
Did you report following official channels? I’ve done investigations in the realms of Titles VI, VII, and IX for a decade and a half, and it is distressing how many people get to the same point you are without ACTUALLY letting a responsible party know. I know you may think I’m being patronizing, but this is akin to the tech industry’s “is it plugged in?” Looking at Marshall’s website, you need to report here -> https://www.marshall.edu/titleix/.
My apologies if you have done this. For a discrimination / harassment claim, the details are important. This is a very important detail. If you have not reported using this channel, Marshall may still be investigating, but I wouldn’t guarantee it. Mandated reporters, which includes almost all university staff, are supposed to pass that information on, but despite required training on this every year, that is a weak spot in the system.
As a collective, the farthest documentations we can even go to is emails sent; and the initial reports to title XI. Which as long as he isn’t found guilty of anything they ignore it all and just brush it off. They say he is just nice and for complimentting. But if you don’t respond to him he won’t continue to work in your food. If he looks at you funny, it’s nothing personal. Etc.
OK, that makes some sense to me from the perspective of an investigator. They’re looking to meet the SPOO standard (no, I’m not kidding). Severe, Pervasive, AND Objectively Offensive. I highlighted “and” because that is a change with the child molester in the White House. It used to be “or”, but now the conduct has to meet both sides to be a violation. You’ve only given a brief description, but nothing you’ve described indicates the conduct is severe.
You do have pervasive, so that side of SPOO is met. Objectively offensive is trickier. You’re involved, so your opinion on if this conduct is objectively offensive is tainted. An investigator is assumed to be objective, and the investigators I’ve met from other universities tend to mirror my own thoughts that objectively offensive must be viewed in balance, with the accused receiving a moderate benefit of the doubt.
So on your end, if you want something to happen, you need to show that the behavior is OBJECTIVELY offensive. Not that you’re offended, but that the average, uninvolved observer would find it objective. The best way to do that is to gather concurring opinions. One person’s opinion often is not compelling. Four, five, six people telling of similar behavior (not just a repeat of your experience), should get traction, but it may take time.