To learn more about Lakeland University's Title IX policy and process, please review the dropdowns below:
Welcome
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.
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.
Title IX Contacts
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. 2472
EdmondMT@lakeland.edu
Karen Eckhardt
Deputy Title IX Coordinator for Academic Accommodations for 504, ADA & ESA
920-565-1000 ext. 2115
eckhardtkl@lakeland.edu
Reporting
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.
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:
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.
Department | Location | Phone Number |
|---|---|---|
| Sheboygan County Sheriff's Dept. | 525 N 6th street Sheboygan, WI 53081 | 911 8-911 (On-campus) |
| LU Campus Safety Dept. (24/7) | N3745 North Dr. Brotz Hall room LL19 | 920-565-1126 |
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.
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.
| Department | Location | Phone Number |
|---|---|---|
| Aurora Sheboygan Memorial Center Medical, SANE nurse | 2629 N 7th street Sheboygan, WI 53083 | 920-451-5553 |
| Safe Harbor | 929 Niagara Ave. Sheboygan, WI 53081 | 920-452-7640 |
Employee Assistance Program (24/7) | aurora.org/eap | 800-236-2131 |
Sojourner Family Peace Center (24-hour domestic violence hotline / Legal emergency assistance) | https://familypeacecenter.org/ | 414-933-2722 |
RAINN | National Resources for Sexual Assault Survivors & their Loved Ones | 800-656-4673 |
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:
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
Title IX Process
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.
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:
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.
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.
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.
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.
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:
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.
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:
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).
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:
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.
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.
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.
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.
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.
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:
Criteria for an Appeal
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.
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).
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:
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.
Title IX Informal Resolution
TITLE IX INFORMAL RESOLUTION FORM
As an option to resolve a complaint of discrimination or harassment under Title IX, the parties may request to attempt Informal Resolution ("IR"). IR is a voluntary resolution process that may be pursued after filing a formal complaint that uses alternative dispute resolution mechanisms, such as mediation, facilitated dialogue, alternative resolution, or administrative resolution.
The Complainant and Respondent may request a specific form of IR by submitting the online form or alerting the Title IX Coordinator. Once a request has been received, the request will be shared with the other party, who may choose to move forward with IR or decline to do so. Both parties must consent to IR by submitting the online form prior to any attempts at IR.
Parties may attempt more than one form of IR. For example, suppose an attempt is made to participate in facilitated dialogue but the results are not satisfactory to both parties. In that case, the Complainant or Respondent may request a transition to Formal Mediation. If both parties agree, an attempt at Formal Mediation will be made.
Once IR has been finalized, the terms of the agreement are binding on both parties, and failure to abide by the terms of the resolution may be referred to the appropriate University process for review and possible application of corrective action or sanction(s).
This form of IR is most appropriate when both parties are comfortable with direct interaction and management of the discussion but prefer a neutral third party. The process typically begins with a brief conversation between the facilitator and each party to assess the situation. Once these conversations have occurred, the facilitator then schedules a meeting with the parties together.
During this meeting, the Complainant and Respondent participate in a facilitated discussion with the purpose being to develop a shared agreement regarding how to correct the harm perceived or realized by the Complainant. The Complainant and Respondent work together to develop an agreement that resolves the issue and repairs relationships that were damaged by the conduct. The neutral facilitator acts as a buffer should emotions run high or the parties need assistance in maintaining focus on the primary issue(s). The facilitator may suggest breaks or interject comments/questions designed to redirect dialogue in a productive manner.
This form of IR is most appropriate when the parties are unlikely to reach a solution without support. Mediation involves a neutral mediator who seeks to improve the parties’ relationship through assisting them in understanding one another, introducing possible solutions to the problem, and making suggestions for improved communication.
Alternative options to facilitated dialogue and formal mediation include the following:
In an Administrative Resolution, the decision-maker will meet separately with the Complainant and Respondent to discuss the allegations; both parties may have an Advisor present for these meetings. The Respondent and Complainant may provide a list of questions for the decision-maker to ask the other party. If the decision-maker considers those questions appropriate and relevant, they may be requested on behalf of the requesting party; answers to such questions will be shared with the requesting party.
The decision-maker will also consider the evidence provided by the investigator, including the Investigative Report and Exhibits. Once the decision-maker has deliberated, they will make a determination as to whether the Respondent has violated the University policy. Once issued, this determination is binding on both parties.
