Lakeland University's Title IX Policy

Lakeland University strives to provide an educational environment that reflects its roots in the values of the United Church of Christ mission and preserves the safety and dignity of its community members. All members of the campus community are expected to conduct themselves in a manner that enhances the well-being of the Lakeland community. Members of the university community, guests and visitors have the right to be free from all forms of sexual harassment, discrimination and sexual misconduct ("Prohibited Conduct"). This Policy covers student, faculty and staff-related matters of Prohibited Conduct, whether the alleged conduct occurred on- or off-campus and regardless of whether the alleged Responding Party is a student, faculty member, staff or third party. Examples include acts of sexual violence (including sexual assault), any harassment based on sex or gender (including sexual orientation, gender identity or gender expression), domestic violence, dating violence and stalking. Lakeland University encourages immediate reporting, although there are no statutes of limitations in reporting, please keep in mind that delayed reporting may hinder the investigation and the University's ability to respond effectively.

Lakeland prohibits incidents of harassment, discrimination, and sexual misconduct occurring on or off campus. When such an allegation is reported to appropriate Lakeland officials, protective and remedial measures will be used to reasonably ensure such conduct ends, is not repeated, and the effects on the Reporting Party and community are remedied, including serious sanctions (up to and including termination, suspension or expulsion, if circumstances warrant) when a Responding Party is found to have violated this Policy. Students and employees who retaliate against individuals who report or participate in an investigation regarding Prohibited Conduct will be subject to disciplinary action separate and apart from any findings related to sexual misconduct.

Students and employees are strongly encouraged to report any/all incidents of sexual discrimination, harassment or sexual misconduct to the Lakeland University Campus Safety Department ("LUCSD"), the Title IX Coordinator, or any Deputy Title IX Coordinator. When an allegation is brought to an appropriate University official, the University will respond promptly, equitably, and thoroughly.

All Lakeland University community members (faculty, staff, students, trustees, contract personnel, agents, visitors, guests, volunteers, and other individuals associated with the University) are prohibited from engaging in acts of discrimination based on the above-referenced bases. This Policy applies to all associations, clubs, organizations and their members affiliated with and utilizing the benefits and services provided by or connected with the University. All University policies, practices and procedures are administered in a manner consistent with Lakeland University United Church of Christ Mission and Guiding Values.

Notice of Non-Discrimination

The Lakeland University (the "University" or "Lakeland") Title IX Policy (the "Policy") provides employees and students with a guide to understanding Title IX scope, definitions, processes, legal rights, and resources. Title IX of the Education Amendments Act of 1972 (Title IX) is a federal law that states: "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." Governance of Title IX is provided by the Office for Civil Rights.

Lakeland University fully adheres to all federal and state civil rights laws banning discrimination at institutions of higher education. Lakeland University will not discriminate against any employee, applicant for employment, student or applicant on the basis of race, color, sex, pregnancy, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, gender, veteran or military status, predisposing genetic characteristics, domestic violence victim status, or any other protected category under applicable local, state or federal law. Gender discrimination and sexual harassment are prohibited by Title VII of the Civil Rights Act of 1964 as amended and Title IX of the Education Amendments of 1972. If you have reason to believe that you have been discriminated against, Lakeland University encourages immediate reporting to the Title IX Coordinator or Deputy Coordinator.

The individuals listed below make up Lakeland University's Title IX team. The Title IX Coordinator is the designated agent of the University responsible for overseeing University policy, procedures and compliance with Title IX legislation, regulation and case law. The Title IX Coordinator shall document all reports of incidents of sexual misconduct and harassment.

The Deputy Title IX Coordinators work with the Title IX Coordinator and may act on his behalf when so designated. Additionally, the Deputy Title IX Coordinators serve as persons to whom reports or complaints may be reported, and can investigate complaints. Reports to Title IX Coordinator and Deputy Title IX Coordinators may be made via email, phone or in person as set forth below:

Deputy Title IX Coordinators representing the following (5) areas:

David R. Simon Jr.
Title IX Coordinator
Vice President for Campus Life, Clery Compliance Coordinator
Lauer Center, 122G
920-565-1000 ext. 2501
SimonDR@lakeland.edu

Rick Mobley
Title IX Deputy Coordinator Intercollegiate Athletics
Head Men's Soccer Coach
Wehr, 111
920-565-1024 ext. 2184
MobleyRJ@lakeland.edu

Mark Edmond
Deputy Title IX Coordinator for Residential Housing Accommodations for 504 & ADA
Director for Residence Life
Lauer Center, 122E
920-565-1043 ext. 2513
EdmondMT@lakeland.edu

Karen Eckhardt
Deputy Title IX Coordinator for Academic Accommodations for 504, ADA & ESA
920-565-1000 ext. 2115
eckhardtkl@lakeland.edu

Lakeland University's primary concern is the safety of its students, faculty and staff, and to encourage reporting of Prohibited Conduct. All Universityemployees who are deemed responsible employees have a duty to report actual or suspected Prohibited Conduct to appropriate officials, though there are some limited exceptions for those with identified in the policy as a Confidential Resource. Reporting Parties may want to consider carefully whether they share personally identifiable details with employees who have a duty to report, as those details must be shared by the employee with the Title IX Coordinator and/or Deputy Title IX Coordinator(s), and/or Lakeland University Campus Safety Department (LUCSD). To be clear, employees with a duty to report must share all details of the reports they receive, including personally identifiable information.

1. Complainant may request confidentiality
   If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the complainant may make such request to the Title IX Coordinator and/or Deputy Title IX Coordinator(s), who will evaluate that request in order to ensure the safety of the campus, in compliance with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, Lakeland University may be unable to honor a request for confidentiality. In cases where a Complainant requests confidentiality and the circumstances allow the Lakeland University to honor that request, the University will offer interim support and measures to a Complainant and the community, but will not otherwise pursue formal action.
   
   
2. Complainant has the right to be taken seriously
   A Complainant has the right and can expect to have complaints taken seriously by the University when reported, and to have those incidents investigated thoroughly and properly resolved through the procedures set forth below. The University will promptly act on any complaint or notice of violation of this Policy when received by LUCSD, Title IX Coordinator or any Deputy Title IX Coordinator, subject to Complainant's request for confidentiality. The University will not discipline a student who makes a good faith report of Prohibited Conduct.
   
   
3. Expectations of privacy for Complainant
   Reporting still affords some privacy to the reporter. Information will be shared only as necessary with people who need to be told (e.g., investigators, adjudicators and the Responding Party(ies)). The number of people with this knowledge will be kept as small as possible to preserve a Reporting Party's rights and privacy.
   
   If the Reporting Party requests confidentiality or asks that the complaint not be pursued, Lakeland University will take all reasonable steps to investigate and/or respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a Reporting Party insists that his/her name or other identifiable information not be disclosed to the alleged perpetrator, Lakeland University's ability to respond may be limited and Lakeland shall inform Reporting Party of this fact.
   
   The University will not require a student, faculty or staff, who complains of harassment to work out the problem directly with the Responding Party.

A Reporting Party has the option to do the following:

• File a criminal complaint with the Sheboygan County Sheriff's Office, or, other appropriate law enforcement agency; or
• File a complaint under this Policy (Sexual Harassment, Discrimination, and Sexual Misconduct Policy) and request a Lakeland University Title IX investigation; or
• Pursue both processes simultaneously, even if a criminal proceeding is ongoing. The University will conduct its own Title IX investigation and will not wait for the conclusion of the criminal proceeding to begin its Title IX investigation; or
• Elect not to pursue any of the aforementioned processes

If a Reporting Party declines to report to law enforcement or the University, the Reporting Party may still report to a Confidential Resource and/or receive interim support and measures.

