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ROWAN UNIVERSITY POLICY
Title: Title IX Sexual Harassment=
/Sexual Assault Policy
Subject: Equity and Diversity
Policy No: SL:2020:01
Applies: University-Wide
Issuing Authority: President
Responsible Officer: Title IX Coordinator, Office of Student Equity and Com=
pliance
Date Adopted: 8/13/2020
Last Revision: 08/31/2023
Last Reviewed: 06/30/2023
I. PURPOSE
Students/Employees of the Rowan Universit=
y community have the right to access and benefit from the University=E2=80=
=99s Education Programs or Activities, free from any form of Sexual Harassm=
ent/Sexual Assault. The University does not tolerate Sexual Harassment/Sexu=
al Assault of any kind. This policy has been developed to reaffirm these pr=
inciples and to provide recourse for those individuals whose rights have be=
en violated.
II=
. ACCOUNTABILITY
Under the direction of the President, the=
Title IX Coordinator of the Office of Student Equity and Compliance (=E2=
=80=9CTitle IX Coordinator=E2=80=9D), shall implement and ensure compliance=
with this policy.
II=
I. APPLICABILITY
This policy applies to all Rowan Universi=
ty students from the time of their acceptance and admission until the date =
of their graduation or formal withdrawal. This policy also applies to all e=
mployees of the University. This policy shall not apply to allegations of s=
exual misconduct which do not constitute Sexual Harassment/Sexual Assault a=
s defined herein. Notwithstanding, such behavior may be addressed by the Un=
iversity under other policies such as the Student Sexual Misconduct and Harassment Policy, Student Code of Conduct, or Procedure for Resolving Student v. Student <=
a class=3D"external-link" href=3D"https://sites.rowan.edu/diversity-equity-=
inclusion/_docs/procedure-for-t6.pdf" rel=3D"nofollow">Discrimination Compl=
aints (for student Respondents); or the Policy Prohib=
iting Discrimination in the Workplace and Educational=
Environment, Disruptive Behavior =
and Workplace Violence Policy, or other applicable policy (for employee=
Respondents).
IV.&=
nbsp; INTRODUCTION
Ti=
tle IX of the Education Amendments of 1972 is a federal law that prohib=
its sex discrimination (which throughout this policy includes discriminatio=
n based on sex, sexual orientation and gender identity) in the University's=
programs and activities. It reads: =E2=80=9CNo person in the United States=
shall, on the basis of sex, be excluded from participation in, be denied t=
he benefits of, or be subjected to discrimination under any education progr=
am or activity receiving Federal financial assistance.=E2=80=9D As a recipi=
ent of Federal financial assistance, Rowan University has jurisdiction over=
complaints alleging sex discrimination, including Sexual Harassment/Sexual=
Assault.
The University will respond to Reports or=
Formal Complaints (as defined below) of conduct prohibited under this poli=
cy with measures designed to stop the prohibited conduct, prevent its recur=
rence, and remediate any adverse effects of such conduct on campus or in Un=
iversity-related programs or activities.
The University will not deprive an indivi=
dual of rights guaranteed under federal and state law (or federal and state=
anti-discrimination provisions; or federal and state law prohibiting discr=
imination on the basis of sex) when responding to any claim of Title IX Sex=
ual Harassment/Sexual Assault.
Conduct that is prohibited under this pol=
icy may also constitute a violation of federal, state or local law and a st=
udent/employee may be charged in the criminal justice system, as well as un=
der this policy. Alternatively, charges can occur for violations of this po=
licy which may not be violations of the law. The criminal justice system is=
different from this Title IX process. The University reserves the right to=
reach its own determination on violations of this policy, independently of=
the outcome of any civil or criminal proceeding. The University retains th=
e right to hear a Sexual Harassment/Sexual Assault matter before, after, or=
during the pendency of a civil or criminal matter related to the same inci=
dent/conduct. If a matter is going through the criminal justice system, and=
a Report or Formal Complaint has also been made to the University, the Tit=
le IX process at the University may proceed normally during the pendency of=
the criminal proceedings. As the Title IX process is an educational discip=
linary process, the legal rules related to evidence, criminal procedure, ci=
vil procedure and administrative procedure do not apply to this process.