Prior to this option being chosen by the Complainant and Respondent, both parties must acknowledge that by choosing to pursue an Administrative Resolution, they are waiving their rights to a Formal Resolution by a Hearing Panel unless they choose to end the IR process prior to the determination being issued by the decision-maker.
The decision maker’s determination will be based on the "preponderance" standard of evidence. Ultimately, a decision-maker balances probabilities or determines whether it was more likely than not that the alleged conduct occurred. This standard of evidence is known as a "preponderance". It only requires that one party is able to support their position with evidence credible testimony "a feather" more than the other. A way to think about the preponderance standard is to picture two people are holding shopping bags that exactly equal in weight, and this would be like each party’s supporting evidence and testimony being contained separately in one of the bags. At this point, the parties are balanced at a 50/50 probability. Then, as part of your meeting with the decision-maker, you are asked a question that was submitted by the other party. The information provided in the response is relevant but only slightly important to the determination, contributing no more weight to one party’s bag than a feather. However, once the information is added, the balance shifts, and the bags are no longer equal. The decision-maker bases his/her determination on this shift, which was caused by one piece of evidence or testimony that weighed just a feather but tipped the finding to "more likely than not" in favor of one party over the other.
The decision-maker has the discretion to determine the relevance of any witness or documentary evidence and may exclude irrelevant, immaterial, cumulative, or more prejudicial than informative information.
Possible Sanctions -- The sanction of expulsion is not available under an Administrative Resolution. Further, any suspension of a student will not exceed two (2) academic years.
Definitions
Bullying, defined as:
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 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 refers to the individual who reported the incident of alleged Prohibited Conduct.
Any physical/sexual behavior cannot be consented to under any of the following conditions if the person is:
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, 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 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 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.
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 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.
Engaging in physical, sexual, or emotional harm between partners or former partners involving one or more of the following:
Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another
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 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 refers to a student, employee, or faculty member who allegedly violated this policy.
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.
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:
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:
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.
Examples include:
Examples also include:
The following types of misconduct have been arranged and defined by the State of Wisconsin statutes:
Examples of Sexual Misconduct, as Defined by the State of Wisconsin, Include, But Are Not Limited To:
Examples of Non-Consensual Relationships and Consent, as Defined by the State of Wisconsin, Include, But Are Not Limited To:
Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person.
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."
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
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
Non-Confidential & Confidential Resources
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.
Department | Location | Phone Number |
|---|---|---|
| Sheboygan County Sheriff's Dept. | 525 N 6th street Sheboygan, WI 53081 | 911 8-911 (On-campus) |
LU Campus Safety Dept. (24/7) | N3745 North Dr. Brotz Hall room LL19 | 920-565-1126 |
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.
| Department | Location | Contact Info |
|---|---|---|
| Director of Health & Counseling Center Alex Liosatos | W3745 North Dr. Brotz Hall room 25 | 920-565-1034 ext. 2388 liosatosa@lakeland.edu |
| Campus Counselor Amanda Groll | W3745 North Dr. Brotz Hall room 24 | 920-565-1034 ext. 2387 grolla@lakeland.edu |
| Campus Chaplain Julie Mavity Maddalena | N8327 West Dr. Lauer Center 122F | 920-565-1000 ext. 2114 mavmadja@lakeland.edu |
| Safe Harbor Crisis Advocate Britta West | Working remotely | 920-452-8611 ext. 304 brittaw@sheboygansafeharbor.org |
| Department | Location | Phone Number |
|---|---|---|
| Aurora Sheboygan Memorial Center Medical, SANE nurse | 2629 N 7th street Sheboygan, WI 53083 | 920-451-5553 |
Safe Harbor (Off-Campus) | 929 Niagara Ave. Sheboygan, WI 53081 | 920-452-7640 |
| Employee Assistance Program (24/7) | aurora.org/eap | 800-236-2131 |
| Sojourner Family Peace Center (24-hour domestic violence hotline / Legal emergency assistance) | https://familypeacecenter.org/ | 414-933-2722 |
| RAINN | National Resources for Sexual Assault Survivors & their Loved Ones | 800-656-4673 |
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.
