Sexual harassment, sexual assault, domestic and dating violence, stalking, and retaliation of any form are an affront to human dignity and fundamentally at odds with the Mission, Vision and Core Values of Cardinal Stritch University. The University, in relation to its ongoing responsibility to maintain an environment free from harassment and sexual misconduct, is committed to taking all appropriate steps to eliminate prohibited conduct, prevent its recurrence, and address its effects. The University also is committed to taking those steps designed to foster a climate free from sexual misconduct, including through the development and implementation of clear, effective and consistently applied policies, a coordinated education and prevention program, and prompt and equitable procedures for resolution of complaints that are accessible to all. The University encourages all members of the Stritch Community to participate in creating a safe, welcoming, and respectful environment on campus and in all University-sponsored program and activities. Each member of the community is expected to assume responsibility for his or her own conduct, to report behaviors that may violate this policy, and to take reasonable and appropriate actions to prevent or stop acts of sexual misconduct.
This policy prohibits a broad continuum of behaviors, all of which constitute a form of sexual and/or gender-based harassment or discrimination, sexual assault or relationship violence. In general, sexual assault means unwanted touching and physical sexual acts perpetrated without effective consent. Relationship violence means any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person. Prohibited conduct that may violate this policy includes sexual harassment, sexual assault, sexual exploitation, domestic and dating violence, retaliation, and stalking.
Please Note: this document may use the term sexual misconduct to refer to any or all of those prohibited behaviors.
The University will respond immediately to all complaints of sexual misconduct, assessing the severity or pervasiveness of the offense and the threat it poses to the Stritch community. Individuals who are found responsible will face disciplinary sanctions up to and including dismissal from the University and/or termination of employment with the University.
The University will not tolerate retaliation, in any form or at any time, by anyone, against an individual who makes a report, participates in a resolution process, or assists as a bystander to stop sexual misconduct. Retaliation, whether actual or threatened, has the effect of destroying the sense of community and trust that is central to sustaining a quality environment at the University. Accordingly, any employee who engages in retaliation will be subject to disciplinary action, up to and including dismissal from the University and/or termination of employment with the University, no matter whether such acts are implicit or explicit, or committed directly or indirectly.
The University will make every reasonable effort to immediately stop any form of retaliation, to conduct a complete and thorough investigation of alleged acts of retaliation in a timely manner, to provide remedies to victims of retaliation, and to sanction the perpetrators of retaliation as appropriate.
This policy applies to all members of the Stritch community, including students, faculty and non-faculty employees, consultants, volunteers, vendors, and others engaged in business with the University. Visitors to, and guests of, the University are not only protected by this policy but are also subject to its restrictions. Visitors and guests may initiate grievances for violations of this policy committed against them by members of the University community. Visitors and guests also may be permanently forbidden from entering any part of the campus or having contact with University members as a result of a violation of this policy.
All Stritch community members have an ongoing responsibility to adhere to University policies, as well as to local, State, and federal law. This policy applies to behaviors that take place on the campus, at University-sponsored events, and in the course of University-related travel and off campus programs, including but not limited to domestic academic programs, domestic field trips, domestic spring term coursework, study-abroad programs, internship programs and work-related conferences. This policy also applies to other off-campus conduct when such conduct is likely to have a substantial adverse effect on, or poses a threat of danger to, any member of the University community or the University itself.
This policy will apply to conduct that takes place from the time a person accepts enrollment as a student, accepts employment or volunteer duties, including the period breaks between academic terms; and continues until the student withdraws or graduates or until the employee ceases employment or a volunteer ceases to act on behalf of the University.
This policy also applies to behavior conducted online, including via e-mail. Blogs, web page entries, social media sites, and other similar online postings are in the public sphere and are not private. These postings can subject a community member to allegations of conduct violations. The University does not regularly search for this information, but may take action if and when such information is brought to the attention of University officials.
The University is fully committed to the establishment and maintenance of a safe and nondiscriminatory educational and work environment in which all individuals are treated with respect and dignity. Such a commitment is conversant with the University’s Mission, Vision and Core Values. Accordingly, the University will take all necessary steps to ensure full compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and all other applicable laws and regulations that preclude discrimination on the basis of race, color, religion, national or ethnic origin, sex, sexual orientation, age, disability, veteran’s status, or genetic information in its educational programs and activities, admissions, and with regard to employment.
This policy addresses all forms of sexual discrimination, including sexual harassment, sexual assault, stalking, and relationship violence. It prohibits such behaviors against members of the Stritch community of any gender, gender identity, gender expression, or sexual orientation. This policy also prohibits failure to provide equal opportunity in admissions, employment, or athletics; reports of these types of discrimination should also be brought to the attention of a Title IX officer and will be addressed as appropriate.
Sex discrimination, as prohibited by Title IX of the Education Amendments of 1972, provides that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Sexual harassment also is prohibited under Title VII of the Civil Rights Act of 1964, Wisconsin State law, and other applicable statutes.
The University, as an educational community, will promptly and equitably respond to reports of sexual harassment, sexual assault, domestic and dating violence, stalking, and retaliation in order to eliminate the misconduct, prevent its recurrence, and address its effects on any individual or the community.