Reports regarding any form of sexual harassment, discrimination or sexual misconduct may be reported to:

• Local Law Enforcement or LUCSD
• The Title IX Coordinator or any Deputy Title IX Coordinator
• Confidential Resources
• Department of Education, Office for Civil Rights

Complaints and Criminal Complaints can be made to the following: Although the LU Campus Safety Department is not a sworn department, officers can assist with filing a criminal complaint.

Reporting parties must be aware that an investigation conducted by Lakeland University is separate from a criminal investigation and flows from the University's obligation under Title IX and related laws to ensure that it is providing a safe environment for all community members.

CONFIDENTIAL RESOURCES & REPORTING

On campus, some resources may maintain confidentiality, meaning they are not required to report actual or suspected Prohibited Conduct to other University officials, thereby offering options and advice without any obligation to inform an outside agency or individual unless the Reporting Party requests the information be shared.

On-Campus Confidential Reporting Options:

Off-Campus Confidential Reporting Options:

Lakeland University Victim Advocate 

A Victim Advocate is available on campus to provide support and assistance in the decision-making process to those affected by sexual misconduct, sexual violence, including sexual assault, relationship violence and stalking. Services are free and confidential, to the extent allowed by law and university policy. Generally, the information you provide will not be shared with your instructors or deans. The advocate will assist you in making a report to the Sheboygan County Sheriff's Office. The Victim Advocate is available the following office hours:

• Regular Hours: Safe Harbor Crisis Advocate (On Campus)
  • Schedule a virtual appointment: brittaw@sheboygansafeharbor.org
  • Phone: 920-565-1034 ext. 2389
    
• After Hours: Safe Harbor Crisis Advocate (Off Campus)
  • Phone: 920-452-7640 or 1-800-499-7640

All University employees who observe acts of sexual harassment are required to intervene to stop the harassment, unless circumstances would make such intervention dangerous, and must document and report all such incidents to the Title IX Coordinator, Deputy Title IX Coordinator(s) and/or LUCSD.

U.S. Department of Education, Office for Civil Rights

Questions about Title IX can be directed to the Title IX Coordinator or to the Office for Civil Rights (http://www2.ed.gov/about/offices/list/ocr/index.html) of the United States.

U.S. Department of Education Citigroup Center 

• 500 W. Madison Street, Suite 1475 Chicago, IL 60661-4544 
• Telephone: 312-730-1560 
• Facsimile: 312-730-1576 
• Email: OCR.Chicago@ed.gov

Download/print Title IX incident reporting form

These procedures apply to student, staff, and faculty complaints of sexual misconduct against other students, employees or third parties.

The University will respond to allegations of sexual misconduct, including taking interim measures such as a "no contact" directive between the parties, interim suspension, room reassignment, academic accommodations and/or counseling. The University prohibits retaliation against complainant/reporting parties and anyone participating in an investigation. If an allegation of sexual misconduct involves an athlete, someone outside the athletic department oversees the grievance process. Mediation cannot be used for sexual harassment or non-consensual sexual contact/intercourse cases.

Title IX Investigators:

Deputy Title IX Coordinators may serve as investigators and are trained in Title IX, all aspects of the complaint process, and can serve in any of the following roles:

1. To provide sensitive intake of complaints.
2. To investigate complaints, including drafting the report.
3. May work alongside designated investigators.

All persons serving as investigators have received annual training approved by the Title IX Coordinator, including a review of University policies and procedures, so that they are able to perform thorough, impartial investigations and provide accurate information to members of the University community.

Assignment To Investigation

Following receipt of a complaint/report, the Title IX Coordinator will promptly assign one or more Deputy Title IX Coordinators or other trained investigators to work with and interview the Reporting Party and coordinate the University's response. The University reserves the right to designate a different Deputy Title IX Coordinator or investigator. If the complaint does not allege a Policy violation, or if other resolution options are appropriate, or if a Reporting Party does not wish to pursue further action and the University has determined it can honor the request, then the report will not proceed to a University Title IX investigation.

Time Frame & Delays

All attempts will be made to complete a Lakeland Title IX investigation within 60 calendar days after the Responding Party is notified of the investigation. The Title IX Coordinator may extend this time frame for good cause with written notice to the Reporting Party and Responding Party. Good cause for extensions includes, but is not limited to, the following: 1) the complexity of the case requires additional time; 2) there are multiple parties involved; 3) the witnesses or parties are unavailable or uncooperative; 4) University closure or academic breaks; 5) if the University investigation would compromise a law enforcement investigation.

1. The University may briefly delay its investigation to allow evidence collection by law enforcement.
2. The process set forth in this policy is separate and distinct from any criminal investigation or proceeding and is a result of the University's obligation under Title IX to ensure it is providing a safe environment.

Process Advisor / Support Person

Both the Reporting Party and Responding Party in the University Title IX investigation process may have the assistance of an advisor or support person of their choosing throughout the process. This individual may be a friend, faculty/staff member, family member, or an attorney. The University has designated staff members, that have been trained in the University's response, who may serve in this capacity and their contact information will be provided to the Reporting Party and Responding Party. The role of the process advisor/support person is limited. The Reporting Party and Responding Party are expected to ask and respond to questions on their own behalf. The process advisor/support person may consult with the advisee quietly or in writing, or outside the meeting during breaks, but may not speak under any circumstances on behalf of the advisee to the investigator.

Attorneys may be present and may consult with the advisee quietly or in writing, or outside the meeting during breaks, but may not speak under no circumstances on behalf of the advisee to the investigator.

Interim Measures

The Title IX Coordinator, the Director of Human Resources, (or appropriate designee) may enact interim measures intended to address the short or long-term effects of Prohibited Conduct and to prevent further harassment or violations. To the extent reasonable and feasible, the University will consult with the Complainant in determining appropriate interim measures. Interim measures may include, but are not limited to, the following:

1. Housing reassignments
2. Rescheduling exams or other academic work
3. Arranging for an incomplete in a class
4. Modifying class schedules
5. Providing counseling, medical and/or mental health services
6. Offering assistance with alternative course completion options
7. Providing safety escorts around campus
8. Issuing and extending a "NO CONTACT" and or "STAY AWAY" directive
9. Instituting a work suspension
10. Referring an employee to the Employee Assistance Program

Potential Actions In The Event The Complainant Chooses Not To Pursue Investigation:

If the Complainant requests confidentiality or asks that the complaint not be pursued, Lakeland University will take all reasonable steps to investigate and/or respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If the Complainant insists that their name or other identifiable information not be disclosed to the alleged perpetrator, Lakeland University's ability to respond may be limited and the LU shall inform Complainant of this fact. Regardless of a Complainant's request for confidentiality or that an investigation not take place, the LU will still provide interim measures and resources to the Complainant.

Title IX prohibits retaliation, and the LU will not only take steps to prevent retaliation but also take strong responsive action if it occurs, even if a formal investigation is not pursued.

The University will not require a student, faculty or staff, who complains of harassment to work out the problem directly with the Respondent.

Notice of Investigation

When it is determined that a formal investigation is necessary, the Title IX Coordinator will send a Notice of Investigation and Potential Violation to the Responding Party (Reporting Party will receive a copy). The notice will include:

1. Specific policies allegedly violated,
2. Sufficient details of the incident(s) under investigation, and
3. Other mandatory notices as required under this policy and/or federal or state law.

The written notification may be sent to the Reporting Party and Responding Party's respective residences or may be sent to them via email to their Lakeland University email account. Reporting Parties and Responding Parties are expected to check their email on a frequent and consistent basis and act in a timely manner as outlined in the official use of email to communicate with students' policy, or Employee Handbook (See Employee Handbook).