V. STANDARD OF EVIDENCE
A finding under this policy will be based=
on the preponderance of the evidence standard. In other words, a finding w=
ill be made if the evidence as a whole shows that it is more likely than no=
t that a violation of the Title IX Sexual Harassment/Sexual Assault Policy =
occurred. Under this policy, there is a presumption that the Respondent is =
not responsible for the alleged conduct until a determination regarding res=
ponsibility is made at the conclusion of the Grievance Process, or the Resp=
ondent admits responsibility.
VI. DEFINITIONS/TERMINOLOGY
- ACTUAL KNOWLEDGE =E2=80=93 Notice of Sexual Harassment/Sexual As=
sault or allegations of Sexual Harassment/Sexual Assault made to the Univer=
sity=E2=80=99s Title IX Coordinator or any official of the University who h=
as authority to institute corrective measures on behalf of the University (=
such as the Investigator, or Dean of Students). This standard is not met wh=
en the only official of the University with Actual Knowledge is also the Re=
spondent. In addition, the mere fact that a third party who works for the U=
niversity (such as a Responsible Employee) may become aware of allegations =
of Sexual Harassment/Sexual Assault, or that such individuals have the abil=
ity or obligation to report Sexual Harassment/Sexual Assault, or to inform =
another about how to report Sexual Harassment/Sexual Assault, or having bee=
n trained to do so, does not qualify an individual as one who has authority=
to institute corrective measures on behalf of the University.
- COMPLAINANT =E2=80=93 An individual who is alleged to be the victim=
of conduct that could constitute Sexual Harassment/Sexual Assault, or on w=
hose behalf the Title IX Coordinator has filed a Formal Complaint.=
li>
- CONSENT =E2=80=93 Consent is informed, knowing, voluntarily and fre=
ely given permission to engage in mutually agreed upon sexual activity. The=
University will apply a reasonable person standard in determining whether =
or not consent was given, unless otherwise required by law.
- The person giving consent must be capable of doing so freely, with the =
ability to understand what they are doing and the specific details (who, wh=
at, when, where, and how) of the sexual contact to which they are consentin=
g.
- Consent may be given by words or actions, as long as those words or act=
ions create mutually understandable permission regarding the conditions of =
sexual activity.
- It is the obligation of the person initiating sexual contact to obtain =
clear consent for the specific type of sexual contact sought. A person=E2=
=80=99s use of alcohol and/or drugs shall not diminish such person=E2=80=99=
s responsibility to obtain consent.
- Lack of protest does not constitute consent. Silence or passivity=
without words or actions that communicate mutually understandable permissi=
on cannot be assumed to convey consent.
- Use of violence, threats, coercion or intimidation invalidates any cons=
ent given.
- A verbal =E2=80=9Cno,=E2=80=9D even if it may sound indecisive or insin=
cere, constitutes lack of consent.
- Consent for one form of sexual contact does not imply consent to other =
forms. For example, consent to oral sex does not imply consent to vaginal/a=
nal sex.
- It is expected that once consent has been established, a person who cha=
nges their mind during the sexual act or sexual contact will communicate th=
rough words or overt actions their decision to no longer proceed.
- Past consent does not constitute consent for future sexual contact/acti=
vity.
- Persons who are unable to give valid consent under New Jersey law, (i.e=
. minors, individuals with mental health disabilities) are considered unabl=
e to give consent under NJ State Policy N.J.S.A. 2C:4-2.
- Consent cannot be given by a person who is unconscious or sleeping. If =
consent has been given while a person is conscious or awake, and then that =
person becomes unconscious or falls asleep, consent terminates at that poin=
t.
- Persons who are incapacitated due to the use of drugs or alcohol cannot=
give consent.