The President has appointed Tracy Fischer at the Title IX Coordinator to serve as the University’s Title IX Coordinator. She will be informed of all reports of sexual misconduct and will oversee the University’s review, investigation, and resolution of those reports to ensure the University’s compliance with Title IX and other applicable laws and the effective implementation of this policy. The Title IX Coordinator is responsible to:
- Oversee the development of all reports of sexual misconduct involving students, staff, and faculty, as well as volunteers and third parties.
- Ensure that he/she and Assistant Title IX Coordinators are knowledgeable and trained in University policies and procedures and relevant state and federal laws.
- Advise any individual, including a complainant, a respondent, or a third party, about the courses of action available at the University, both informally and formally, and in the community.
- Provide assistance to any University employee regarding how to respond appropriately to a report of sexual misconduct.
- Monitor compliance with all procedural requirements, record keeping and time frames outlined in this policy.
- Oversee training, prevention and education efforts, and reviews of climate and culture.
- Conduct and/or oversee investigations of complaints against students.
The Title IX Coordinator is supported by a Deputy Title IX Coordinator for Employment and Director of Human Resources, and a Deputy Title IX Coordinator and Dean of Students. Inquiries or complaints concerning the application of Title IX may be referred to the University’s Title IX Coordinator and/or the United States Department of Education:
Title IX Coordinator
Ms. Tracy Fischer, Vice President for Student Affairs
6801 N Yates Rd
Milwaukee, WI 53217
(414) 410-4266
tafischer@stritch.edu
U.S. Department of Education
Office for Civil Rights
ocr@ed.gov or 800-421-3481
Additional information about the federal laws referenced in this policy—Title IX; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act); the Campus Sexual Violence Elimination Act (Campus SaVE Act); and the Family Educational Rights and Privacy Act (FERPA)—can be found at the following links:
- Title IX
- http://www.dol.gov/oasam/regs/statutes/titleix.htm
- http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
- Clery Act
- http://cleryact.info/home.html
- FERPA
- http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
- Campus SaVE Act
- http://www.cleryact.info/campus-save-act.html
The University is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. Accordingly, the University will make every effort to protect the privacy of all individuals involved in a manner consistent with the need for a careful assessment of the allegation and any necessary steps to eliminate the harassment, prevent its recurrence, and address its effects.
Privacy and confidentiality have distinct meanings under this policy.
Privacy refers to that information which is related to a report of misconduct, and which will be shared only with a limited circle of individuals, such as those University employees who have a need to know in order to assist in the active review, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be expected to exercise discretion and respect for the privacy of all individuals involved in the process. University employees who have a legitimate need to know about individual conduct complaints, pursuant to the Family Educational Rights and Privacy Act (FERPA), will be involved in the process and will share information accordingly.
Confidentiality refers to that information which is shared by an individual with designated campus or community professionals and cannot be revealed to any other person without the express permission of the individual. Professionals, including but not limited to, medical providers, mental health providers, ordained clergy, and off-campus rape crisis counselors, who are acting in their assigned roles, will be expected to maintain the level of confidentiality required under law and the ethics of their profession. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others, or unless the conduct involves suspected abuse of a minor under the age of 18.
Community members wishing to seek completely confidential assistance may speak with counselors in the Counseling Center, health service providers in the Campus Health Center, local health providers, off-campus rape crisis resources, counseling resources available to employees through the Employee Assistance Program, or members of the clergy, all of whom will maintain confidentiality in accordance with the roles they occupy and the duties assumed in those roles.
Please Note: According to guidance from the Office for Civil Rights, a “responsible employee” on campus is any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator, or other appropriate University designee; or who a student could reasonable believe has this authority or duty.
The University will make clear to all employees and students which members of the staff are responsible employees so that students can make informed decisions about whether to disclose information to any one of them. Before a student reveals information that he/she may wish to keep confidential, a responsible employee must make every effort to ensure the student understands that it is: (a) the employee’s obligation to report the names of the alleged perpetrator and student involved in the alleged sexual violence, as well as relevant facts regarding the alleged incident to the Title IX Coordinator or other appropriate officials; (b) the student’s option to request that the University maintain the student’s confidentiality, which the University will consider; and (c) the student’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual assault related services.
It is critical to understand that any University employee who is not designated as a confidential resource cannot maintain the confidentiality of a report or information concerning an alleged violation. All employees are instructed to share a report of sexual misconduct with a Title IX Coordinator.
If a report of misconduct suggests a serious and immediate threat to the campus community, the University will issue a timely notification to the community to protect its health or safety. The University also may share information, which is not personally identifying, about reports received in aggregate form, including data about outcomes and sanctions. The University will never release the name of the complainant to the general public without the express consent of the complainant, or as otherwise permitted or required by law.
Pursuant to, and required by the Clery Act, anonymous statistical information must be shared with Public Safety. Annual Clery reporting to the U.S. Department of Education is required of educational institutions for certain offenses that have been reported at campus locations or certain off-campus locations controlled by the institution. The information contained in the Clery report tracks the number of Clery-reportable offenses that have occurred at such locations, but does not include the names or any other personally identifiable information about the persons involved in the incident.
The University reserves the right to notify the parents or guardians of students regarding any conduct situation, particularly disciplinary probation, loss of housing, suspension, and dismissal, in accordance with law.
All University proceedings will be conducted in compliance with the requirements of Title IX, the Clery Act, the Campus Sexual Violence Elimination Act (Campus SaVE Act), FERPA, state and local law, and University policy. Links to these federal laws are provided in Section III of this policy.
No information shall be released from proceedings under this policy except as required or permitted by law and by University policy.