Investigation

On behalf of the University, the assigned investigator(s) will conduct a prompt, fair, and impartial investigation including, but not limited to, the following steps:

1. The investigator will review statements obtained from all parties, conduct interviews with both reporting party and responding party, conduct witness interviews, identify, locate and review other relevant information.
2. The Reporting Party and Responding Party will have the same opportunity to identify witnesses for the investigator(s) to interview. The investigator has the right to forgo interviewing a witness if the investigator determines that the person does not have information that is relevant to the investigation. The investigator will not meet with character witnesses as part of the investigation process if they have no relevant factual information about the incident.
3. The Reporting Party and the Responding Party will have the same opportunity to present evidence and/or questions for other parties or witnesses.
4. Throughout the investigation, both the Reporting Party and Responding Party must provide information to the investigator if they remember, or learn of, additional information.
5. The Reporting Party and Responding Party have the right to an advisor of their choosing present for an investigation interview with the designated investigator.
6. At the conclusion of the investigation, the investigator will forward the Draft Investigative Report to the Title IX Coordinator for review and approval. The Title IX Coordinator will arrange for the Reporting Party and the Responding Party to review the report and provide feedback to the Investigator(s). The Investigator has the discretion to change the report or incorporate the feedback as warranted. Once the feedback has been received and/or incorporated, the Investigator forwards the Final Investigative Report to the Title IX Coordinator.

Findings

Evidentiary Standard: The standard of proof for determining a violation of this Policy is that of a preponderance of the evidence—meaning that it is more likely than not that a violation of the Policy occurred.

Hearing Panel Findings: The Title IX Coordinator will forward the Final Investigative Report to the Hearing Panel. The Hearing Panel will review the Investigative Report and make a determination of finding and accompanying sanctions.

Decision Notfication Letter

The Hearing Panel will provide the finding decision to the Title IX Coordinator. The Title IX Coordinator will inform the Reporting Party and the Responding Party of the Hearing Panel's finding by issuing a Decision Notification Letter. The Decision Notification Letter will include findings of fact and a determination of sanction(s), if applicable and any other notices as required by this policy or federal law.

1. If a Responding party is found responsible for violating this Policy, and whether or not the Responding party accepts the findings, the report will be sent to the appropriate University official(s) for action on the sanctions. Once the appropriate University official implements the sanction/action, the same shall be communicated to the Title IX Coordinator.
2. The University will, where appropriate, take reasonable steps to remedy the harm to the affected individual(s) of the sexual harassment, including counseling to those who have been subjected to or who have engaged in sexual harassment.

Withdrawl Or Decision Not To Participate

If an alleged Respondent withdraws from the University before the investigation and/or complaint resolution process have been concluded or the Respondent chooses not to participate in the process, the Respondent will still be informed that he or she is alleged to have violated University policy, that an investigation will be conducted, and that the resolution process will continue.

The Respondent may respond in one of three ways: 1) participate in the investigation, 2) waive the right to be interviewed by the investigator, thereby acknowledging that the complaint resolution process may go forward in his or her absence (this also waive his or her right to appeal an outcome), or 3) waive the right to appear and send a written, signed statement to be considered on his or her behalf as part of the investigation and complaint resolution process.

For withdrawals, a letter will be sent to the Registrar and to the Dean of Students, the registrar of the school in which the student is attempting to enroll in indicating that such proceedings are pending. If the student attempts to re-enroll back into Lakeland University before the matter is resolved, the registrar will notify the Dean of Students. The matter must be fully resolved before the student may re-enroll at Lakeland University.

Sanctions

Lakeland University reserves the right to impose differing sanctions, depending on the severity and/or pervasiveness of the violation. In determining sanctions, the University will consider the concerns and rights of both the Complainant and the Respondent.

The following sanctions may be imposed upon any member of the community found to have violated this Policy. In determining the appropriate sanction(s), the University must examine and consider a number of factors, including, but not limited to: 1) level of risk or harm to the community; 2) the nature and seriousness of the offense; 3) use of drugs or alcohol; 4) motivation underlying the Respondent's behavior; 5) the Respondent's disciplinary history, including prior habitual violations or similar type; 6) cooperation with the investigation.

Note: sanctions will not generally be implemented until after the appeal deadline has passed or, if an appeal is filed, until after the appeal has concluded. However, Lakeland reserves the right to keep in place interim measures, or to implement additional measures, on a case-by-case basis, at any time.

1. Student Sanctions
   
   1. Warning
   2. Probation
   3. Temporary or permanent dismissal from institutional co-curricular activities
   4. Counseling
   5. Extended to permanent no contact order enforcement
   6. Residential hall
      • Relocation
      • Suspension
      • Dismissal
   7. Limited control access to campus
   8. Community service hours
   9. Parental notification
   10. Alcohol and drug assessment counseling
   11. Online self-paid education training
       • Anger management
       • Domestic violence
       • Drug & alcohol awareness
       • Conflict resolution
       • Behavior modification
         
2. Employee Sanctions
   
   1. Corrective counseling including but not limited to warning through termination
   2. Performance Improvement Plan
   3. Referral to the Employee Assistance Program
   4. Required training or education
   5. Suspension without pay
   6. Suspension with pay
   7. Termination

In the event a Responding Party is suspended or dismissed as a result of a finding of responsible under this Policy, a notation will appear on his or her transcript.

Appeals

General Information

Once a Decision Notification Letter is issued under this Policy, the Reporting Party and the Responding Party shall each have the right to submit an appeal to the Title IX coordinator within five (5) business days of receiving the written Decision Notification Letter from the Title IX Coordinator. The Decision Notification Letter will be provided in person and/or emailed to both parties via university-issued email account only. Once the Decision Notification Letter is provided in person and/or sent via email, it will be deemed presumptively delivered.

Any party who files an appeal must do so in writing and submit it to the Title IX Coordinator who will determine if the appeal is timely. If the appeal is timely, the Title IX Coordinator will forward the appeal to the appeal board which consist of three appointed Deputy Title IX Coordinators. A copy of the appeal will be promptly provided to the non-appealing party as well.

The appeal process is not a hearing or a review of the entire matter; rather, it is a review of the record and process only. Appeal decisions are to be deferential to the original investigative findings and determination, remanding only when there is clear reason to do so. Further, modification of the sanction(s) shall only occur if there is a compelling justification to do so.

The Deputy Title IX Coordinators may take one of three possible actions on appeal:

1. Dismiss the appeal as having no merit, upholding the initial findings and sanction(s).
2. Remand to the original investigator for further investigation or fact-finding.
3. Modify the outcome and/or sanction(s).

Criteria for an Appeal

1. Procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures.)
2. To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
3. The sanction(s) imposed fall outside the range of sanctions designated for this offense and the cumulative conduct history of the Responding Party.

The Appeal board will typically render a written decision on the appeal to the Title IX Coordinator within five (5) business days from receipt of the appeal. The Title IX Coordinator will forward the written decision of the Appeal board to the parties.

The Appeals board decision is final and there are no further appellate options.

Supplementary Policy Provisions

Timely Warning Reporting Obligations

Victims of sexual misconduct should be aware that Lakeland University officials must issue timely warnings for incidents reported to them that pose a serious or ongoing threat to students and employees of the campus community. The University will make every effort to ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the threat or possible danger.

False Reports: Lakeland University will not tolerate intentional false reporting of incidents. It is a violation of the Student Conduct Code and Employee Handbook to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.

All Lakeland University students and employees are responsible for knowing the information, policies and procedures outlined in this document.

Parental Notification

Lakeland University reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and drug policy violations. The University may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or drug policy violations. Where a student is non-dependent, the University will contact parents/guardians to inform them of situations in which there is a significant and articulable health or safety risk. Lakeland University reserves the right to designate which University official(s) have the need to know about individual conduct reports pursuant to the Family Educational Rights and Privacy Act (FERPA).