Support
Department | Location | Phone number |
|---|---|---|
| Safe Harbor Crisis Advocate Britta West | Working remotely | Tuesdays & Fridays 8 a.m.- 4 p.m. Phone: 920-452-8611 ext. 304 brittaw@sheboygansafeharbor.org |
| Safe Harbor Crisis Advocate | Off-Campus (after hours) | 920-452-7640 or 1-800-499-7640 |
| Director of Health & Counseling Center Alex Liosatos | W3745 North Dr. Brotz Hall room 25 | 920-565-1034 ext. 2388 liosatosa@lakeland.edu |
| Campus Counselor Amanda Groll | W3745 North Dr. Brotz Hall room 24 | 920-565-1034 ext. 2387 grolla@lakeland.edu |
| Aurora Sheboygan Memorial Center Medical, SANE nurse | 2629 N 7th street Sheboygan, WI 53083 | 920-451-5553 |
| Milwaukee LGBT Community Center | 1110 N Market Street, 2nd floor Milwaukee, WI, 53202 | 414-271-2656 www.mkelgbt.org/connect Monday - Thursday: 11 a.m. - 7:30 p.m., Friday: 11 a.m. 5 p.m. |
| Campus Chaplain Julie Mavity Maddalena | N8327 West Dr. Lauer Center 122F | 920-565-1000 ext. 2114 mavmadja@lakeland.edu |
Sexual Assault and Domestic/Dating Violence Advocacy Services
Hello! My name is Kelsi Engelhardt. I am the Safe Harbor advocate assigned to Lakeland University. Safe Harbor is a community resource that offers emergency shelter and provides free, confidential services such as the 24-hour helpline, community and individual advocacy, and other support services. I am trained in providing advocacy services, including 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 Lauer Student Engagement Center 122E. I also am happy to meet virtually or by phone. My current office hours are Mondays and Tuesdays, 10:00 a.m. - 12:00 p.m. and by appointment. I am always excited to work with students and find a time to meet that is convenient for them. As a Safe Harbor advocate, all the services I provide on campus for individual students, faculty, and staff are free and confidential. My goal as an advocate is to provide a safe space for individuals to talk, heal, feel empowered, and obtain resources and knowledge about Sexual Assault and Domestic and Dating Violence.
If you would like to schedule an appointment, please email me at kelsie@sheboygansafeharbor.org or call me at 920-452-8611 ext. 304.
Go Muskies!
Students, staff, and faculty of the Lakeland community who have experienced sexual misconduct or relationship violence can seek assistance on campus. A Safe Harbor Advocate can be your support person and help you access resources both on and off-campus.
Everything the advocate helps you with is your choice. With your permission, the advocate can assist in supporting you through the Title IX process. The advocate can assist you with reporting to Campus Safety or law enforcement. Additionally, the advocate can accompany you if you choose to go to the hospital following an assault.
Safe Harbor advocates are present on campus to be a support system to those who have been victimized and may need a safe, confidential space to talk and 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)
Mondays & Tuesdays 10:00 a.m.- 12:00 p.m.
Phone: 920-452-8611 ext. 304
Email: Kelsie@sheboygansafeharbor.org
After Hours: Safe Harbor Crisis Advocate (Off-Campus)
Available 24/7
Phone: 920-452-7640 or 1-800-499-7640
ADA/504 Academic and Educational Accommodations
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
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:
Diagnoses of depression, anxiety and other psychological disorders must be made by a:
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:
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.
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.
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
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.
Pregnancy and Parenting policy
Any member of the Lakeland community may report a violation of this policy to any supervisor, Title IX Coordinator, or Title IX Deputy Coordinator. All mandated reporters are responsible for promptly forwarding such reports to the Office of the Title IX Coordinator. The Title IX Coordinator is responsible for overseeing complaints of discrimination involving pregnant and parenting students.
The Title IX Compliance Coordinator for Lakeland University is:
David R. Simon Jr.