The University prohibits and will not tolerate sexual misconduct in any form. Such violations will be subject to severe sanctions, including suspension, dismissal, or termination of employment.
The following behaviors fall under the broad definition of sexual misconduct, and are strictly prohibited:
- Sexual Harassment
- Non-Consensual Sexual Intercourse
- Non-Consensual Sexual Contact
- Sexual Exploitation
- Relationship Violence
- Domestic Violence
- Dating Violence
- Stalking
- Retaliation
Sexual harassment is any unwelcome conduct of a sexual nature (sexual advances, request for sexual favors, or other unwanted verbal or physical conduct of a sexual nature); or unwelcome conduct based on sex, sexual orientation, gender identity, or gender expression, when one or more of the following conditions are present:
- Submission to the unwelcome conduct is an expressed or implied condition of an individual’s employment, evaluation of academic work, or any aspect of a University program or activity.
- Refusal to submit to unwelcome conduct resulted in a tangible academic or employment detriment.
- The unwelcome conduct unreasonably interferes with an individual’s work or academic performance, or creates an intimidating or hostile academic or work environment under both an objective (a reasonable person’s view) and subjective (the complainant’s view) standard.
Sexually harassing behaviors differ in type and severity and can range from verbal harassment to unwelcome physical contact. A wide range of behaviors falls within the general definition of sexual harassment. The key determining factors are: (a) the behavior is unwelcome; (b) the behavior is gender-based or of a sexual nature; and (c) the behavior is reasonably perceived as offensive and objectionable under both a subjective and objective assessment of the conduct.
A single, isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical. The determination of whether an environment is hostile must be based on all the circumstances. These circumstances include, but are not limited to:
- Frequency of the conduct
- Nature and severity of the conduct
- The conduct was physically threatening
- The conduct was directed at more than one person
- The conduct arose in the context of other discriminatory conduct
- Whether the statement was a mere utterance of an epithet that engendered offense in an employee or a student, or constituted discourtesy or rudeness
- Whether the conduct deserves the protections of academic freedom.
- May be blatant and intentional and involve an overt action, a threat, or a reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.
- Need not include intent to harm, be directed at a specific target, or involve repeated incidents.
- Harassment can occur in any context and may be committed by anyone, regardless of gender, age, position, or authority.
- May be committed by a stranger, an acquaintance, or someone with whom the complainant has an intimate or sexual relationship.
- May be committed by or against an individual, or may be a result of the actions of an organization or group.
- May occur by or against an individual of any sex, gender identity, gender expression, or sexual orientation.
- May occur in the classroom, in the workplace, in residential settings, over electronic or social media (including the Internet, telephone, and text), or in any other setting.
- May be a one-time event or part of a pattern of behavior.
- May be committed in the presence of others or when the parties are alone.
Examples of conduct that may constitute sexual harassment as defined above may include a severe, persistent, or pervasive pattern of unwelcome conduct that includes one or more of the following:
- Physical conduct:
- Unwelcome touching, sexual/physical assault, impeding, restraining, or blocking movements
- Unwanted sexual advances
- Verbal conduct:
- Making or using derogatory comments, epithets, slurs, or humor
- Verbal abuse of a sexual nature; graphic verbal commentaries about an individual's body; sexually degrading words used to describe an individual; suggestive or obscene letters, notes, or invitations
- Offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes
- Visual conduct:
- Leering; making sexual gestures; displaying suggestive objects or pictures, cartoons, or posters in a public space or forum
- Severe, persistent, or pervasive visual displays of suggestive, erotic, or degrading, sexually oriented images that are not pedagogically appropriate
- Written conduct: letters, notes or electronic communications, including social media, containing comments, words, or images described above
- Quid Pro Quo conduct:
- Direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists
- Offering employment benefits in exchange for sexual favors
- Making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose
- Making or threatening reprisals after a negative response to sexual advances
Having sexual intercourse with another individual without effective consent.
Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth-to-genital contact.
Having sexual contact with another individual without effective consent.
Sexual contact includes any intentional, non-accidental, and non-consensual touching of the intimate parts of another, causing another to touch one's intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner.
Taking advantage of the sexuality of another person without effective consent or in a manner that extends the bounds of effective consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, personal benefit, or any other non-legitimate purpose.
Examples of sexual exploitation include:
- Observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved.
- Non-consensual streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved.
- Prostituting another individual.
- Inducing incapacitation for the purpose of making another person vulnerable to non- consensual sexual activity.
Relationship violence is often referred to as dating violence, domestic violence, or intimate partner violence.
Domestic violence means a felony or misdemeanor crime of violence against a person committed by:
- A current or former spouse or intimate partner of the victim.
- A person with whom the victim shares a child in common.
- A person who is cohabitating with or has cohabitated with the victim as a spouse, intimate partner or roommate.
- A person similarly situated to a spouse of the victim under the domestic or family violence laws of Wisconsin.
- 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 Wisconsin.
Dating violence means violence committed by a person:
- Who is or has been in a social relationship of a romantic or intimate nature with the victim.
- Where the existence of such a relationship is determined by (a) the length of the relationship; (b) the type of relationship; and (c) the frequency of interaction between the persons involved in the relationship.
Relationship violence may involve one act or an ongoing pattern of behavior. Relationship violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation, and does not discriminate by racial, social, or economic background.