Safeguarding Of Records

Lakeland University shall maintain documents and other data relating to specific complaints or other reports of sexual harassment of students, faculty and staff, regardless of sanction, including the following:

1. A copy of all written reports, and a narrative of all verbal reports of incidents involving allegations of sexual harassment of any kind;
2. Copies of all "No-Contact" Directives and documentation of receipts of the same (signed documents);
3. Documentation establishing that the University provided notice that the Complainant could elect to pursue criminal charges, Title IX complaint and investigation through the University, or both processes simultaneously;
4. A narrative of all actions taken in response to the reports by University personnel, including any written documentation;
5. A copy of any and all disciplinary sanctions issued to students, faculty or staff for violations of this policy;
6. Documentation demonstrating any interim measures offered and provided to the Complainant, the Respondent and/or witnesses of the incident(s) such as counseling or other appropriate services;
7. A narrative of all action taken to prevent recurrence of any harassing incident(s), including any written documentation.

Amendments Or Termination Of This Policy

Lakeland University reserves the right to modify, amend, or terminate this Policy at any time. Students, faculty and staff are encouraged to check online for the most current version of all policies and procedures. If government guidelines and legislation change in a way that impacts this policy, this policy will be construed to comply with new government guidelines and legislation in the most recent form. This policy is effective as of October 15, 2018. This policy supersedes all previous Lakeland policies with respect to Title IX and related discrimination policies.

Bullying

Bullying, defined as:

• Repeated and/or severe
• Aggressive behavior
• Likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally

Any other University policies may fall within this section when a violation is motivated by the actual or perceived membership of the reporting party's sex or gender.

Coercion

Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sexual contact, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Complainant / Reporting Party

Complainant refers to the individual who reported the incident of alleged Prohibited Conduct.

Consensual Relationships & Consent

Any physical/sexual behavior cannot be consented to under any of the following conditions if the person is:

• Under the influence of drugs or alcohol or
• A minor (age of consent in Wisconsin is 18 years of age), or
• Mentally impaired, or
• Bullied, coerced, or
• Threatened, or
• Asleep or unconscious.

Consent

Lakeland University requires that consent to sexual activity be informed, freely and actively given through the demonstration of clear words or actions that a person has indicated permission to engage in mutually agreed-upon sexual activity. Consent cannot be obtained by force which includes the use of physical violence, threats, intimidation or coercion. Consent also cannot be inferred from silence or lack of resistance alone.

Consent cannot be obtained by taking advantage of the incapacitation of another where the person initializing sexual activity should have reasonably known the other lacks the ability to make rational and informed judgements whether to engage in sexual activity. A person who has consumed alcohol or drugs may be incapacitated yet appear lucid and conscious so sexual activity following the ingestion of drugs or alcohol should be exercised with caution. Consenting to one type of sexual behavior does not constitute consent for other types of sexual behavior. Additionally, previous consent to sexual activity does not constitute consent to future sexual activity. Consent can be withdrawn at any time through clear words or actions that an individual wants the sexual activity to cease. Once consent is withdrawn the sexual activity is to cease immediately.

Having sex with someone you know to be, or whom you should know to be incapacitated, is a violation of the Lakeland University Sexual Assault policy. Sexual contact with anyone who is incapacitated is a violation of this policy. People who have a mental illness or deficiency, are unconscious for any reason, or are physically unable to communicate are assumed to be incapable of giving consent. Under Wisconsin state statute, the age of consent is 18 years of age. Consensual sexual content with a person age 16 or 17 years of age is a criminal offense.

Discrimination

Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of sex or gender

Force

Force is the use of physical violence, and/or imposing on someone physically, to gain sexual access. Force includes hitting, kicking, restraining or otherwise exerting their physical control over another person through violence. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance to produce consent.

Hazing

Hazing includes any action taken or situation created, either on campus or off campus, that is intended to produce or which may foreseeably produce unusual or necessary mental or physical harm, or which may cause or foreseeably cause embarrassment, harassment, ridicule or risk of physical, mental or emotional harm.

Hearing Panel

The Hearing Panel is responsible for making a finding following a review of the Investigative Report. The Hearing Panel is comprised of 3 annually trained employees, chosen from a pool of faculty and staff.

Incapacitation

Incapacitation is defined as a state in which a person cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the "who, what, where, why or how" of their sexual interaction). Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.

This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the ingestion of "date rape" drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at https://www.womenshealth.gov/a-z-topics/date-rape-drugs. Use of alcohol or other drugs will never function as a viable defense to a violation of this policy.

Intimate Partner Violence (Dating Violence, Domestic Violence)

Engaging in physical, sexual, or emotional harm between partners or former partners involving one or more of the following:

1. Battery that causes bodily injury
2. Purposely or knowingly causing reasonable apprehension of bodily injury
3. Emotional abuse creating apprehension of bodily injury or property damage
4. Repeated telephonic, electronic, or other forms of communication – anonymously or directly – made with the intent to intimidate, terrify, harass or threaten

Intimidation

Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another

Non-Consensual Contact

Non-Consensual Sexual Contact is defined as any intentional sexual touching, however slight, with any object, of a person upon another person that is without consent and/or by force.

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

Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse is any sexual intercourse however slight, with any object, of a person upon another person that is without consent and/or by force.
Sexual intercourse includes vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Respondent / Responding Party

Respondent refers to a student, employee, or faculty member who allegedly violated this policy.

Retaliation

It is a violation of University policy to retaliate against any person reporting or filing a complaint of harassment, discrimination, or sexual misconduct. Such conduct is inconsistent with University policy and may also be prohibited by law.

"Retaliation" is defined as any adverse action taken against a person making a complaint of prohibited conduct or against any person involved or participating in the investigation of any such allegation. Retaliation is prohibited with or without a University "No Contact" Order in place. The University will treat retaliation with the same strict discipline as discrimination or harassment. As such, any acts determined retaliatory will be subject to appropriate disciplinary action, including but not limited to suspension, expulsion, probation, deferred suspension, removal from campus, and/or any combination of the previously mentioned.

Sexual Exploitation

Occurs when a student, faculty or staff, takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute other sexual misconduct offenses. Examples include, but are not limited to:

1. Invasion of sexual privacy (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed)
2. Prostitution
3. Non-consensual recording, displaying or distributing in any way, video, images and audio of a person engaged in sexually explicit conduct without the consent of that individual. Knowingly transmitting an STI or HIV to another student, and without informing the other person of the infection
4. Exposing one's genitals in non-consensual circumstances; inducing another to expose their genitals
5. Sexually-based stalking and/or bullying may also be forms of sexual exploitation

Sexual Harassment, Discrimination & Sexual Misconduct

Sexual misconduct is a broad term encompassing behaviors focused on sex and or gender discrimination that may or may not be sexual in nature. Sexual misconduct offenses prohibited by this policy include, but are not limited to: 1) Sexual harassment, 2) Non-consensual sexual contact, or attempts to commit same, 3) Non-consensual sexual intercourse, or attempts to commit same, 4) Sexual exploitation, 5) Intimate relationship violence, or 6) Stalking.

