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Sexual Contact/Assault Policy
Sexual Contact
As a Catholic, Jesuit institution of higher learning,
Marquette University expects that sexual union will be a
mutually voluntary expression of love taking place within
the context of marriage. In addition, the university prohibits
all forms of sexual violence, coercion, intimidation and
harassment as set forth in the Sexual Offense Policy and
the Harassment Policy in this handbook.
Sexual Offense Policy
Marquette University’s Community Expectations and
Student Conduct Code include the clear expectation that
all persons are entitled to be treated with respect and
dignity. Consequently, it is expected that all interpersonal
relationships of students will be characterized by honesty,
equality, open communication and the nonviolent resolution
of conflict.
Any form of sexual contact without the free and full
consent of both parties is completely contrary to these
values and to other values that respect the integrity of the
human person. Sexual violence (including sexual assault
and relationship violence), coercion, stalking or harassment
against individuals, whether perpetrated by a stranger
or acquaintance, whether occurring on or off campus
and whether directed against a member of the campus
community or someone outside of the campus community,
will not be tolerated and can lead to university and/or civil
action.
Definitions
Stalking is one form of violence that is not acceptable
at Marquette. Stalking is defined as repeatedly contacting,
following or threatening a romantic partner, friend or
stranger without his/her permission. Stalking creates fear
and, often, but not always, is a form of sexual violence.
Examples of stalking behavior include physically approaching
another, e-mailing, phoning, leaving gifts or gathering
personal information about a person from others. These
actions, when they are without the person’s consent, are
considered personal violations and can result in student
disciplinary action or legal consequences.
Interpersonal violence is the physical, emotional and/or
verbal abuse of one partner by the other partner in a current
or former dating relationship. Abusive behavior is any
act carried out by one partner aimed at hurting or controlling
the other; the behavior can be physical, emotional,
psychological, and/or sexual. Its purpose is to maintain
power and control in the relationship.
Sexual assault is a violent and aggressive act, not a sexual
act.
Sexual assault, as defined by Wisconsin law, is classified
into four degrees. First-, second- and third-degree sexual
assault are all felonies. Fourth-degree sexual assault, a
misdemeanor, is defined as sexual contact with a person
without that person’s consent. Sexual contact is any intentional
touching of the intimate parts of a person, directly
or through clothing, with any body part or by any object.
First-, second- and third-degree sexual assault include sexual
intercourse or sexual contact without consent through
the use of threat, force, a weapon or with a person under
the influence of an intoxicant, unconscious or otherwise
unable to give consent. Sexual intercourse includes oral
and anal copulation as well as penetration of genital or
anal openings by a foreign object, including a finger.
Consent is considered to be words or overt actions by a
person competent to give consent. Failure to resist does
not mean consent. Saying no does not mean yes and
does not give consent.
Either party being under the influence of alcohol or drugs
neither diminishes nor relieves the alleged perpetrator
from personal responsibility.
Sexual assault is a violent and aggressive act, not a sexual
act. Sexual assault is never the survivor’s fault. Sexual
assault often involves alcohol use, frequently by both parties.
Studies indicate that 14 percent of all sexual assaults
occur to someone between the ages of 18-24; seven to
10 sexual assault victims knew their attacker; one out of
every six college women have been the victim of rape or
attempted rape; and 11 percent of sexual assault victims
are men (http://wcasa.org/info/factsheets).
Victim Assistance
After a sexual assault, get to a safe place. No matter
how late, call someone. Don’t be alone. The best thing a
friend can do is to believe the victim, to listen, to provide
comfort and support, and to let the victim make her or his
own decisions about what to do.
Seek immediate medical treatment for injuries and to
preserve evidence. The Sexual Assault Treatment Center
of Greater Milwaukee is the area’s only treatment center
specializing in assisting victims of sexual assault, and it
is located within walking or LIMO distance of campus at
Aurora-Sinai Medical Center. SATC offers safe and caring
services to survivors of rape, incest, sexual abuse and
sexual assault. SATC staff will help victims and survivors
soon after an assault or even weeks later.
Reporting and Support
Consider reporting the assault. While taking care of a
victim, SATC can also preserve evidence in case the
victim decides to report the assault to police. Students
can report the assault to Public Safety, speaking with officers
specially trained to help victims. These officers can
help a student report an assault to the police. Informing
Public Safety does not obligate a student to pursue action
through the police or the student conduct process. The
information remains confidential until a victim chooses to
pursue conduct or police action.
Other campus resources for supporting victims and survivors
include the Counseling Center, University Ministry
and hall ministers, and individuals on campus who are
part of the HAVEN network (Helping Abuse and Violence
End Now). Emotional and physical support is available
for victims and friends of victims through these campus
resources. If requested and if reasonably available, survivors
will be assisted in making changes to academic and
living situations.
Student Conduct
If a victim of sexual assault or another sexual offense
chooses to pursue student conduct action through the
university’s student conduct system, and if the alleged
assaulter is also a student, special arrangements will be
offered to assure the survivor of as much comfort as possible.
The conduct hearing follows the same basic procedures
as other student conduct cases, but the sensitive
nature of the cases results in special circumstances being
part of sexual assault conduct cases. Specifics are found
in the section IV under Student Conduct in this handbook.
Interpersonal Violence Prevention
Educational programming focused on violence prevention
emphasizes awareness and information. Programs are
offered through peer educators affiliated with the Center
for Health Education and Promotion and peer educators
affiliated with the Counseling Center. The Department of
Public Safety offers programs related to personal safety.
Any group, organization or residence hall community may
request a presentation.
Alcohol EDU for College
