Sexual harassment will not be tolerated and every effort will be made to eradicate it completely and swiftly. This policy is intended to protect all students and employees from sexual harassment and to continue a comprehensive program of awareness that will address its causes.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and unwelcome verbal and physical conduct or contact of a sexual nature which constitutes harassment when:
- Submission to the conduct is either explicitly or implicitly a term or condition of an individual’s education or employment or
- Submission or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual and/or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic performance or creating an intimidating, hostile or offensive educational or work environment; and/or,
- The effects of such acts limit or deny full and equal participation opportunities or benefits on the basis of gender.
- Examples of sexually harassing behavior
Sexual harassment includes, but is not limited to, a variety of verbal, nonverbal and physical behaviors such as the following:
This behavior includes spoken or written statements of a suggestive nature, insults, jokes, remarks or pictures that are sexual or derogatory to members of a particular gender; sexual propositions including repeated, unwelcome invitations to social engagements; inappropriate inquiries about sexual values or practices; and sexual threats.
This behavior includes sexually insulting and suggestive sounds, leering, gestures, visual displays (including drawings, posters, etc.) and stalking.
Unwanted touching, patting, pinching, hugging, kissing, cornering, standing too close or brushing one’s body are forms of sexual harassment. In its most extreme form, physical harassment includes sexual assault. (See the sexual assault policy).
This situation describes a pattern of unwanted sexual behaviors, verbal or physical, which are intimidating, demeaning, hostile or offensive and make the work or academic environment intolerable to an individual or group of individuals. This situation may constitute sexual harassment even though no direct reward for submission or reprisal for refusal has been indicated.
Intimate relationships between individuals of different institutional status, even when appearing mutual at the onset, have an underlying imbalance in authority that can diminish the subordinate’s freedom of choice. Any employee of Stritch who enters into a sexual relationship with a student or a subordinate, where a differential professional status or power exists, should realize that the nature of the relationship may make it difficult to prove mutual consent in the event of a complaint of sexual harassment.
Since this relationship may become exploitative and harmful, Cardinal Stritch University strongly discourages consenting amorous relationships between an employee and a student or between two employees whenever a direct or indirect supervisory, academic or decision-making responsibility for one of the parties exists. If the student or subordinate is under the age of 18, such a relationship may be legally considered child abuse and the offender subject to civil or criminal charges.
If you think you are being sexually harassed, please contact the Dean of Students at 410-4183 or the Associate Dean of Students at 410-4186 for assistance in resolving the matter. These individuals can assist you in exploring and utilizing any of the options below.
Options for Responding to Sexual Harassment
- Provide verbal or written notice to the alleged harasser.
- Participate in a mediation.
- File a formal grievance.
No matter which option is selected, students are encouraged to keep a written record of the harassment, the date(s) it occurred, and any action taken to try to stop it. Include the names of any witnesses to the harassment. Save any harassing voice mail messages, answering machine messages, emails, notes, pictures, etc.
Write the harasser a letter or arrange a safe, but semi-private location where you can speak to him or her. Let the person know that his/her behavior is unacceptable and must stop immediately. This option is more appropriate for a relatively minor incident in which the harasser may not be aware that the behavior is unwelcome. The Dean or Associate Dean of Students can help you to prepare if you are using this option, and are available to witness a conversation or to help draft a letter. Students who select this option are encouraged to document their efforts and are urged to seek further assistance if the unacceptable behavior continues. In the letter or meeting, describe the offending behavior in specific terms.
Examples:
- "I want to talk to you about the comments you’ve been making about my body. The things you have been saying are inappropriate and I want them to stop immediately."
- "I was uncomfortable when you sat on my lap yesterday. Please don’t do it again."
- "I don’t like how your eyes go up and down my body when you see me. It makes me very uncomfortable. If it happens again, I will report it."
- "You have asked me out three times, even though I’ve told you that I’m involved with someone else. Please do not ask me out again. After this point, I will consider it be to harassment."
Do not hesitate to let the harasser know that if the behavior continues, it will be reported.
The Dean or Associate Dean of Students can arrange a structured mediation. This informal process is designed to help both parties to reach a common understanding and to reach agreement as to future acceptable behavior. Students who select this option are urged to seek additional assistance if the unacceptable behavior continues after the mediation.
To file a formal grievance or complaint, an individual submits a signed written statement explaining the behaviors that are being experienced as harassing. If the individual has kept a log of harassment, or has any other materials that may shed light on the situation, he or she is requested to provide that at the time, too. These latter items are NOT required in order to file a grievance.
A formal grievance will signal the beginning of an investigation, which may result in disciplinary action against the alleged harasser.
A formal complaint should be filed within 30 days after the last harassment incident, 30 days after an unsuccessful mediation, or 30 days after a class, project, or work situation with the accused has concluded. The grievance should be given to the Dean/Associate Dean of Students in cases of alleged student-to-student harassment, or the Director/Assistant Director of Human Resources in the case of alleged harassment by an employee. One of the above individuals will oversee the resolution of the complaint.