Sexual Harassment:

1. Unwelcome conduct that is of an implicitly or overtly sexual nature, or is based on a person's actual or perceived sex, gender, sexual orientation, gender identity, or gender expression.
2. Gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying, or limiting someone's ability to participate in or benefit from the University's education programs, employment and/or activities.
3. Quid Pro Quo Harassment is unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when:
   1. Submission to such sexual conduct is made either explicitly or implicitly a term or condition of education or employment, (including rating or evaluating an individual's academic [or employment] progress, development or performance; or
   2. When submission to such conduct is made a condition for access to or receiving the benefits of any educational [or employment] program.
4. The determination of whether an environment is "hostile" must be based on the totality of the circumstances. These circumstances include, but are not limited to, the following:
   1. The frequency of the conduct
   2. The nature and severity of the conduct
   3. Whether the conduct was physically threatening
   4. Whether the conduct was humiliating
   5. The effect of the conduct on the alleged victim's mental or emotional state
   6. Whether the conduct was directed at more than one person
   7. Whether the conduct arose in the context of other discriminatory conduct
   8. Whether the conduct unreasonably interfered with the alleged victim's educational or work performance.
   9. Power can be defined as anyone in position to implicitly impose conditions upon, threatens, interferes with, or creates intimidating hostile or demanding environment for an individual's a) academic pursuits, b) university employment, c) participation in activities sponsored by the university or organizations or groups related to the university or d) opportunities to benefit from other aspects of university life.
5. Examples of prohibited harassment take a variety of forms and may include, but are not limited to, the following:
   1. Sexual advances, propositions, requests or pressure of any kind for sexual favors under any of the circumstances described above
   2. Sexually explicit, graphic, abusive, degrading, intimidating, or offensive jokes, comments, remarks, or gestures, under any of the circumstances described above
   3. Physical contact or intimidation under any of the circumstances described above
   4. Display, circulation, or communication of any sexually suggestive, explicit, graphic, or offensive objects, pictures, or materials of any kind, under any of the circumstances described above
      Epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to an individual's race, color, national origin, religion, age, disability, sex, gender identity/expression, sexual orientation, marital status, pregnancy, predisposing genetic characteristic, or military status, or any other characteristics protected by this policy and/or law, under any of the circumstances described above.
   5. Placing on walls, bulletin boards, email, social networking websites, or elsewhere on the University's premises graphic material that shows hostility or aversion to an individual or group (as listed above) because of an individual's race, color, national origin, religion, age, disability, sex, gender identity/expression, sexual orientation, marital status, pregnancy, predisposing genetic characteristic, or military status or any other characteristics protected by this Policy and/or law, under any of the circumstances described in this section.

Sexual Misconduct

Sexual misconduct is a broad term encompassing behaviors focused on sex and or gender discrimination that may or may not be sexual in nature. Sexual misconduct offenses prohibited by this policy include, but are not limited to: 1) Sexual harassment, 2) Non-consensual sexual contact, or attempts to commit same, 3) Non-consensual sexual intercourse, or attempts to commit same, 4) Sexual exploitation, 5) Intimate relationship violence, or 6) Stalking.

Stalking

1. Stalking may be displayed in several different ways. One example of stalking is as follows
   
   1. A course of conduct (two or more acts), including any action, method, device or means to follow, monitor, observe, surveil, threaten or communicate about a person or damaging a person's property
   2. Directed at a specific person, either directly or indirectly through a third party
   3. That is unwelcome, AND
   4. Would cause a reasonable person to feel fear or suffer substantial emotional distress.
2. A second example of stalking is as follows
   
   1. Repetitive and menacing (purposely or knowingly causes emotional distress)
   2. Pursuit, following, harassing and/or interfering with the peace and/or safety of another.

Examples include:

• An attempt to coerce an unwilling person into a sexual relationship
• To repeatedly subject a person to egregious, unwelcome sexual attention
• To punish a refusal to comply with a sexual based request
• To condition a benefit on submitting to sexual advances
• Sexual violence; intimate partner violence, stalking; gender-based bullying.

Examples also include:

• Unwelcomed physical touching
• Unwelcomed remarks about a person's body of an employee asking for sexual favors with promise of a reward or punishment
• Sexually suggestive jokes or innuendos
• Sexual assault or coerced sexual activity
• Posting obscene remarks/images of another on social media sites

State of Wisconsin Statute Definitions & Resources

The following types of misconduct have been arranged and defined by the State of Wisconsin statutes:

• Domestic Abuse/Violence:(State Statute 968.075)
  http://docs.legis.wisconsin.gov/statutes/statutes/968/075
• Stalking: (State Statute 940.32)
  http://docs.legis.wisconsin.gov/statutes/statutes/940/II/32
• Consent: (State Statute 940.225(4))
  http://docs.legis.wisconsin.gov/statutes/statutes/940/II/225

Examples of Sexual Misconduct, as Defined by the State of Wisconsin, Include, But Are Not Limited To:

• An attempt to coerce an unwilling person into a sexual relationship.
• To repeatedly subject a person to egregious, unwelcome sexual attention.
• To punish a refusal to comply with a sexual based request.
• To condition a benefit on submitting to sexual advances.
• Sexual violence; intimate partner violence, stalking; gender-based bullying.
• Unwelcomed physical touching.
• Unwelcomed remarks about a person's body of an employee asking for sexual favors with promise of a reward or punishment.
• Sexually suggestive jokes or innuendos.
• Sexual assault or coerced sexual activity.
• Posting obscene remarks/images of another on social media sites.

Examples of Non-Consensual Relationships and Consent, as Defined by the State of Wisconsin, Include, But Are Not Limited To:

• Any physical/sexual behavior cannot be consented to under any of the following conditions if the person is:
• Under the influence of drugs or alcohol or.
• A minor (age of consent in Wisconsin is 18 years of age), or.
• Mentally impaired, or.
• Bullied, coerced, or.
• Threatened, or.
• Asleep or unconscious.

Threatening

Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person.

Title IX Coordinator

The Title IX Coordinator is the designated agent of the University responsible for overseeing University policy, procedures and compliance with Title IX legislation, regulation and case law. It may be necessary for the Title IX Coordinator to name a Designee in certain situations. Throughout this policy, the use of the term "Title IX Coordinator" also means "Title IX Coordinator or Designee."

Reporting Party's Rights

The right to a thorough, impartial and prompt investigation, by an impartial decision maker(s), and appropriate resolution of all credible complaints of Prohibited Conduct made in good faith to Lakeland University

1. The right to be fully informed of the University's relevant policies and procedures
2. The right to be treated with respect by University officials
3. The right to be informed of the option to file a criminal complaint in addition to pursuing a complaint through the University's process, or to do neither
4. The right to experience a safe living, educational experience and productive work environment
5. The right to have access to campus support resources (e.g., counseling and health services (for students), Employee Assistance Program (for employees), clergy and Campus Ministry)
6. The right to have one advisor or support person during this process
7. The right to request to have his/her identity or personally identifiable information withheld during the investigation
8. The right not to be charged for minor student misconduct (such as liquor law or drug law violations) that is minor to the incident
9. The right to request interim measures from the University intended to restore a sense of safety and/or ability to participate in University programs and activities
10. The right to be free from retaliation
11. The right to be given equal opportunity to access, and present evidence to the investigator
12. The right to be kept informed of the status of the complaint and anticipated resolution timeline
13. The right to be informed in writing of the outcome/resolution of the complaint, sanctions where acceptable and the rationale for the outcome where acceptable
14. The right to information about the appeals process and how to appeal an outcome
15. The right to report to a Title IX Coordinator to investigate or not to investigate a complaint.

Responding Party's Rights

The right to a thorough, impartial and prompt investigation, by an impartial decision maker(s), and appropriate resolution of all credible complaints of Prohibited Conduct made in good faith to the University

1. The right to be fully informed of the University's relevant policies and procedures;
2. The right to be treated with respect by University officials
3. The right to have access to campus support resources (e.g., counseling and health services (for students), Employee Assistance Program (for employees), clergy and Campus Ministry)
4. The right to one advisor or support person during this process
5. The right to be given equal opportunity to access, and present evidence to the investigator.
6. The right to be kept informed of the status of the complaint and anticipated resolution timeline
7. The right to be informed, in writing of the outcome/resolution of the complaint and the rationale for the outcome
8. The right to information about the appeals process and how to appeal an outcome

Witness' Rights

1. The right to be treated with respect by University officials
2. The right to be free from retaliation
3. The right not to be charged for minor university violations that is minor to the incident

Lakeland University strongly encourages any student or employee who believes he or she has been harassed or subjected to sexual misconduct to seek prompt assistance from the university and/or police. If you would like to report sexual harassment, non-consensual sexual contact or intercourse, relationship/intimate partner violence or stalking, you have a number of options:

Complaints and Criminal Complaints can be made to the following: Although the LU Campus Safety Department is not a sworn department officers can assist with filing a criminal complaint.

