of equipment or facilities after individual case review.

Concern with classroom accessibility and concerns of accessibility to other areas of the University should be addressed to the Disabilities Coordinator and/or the Director of Student Support within Student Affairs.

C. New Construction

New facilities or parts of facilities constructed for the use of Cardinal Stritch University will be designed and built so that they and their parts are readily accessible to and usable by persons with disabilities. New construction will be planned in accordance with the “Americans with Disabilities Act (ADA) Accessibilities Guidelines for Buildings and Facilities; Final Guidelines” and federal or state building codes or other methods which provide equivalent access to the facility or part of the facility.

D. Off Campus Programming

Programs not wholly operated by Cardinal Stritch University that require participation in educational activities or internships (for example, in connection with student teaching assignments) will assure that these activities, as a whole, provide an equal opportunity for the participation of qualified persons with disabilities.

Since Cardinal Stritch University regularly holds classes, programs or activities in facilities other than its own, steps will be taken to use facilities which are accessible. Contractual or lease agreements will reflect efforts to ensure accessibility. It is the responsibility of the prospective enrollee to give sufficient advance notification of the need for any special accommodation or auxiliary aids in order for the accommodations to be made.

 

Academic Support Services

A. Modification of Academic Requirements

Academic requirements will be modified as necessary to ensure that the University does not discriminate against qualified students with disabilities. These modifications cannot affect the substance of the educational programs or compromise educational standards, nor should they intrude upon legitimate academic freedom. Modifications may include changes in the length of time permitted for the completion of degrees and adaptation of the manner in which specific course requirements are met. Academic requirements that are essential to programs of instruction or to any directly related licensing requirement (e.g. requirement for nursing) are not subject to modification.

B. Modification of Program Examinations and Evaluations

Examinations or other procedures for evaluating students’ academic achievement may be adapted for students who have disabilities. It is the individual student’s responsibility to request necessary test accommodations with the Disabilities Coordinator and the department of Student Support at the beginning of each semester. Accommodations may include but need not be limited to: enlarged materials, extended time, computer assisted, oral testing, environment free from distractions, alternate formats, preferential seating or test reader. These services are coordinated by the department of Student Support within Student Affairs.

The use of tape recorders or brailers in the classrooms or dog guides in campus buildings is not prohibited. Students or participants in University programs or activities may be required to sign an agreement that they will not release tape recordings or transcriptions of lectures.

C. Provides General Academic Support

The Student Support department provides academic support for individual qualified students as needed to meet course requirements. Support may include, but need not be limited to, tutoring, note taking, enlarging materials and testing accommodations.
 

Other

A. Physical Education, Athletics, Similar Activities

Cardinal Stritch University will not discriminate on the basis of disability in physical education, athletics, and similar programs and activities. Qualified disabled students or participants in programs or activities will be provided with an equal opportunity to participate in physical education courses as offered, intercollegiate and intramural athletics, or similar activities as long as the University can reasonably accommodate their disability to allow such participation. All students and participants in Cardinal Stritch University programs or activities must meet the standards and requirements of behavior set by that particular program or activity.

B. Financial Aid

Cardinal Stritch University will not provide less financial assistance to students with disabilities than is provided to nondisabled students, limit their eligibility for assistance, or otherwise discriminate against them. Financial aid awards will recognize the special needs of students with disabilities, including the possible need for reducing credit loads or extending the time allowed to complete graduation requirements.

C. Advising, Counseling, Health and Placement Services

Personal, health, academic, or career counseling, guidance and placement services will be provided in an accessible setting without discrimination on the basis of disability.

D. Housing

Qualified students with disabilities upon application to the residence life program will be provided with comparable, convenient and accessible on-campus housing whenever possible.

E. Co-Curricular Activities

Before providing official recognition or assistance to campus organizations, the Director of Student Experience within Student Affairs should receive assurance that the organization does not permit action prohibited by this policy.

In compliance with the Higher Education Opportunity Act, it is the policy of Cardinal Stritch University to actively investigate any report of a missing resident who is enrolled at Cardinal Stritch University and residing in Clare Hall or Assisi Hall.


Each resident will be notified of the Missing Student Notification Policy and Procedures when they move in, as well as through the Student Handbook and Residence Life Handbook. Additionally, Cardinal Stritch University reserves the right to actively investigate any reasonable report of a missing commuter student.

Each resident, on or before checking into his/her assigned room in Clare or Assisi Hall, is required to identify the name and contact number of the individual(s) who are the primary contact to be notified in case of an emergency or in the event that the resident is reported missing. In the event the resident is under the age of 18 and not emancipated, the University is required to have the primary emergency contact be a custodial parent or guardian.