During the investigation, the confidentiality of all parties will be respected insofar as it does not interfere with the University’s obligation to conduct a thorough investigation and take corrective actions when necessary or its obligation to cooperate with law enforcement officials. Retaliation against an individual who brings a complaint, participates in an investigation, or pursues a criminal charge is prohibited and subject to disciplinary action. The University reserves the right to investigate and pursue a matter of alleged sexual harassment even when a complainant does not wish to file a formal grievance.
Students filing a formal grievance may select either an administrative resolution process or a sexual harassment/assault grievance committee hearing.
In an administrative resolution process, one of the individuals above will insure that an appropriate investigation occurs, then make a decision and take appropriate action, if any, on the basis of the information discovered during the investigation. The complainant and/or the accused may appeal the decision to the University President, whose decision is final. More information on the appeal process is included below.
The University President will appoint a committee per case composed of the Dean of Students or the Director of Human Resources and two members of the Student Affairs Committee or other members of the University committee deemed necessary, who will hear formal complaints of sexual harassment and assault. Information gathered by the University’s administrative or professional staff pursuant to the need for such a hearing will be turned over to this committee. All complaints will be investigated in a prompt and thorough manner. During the investigation, the confidentiality of all parties will be respected insofar as it does not interfere with the University’s obligation to conduct a thorough investigation and take corrective actions when necessary or its obligation to cooperate with law enforcement officials.
All parties involved in a harassment or assault investigation have the right to choose a support person, who can be a faculty or staff member, family member, or friend, who may be present during the hearing. The hearing will usually be conducted within 15 working days after the committee has been appointed. The role of the support person is limited to consultation with the person for whom they are supporting and does not constitute representation of the person at the hearing. The committee submits its decision to the accused, the complainant, the University President, and the appropriate Vice President. The complainant and/or the accused may appeal the decision to the University President, whose decision is final.
After a decision has been made, by either the administrative process or grievance committee, either the accused or the complainant may file an appeal with the University President. 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. The decision of the University President will be final.
If an appeal is filed, that appeal shall not result in a modification of the decision while the appeal is pending.
Sexual assault is a serious crime that will not be tolerated. Students who are assaulted are urged to promptly report the crime both to the police and to either Campus Security, the Dean or Associate Dean of Students, or the Director or Assistant Director of Residence Life.
Cardinal Stritch University is committed to educating its community of students and employees regarding sexual assault and the rights of the victim, including date and acquaintance rape, and will cooperate fully with the law and law enforcement officials in this process. Students and employees will receive such information through available brochures, workshops and printed materials.
Sexual assault is defined as any sexual contact that is nonconsensual or unwanted, whether by a stranger, a date, or an acquaintance. If one party is incapable of consenting, due to sleep, alcohol or drug use, or other form of incapacitation, sexual contact is, by definition, nonconsensual and constitutes an assault. People under the age of 18 are considered by the law to be incapable of consenting. Sexual contact with them, even when mutually desired, constitutes an assault. Consent cannot be obtained through physical force, threats, intimidation, trickery, or coercion; these constitute a sexual assault. If someone says some equivalent of “no” to sexual activity, and the activity proceeds, a sexual assault has occurred. (Please see the crime prevention section of the handbook for strategies for reducing the risk of sexual assault).
If an individual has been assaulted, s/he should -- as soon as possible -- speak to one or more of the following: the police, campus security, the Dean of Students or Associate Dean of Students, or the Director or Assistant Director of Residence Life. The sooner the assault is reported, the more options are available for victims, the more likely the perpetrator will be held responsible, and the more likely future assaults will be prevented. Students who are assaulted, or accused of assault, are also encouraged to seek assistance and support from the Center for Counseling and Mental Wellness or a comparable community agency.
Whether or not the assault victim chooses to use the University judicial system, s/he is 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 contacting 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.) Take a complete change of clothing with you, as you may provide your clothing as part of the evidence.
- 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.
This review process applies to all Cardinal Stritch University students and employees at university-sponsored events whether occurring on or off campus facilities. Such activities include, but are not limited to, professional meetings, classes, University-sponsored experiential learning situations, seminars, and social/recreational activities.
The following is a guideline for when the review policy is in effect:
- a. A sexual assault involving a student or employee of Stritch and occurring on campus or at an institution sponsored event:
The Stritch judicial system is not designed to process acts of criminal sexual assault utilizing rules of criminal procedure. The complainant will be encouraged to use civil/criminal procedures available to him or her outside of the University. However, where there is cause to believe that the institution’s stated expectations regarding acceptable personal conduct and respect for the human rights of other community members have been violated, Cardinal Stritch University will pursue the matter through its own internal channels in order to ensure a safe, non-hostile environment for the complainant and the institution and, when necessary, invoke disciplinary action including possible expulsion or termination of employment.
- b. A sexual assault involving students or employees of Cardinal Stritch University and occurring off-campus:
At the request of the complainant, Cardinal Stritch University will review the complaint, especially if it occurs between/among two or more members of the Cardinal Stritch University community. The complainant will be encouraged, however, to use civil/criminal procedures available to him/her outside of the University.