Non-Confidential Reporting Options

Confidential Resources & Reporting

On campus, some resources may maintain confidentiality, meaning they are not required to report actual or suspected Prohibited Conduct to other University officials, thereby offering options and advice without any obligation to inform an outside agency or individual unless the Reporting Party requests the information be shared.

Off-Campus Confidential Reporting Options:

All University employees who observe acts of sexual harassment are required to intervene to stop the harassment, unless circumstances would make such intervention dangerous, and must document and report all such incidents to the Title IX Coordinator, Deputy Title IX Coordinator(s) and/or LUCSD.

Hello! My name is Britta West. I am a Safe Harbor advocate assigned to Lakeland University. The areas that I am trained in providing advocacy services for include; Interpersonal Violence (IPV) also known as Relationship Violence or Dating or Domestic violence, and all forms of Sexual Misconduct.

My office is located in the Health and Counseling Center in Brotz Hall north entrance across from Campus Safety. My current office hours are: Tuesday 8 a.m. - 4 p.m., Friday 8 a.m. - 4 p.m. Please remember, Safe Harbor is a resource that offers emergency shelter and also provides free, confidential services such as the 24-hour help line, community and individual advocacy and support services. If you’d like to schedule a time to meet, please email me at: brittaw@sheboygansafeharbor.org

Go Muskies!

Additional Information: 

Students, Staff and Faculty of the Lakeland community who have experienced any sexual misconduct or relationship violence have the ability to seek assistance right here on campus. A Safe Harbor Advocate can be your support person and help you access resources both on and off campus.

With your permission, the advocate can assist in supporting you through the Title IX process as a process advisor or support person. Advocates can also assist if a report needs to be made to either Campus Safety or law enforcement.

Safe Harbor advocates are present on campus to be a support system to those who have been victimized and may need guidance in accessing resources to begin the healing process.

The advocate is 1 of 3 confidential resources on campus and will not disclose any information, unless there is a continuing threat to yourself or the Lakeland community.

Regular Hours: Safe Harbor Crisis Advocate (On Campus)

Tuesdays & Fridays 8 a.m.- 4 p.m.
Phone: 920-565-1034 ext. 2389

After Hours: Safe Harbor Crisis Advocate (Off Campus)

Phone: 920-452-7640 or 1-800-499-7640

Policy for Providing Academic/Educational Accommodations to Students with Documented Disabilities:

Lakeland University collaborates with students, faculty and staff to ensure equal educational and programmatic access for eligible students with documented disabilities. We provide students the opportunity to reach their full potential by developing academic accommodations and support services along with promoting independence and self-advocacy for all students.

To be eligible for disability-related services, students must have a documented or visible impairment as defined by Section 504 of the Rehabilitation Act (1973), the Americans with Disabilities Act (ADA, 1990) and the ADA Amendments Act (ADA-AA, 2008). The ADA regulations broadly define disability impairments to include a wide variety of disorders or conditions including: ADD/ADHD, Autism Spectrum Disorders, Medical/Health Conditions, Sensory Impairments, Learning Disabilities, Mobility/Physical Disabilities, and Psychological Disabilities.

Applicant:

To help us best meet your specific needs, please complete and return the Disability Accommodation Request Form for Academic/Educational Accommodations.

Required documentation: All applicants must also submit the Verification of Disability Form for Academic/Educational Accommodations.

Complete and return all documentation to:

Lakeland University Disabilities Office
Attn. Karen Eckhardt, ADA Coordinator
Hayssen Academic Resource Center
W3718 South Drive
Plymouth, WI 53073

Phone: 920-565-1021 ext. 2115
Email: EckhardtKL@lakeland.edu
Fax: 920-565-1068

Documentation and Verification of Disability:

Lakeland University relies on documentation and verification from appropriate, licensed professionals as part of the interactive review process in determining the need for academic accommodations.

Diagnostic information will be accepted from the following providers:

DSM-V Diagnosis of ADD/ADHD, or LD must be made by a:

• Ph.D. level Clinical or Counseling Psychologist
• Medical Doctor
• State-licensed and certified School Psychologist (for Educational Diagnosis)

Diagnoses of depression, anxiety and other psychological disorders must be made by a:

• Master’s or PhD level Clinical or Counseling Psychologist or Social Worker
• Medical Doctor

Diagnoses of physical or medical conditions that substantially interfere with a major life function must be made by a licensed medical doctor.

The diagnosis must be current, (i.e. within the last three years) unless the Disabilities Office extends the time period, or the disability documented is of a permanent and unchanging nature.

A student may also submit a prior Individualized Education Plan/504 Plan, or accommodations from a prior college/university as verification of the disability, provided the documentation falls within the three-year guidelines.

All evaluators contributing diagnostic and assessment information must be licensed/accredited in the area they are assessing or evaluating. Documentation must include:

• A clear statement of the DSM-5 or ICD-10 diagnosis
• A summary of the procedures and instruments used to assess, evaluate and diagnose the disability
• A summary of the evaluation results, including standardized test scores
• Past and present symptoms that meet the criteria for diagnosis
• Description of the student’s functional limitations in an educational setting as a result of their disability
• Recommendations for specific academic/educational accommodations

Lakeland University is unable to perform evaluations or assessments that diagnose, certify, confirm, or verify that a student does or does not have a disability condition or impairment.

Application Procedures:

Student must make their request to the ADA coordinator in writing using the Disability Accommodation Request Form for Academic/Educational Accommodations. The request form can be obtained from the ADA coordinator or downloaded from this website.

The ADA coordinator will oversee the interactive process of meeting with the student, verifying all documentation, and developing a reasonable accommodation plan. Requests for disability accommodations can be made at any time during the calendar year. It is generally advised to begin the request process at least four weeks in advance, to allow Lakeland University time to review the documentation and to implement an approved accommodation plan. Accommodations are in effect from date of approval and are not retroactive.

Once the Request Form and the Verification of Disability Forms have been received, the ADA coordinator will review the documentation and make a determination as to which accommodations are reasonable and appropriate.

Accommodations will be individually determined and will be continuous for the student, unless a review is requested by the student or the ADA coordinator.

Student will be notified in writing of the decision in the determination process no later than 14 days following receipt of the Request and Verification forms.

Appeals Process:

Students who are denied accommodations due to a lack of sufficient documentation of their disability may resubmit their request when they have additional documentation. Students wishing to appeal the ADA coordinator’s decision may file an appeal with David Simon, Title IX Coordinator. The grievance procedure can be found at https://lakeland.edu/title-ix/policy-process

Confidentiality and Recordkeeping:

In processing requests for reasonable accommodations, Lakeland University will take all steps required by federal, state, and/or local law to protect the confidentiality of any information or documentation disclosed in connection with the requests. Such measures may include limiting access to such information to individuals specifically designated to determine and implement requests for reasonable accommodations. Those individuals will disclose the information only to the extent necessary to determine whether to grant the request, determine if the request is unreasonable, and implement any request granted.

All written requests and accompanying documentation will be kept in a secure area to which only those designated individuals have access, except as otherwise required by law. Confidential records will be destroyed five years following student’s last date of enrollment at Lakeland University.

Lakeland University will not retaliate against any individual because that individual has requested or received an academic/educational accommodation.

Section 504 of the Federal Rehabilitation Act (1973), the Americans with Disabilities Act (1990, 2008), and the Housing and Urban Development (HUD) Fair Housing Act (1968, 1988, 2020) require that colleges and universities do not discriminate against otherwise qualified applicants and students with documented disabilities. Lakeland University recognizes the importance of providing reasonable accommodations in its housing policies and practices where necessary for individuals with disabilities to fully participate in the housing program.

Reasonable housing accommodations may include single room dwellings, certain accessibility features, and Emotional Support Animal requests.