Office: Lauer Center 122G
Phone: 920 565-1000 ext. 2501
The Title IX Deputy Coordinator for Academic and Title IX Accommodations for Lakeland University is:
Karen Eckhardt
Office: Esch Library 2nd floor
Phone: 920 565-1000 ext. 2115
Complaints may also be filed with the U.S. Department of Education's Office for Civil Rights at:
Office for Civil Rights (OCR)
233 N. Michigan Ave., Suite 240
Chicago, IL 60601
Customer Service Hotline #: (80421-3481
TDD#: (87521‐2172
Email: OCR@ed.gov
Web: https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
Complaints may be filed online, using the form available at www.ed.gov/ocr/complaintintro.html
Department of Education Official Guidance (PDF)
Nursing mother suite request form
Pregnancy/Childbirth & Health-Related Documentation Form
Lakeland University is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (Title IX). Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage. Lakeland hereby establishes a policy and associated procedures for ensuring the protection and equal treatment of pregnant individuals, persons with pregnancy-related conditions, and new parents. Under the Department of Education's (DOTitle IX regulations, an institution that receives federal funding "shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom." According to the DOE, appropriate treatment of a pregnant student includes granting the student leave "for so long a period of time as is deemed medically necessary by the student's physician," and then effectively reinstating the student to the same status as was held when the leave began.
This generally means that pregnant students should be treated by Lakeland University the same way as someone who has a temporary disability and will be given an opportunity to make up missed work wherever possible. Extended deadlines, make-up assignments (e.g., papers, quizzes, tests, and presentations), tutoring, independent study, online course completion options, and incomplete grades that can be completed at a later date should all be employed, in addition to any other ergonomic and assistive supports typically provided by Disability Services. To the extent possible, Lakeland will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same course catalog that was in place when the leave began. The Title IX Coordinator or his/her designee has the authority to determine that such accommodations are necessary and appropriate and to inform faculty members of the need to adjust academic parameters accordingly.
As with disability accommodations, information about pregnant students' requests for accommodations will be shared with faculty and staff only to the extent necessary to provide reasonable accommodation. Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary. Administrative responsibility for these accommodations lies with the Title IX Coordinator, who will maintain all appropriate documentation related to accommodations.
In situations such as field experience, practicals, internships, cooperative education experiences, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient to cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave.
Students are encouraged to work with their faculty and academic accommodations Title IX Deputy Coordinator and support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The academic accommodations Title IX Deputy Coordinator will assist with plan development and implementation as needed.
This policy applies to all aspects of Lakeland University's program, including, but not limited to, admissions, educational programs, and activities, extracurricular activities, hiring, leave policies, employment policies, and health insurance coverage.
A copy of this policy will be made available to faculty, staff, and employees in annually required training and posted on the Lakelands website. Lakeland will alert all new students about this policy and the location of this policy as part of orientation. The Title IX Office will make educational materials available to all members of the Lakeland community to promote compliance with this policy and familiarity with its procedures.
Caretaking: Caring for and providing for the needs of a child.
Medical Necessity: A determination made by a health care provider (of the student's choosinthat a certain course of action is in the patient's best health interests.
Parenting: The raising of a child by the child's parents in the reasonably immediate postpartum period.
Pregnancy and Pregnancy-Related Conditions: Include (but are not limited tpregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions.
Pregnancy Discrimination: Includes treating an individual affected by pregnancy or a pregnancy-related condition less favorably than similar individuals not so affected and includes a failure to provide legally mandated leave or accommodations.
Pregnant Student/Birth-Parent: Refers to the student who is or was pregnant. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.
Reasonable Accommodations: (for the purposes of this policchanges in the academic environment or typical operations that enable pregnant students or students with pregnancy-related conditions to continue to pursue their studies and enjoy the equal benefits of Lakeland University.
Nothing in this policy requires modification to the essential elements of any academic program. Pregnant students cannot be channeled into an alternative program or school against their wishes.
Pregnant students' on-campus housing status will not be altered based on pregnancy status unless requested by the pregnant student. Parenting students' access to housing is governed by the Residence Life Policy, which states that Lakeland residence halls are for the exclusive use of single, full-time undergraduate students who will live in University housing for the entire term of their housing contract.
Housing Accommodations
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
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.
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.
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.
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.
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.
Lakeland University will not retaliate against any individual because that individual has requested or received a reasonable accommodation in University housing.
Emotional Support Animals
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:
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.
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.
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:
Owner's Responsibility for the Emotional Support Animal:
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:
Cats:
Removal of the Emotional Support Animal:
Lakeland University may require the Owner to remove the Emotional Support Animal from University housing if:
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
All submitted forms are treated as completely confidential.
Confidential Reporting Form
Non-Confidential Reporting Form