If a member of the University community has reason to believe that a student is missing, Residence Life and the Department of Security should immediately be notified. Upon receiving notification, Residence Life, in conjunction with the Dean of Students, and the Department of Security, will make reasonable efforts to locate the student to determine his or her state of health and well-being.  The student’s cell phone number, if provided, will be the first contact. However, additional efforts may include, but are not limited to, checking the resident’s room, class schedule, friends, key-code history, on-line presence, and locating the resident’s vehicle.  As part of the investigation, the University reserves the right to contact the individual(s) whom the student has identified as his/her emergency contact person(s) to help determine the whereabouts of the student.

If, upon investigation by Residence Life and Security and concurred by the Dean of Students, it is determined that the resident is missing for at least 24 hours, the following will occur. A University representative will contact the resident’s designated emergency contact and the appropriate police department and request a missing person report to initiate a police investigation. Stritch staff will assist the police in the investigation as needed. In most cases, the student’s custodial parent or guardian will also be notified.

Residents planning to be absent from Cardinal Stritch University for an extended period of time should be sure to notify friends and family with information about their whereabouts. Residents are also cautioned to regularly check their campus mailbox as uncollected mail, in conjunction with other information, may cause concern that a resident is missing.

Missing Person Form

Missing Person Form is also a requirement by the Higher Education Opportunity Act of 2008. Please fill this form out and return it to the Department of Residence Life.

Consistent with the mission and Franciscan values of Cardinal Stritch University to provide a working and learning environment that fosters the intellectual, spiritual and social development of the individual, sexual harassment and sexual misconduct (which for this policy also encompasses sexual assault, dating violence, domestic violence and stalking) will not be tolerated and every effort will be made to eradicate it completely and swiftly.

In the event that sexual harassment and/or sexual misconduct occurs, anyone who has experienced or has knowledge about sexual misconduct, gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence is encouraged to report immediately. Protective measures for victims are available from the campus whether a victim chooses to report to local law encormcement and/or campus security and irrespective of whether a victim pursues a formal complaint through the Cardinal Stritch University resolution process.

The policies and procedures detailed below are intended to aid the Stritch commuity in identifying incidents of sexual misconduct, articulating the rights of and supports available to both the victim and the accused in such situations, as well as to articulate the process and standard of evidence that will be used by the institution to investigate, make a determination, and offer sanctions(s) and/or resolution(s).

Prevention and Awareness Programs

Cardinal Stritch University strives to prevent incidents of sexual harassment and sexual misconduct by providing education to its students and employees intended to promote awareness and primary prevention (including normative messaging, environmental management, and bystander intervention), as well as to inform and discuss institutional policies on sexual misconduct as well as the Wisconsin definitions of domestic violence, dating violence, sexual assault, stalking and consent in reference to sexual activity. Programs also offer information on risk reduction that strives to empower victims, educate on how to recognize warning signals and how to avoid potential attacks, and do so without victim-blaming approaches.
 
Awareness Programs are community-wide or audience-specific programs, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety and reduce perpetration.
 
Primary Prevention Programs are programs, initiatives and strategies informed by research or assessed for value, effectiveness or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.
 
Bystander Intervention programs and education help individuals identify safe and positive options that may be carried out to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking.  Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.
 
Risk Reduction programs strive to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
 
The University makes this education available to both new and returning students and employees through a variety of methods including:  printed material, online resources, online learning modules, orientation activities and University-wide initiatives and events offered throughout the year. 

Identifying Sexual Misconduct

Sexual misconduct includes but is not limited to, conduct prohibited at Wisconsin Statutes 940.225, including the following conduct:

  1. Sexual Harassment
  2. Non-Consensual Sexual Contact (or attempts to commit the same)
  3. Non-Consensual Sexual Intercourse (or attempts to commit the same)
  4. Sexual Exploitation

Sexual Harassment is:

  • Unwelcome, gender-based verbal or physical conduct that is
  • Sufficiently severe, pervasive, and objectionably offensive that it
  • Unreasonably interferes with, limits or deprive someone of the ability to participate in or benefit from the University's educational programs and/or activities
  • Based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

Sexual harassment includes (but is not limited to): 1) jokes, remarks, pictures and/or use of the Internet or other forms of electronic communication that are sexual or derogatory to members of one sex; 2) leering, unnecessary touching, patting, cornering, standing too close, undue attention; 3) inappropriate inquiries about sexual values; 4) verbal or physical conduct of a sexual nature that is intimidating, demeaning, hostile or offensive; 5) requests or demands for sexual encounters with or without threats concerning one's grades, recommendations, promotions, jobs, etc.