The University will not tolerate relationship violence of any form, and recognizes that sexual harassment, sexual assault, stalking, and retaliation are forms of relationship violence when they are committed by a person who is, or has been, involved in a sexual, dating, or other social relationship of a romantic or intimate nature with the complainant.
Stalking means engaging in a course of physical conduct directed at a specific person that would cause a reasonable person to:
- Fear for his or her safety or the safety of others.
- Suffer substantial emotional distress.
Stalking also includes the concept of cyber-stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome and unsolicited contact with another person. Examples of stalking may include:
- Unwelcome and repeated visual or physical proximity to a person;
- Repeated oral or written threats.
- Unwelcome and/or unsolicited written communications, including letters, cards, e-mails, instant messages, and messages on online bulletin boards.
- Unwelcome and/or unsolicited communications about a person, their family, friends, or co-workers.
- Implicitly threatening physical conduct or any combination of these behaviors directed toward an individual person.
Retaliation involves conduct designed to seek retribution from any individual, or group of individuals, involved in the investigation or resolution of a report, or who engaged in bystander intervention of sexual misconduct. Forms of retaliation include, but are not limited to physical/verbal abuse or violence, threats, and intimidation that occur in person, in some tangible medium or electronically. Any individual, or group of individuals, including a complainant or respondent, who engage in any form of retaliation will be held fully accountable under applicable University policies and procedures.
Actions are considered retaliatory if they:
- Occur in response to a good faith disclosure of real or perceived University-related misconduct, participation in an investigation of University-related misconduct, engaging in bystander intervention of sexual misconduct.
- Have a materially adverse effect on the working, volunteering, academic, or University- controlled living environment of an employee, volunteer or student; or if the faculty member, employee, volunteer or student can no longer effectively carry out his/her University responsibilities.
Individuals who choose to engage in sexual activity of any type with each other must first obtain consent. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity.
- Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity.
- Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Consent may not be inferred from silence, passivity, lack of resistance, or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity cannot be presumed to be giving consent.
- A verbal “no” is a clear demonstration of the lack of consent.
- Either party may withdraw consent at any time. Withdrawal of consent should be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
- Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of an ongoing relationship, there must be a mutual understanding, which is actually communicated, that clearly indicates a willingness to engage in sexual activity.
- The responsibility of obtaining consent rests with the individual who initiates sexual activity. Prior to engaging in sexual activity, each participant should ask himself or herself the question, “Has the other person consented?” If the answer is “No” or “I’m not sure,” then consent has not been demonstrated and does not exist. An individual who initiates sexual activity should be able to explain the basis for his/her belief that consent existed.
- Consent is not effective if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to have sexual contact.
- An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily) or is asleep, unconscious, unaware, or otherwise physically helpless is considered unable to give consent. See “Incapacitation” for further discussion.
Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity.
Coercion is the use of unreasonable and persistent pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion may be emotional, intellectual, psychological, or moral. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.
Examples of coercion include threatening to disclose another individuals’ private sexual information related to sexual orientation, gender identity, or gender expression, and threatening to harm one’s self if the other party does not engage in the sexual activity. Coercing an individual into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity.
An individual who is incapacitated lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation is defined as the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring.
When alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be incapacitated include slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, or emotional volatility.
An individual who engages in sexual activity with someone the individual knows, or reasonably should know is incapable of giving knowing consent, is in violation of this policy.
Sexual contact while under the influence of alcohol or other drugs is considered to be risky behavior, since alcohol and drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. Therefore, it is especially important that anyone seeking to engage in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.
Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct, and does not diminish one’s responsibility to obtain informed and freely given consent.
Any individual may file a complaint alleging harassment or bias, including an aggrieved party outside the relationship affected by the perceived harassment or bias. Retaliation against persons who report concerns about consensual relationships is prohibited and constitutes a violation of this policy.
Though the University recognizes that taking action to make a report and choosing how to proceed can be difficult following an incident of sexual misconduct, individual victims of such misconduct are strongly encouraged to pursue the use of any and all medical, local law enforcement and University reporting resources available. Campus and community resource professionals can provide important information about available resources and procedural options, as well as necessary assistance, regardless of when or where the incident occurred.
The first priority for any individual should be personal safety and well-being. The University encourages all individuals who have experienced sexual misconduct to seek assistance by contacting the University’s Office of Public Safety, calling 911, contacting local law enforcement, and/or visiting a medical facility immediately after an incident of sexual misconduct.
All individuals are encouraged to make a report to law enforcement and/or to seek immediate medical treatment as soon as possible following an incident in order to provide professionals the opportunity to address immediate safety concerns and allow for the preservation of evidence for use in an investigative response. The University will assist in these reporting options by arranging for, or providing transportation to, the hospital, coordinating with local law enforcement (including assisting with filing a police report and obtaining a protective order), and informing a complainant about the University’s resources and complaint processes.
In the event of an emergency, individuals may obtain 24-Hours support from any of the following:
For individuals who are seeking confidential consultation, several resources provide confidential support, both on campus and in the local community. The trained professionals designated below can provide counseling, information, and support under legally protected confidentiality. Because these relationships involve privileged conversations, these confidential resources will not share information about a patient/client (including whether or not that individual has received services) with the Title IX Coordinator or any other employee of the University without the individual’s express written permission. They may, however, submit non-identifying information about the incident for purposes of making a statistical report under the Clery Act.