Procedure for Requesting Reasonable Housing Accommodations (Excluding Requests for Service Animals under the Americans with Disabilities Act Amendments Act)

In evaluating requests for housing accommodations, the Disabilities Office will consult with the Office of Residence Life to determine whether the requested accommodation is necessary and reasonable. Individuals with a disability who reside or intend to reside in University housing, who believe they need a reasonable accommodation, must contact Karen Eckhardt, ADA Coordinator, to initiate the verification process.

Policies and practices for reasonable housing accommodations are governed by the following requirements:

Complete and return all documentation to:

Lakeland University Disabilities Office
Attn. Karen Eckhardt, ADA Coordinator
Hayssen Academic Resource Center
W3718 South Drive
Plymouth, WI 53073

Phone: 920-565-1021 ext. 2115
Email: EckhardtKL@lakeland.edu
Fax: 920-565-1068

1. Requesting a housing accommodation

   1. An individual with a disability must complete the Disability Accommodation Request Form for University Housing to request a reasonable housing accommodation. Copies of the Request Forms are available from Disability Services, Residence Life Services, and can be found at https://lakeland.edu/title-ix#policy-for-providing-accommodations-to-students-with-documented-disabilities

      If the individual requires assistance in completing the Request Form because of their disability, Disability Services will provide assistance in completing the form.

   2. Lakeland University will accept and consider requests for reasonable accommodation in University housing at any time. The individual making the request for accommodation should complete and provide the Disability Accommodation Request Form to Disability Services as soon as practicably possible before moving into University housing. However, if the request for accommodation is made fewer than 60 days before the individual intends to move into University housing, Lakeland University cannot guarantee that it will be able to meet the individual's accommodation request during the first semester or term of occupancy.
   3. If the need for the accommodation arises when an individual already resides in University housing, they should contact Disability Services and complete the Disability Accommodation Request Form as soon as practicably possible. Lakeland cannot guarantee that it will be able to meet the accommodation request during the semester or term in which the request is received.
   4. Housing accommodations from previous academic years are not guaranteed. Verification and documentation for housing accommodations are in place for the duration of one academic year and must be renewed prior to the start of each new academic year.
   5. The University will attempt to provide a written response to a reasonable housing accommodation request within fourteen (14) business days of receiving the information described in the verification process.

2. Information that may be requested as part of the verification process for reasonable housing accommodation

   Verification of Disability Form for Housing Accommodations

   Disability Services shall limit its requests for information to only the information necessary to verify whether the individual making the request has a disability and/or to evaluate if the reasonable accommodation is necessary to provide the individual an equal opportunity to use and participate in University housing.

   1. Obvious Disability
      If the individual's disability and the necessity for the accommodation are obvious (e.g. an individual with a physical disability using a wheelchair needs an accessible room), the individual need only explain what type of accommodation they are requesting. No verification of disability and/or necessity is required under these circumstances.
   2. Non-Obvious Disability/Necessity
      1. If the disability is obvious but the need for the accommodation is not obvious, the University may require the individual to complete the Verification of Disability Form and designate a health care provider who can verify that the requested accommodation is necessary to provide the individual an equal opportunity to use and participate in University housing.
      2. If the disability and necessity for the accommodation are not obvious, Disability Services will require the individual to complete the Verification of Disability Form and designate a health care provider who can verify that the individual has a disability and that the requested accommodation is necessary to provide the individual an equal opportunity to use and participate in University housing.
      3. A health care provider is someone who is familiar with the individual, their history, their disability, and the necessity for the requested accommodation. A reliable health care provider includes, but is not limited to, a physician, psychiatrist, psychologist, physician's assistant, or nurse practitioner.
      4. The Federal Trade Commission (FTC) has determined that many websites offer (for sale) documentation from health care professionals who have had limited contact with the individual requesting such documentation. These professionals lack direct knowledge of the individual's disability and are rarely found to provide appropriate and reliable information in support of a request for housing accommodations.
      5. Lakeland University counseling staff is unable to perform evaluations or write letters in support of housing accommodations.

   If the health care provider returns the Verification Form without sufficient information to determine whether an accommodation is necessary, Disabilities Services will inform the individual in writing of the verification's insufficiency and may request additional information, including speaking directly with the individual supplying the verification, within seven (7) business days of receiving the verification.

   The individual making the request for accommodation must cooperate with Disability Services in a timely manner in providing all information needed to determine whether the requested accommodation is necessary.

3. Determination of Reasonableness
   1. Disability Services may deny the requested accommodation if it is unreasonable. Disability Services shall consult with Residence Life to determine if implementing the requested accommodation is reasonable.
   2. An accommodation is unreasonable if it: (1) imposes an undue financial and/or administrative burden; (2) fundamentally alters university housing policies; (3) poses a direct threat to the health, safety and well-being of others; (4) causes substantial damage to the property of others, including University property; and/or (5) is otherwise unreasonable to the operation of the University and its residential occupants.
4. Approval of Accommodation

   If Disability Services determines a requested accommodation is necessary and is not unreasonable, they will contact the individual, in writing, within seven (7) business days of its determination, to arrange a meeting to discuss the implementation of the accommodation.

5. Denial of Accommodation/Appeal
   1. If Disability Services determines a requested accommodation is necessary but unreasonable, Disability Services will contact the individual, in writing, within fourteen (14) business days of its determination and engage in an interactive process with the individual to determine if there are alternative accommodations that might effectively meet the individual's disability-related needs.
   2. Following the interactive process, if the individual is unwilling to accept any alternative accommodation offered by Disability Services and the Office of Residence Life, or there are no alternative accommodations available, Disability Services will provide a verbal explanation and written notification to the individual of the denial, the reasons for the denial, the right to appeal the decision, and the procedures for that appeals process. The notification shall be in writing and made within seven (7) business days of the notification from the individual of their unwillingness to accept any of the alternative accommodations offered or the determination that there are no alternative accommodations available.
   3. Students wishing to appeal the decision of their housing accommodation request should contact David Simon, Title IX Coordinator. The grievance procedure can be found at https://lakeland.edu/title-ix/policy-process The Owner will be afforded all rights of due process and appeal as outlined in that policy.
6. Confidentiality and Recordkeeping

   In processing requests for reasonable accommodations, the University will take all steps required by federal, state, and/or local law to protect the confidentiality of any information or documentation disclosed in connection with the requests. Such measures may include limiting access to such information to individuals specifically designated to determine and implement requests for reasonable accommodations. Those individuals will disclose the information only to the extent necessary to determine whether to grant the request, determine if the request is unreasonable, and implement any request granted.

   All written requests and accompanying documentation will be kept in a secure area to which only those designated individuals have access, except as otherwise required by law. Confidential records will be destroyed five years following student's last date of enrollment at Lakeland University.

7. Non-retaliation Provision

   Lakeland University will not retaliate against any individual because that individual has requested or received a reasonable accommodation in University housing.

Student is responsible for submitting the following items as part of the application process:

Disability Accommodation Request Form for Emotional Support Animal

Verification of Disability Form-Emotional Support Animal

Lakeland University Emotional Support Animal Policy and Agreement

Emotional Support Animal Roommate Agreement Form

Overview:

Section 504 of the Federal Rehabilitation Act (1973), the Americans with Disabilities Act (1990, 2008), and the Housing and Urban Development (HUD) Fair Housing Act (1968, 1988, 2020) require that colleges and universities do not discriminate against otherwise qualified applicants and students with documented disabilities. Lakeland University recognizes the importance of providing reasonable accommodations in its housing policies and practices where necessary for individuals with disabilities to fully participate in the housing program.

Although it is the policy of Lakeland University that individuals are generally prohibited from having animals of any type in University housing, Lakeland will consider a request by an individual with a disability for reasonable accommodation from this prohibition to allow an Emotional Support Animal that is reasonable and necessary because of a mental health disability.