Power Differentials (Quid Pro Quo): Intimate relationships between individuals of different institutional status, even when appearing mutual at the onset, have an underlying imbalance in authority that can diminish an individual's freedom of choice. Given the uneven balance of power within such relationships, they may present opportunities for sexual harassment. Because of the potential for sexual harassment in certain situations where an unequal power differential exists between the parties involved, the University prohibits romantic and/or sexual relationships between individuals in such situations. Examples include (but are not limited to): supervisory relationships, teaching relationships, advising relationships, and coaching relationships.

Individuals who have University responsibility for security, healthcare, ministry, student welfare and development and disciplinary activities are prohibited from engaging in romantic and/or sexual relationships with those members of the University community for whom they have a responsibility to protect and assist.

Hostile Environment: The determination of whether or not an environment is “hostile” is based upon a variety of related factors considered from both a subjective and objective perspective. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical.

Retaliation: Retaliation against an individual who brings a complaint, participates in an investigation, or pursues a criminal charge is prohibited and subject to serious disciplinary action.

Non-Consensual Sexual Contact is:

  • Any intentional sexual touching
  • However slight
  • With any object
  • By a person upon a person
  • That is without consent and/or by force

Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these parts, or making another touch you or themselves with or on any of these body parts; sexual contact additionally includes any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Non-Consensual Sexual Intercourse is:

  • Any sexual intercourse
  • However slight
  • With any object
  • By a person upon a person
  • That is without consent and/or by force

Sexual intercourse includes vaginal penetration by a penis, object, tongue, or finger, anal 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 includes, but is not limited to:

  • Invasion of sexual privacy
  • Non-consensual video or audio-taping of a sexual activity
  • Going beyond boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)
  • Engaging in voyeurism
  • Knowingly transmitting an STI or HIV to another student
  • Prostituting another student
  • Exposing one's genitals in non-consensual circumstances
  • Sexually-based stalking and/or bullying
  • Employing social media to carry out any of the above (or other) sexually exploitive or harassment-related activities

Additional Definitions

The following definitions provide additional clarity in recognizing harassment, sexual harassment and/or sexual misconduct.

Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in sexual activity. Consent to any on form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts. In order to give effective consent, one must be of legal age. In Wisconsin, the legal age of consent is generally considered to be 18 years of age. Refer to Section 948.09 of the Wisconsin Statutes and Annotations (Madison, WI: Legislative Reference Bureau). Consent cannot occur in situations associated with force, coercion and incapacitation, which are further explained in sections below.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent. Sexual violence is a form of sexual harassment (or sexual misconduct) prohibited by Title IX.

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want to engage in any sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

  • There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g. to understand the "who, what, when, where, why or how" of their sexual interaction).

  • Sexual activity with someone who one should know to be -- or based on the circumstances should reasonably have known to be -- mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout) constitutes a violation of this policy.
  • This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of rape drugs (including but not limited to Rohypnol, Ketomine, GHB, etc.) is prohibited and a violation of this policy.
  • Use of alcohol or other drugs will never function as a defense to a violation of this policy.

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress.

Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: 1) the length of the relationship; 2) the type of the relationship; 3) the frequency of interaction between the persons involved in the relationship.

Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.


Guidance in Violent Sexual Misconduct Situations

In the event that you are the victim of violent sexual misconduct/sexual assault, you are strongly encouraged to follow the procedures outlined by most police departments and agencies assisting such victims/survivors. These include:

  • Going to a safe place and immediately contact the local police.
  • Preserving all physical evidence by not showering, bathing, brushing teeth or rinsing mouth, douching, urinating, changing clothes, or touching anything related to the assault (bedclothes, objects touched by the assailant, etc.). Note: while these actions may destroy some evidence, other evidence might remain. Therefore, the medical exam and evidence collection is still advised up to 72 hours after the assault.
  • Going to a hospital emergency room or a sexual assault treatment center for medical care (the Sexual Assault Treatment Center in Milwaukee at Sinai Samaritan specializes in this).
  • Calling a family member, friend or university employee for support and companionship.
  • Writing down a description of the assault's circumstance and the attacker as soon as possible.

Victims are strongly encouraged to report the incident. Reporting options are provided below.

Community Resources/Additional Assistance

Additional assistance at Cardinal Stritch University and community referral information are available through the Wellness Center/Counseling Services and in the resources listed in the student handbook. Free brochures are also widely distributed and can also be obtained by contacting the Wellness Center/Counseling Services.