Students wishing to obtain confidential support or resources on campus are encouraged to contact the University Counseling Center. The Center is staffed by psychological professionals who are bound by separate laws of confidentiality and will not share the report with other members of the University under most circumstances (excluding, for example, circumstances that give rise to an imminent safety concern).
- University Counseling Center: Counseling Services – (414) 410 - 4097
- Employee Assistance Program (EAP) – (888) 628 - 4824
- 24-hour sexual assault hotline - (800) 656 - 4673
- State of Wisconsin Domestic & Sexual Violence Hotline
- National Domestic Violence Hotline (NDV) - (800) 799-7233 (SAFE)
The National Domestic Violence Hotline can provide advocacy, resources, referral, and legal assistance to victims of relationship violence. The hotline is under no obligation to notify the University when providing services to students. The link to the hotline is: http://www.thehotline.org/
- Rape, Abuse and Incest National Network (RAINN) - (800) 656-4673. This is a confidential, anonymous national sexual assault hotline. https://rainn.org/
As stated earlier, the University strongly encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual violence or relationship violence, whether or not the individual plans to pursue criminal action. By doing so, law enforcement and/or the University is better able to ensure preservation of evidence and to begin a timely investigative response.
Making a report means telling a responsible party (e.g., Title IX Coordinator or the Deputy Title IX Coordinators) what happened, no matter whether that is in person, by telephone, in writing, or by e-mail.
At the time a report is made, a complainant does not have to decide whether or not to request any particular course of action, nor does a complainant need to know how to label what happened. Those decisions can be made over time with the support of the University, and to the extent that is legally possible and appropriate. The University will respect an individual’s autonomy in deciding how to proceed and will balance the individual’s interests in relation to its ongoing obligation to provide a reasonably safe and non-discriminatory environment for all members of the University community.
Please Note: Any individual who reports sexual misconduct should be assured that the University will investigate all reports and resolve them in a timely, fair and impartial manner. All individuals involved can expect to be treated with dignity and respect. In every report, the University will make an immediate assessment of any risk of harm to the University or to the broader campus community and will address those risks, including taking interim measures to provide for the safety of the individual and the campus community.
The University encourages complainants to pursue criminal action for incidents of sexual misconduct that may also be crimes under State of Wisconsin criminal statutes. Upon request from the complainant, the University will assist with contacting local law enforcement, filing a report, obtaining a protective order and cooperating with law enforcement agencies if a complainant decides to pursue the criminal process.
Please Note: A complainant may seek resolution through the University’s complaint process, may pursue criminal action, or may choose both. Law enforcement’s determination regarding whether or not to prosecute an alleged perpetrator will
not determine whether the University investigates the matter and/or determines that sexual misconduct has occurred under this policy.
All Stritch Community members should report all incidents of sexual misconduct or retaliation directly to the Title IX Coordinator or the Deputy Title IX Coordinators identified in this policy.
The University recognizes that a student or employee may choose to report to any employee of the University. For example, a student may choose to confide in an associate dean, a resident assistant, a faculty member, a director, or a coach. Similarly, an employee may choose to confide in a supervisor or a colleague. No Stritch employee may promise confidentiality (except in Counseling Services), and all Stritch employees are expected to share such information with the Title IX Coordinator or the Deputy Title IX Coordinators.
The University has identified certain groups of employees as “Responsible Employees” for purposes of complaints of sexual misconduct. These employees are the same as those identified as “Campus Security Authorities” in the University’s annual Campus Security Report. As indicated below, each of these employees has the authority to receive complaints of sexual misconduct and ensure that timely follow-up, including investigations, occurs:
- Title IX Coordinator and the Deputy Title IX Coordinator(s)
- Director and Officers of Public Safety
The following, additional employees must report complaints of sexual violence or student sexual misconduct to a Title IX Coordinator.
Please Note: The positions noted below are considered to be “responsible employees” positions for reporting purposes because students may reasonably believe them to have authority to redress or a duty to report complaints of sexual misconduct:
- Athletic Director, Associate and Assistant Athletic Directors
- Athletic Team Coaches, Assistant Coaches, and Athletic Trainers
- Faculty and staff accompanying students on off-campus programs or other University-related trips, within and outside the United States
- Faculty Department Chairs and Program Chairs
- Resident Assistants/Advisors
- Peer Ministry Advisors
The Director of Human Resources, as the Deputy Title IX Coordinator for Employment, can assist faculty and staff requesting information, resources, and reporting options, and can facilitate informal resolution of complaints, where appropriate. The Office of Human Resources also can assist faculty and staff with requesting workplace interim measures during the investigation or other resolution of a complaint.
Students can report incidents directly to the Dean of Students, or to a member of the Student Affairs professional staff. The Office of Student Affairs can assist with informal resolution of complaints, where appropriate, as well as assisting with academic concerns, changes in housing, or other interim measures. The Office of Student Affairs will be able to connect students to on- and off-campus resources.
Please Note: The Office of Public Safety is available to receive reports of incidents of sexual misconduct 24 hours a day, 7 days a week, and 365 days a year. A member of the Office of Public Safety will be able to arrange transportation to the local hospital, to meet with local law enforcement, and to meet a member of the Office of Student Affairs.