An Emotional Support Animal (ESA) is an animal that provides therapeutic, emotional support for an individual with a diagnosed mental health disability. Unlike a service animal that is trained to perform specific tasks that are important to the independence or safety of their disabled handler, an ESA is generally not trained to perform disability-specific tasks. Their therapeutic support is a function of their presence and interaction with the person with the disability. An ESA is not a pet but is typically an animal commonly kept in households as a pet. An ESA may be a dog, cat, small bird, rabbit, hamster, gerbil, fish, turtle, or other small domesticated animal that is traditionally kept in the home for pleasure. Under guidelines from Housing and Urban Development (HUD), reptiles, barnyard animals, monkeys and other non-domesticated animals are not considered common household animals. Exceptions to these guidelines regarding animals serving as ESAs will be considered on a case-by-case basis.

The question in determining if an Emotional Support Animal will be allowed in University housing is whether or not the ESA is necessary because of the individual's disability to afford the individual an equal opportunity to use and participate in University housing and its presence in University housing is reasonable. However, even if the individual with a disability establishes necessity for an ESA and it is allowed in University housing, an ESA is not permitted in other areas of the University (e.g. dining facilities, libraries, academic buildings, ecumenical buildings, athletic buildings and facilities, classrooms, labs, individual centers, etc.).

Lakeland University will accept and consider requests for reasonable accommodation in University housing at any time. The individual making the request for the ESA should complete and provide the Disability Accommodation Request Form for Emotional Support Animal to Disability Services as soon as practicably possible before moving into University housing. However, if the request for accommodation is made fewer than 60 days before the individual intends to move into University housing, Lakeland University cannot guarantee that it will be able to meet the individual's accommodation request during the first semester or term of occupancy.

Under no circumstance may an Emotional Support Animal be brought into residential housing without full approval of the ADA coordinator. Guests of any resident may not bring an Emotional Support Animal into any residential dwellings.

Lakeland University reserves the right to restrict Emotional Support Animals to one per dwelling.

Verification and documentation for ESA approval is good for the duration of one academic year and must be renewed prior to the start of each new academic year.

Please complete and return all documentation to the Disabilities Office by mail, email, or facsimile.

Disabilities Office
Attn. Karen Eckhardt, ADA Coordinator
Hayssen Academic Resource Center
W3718 South Drive
Plymouth, WI 53073

Phone: 920-565-1021 ext. 2115
Email: EckhardtKL@lakeland.edu
Fax: 920-565-1068

Disability Accommodation Request Form for Emotional Support Animal

Verification of Disability:

An identifiable relationship must exist between the symptoms of the disability and the specific therapeutic benefits provided by the requested Emotional Support Animal. The ESA must be a specific component of a student's full mental health care plan. Please have your medical doctor, clinical/counseling psychologist, or other qualified care provider complete this form or use it as the basis for their narrative summary.

Verification of Disability Form-Emotional Support Animal

Criteria for Determining if Presence of the Emotional Support Animal is Reasonable:

1. University housing is unique in several aspects including the mandatory assignment of roommates for many individuals and the mandate that individuals must share a room or suite in certain residence halls. To ensure that the presence of an ESA is not an undue administrative burden or fundamental alteration of University housing for all involved parties, Lakeland University reserves the right to assign an individual with an ESA to an alternative dwelling.

   *Roommates of the ESA Owner will be asked to sign an ESA Roommate Agreement Form.

2. For all requests for an Emotional Support Animal, Disability Services shall nonetheless consult with Residence Life in making a determination on a case-by-case basis of whether the presence of an ESA is reasonable. A request for an ESA may be denied as unreasonable if the presence of the animal 1) imposes an undue financial and/or administrative burden; (2) fundamentally alters university housing policies; (3) poses a direct threat to the health, safety and well-being of others; (4) causes substantial damage to the property of others, including University property; and/or (5) is otherwise unreasonable to the operation of the University.

3. Lakeland University may consider the following factors, among others, as evidence in determining whether the presence of the Emotional Support Animal is reasonable or in the making of housing assignments for individuals with an Emotional Support Animal:

   1. The space needed for the crate/cage in which the ESA will be housed is too large for available assigned housing space;
   2. The animal's presence would force another individual from individual housing (e.g. serious allergies);
   3. The animal's presence otherwise violates residents' right to peaceful and quiet environment that is conducive to studying and enjoyment
   4. The animal is not fully housebroken;
   5. The animal's vaccinations and ordinances/regulations are not up-to-date;
   6. The animal poses health risks from zoonotic diseases or safety concerns regarding containment that cannot be sufficiently mitigated for inclusion in the communal living environment
   7. The animal poses or has previously posed a direct threat such as aggressive behavior towards or injuring the Owner or others; or
   8. The animal causes or has caused excessive damage to housing beyond reasonable wear and tear.

Owner's Responsibility for the Emotional Support Animal:

1. The Owner must abide by current city, county, and state ordinances, laws, and/or regulations pertaining to licensing, vaccination, and other requirements for animals.

   Dogs:

   • Proof of up-to-date rabies and distemper vaccinations
   • All dogs must have a Wisconsin license and wear it on a collar at all times
   • Dogs must be at least four months old to receive state of WI license

   Cats:

   • Proof of up-to-date rabies and distemper
   • Cats must be at least four months old to receive full rounds of vaccines
2. The Owner is only permitted to have the ESA in the University housing to which they have been assigned. The ESA is not permitted in other areas of the University (e.g. other residential buildings, dining facilities, libraries, academic buildings, ecumenical buildings, athletic buildings and facilities, classrooms, labs, individual centers, etc.).
3. The Owner is required to clean up after and properly dispose of the animal's waste in a safe and sanitary manner (outside trash receptacles) and, when provided, must use animal relief areas designated by Lakeland University.
4. The Owner is required to ensure the animal is well cared for at all times.
5. The Owner is liable for all actions of the ESA (including but not limited to injuries to other people and animals, property damage, running away, and/or disruptive behaviors).
6. The Owner may not leave the ESA overnight in University Housing to be cared for by any individual other than the Owner.
7. The ESA is allowed in University housing only as long as it is necessary because of the Owner's disability.
8. The Owner will provide the name of an emergency contact person, who does not reside in University housing, who would be able to safely retrieve the ESA in case of an emergency.
9. The Owner is expected to fulfill their housing obligations for the remainder of the housing contract, should the ESA be removed from the premises for any reason.

Removal of the Emotional Support Animal:

Lakeland University may require the Owner to remove the Emotional Support Animal from University housing if:

1. the animal poses a direct threat to the health, safety, or well-being of others
2. the animal causes substantial damage to the property of the University and/or others
3. the animal's presence results in a fundamental alteration of a University program
4. the Owner does not comply with the Owner's Responsibilities set forth above
5. the animal or its presence creates an unmanageable disturbance or interference with the University community (noise, odors)

Lakeland University will base such determinations upon the consideration of the behavior of the particular animal at issue, and not on speculation or fear about the harm or damages an animal may cause. Any removal of the animal, based on conduct and behavior, will be done in consultation between Residence Life, Campus Safety and the Disability Services Coordinator, and may be appealed to the Title IX Coordinator. The grievance procedure can be found at https://lakeland.edu/title-ix/policy-process The Owner will be afforded all rights of due process and appeal as outlined in that policy.

The Owner will have 48 hours to comply with the University decision to remove the ESA.

Should the ESA be removed from the premises for any reason, the Owner is expected to fulfill their housing obligations for the remainder of the housing contract.

Emotional Support Animal Policy and Agreement:

Please complete and return the Lakeland University Emotional Support Animal Policy and Agreement and the Roommate Agreement Form (if applicable) to:

Disabilities Office
Attn. Karen Eckhardt, ADA Coordinator
Hayssen Academic Resource Center
W3718 South Drive
Plymouth, WI 53073

Phone: 920-565-1021 ext. 2115
Email: EckhardtKL@lakeland.edu
Fax: 920-565-1068