Wisconsin's Crime Victims' Rights and Services

In 1976, the Wisconsin Legislature passed a law allowing monetary compensation for crime victims and in 1980 created the Crime Victims' Bill of Rights. To be compensated, victims must report the crime to law enforcement within five days of the occurrence and file an application for compensation within one year of the crime. Victims must also cooperate with the investigation and prosecution of the crime. Further information and assistance my be obtained by contacting:

The Office of Crime Victims Services

P.O. Box 7951

Madison, WI 53707

(608) 266-6470/toll-free (800) 446-6564

In the Milwaukee area, helpful information and assistance are also available by contacting:

The Common Council Task Force on Sexual Assault & Domestic Violence: (414) 286-2997

Sexual Assault Treatment Center: (414) 291-5555

Minnesota's Crime Victims' Rights and Services

Under Minnesota's crime victims' bill of rights, those who are victims or witnesses to a crime are entitled to certain rights. These include notification rights, the right to participate in prosecution, the right to protection from harm and the right to apply for financial assistance. Victims of crime in Minnesota are also entitled to serves for the following:

The Minnesota Department of Public Safety's 24-hour hotline for crime victims' resources (800) 422-0798

The Office of Crime Victims Ombudsman (OCVO) which offers assistance to crime victims who feel that their rights have been violated, or who feel that they have been treated unfairly by the criminal justice system or by victim assistance programs: (800) 247-0390 during regular business hours.

Reporting/Complaint Process

If you believe that you are the victim of sexual misconduct, or if you are a third-party witness of such misconduct, you have a right -- and you are strongly encouraged -- to report the misconduct. The reporting of incidents and/or formal complaints may be filed with a Title IX coordinator or any university employee identified as a mandatory reporter. All sexual misconduct complaints made to mandatory reporters with be reported to the Title IX Coordinator.

Cardinal Stritch University encourages those who have experienced any form for sex discrimination/sexual misconduct to report the incident promptly, to seek all available assistance as described in this policy, and to pursue University conduct charges and criminal prosecution of their offender (Title IX staff can assist the victim with this if s/he chooses). Stritch takes complaints seriously and will work with victims to ensure their confidentiality and safety.

Confidential Reporting

To report an incident confidentially enables you to discuss the situation with a Stritch employee or other trained individual who will not share the information with anyone else. This individual will share options and advice, but will not tell anyone about the situation unless you authorize them to do so. As Stritch, these individuals include:

  • On campus mental health counselors
    • Counseling Services: (414) 410-4197
  • Campus health services providers
    • Health Center: (414) 410-4096
  • University ministers
    • Assistant Director of University Ministry: (414) 410-4722
  • Off-campus sexual assault treatment center
    • Sexual Assault Treatment Center (SATC), Aurora Sinai Medical Center: (414) 219-5555

Mandated Reporters

Most Cardinal Stritch University employees (with the exception of those in counseling, health services or University ministry) are considered mandatory reporters. Mandated reporters are individuals who must report a sexual misconduct incident to a University Title IX Coordinator, including the names of the alleged victims and other parties (if known).

During the review and hearing process, every reasonable effort will be made to shield the victim from unwanted contact with the alleged assailant and appropriate interim measures will be taken to assure the safety, privacy and support of both the complainant and/or the accused. However, specific requests for confidentiality during the investigation and hearing process should be submitted to a Title IX Coordinator.

Other Reporting Options

Anonymous Reporting

All universities are required to annually publish the number of incidents of certain campus crimes, including those of sexual misconduct. The anonymous information from students who file a report with the University are already included, and reflected in the crime statistics. Students who experiences sexual misconduct but have not filed a report, may also be included in Stritch's report by contacting the Wellness Center and making this request.

Local Police Department

In a sexual misconduct situations, a victim has the right to notify the local police department in order to report the alleged crime and pursue legal prosecution. Reporting an alleged crime to the local police department will lead to a criminal investigation. In such situations, the University will also conduct is own sexual misconduct investigation as detailed below.

Office for Civil Rights

A victim of sexual misconduct also has the right to file a formal Title IX complaint with the Office for Civil Rights (OCR) in the United States Department of Education.

Office for Civil Rights
400 Maryland Avenue, SW
Washington, DC 20202-1100
Hotline: (800) 421-3481
E-Mail: ocr@ed.gov

Review/Grievance Process

This review process applies to all Cardinal Stritch University students and employees. Complainants will be encouraged to use the civil/criminal procedures available to him/her in addition to the University review/grievance process. The University will fully cooperate (and assist if requested) in the individual’s filing of criminal charges against an alleged assailant, and, at the direction of law enforcement authorities, Cardinal Stritch University will assist in the obtaining, securing and maintaining of evidence potentially needed for prosecution.