An individual may make an anonymous report concerning incidents of sexual misconduct to any of the individuals identified in this policy. Depending on the extent of information available about the incident or the individuals involved, however, the University’s ability to respond to an anonymous report may be limited. The Title IX Coordinator or one of the Deputy Title IX Coordinators will review the anonymous report and determine appropriate steps, including individual or community remedies, as appropriate and in compliance with all Clery Act obligations.
All members of the Stritch Community are encouraged to take reasonable and timely actions to prevent or stop an act of sexual misconduct. Taking action may include (a) direct intervention when safe to do so; (b) enlisting the assistance of friends; (c) contacting law enforcement; and/or (d) seeking assistance from a person in authority. Community members who choose to assist under these circumstances will be supported by the University and will be protected from retaliation.
Complainants and third-party witnesses are encouraged to report sexual misconduct as soon as possible in order to maximize the University’s ability to respond promptly and effectively. However, there is no time limit on reporting violations of this policy. If the respondent is no longer a student or employee, the University may not be able to take disciplinary action against the respondent; however, the University will still seek to meet its Title IX obligation by providing support for a complainant and taking steps to end the harassment, prevent its recurrence, and address its effects.
An incident need not occur on campus to be reported to the University. Off-campus conduct that occurs in connection with University programs or events also may be covered, including off-campus conduct that may (a) have a substantial effect on the complainant’s on-campus life and activities; (b) pose a threat or danger to the members of the Stritch community; or (c) adversely impact University interests.
It is in the best interest of this community that all individuals who have been the subject of sexual misconduct report that behavior as soon as possible to identified University officials, and that witnesses share what they know. In order to encourage timely reporting, the University desires to remove any/all perceived barriers. Accordingly, an individual who reports sexual misconduct, either as a complainant or a third-party witness, will not be subject to disciplinary action by the University for his or her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk.
The University takes the validity of information it receives and upon which it can act very seriously, especially because a subsequent charge of sexual misconduct has severe consequences. This provision does not apply to reports made in good faith, even if the facts alleged in the report are not substantiated by an investigation. However, a complainant who makes a report that is later found to have been intentionally false or made maliciously without regard for truth will be subject to disciplinary action under the appropriate University policy. The filing of a false report also may violate State of Wisconsin criminal statutes and civil defamation laws. Anyone who is later proven to have intentionally given false information during the course of an investigation or disciplinary hearing be subject to disciplinary action.
On numerous occasions, minor children will be on campus to engage in academic programs or activities, summer sports camps, visit enrolled siblings, and the like. For the purposes of this policy, a minor child is any individual under the age of 18.
The University will act quickly regarding all suspected child abuse and will report such abuse or neglect, including sexual assault, to law enforcement and/or to the State of Wisconsin Department of Children and Families. The child abuse and neglect hotline is (414) 220-SAFE. Suspected abuse may involve physical, sexual, or other forms of abuse or neglect, regardless of the identity of the suspected perpetrator.
The duty to report is triggered by reasonable suspicion or belief. There is no requirement that one has actual evidence of abuse, nor is it the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of child protective services and law enforcement authorities, those individuals and/or agencies that are best positioned to do so.
A report should be made as follows:
- If a child is in immediate danger, call the police (911).
- If there is no immediate danger, call the Office of Public Safety at (414) 410-4220. Public Safety then will assist in making the mandated reported to the State’s child protective services.
Upon receipt of a report of sexual misconduct, the University will impose reasonable and appropriate interim measures designed to eliminate the reported hostile environment, prevent its recurrence, and remedy its effects. The University will maintain ongoing contact with the parties to ensure that all concerns of safety and emotional and physical well-being are being addressed. Interim measures may be imposed, regardless of whether formal disciplinary action is sought by the complainant or the University, in order to ensure the preservation of the complainant’s educational, work or volunteer experience and the overall University environment.
A complainant or respondent may request separation or other protection, or the University may choose to impose interim measures at its discretion to ensure the safety of all parties, the broader University community, and/or the integrity of the investigative and/or resolution process.
Potential interim measures, which may be applied to the complainant and/or the respondent to the extent reasonably available and warranted by the circumstances, include:
- Access to counseling services and assistance in setting up initial appointment, both on and off campus
- Imposition of an on-campus no-contact directive
- Rescheduling of exams and assignments
- Providing alternative course-completion options
- Change in class schedule, including the ability to transfer course sections or withdraw from a course without penalty
- Change in work schedule or job assignment
- Change in student’s University-controlled housing
- Assistance from University support staff in completing housing relocation
- Limitation on an individual’s or organization’s access to certain University facilities or activities pending resolution of the matter
- Voluntary leave of absence
- Providing an escort to ensure safe movement between classes and activities
- Providing medical services
- Providing academic support services, such as tutoring
- Interim administrative leave of absence
- Any other remedy that can be tailored to the involved individuals to achieve the goals of this policy.
If the Title IX Coordinator determines it is advisable, an interim administrative leave of absence may be imposed on a student who is suspected of violating this policy
. In addition, this type of interim administrative leave of absence may be used to preserve University property; pursue an investigation and/or hearing; and prevent disruption of, or interference with, the normal operations of the University. Interim administrative leave of absence will be used for short periods of time pending resolution of a report.
During an interim administrative leave of absence, a student may be denied access to University housing. Further, this restriction includes classes and/or all other University activities or privileges for which the student might otherwise be eligible.
At the discretion of the Title IX Coordinator, and following consultation with other appropriate University officials, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the respondent.
