LES ASPIN: students hope for change, accountability

(my organization) because I was thinking Marquette would take care of it.”

That day, Schmidt was also told by Kreple that her case may not qualify for Title IX due to legal language changes. The U.S. Department of Education released an updated set of Title IX regulations under the Trump administration May 6, 2020.

“I know this may not be the news you wanted, but please know that I can continue to provide supportive measures as you need them. I am here to talk through what this means,” Kreple wrote in an email to Schmidt Nov. 28. “In the meantime, please know that I am advising Father O’Brien to not only stay away from university-related events but also to avoid contact with all students.”

December 1 and 2

Schmidt said she had a Teams meeting with Kreple Dec. 1.

“I had to really push them to consider it under Title IX,” Schmidt said. “I basically told her that I thought it was pervasive because I had heard other students had brought cases as well. I basically argued that pervasive doesn’t have to apply just to one person. I don’t know if that’s what convinced her to move forward or if she just wanted me to be quiet about it.”

The following day, Schmidt received a “Notice of Formal Complaint,” notifying her that her case would be officially processed under Title IX.

December to February

O’Brien requested a delay in the grievance process due to a Marquette-approved and legally protected leave of absence Dec. 8.

“I have reviewed the information made available to me regarding the respondent’s leave of absence, and I find that it constitutes extenuating circumstances necessary to satisfy the ‘Good Cause’ standard for a reasonable delay,” Kreple wrote in an email to Schmidt Dec. 9.

Kreple said federal law governing Title IX and the policy recognize that delays may oc- cur due to the complexity of the case, the number of witnesses and party, witness or advisor unavailability.

According to Title IX policy, the non-exhaustive list of factors that may constitute “good cause” for short-term delays or extensions of the recipient’s designated time frames relate to the fundamental fairness of the proceedings. Delays caused solely by administrative needs are insufficient to satisfy this standard. A respondent cannot indefinitely delay a Title IX proceeding by refusing to cooperate.

Schmidt said the delay was requested again by O’Brien, and officially granted Jan. 31, postponing both Chrisbaum’s and Schmidt’s hearings to May 19. Chrisbaum and Schmidt were notified about the extended leave of absence Feb. 1, the day O’Brien was supposed to return from his original leave.

Present Day

O’Brien is no longer living in the Les Aspin Center this semester. He is set to retire June 30 — Just over a month after the offi- cial hearing date.

With O’Brien set to retire at the end of this school year, a search committee has been set up to hire the next director of the Les Aspin Center.

While this is still an ongoing case, Kreple said any formal complaints can continue until they are complete, regardless of whether an employee retires or leaves the university for any reason.

“If someone is found responsible for violating the university’s Sexual Harassment and Sex Discrimination Policy, they can face a variety of sanctions,” Kreple wrote in an email to the Marquette Wire. “Someone who is no longer employed by the university could be prohibited from engaging in campusrelated activities in the future, as one example.”

Despite their personal experiences with sexual harassment in Washington, D.C., Schmidt and Chrisbaum both said the Les Aspin Center is a great program for Marquette students.

“I want to see the program thrive. I have really high hopes for it,” Chrisbaum said. “I’m excited to see what the future of the program holds.”

For Schmidt, her biggest concern is that, up until this current semester, O’Brien has lived in the same places that students also live and work.

“I think it’s a huge violation of professional student boundaries that should exist,” Schmidt said. “Marquette knows there are complaints because the Title IX office is doing these processes, so the fact that they still (allowed) him to live there and teach and be around students, I can’t understand why they would allow that.”

Chrisbaum was asked to sit in on the search committee’s interviews for the top three candidates for the next director of the Les Aspin Center last week. He said he hopes they make a decision that will enact change in the program.