In the University review/grievance process, Student Affairs staff will investigate the allegations if the accused is a student. The Director or Assistant Director of Human Resources will investigate the allegations if the accused is an employee. These individuals receive annual training on issues related to harassment, sexual misconduct, domestic violence, dating violence, sexual assault, stalking, retaliation and other behaviors that can be forms of sex or gender discrimination. The university reserves the right to investigate and pursue a matter of alleged harassment or sexual misconduct even when a complainant does not wish to file a formal grievance. In all cases, students and employees can be assured of a prompt, fair and impartial investigation and resolution.

In the case of an accused student, the incident will be treated like all allegations of misconduct at the University and will use the institution’s conduct investigation and sanction processes as outlined in the Student Handbook.  In the case of accused staff or faculty, the University will use the staff and faculty "standards of conduct and disciplinary action" policy and process as outlined in the staff and faculty employee handbook.

For offenses including sexual misconduct or other gender based violence, which typically include the crimes of domestic violence, dating violence, sexual harassment, sexual misconduct and stalking, sanctions range from warning to expulsion.  Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually result in suspension, expulsion, or termination of employment.  Lying to investigators (and/or failing to participate in an investigation) can result in additional consequences under the Student Code of Conduct.
 
Procedurally, when the University receives a report of sexual misconduct, gender-based violence, or other sex or gender discrimination, the Title IX Coordinator is notified.  If the victim wishes to access local community agencies and/or law enforcement for support the University will assist the victim in making these contacts.  The Title IX Coordinator will offer assistance to victims in the form of interim or long-term measures such as opportunities for academic accommodations; changes in housing for the victim or the responding student; visa and immigration assistance; changes in working situations; assistance with student financial aid; and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, targeted interventions, etc.).  If the victim so desires, that individual will be connected with a counselor on- or off-campus, as well as an on- or off-campus victim’s advocate.  No victim is required to take advantage of these services and resources, but the University provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports and procedures is provided in writing to all victims, whether they are students, employees, guests or visitors.
 
In accordance with federal regulations, the University will complete a prompt, fair, and impartial review, investigation and hearing conducted by trained professionals. A decision will be rendered within a 60-day time period on the basis of the information available using the evidentiary standard of a “preponderance of evidence” (what is more likely than not).
 
The investigation and records of the resolution conducted by the University are maintained confidentially.  Information is shared internally between administrators who need to know.  Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed.  Privacy of the records specific to the investigation is maintained in accordance with Wisconsin law and the federal FERPA statute.  Any public release of information needed to comply with the open crime logs or timely warning provisions of the Clery Act will not include the names of the victim or information that could easily lead to the victim’s identification.  Additionally, the University maintains privacy in relation to any accommodations and/or protective measures.  Irrespective of state law or public records access provisions, information about victims is maintained privately in accordance with Title IX and FERPA.
 
In any complaint of sexual misconduct, sexual assault, stalking, dating violence, domestic violence, or other sex or gender-based discrimination covered under federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities of having a support person of their choice throughout, as well as to fully participate in the process/proceeding, including any meeting, conference, hearing, appeal or other procedural action.  The role of an advisor is limited to consultation with the student or employee involved and is not allowed direct participation in the process beyond that. Both the victim and the respondent will have equal access to the information used during meetings, as well as timely notice of such meetings to ensure their right of full participation. Communications and meetings between University officials and victims concerning accommodations or protective measures are not considered part of the proceeding and will remain confidential.
 
Both the complainant and accused will be simultaneously advised in writing of the outcome/result of the complaint once a decision has been reached.  This will include any initial, interim or final decisions made by the University as well as the rationale for the decision, imposed sanctions (if any) and the process for appeal.
 
As the situation warrants, sanctions up to and including housing or course reassignment, probation, suspension, dismissal or termination will be administered.
 

Appeals

After a decision has been made through the review/grievance process, either the accused or the complainant may file an appeal with a Title IX Coordinator who will engage University leadership in its review. The appeal must be made in writing with specific reasons stated as to why the individual believes an appeal is in order. An appeal must be made within 10 working days from the time the student is notified of the committee’s decision. If no appeal is filed within the stated 10 working day time frame, the decision is considered final. If an appeal is filed, the decision rendered after the initial appeal is final.

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