Similarly, to protect the health and safety of the community, the University may impose a similar interim administrative leave with pay for any employee that is under investigation for a violation of this policy.
Upon receipt of a report, the University will conduct an initial Title IX assessment. The goal of this assessment is to provide an integrated and coordinated response to reports of sexual misconduct. The assessment will consider the nature of the report, the safety of the alleged victim of the sexual misconduct and of the campus community, the complainant’s expressed preference for resolution, and the necessity for any interim remedies or measures to protect the safety of the complainant or the community.
Following this assessment, the University may (a) seek a resolution that does not involve disciplinary action against a respondent; or, (b) initiate an investigation to determine if a hearing is warranted. The goal of the investigation is to gather all relevant facts and determine if there is sufficient information to support a charge against a respondent.
As part of the initial assessment of the facts, the University will:
- Assess the nature and circumstances of the allegation
- Address immediate physical safety and emotional well-being of the complainant
- Notify the complainant of the right to contact law enforcement and seek medical treatment
- Notify the complainant of the importance of preservation of evidence
- If applicable, enter the report into the University’s daily crime log
- Assess the reported conduct for the need for a timely warning under the Clery Act
- Provide the complainant with information about on- and off-campus resources
- Notify the complainant of the range of interim measures and remedies
- Provide the complainant with an explanation of the procedural options, including remedies- based resolution and disciplinary resolution
- Assess for pattern evidence or other similar conduct by respondent
- Discuss the complainant’s expressed preference for manner of resolution and any barriers to proceeding
- Explain the University’s policy prohibiting retaliation.
The initial review will proceed to where a reasonable assessment of the safety of the individual and of the campus community can be made, and where the University has sufficient information to determine the best course of action.
At the conclusion of the Title IX Assessment, the Title IX Coordinator, in coordination with others as necessary, will determine the appropriate manner of resolution.
The determination regarding how to proceed will be communicated to the complainant in writing. Depending on the circumstances and requested resolution, the respondent may or may not be notified of the report or manner of resolution. A respondent will be notified when the University seeks action that would impact a respondent, such as protective measures that restrict the respondent’s movement on campus or the decision to involve the respondent in remedies-based resolution.
Please Note: Where appropriate and possible, the University will seek action consistent with the complainant’s request(s).
For example, when a complainant makes a report, but requests that a name or other identifiable information not be shared with the respondent, or that no formal action be taken, the University will inform the complainant of its obligation to balance this request against its obligation to provide a reasonably safe and non-discriminatory environment for all in the Stritch community. Further, when a complainant does not wish to proceed with an investigation, the Title IX Coordinator will determine, based on the available information, whether the investigation and/or subsequent hearing should go forward.
In making this determination, the University will consider a range of factors, including:
- Whether the complainant has requested confidentiality
- Whether the complainant wants to participate in an investigation or related hearing
- The severity and impact of the conduct, including whether a weapon was used
- Whether the complainant is a minor under the age of 18
- Whether the respondent has a pattern of similar conduct
- Whether the respondent threatened further violence or other violence against the victim or others
- The existence of independent evidence
- The extent of prior remedial methods taken with the respondent
The University also will assess any barriers to proceeding that may exist or have arisen, including retaliation, and will inform the complainant that it will, in compliance with Title IX, take strong responsive action to protect the complainant. Where the University is unable to take action consistent with the request of the complainant, the Title IX Coordinator or designee will tell the complainant about the University’s chosen course of action, which may include the University choosing to pursue action against a respondent on its own behalf. The University will not require a complainant to participate in any investigation or disciplinary proceeding. The course of action also may include steps to limit the effects of the alleged misconduct and prevent its recurrence that do not involve formal disciplinary action against a respondent or revealing the identity of the complainant.
In addition to the measures noted above, the University may initiate remedies-based resolutions that are designed to maximize the complainant’s access to the educational, extracurricular, employment or volunteer activities at the University and to eliminate a hostile environment. Such remedies include, but are not limited to targeted or broad-based educational programming or training, supported direct confrontation of the respondent, and/or indirect action by the Title IX Coordinator or the University. Depending on the form of remedies-based resolution used, it may be possible to maintain anonymity.
The University also will offer mediation for appropriate cases, though no complainant will be compelled to engage in mediation or to confront the respondent directly.
Please Note: Mediation, even if voluntary, may
not be used in cases involving sexual assault.
When the Title IX assessment finds that disciplinary action may be appropriate, the University will initiate an investigation. The University will designate an investigation comprised of members who have received specific training in the investigation of allegations of sexual misconduct. All investigators assigned to a matter must be impartial and free of any conflict of interest.
Investigations will be conducted in an appropriate manner, given the circumstances of the case. More specifically, the investigator or investigative team will (a) coordinate the gathering of information from the complainant, the respondent, and any other individuals who may have information relevant to the determination; (b) gather any available physical evidence, including documents, communications between the parties, and other electronic records as appropriate; (c) provide the complainant and respondent with an equal opportunity to be heard, to submit information, and to identify witnesses who may have relevant information. The witnesses identified by the complainant and/or respondent must have observed the acts in question, or have information relevant to the incident.
The investigation is designed to provide a fair and reliable gathering of the facts. It will be conducted in a thorough, impartial, and fair manner to ensure that all individuals are treated with appropriate sensitivity and with respect for individual privacy concerns.
