Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private institutions of postsecondary education participating in federal student aid programs are subject to it.

*A printed version of this document, as well as a printed version of Marian University crime statistics can be obtained by contacting the Student Affairs office at ext 7666.

CRIME REPORTING

Students, faculty, and staff are urged to report all criminal acts and safety hazards. During normal working hours reports can be filed by calling the Dean of Students and/or the Student Life Office at ext 7666. After normal working hours and on the weekends reports can be filed by calling Marian One Stop at ext 8888 and request to speak with the Safety Officer on duty. The Dean of Students and the safety officers are designated as Campus security authorities.

In the event of an immediate threat or danger, the appropriate civil emergency responder can be reached by calling 911. In every instance the Provost or Dean of Students should be notified as soon as possible to facilitate proper response and reporting.

Additionally, emergency phone stations are located strategically throughout the campus to be used when assistance is needed.

The Office of Student Life will transmit via email to the entire campus community a crime alert if reports indicate an immediate danger or a trend is developing in a particular crime category. Additionally, the Dean of Students is responsible for preparing and transmitting annual crime statistic reports to the Department of Education drawing information from all reporting entities and preparing and transmitting the annual report to the campus community.

CRIME PREVENTION

Crime prevention and awareness is everyone’s responsibility. Lighting and locks represent the first line strategy to preventing crime. All faculty and staff are urged to lock their workspace when left unattended and all resident students are urged to lock their rooms when not present. Moreover, resident students are also urged to be vigilant in keeping external doors to housing units locked at all times. As well, all members of the Marian community are encouraged to report faulty lighting regardless of the location and any key that is lost or lock that is inoperable.

Additionally, contracted safety officers patrol the Marian University campus. The safety officers are not police officers and do not have the authority to detain or arrest. Their focus on patrol is to observe and detect crimes and threats to the campus and report to responsible officials both on and off campus, thereby preventing crime and protecting the Marian community and property. However, no person or location is completely safe. A safe campus is everyone’s responsibility. Each must do their part to protect themselves and others. Safety awareness by all can help prevent crime and keep our campus safe and crime free.

Programs or procedures that are specifically to promoting safe practices on campus include but are not limited to:

• Emergency phone poles located throughout campus on major walkways and in key parking lots
• Campus wide publication and programs on the college’s emergency response plan
• Residence Hall educational programs on crime prevention
• Student handbook sections addressing crime prevention PERSONAL SAFETY TIPS
• Always secure your residence or workspace whenever you leave it unattended
• Do not store large amounts of money, jewelry, or other valuables in your room or office
• Never leave you bag unattended
• Do not loan your keys or I.D. to anyone
• Take high value items home when you go on break
• Do not leave messages on your door that indicate you will be away for a period of time
• If you see suspicious activity report it
• Make it a habit to not walk alone when its dark…use the “buddy system” or call Marian One Stop for an escort
• Always be aware of your surroundings
• Lock your vehicle and have your keys in your hand as you approach the vehicle
• Know the location of the nearest emergency phone stations on campus
• Make a list of valuables including the serial numbers
• Lock your bicycle when you are not using it
• Finally, listen to your instincts…if something does not feel right avoid it

SUBSTANCE ABUSE

Marian University takes a firm position against the abuse of alcohol and the use of, or possession of illegal drugs. The intent of the college is to establish and maintain a drug-free workplace and comply in every respect the Drug-Free Schools and Communities Act Amendment of (Public Law 101-226) as presently constituted, to be amended in the future.

Marian University prohibits the possession, use or distribution of illicit illegal drugs/substances, whether prescriptive or non-prescriptive. As well, the college prohibits the possession, use, or distribution of alcohol to anyone under the age of 21. Any student or employee found to be in possession of, using, selling, trading, or offering for sale, illicit drugs (or alcohol when minors are involved) on the college’s property or as a part of college activities will be subject to disciplinary action as well as applicable state, local, and federal law.

*See the employee handbook and student handbook for the complete text of the college’s policy and as well the drug and alcohol abuse education programs offered by the college.