- c. A sexual assault occurring on campus between individuals who are unrelated to Cardinal Stritch University:
The University will review incidents on a case-by-case basis and, in their sole discretion, may either accept or decline to initiate a complaint under this process. As stated above, the complainant will be encouraged to use civil/criminal procedures available to him/her outside of the University.
After contacting the police, an individual who has been assaulted is encouraged to contact the Dean or Associate Dean of Students at (414) 410-4183 or (414) 410-4186 as soon as possible. They can be reached after hours or on weekends through University Security, (414) 410-4220.
This office can provide assistance, make referrals, and help the student to identify his or her options. They can also assist students who wish to change their living or classroom situation as a result of the assault.
University employees becoming knowledgeable of such an assault will file an incident report when appropriate with the University and assist the individual in notifying local law enforcement authorities and the appropriate authorities at Stritch. The University will fully cooperate in the individual’s filing of criminal charges against an alleged assailant. Also, at the direction of law enforcement authorities, Cardinal Stritch University will assist in the obtaining, securing and maintaining of evidence potentially needed for prosecution.
Submit a signed written statement to the Dean or Associate Dean of Students. If the alleged perpetrator is an employee, submit the complaint to the Director or Assistant Director of Human Resources.
Following the individual’s submission of a signed written statement, a University administrator or professional staff member -- under the guidance of the Dean of Students or the Director of Human Resources -- shall investigate the alleged incident. During this review and hearing process, every reasonable effort will be made to shield the victim from unwanted contact with the alleged assailant. Safety, privacy, and support will be offered to any complainant of sexual assault.
Complainants may choose between an administrative review process or a sexual assault/harassment committee review process.
In the administrative review process, the Dean or Associate Dean of Students in the case of an accused student, and the Director or Assistant Director of Human Resources in the case of an accused employee, will investigate the allegations. Retaliation against an individual who brings a complaint, participates in an investigation, or pursues a criminal charge is prohibited and subject to disciplinary action. The University reserves the right to investigate and pursue a matter of alleged sexual assault even when a complainant does not wish to file a formal grievance.
In the case of an accused student, the incident will be treated like any other allegation of misconduct. An investigation will be conducted and a decision rendered on the basis of the information available. Sanctions up to and including suspension and expulsion may be administered. In the case of an accused employee, it will be treated as any other allegation of employee misconduct. If the situation warrants, sanctions up to and including reassignment or dismissal will be administered. The complainant and/or the accused may appeal the decision to the University president, whose decision is final.
The University President will appoint a committee per case composed of the Dean of Students or the Director of Human Resources and two members of the Student Affairs Committee or other members of the University community deemed necessary, who will hear formal complaints of sexual assault and harassment. Information gathered by the University’s administrative or professional staff pursuant to the need for such a hearing will be turned over to this committee. All complaints will be investigated in a prompt and thorough manner. During the investigation, the confidentiality of all parties will be respected insofar as it does not interfere with the university’s obligation to conduct a thorough investigation and take corrective actions when necessary or its obligation to cooperate with law enforcement officials.
All parties involved in an assault or harassment investigation have the right to choose a support person from the University community, faculty member, family member, or friend, who may be present during the hearing. The hearing will usually be conducted within 15 working days after the committee has been appointed. The role of the support person is limited to consultation with the person for whom they are supporting and does not constitute representation of the person at the hearing. The committee submits its decision to the accused, the complainant, the University President, and the appropriate Vice President. The complainant and/or the accused may appeal the decision to the University president, whose decision is final.
After a decision has been made, by either the administrative process or grievance committee, either the accused or the complainant may file an appeal with the University President. 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. The decision of the President will be final.
If an appeal is filed, that appeal shall not result in a modification of the decision while the appeal is pending.
All universities are required to annually publish the number of incidents of certain campus crimes, including sexual assault. The anonymous information from students who file a report with the University are already included, and reflected within the crime statistics. Students who are sexually assaulted but have not filed a report may also be included in Stritch’s report by contacting the Counseling Department or one of the Campus Ministers and making this request.
Additional assistance at Cardinal Stritch University and community referral information are available in the resources listed in the afore-stated section on Alcohol and Other Drug Policy. Free brochures developed by the University’s Counseling/Health Services Department, "Sexual Assault, It’s a Campus Crime," "Sexual Harassment: What is it? Who suffers? What can I do? Who will help?", "Cardinal Stritch University Counseling Services Program and Referral Guide for Faculty and Staff," are also widely distributed and can also be obtained by contacting the Dean of Students Office or the Counseling/Health Services Office.
In 1976, the Wisconsin Legislature passed a law allowing monetary compensation for crime victims and in 1980 created a 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 may 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
Additional assistance at Cardinal Stritch University and community referral information are available through the regional Student Services director, Counseling/Health Services and the Dean of Students Office in the resources listed in the afore-stated section on Alcohol and Other Drug Policy. Free brochures are also widely distributed and can also be obtained by contacting one of the aforementioned individuals.
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. A copy of these rights can be obtained from the Region III Director of Student Services office at (800) 878-7482.
Victims of crime in Minnesota are also entitled to services 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.
- The Crime Victims Reparations Board that helps crime victims with some of their financial losses: (800) 652-9747. This office should be contacted as soon as possible after reporting the incident to the police.