The University will make every effort to complete the investigation within sixty (60) business days of receiving the complaint. This time frame may be extended, however, depending on the complexity of the circumstances of the particular case. At the request of law enforcement, the University may agree to defer its Title IX fact gathering until after the initial stages of a criminal investigation. During this period, the University will continue to communicate with the complainant regarding Title IX rights, procedural options, and the implementation of necessary interim measures to assure the safety and well-being of all affected individuals. The University will promptly resume its Title IX fact gathering as soon as law enforcement has released the case for review following the initial criminal investigation.
Please Note: After formal notice that one’s conduct has violated this policy, the complainant and respondent have the right to be assisted by an advisor. In cases of sexual assault, domestic/dating violence, or stalking, a complainant or respondent may seek the advice and assistance of an advisor of their choice, which can be an attorney, at their own expense. The investigation process is not a legal proceeding. Accordingly, the role of an advisor is to provide guidance to the complainant or respondent regarding applicable University procedures, and to advise the complainant or respondent on the specifics of a written appeal, if applicable. Advisors also are available to offer support and to provide information on additional resources that may be available. While advisors may accompany the complainant and respondent at meetings, they may not present evidence, question witnesses, or otherwise participate.
Information the University gathers during the review or investigation will be used to evaluate the responsibility of the respondent, to provide for the safety of the complainant and the University campus community, and to take appropriate measures to end the misconduct, prevent its recurrence, and address its effects.
The Title IX Coordinator will retain copies of all reports generated as a result of investigations. The University will keep these records confidential to the extent permitted by law.
Please Note: When members of a student group, an organization, or a team, or individuals acting collusively act in concert in violation of this policy, they may be charged as a group or as individuals, and an investigation may proceed against the group as joint respondents or against one or more involved individuals as appropriate, given available information and the circumstances.
A student group, an organization, or a team’s officers and membership may be held collectively and individually responsible when violations of this policy by the organization or its members take place at organization-sponsored events, have received the consent or encouragement of the organization or of the organization’s leaders or officers, or were known or reasonably should have been known to the membership or its officers.
In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually in proportion to the involvement of each individual.
At the conclusion of the investigation, the investigator or investigative team will (a) prepare a written report that summarizes the information gathered, synthesizing the areas of agreement and disagreement between the parties, as well as any supporting information or accounts; (b) review all facts gathered to determine whether the information is relevant and material to the determination of responsibility given the nature of the allegation; (c) assess the credibility of the witnesses and evidence; (d) redact information that is irrelevant, more prejudicial than probative, immaterial or based solely on opinion rather than direct observation.
Before the report is finalized, the investigator or investigative team will give the complainant and respondent the opportunity to review their own statements and, as permitted by FERPA, a summary of other information collected during the investigation, including the statements of the other party and any witnesses. The complainant and respondent then may submit any additional comments or request further investigation from the investigative team.
The report then will be submitted to the Title IX Coordinator for the administration of an appropriate action and follow-up with the complainant.
If the respondent is found responsible for a violation of this policy, the University will impose a sanction designed to eliminate the misconduct, prevent its recurrence, and remedy its effects, while also supporting the University’s educational mission and Title IX compliance obligations. Sanctions or interventions also are designed to promote safety and/or deter individuals from similar future behavior. The range of sanctions which may be imposed include probation, probation with community service and counseling, suspension, dismissal from the University and/or the termination of one’s employment with the University.
The Title IX Coordinator will inform the respondent of any sanctions, the date by which the requirements must be satisfied (if applicable), and the consequences of failure to satisfy the requirements. The Title IX Coordinator also will inform the complainant of any sanctions that directly relate to the complainant or are required by federal law to be disclosed to the complainant in the case of certain criminal sexual offenses covered by the Campus Security Act, including sexual assault, domestic/dating violence, and stalking. Each party will be provided with an outcome letter that also includes appeal options. The University reserves the right to notify appropriate University officials regarding the outcome of the investigation and the nature of the sanctions imposed.
Either party may appeal the outcome of the matter to the University’s Title IX Board of Appeals within seventy-two (72) hours of receipt of the investigation report and the Title IX Coordinator’s imposition of sanctions.
The Title IX Coordinator will retain records of all reports, allegations, and complaints, regardless of whether the matter is resolved by Title IX assessment, disciplinary proceedings or another means.
Affirmative findings of responsibility in matters resolved through the processes described herein are part of a student’s conduct record. Such records will be used in the review of any further conduct matters. The University will maintain these records for the duration of the respondent’s relationship with the University, and may retain them for no less than seven years following the respondent’s departure from the University. In allegations involving child abuse, the University may keep the records indefinitely.
Title IX Review, Investigation and Resolution for Complaints against Faculty, Staff, and Other Non-students
Because the relationship of students, staff and faculty with the University differ in nature, the procedures that apply when seeking disciplinary action also differ in a number of respects.
Cardinal Stritch University takes its compliance obligations very seriously. Throughout the year therefore, the University is committed to offering a number of educational programs designed to promote awareness of sexual harassment, sexual assault, dating and domestic violence, stalking and retaliation. Prevention programs will include an overview of the University’s policies and procedures; relevant definitions, including prohibited conduct; discussion of the impact of alcohol and illegal drug use; effective consent; effective options for bystander intervention; and other information about risk reduction. The Human Resources Offices, in consultation with the University’s Title IX Coordinator, will provide a calendar of compliance update programs for each academic year. Please consult the HR web page for additional information.