SEXUAL OFFENSES

The division of Student Life provides programs throughout the year to educate students about their individual responsibilities regarding rape, sexual assault and sexual harassment. Specifically:

Rape is a crime and is prohibited and defined as sexual intercourse by a friend, acquaintance, or stranger:

1. which is forced, manipulated, or coerced through use of verbal coercion, intimidation (emotional and/or physical), threats, or physical restraint, and/or
2. where no consent was given due to the victim’s being unconscious, asleep, or unable to communicate, or due to the victim’s silence, and/or
3. where the victim is temporarily incapable of appraising or controlling his or her conduct due to the influence of alcohol or other drugs he or she consumed or to any other act committed upon him or her without his or her consent.

Sexual assault is a crime and is prohibited. Sexual assault is defined as sexual acts which include, but are not limited to, unwanted touching of an intimate part of another person, such as sexual organs, buttocks, or breasts; sodomy; oral copulation; and rape by a foreign object by a friend, acquaintance, or stranger:

1. which is forced, manipulated, or coerced through use of verbal coercion, intimidation (emotional and/or physical), threats, or physical restraint, and/or
2. where no consent was given due to the victim’s being unconscious, asleep, or unable to communicate, or due to the victim’s silence, and/or
3. where the victim is temporarily incapable of appraising or controlling his or her conduct owing to the influence of alcohol or other drugs he or she consumed or to any other act committed upon him or her without his or her consent.

Sexual harassment is prohibited. Sexual harassment is defined as unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature, and/or other unwelcome verbal or physical conduct of a sexual nature which substantially interferes with a person’s performance or creates an intimidating, hostile, or offensive environment.

Suggested prevention tips

The vast amount of historical data in the United States indicates that sexual assaults are no longer exclusively perpetrated by men against women. Sexual assaults are today being reported as men against men, women against women, and women against men. These assaults are typically characterized as acquaintance rape and stranger rape. The following is a suggested list of actions to prevent becoming a victim of rape or, in the case of acquaintance rape, how to prevent being accused of a rape:

Acquaintance rape

• Listen carefully. Hear what the other person is saying. If you feel the other person is not being direct, or is giving mixed messages, ask for clarification. If you are uncertain as to how far you want sexual intimacy to go ask the other person to respect your feelings.
  
• NO means NO. If the other person says no, STOP! If you say NO, say so with authority!
  
• Acquaintance rape (otherwise known as date rape) is a crime. It is never acceptable to use force in sexual situations. NEVER!
  
• Many sexual assaults on campus involve alcohol or other drug use either by the perpetrator, the victim, or both. It’s important to address the two issues separately and recognize that alcohol and other drug use are not the cause of violence. BE AWARE THAT THE NUMBER ONE DATE RAPE DRUG IS ALCOHOL.
  
• Don’t make assumptions about the other person’s behavior. Provocative dressing, agreeing to go to your room, agreeing to engage in petting does not mean the other person will automatically know how you feel. Tell them!
  
• Be mindful that having intercourse with someone incapable of consenting (i.e. someone who is drugged, severely intoxicated, passed out, or incapable of saying NO) can be and oftentimes is classified as rape. If you feel you are in any way mentally or physically compromised, leave the situation immediately and go to a safe place.
  
• Get involved if you believe someone is at risk. Intervene if you believe someone is being pressured into sexual intimacies. By doing so you may prevent someone from enduring the trauma of sexual assault, and the other person from the ordeal of criminal prosecution.
  
• Never feel obligated to engage in intimate contact because of an expensive evening out, an expensive gift, etc.
  
• Don’t be afraid to “make a scene” if you feel threatened. If you feel that you are being pressured or coerced into sexual activities against your will, state your feelings forcefully and leave! Better to be embarrassed than experience the trauma of a sexual assault.
  
• Attend large parties with friends that you can trust. Agree to look out for each other. Leave the party in a group. Don’t leave your friend, for they may later fall prey to an unwanted sexual assault.
  
• Finally, case history indicates that the most frequent common denominator in all unwanted sexual advances and sexual assaults is alcohol and drugs. These substances reduce your inhibitions and interfere with your ability to control the situation and communicate effectively.

Stranger rape

• When walking on campus and in the Fond du Lac community always be aware of your surroundings. STAY ALERT!
  
• Walk with confidence and purpose.
  
• At night, walk in well-lighted, well-populated areas, and if possible, with another person. Avoid isolated areas and walking alone. If on campus, call Marian One Stop at ext 8888 to arrange for an escort.
  
• Take special precautions in parking lots, stairwells, elevator, restrooms, and dark areas with shrubbery.
   
• If you suspect that you are being followed, go to a place where there are other people as quickly as possible. If you choose to run, run as fast as you are able and scream to attract attention or summon help. Don’t worry about an embarrassing false alarm, it is better to be momentarily embarrassed than a victim of an assault.
  
• In the residence facilities or in your apartment off campus, always keep doors locked.
  
• Never prop the building door open. This endangers everyone in the building. Do not let others into the building without an escort, no matter what the excuse. Additionally, be especially aware of safety during periods of vacation when there are fewer people on campus.
  
• Finally, listen to your gut instincts. If you sense danger, act on this sense, and always report the incident to Marian One Stop at ext 8888. Your report may save someone’s life.

Information on Reporting and/or Assistance

If you or someone you know has been a victim of sexual assault the first concern should be personal safety. Please notify any of the below listed officials as soon as possible:

• Any member of the Residence Life Staff
• Any Safety Officer ext 8888 (Marian One Stop)
• Dean of Students ext 7666
• Student Life ext 7666
• Director of Health Services ext 7615
• College Counseling Services ext 8799
• Director of Campus Ministry ext 7624

The university urges anyone who feels that they have been sexually assaulted or harassed to file a complaint with the above listed officials. The student handbook lists in detail the campus disciplinary procedures that have been established to provide both the victim and the accused due process, the range of available sanctions that can be imposed, and the result of any campus judicial decision.

The university is committed to accommodating the requests of victims to change academic or living situations following an allegation if reasonably available. Moreover, individuals who feel that they have been sexually assaulted are encouraged to file formal charges with the local law enforcement authority. If the assault occurred outside of Fond du Lac you must file with the appropriate jurisdiction. Additional resources for assistance in the Fond du Lac area are:

• ASTOP at 921-7657 or 800-418-0270 (Assist Survivors Treatment Outreach Prevention)
  Web site:http://astop.org
• FDL County Crisis Intervention (24 hours) at 929-3535
• RAINN at 800-656-HOPE (Rape Abuse and Incest National Network)
• Solutions Center (Domestic Violence & Homelessness) 923-1700
• St. Agnes Hospital Behavior Health Services Outpatient at 926-4200
• St. Agnes Hospital Emergency Department at 926-4600
• St. Agnes Hospital Urgent Care at 926-8492

CRIME DEFINITIONS

The following definitions are to be used for reporting listed in CFR sec. 668.46 (previously 668.47) in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program. The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations and liquor law violations are excerpted from the Uniform Crime Reporting handbook. The definitions for forcible and non-forcible sex offenses are excerpted from the National Incident-Based Reporting System Edition of the Uniform Crime Reporting handbook.

Arson - Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Criminal Homicide-Manslaughter by Negligence - The killing of another person through gross negligence.

Criminal Homicide-Murder and Non-negligent Manslaughter - The willful (non-negligent) killing of one human being by another.

Robbery - The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

Burglary - The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

Motor Vehicle Theft - The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, to include joyriding.)

Weapon Law Violations - The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

Drug Abuse Violations - Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations - The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Sex Offenses Definitions From the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program

Sex Offenses-Forcible - Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent.

Forcible Rape- The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

Forcible Sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Sexual Assault With An Object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Forcible Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Sex Offenses-Non-forcible - Unlawful, non-forcible sexual intercourse.

Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent

CRIME STATISTICS

Marian University (OPE ID: 00386100) crime statistics can be found by visiting the Department of Education Office of Post Secondary Education Campus Security Statistics website at: http://ope.ed.gov/security/Search.asp

The crime data reported by the institutions have not been subjected to independent verification by the U.S. Department of Education. Therefore, the Department cannot vouch for the accuracy of the data reported here.

SEXUAL OFFENDER/PREDATORS

Information regarding sexual predators or offenders attending or employed by an institution of higher learning in the State of Wisconsin may be obtained from local law enforcement with jurisdiction for the particular campus or by visiting the website at: http://offender.doc.state.wi.us/public

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