- DISCIPLINARY SANCTIONS =E2=80=93 Disciplinary Sanction(s) shall be =
imposed upon a Respondent where a determination of responsibility for Sexua=
l Harassment/Sexual Assault has been made against the Respondent. Disciplin=
ary Sanctions for student Respondents may range from a warning to expulsion=
. Disciplinary Sanctions for employee Respondents may range from an oral re=
primand, to initiation of revocation of tenure proceedings and termination =
of employment, subject to applicable laws and collective bargaining agreeme=
nts. Student/employee Respondents will also be referred to appropriate auth=
orities for criminal prosecution when appropriate, regardless of any Discip=
linary Sanctions under this policy.
- EDUCATION PROGRAM OR ACTIVITY =E2=80=93 Includes any location, e=
vent, or circumstance over which the University exercises substantial contr=
ol over both the Respondent and the context in which the alleged Sexual Har=
assment/Sexual Assault occurs. This includes all of the University=E2=80=99=
s education programs or activities, whether occurring on or off-campus, and=
any building owned or controlled by a student organization that is officia=
lly recognized by the University (i.e., a house owned or controlled by a Un=
iversity-recognized fraternity or sorority).
- FALSE REPORT=E2=80=93 Intentionally making a report of Sexual Haras=
sment/Sexual Assault, to a University official knowing, at the time the rep=
ort was made, that the prohibited conduct did not occur and the report was =
false. A determination regarding responsibility, alone, will not be s=
ufficient to conclude that any party made a materially false report in bad =
faith.
- FALSE STATEMENT =E2=80=93 Intentionally making a statement during t=
he Grievance Process or Appeals Process to a University official knowing, a=
t the time the statement was made, that it was false. A determination regar=
ding responsibility, alone, will not be sufficient to conclude that any par=
ty or witness made a materially false statement in bad faith.
- FORMAL COMPLAINT =E2=80=93 A document filed and signed by a Comp=
lainant, or signed by the Title IX Coordinator, alleging Sexual Harassment/=
Sexual Assault against a Respondent, and requesting that the University inv=
estigate the allegations of Sexual Harassment/Sexual Assault. The Formal Co=
mplaint should include in detail the nature of the complaint, dates and loc=
ations of particular events, names/contact information of witnesses (if any=
), the name of the individual(s) against whom the complaint is being made, =
and any other relevant information. At the time of filing a Formal Complain=
t, a Complainant must be either participating in or attempting to participa=
te in the Education Program or Activity of the University. A Report of Sexu=
al Harassment/Sexual Assault may be filed with the Title IX Coordinator in =
person, by mail, by electronic mail, or by filling out the report form foun=
d HERE. Upon receipt of a =
Report of possible Sexual Harassment/Sexual Assault, the Title IX Coordinat=
or, or Designee, will reach out the Complainant to discuss the Complainant=
=E2=80=99s options, including the ability to file a Formal Complaint.
- INCAPACITATION =E2=80=93 The physical and/or mental inability to=
make informed, rational judgements and decisions. States of incapacitation=
include sleep, unconsciousness, and blackouts.
- Where alcohol or drugs are involved, incapacitation is determined by ho=
w the substance impacts a person=E2=80=99s decision-making capacity, awaren=
ess of consequences, and ability to make informed judgements. In evaluating=
whether a person was incapacitated for purposes of evaluating effective Co=
nsent, the University considers two questions:
- Did the person initiating sexual activity know that their partner was i=
ncapacitated?
- Should a sober, reasonable person in the same situation have known that=
their partner was incapacitated?
If the answer to either of these questions is =E2=80=9Cyes,=E2=80=9D effect=
ive Consent was absent.
- For purposes of this policy, incapacitation is a state beyond drunkenne=
ss or intoxication. A person is not incapacitated merely because they have =
been drinking or using drugs. The standard for incapacitation does not turn=
on technical or medical definitions, but instead focuses on whether a pers=
on has the physical and/or mental ability to make informed, rational judgme=
nts and decisions.
- A person who initiates sexual activity must look for the common and obv=
ious warning signs that show that a person may be incapacitated or approach=
ing incapacitation. Although every individual may manifest signs of incapac=
itation differently, typical signs include slurred or incomprehensible spee=
ch, unsteady gait, combativeness, emotional volatility, vomiting, or incont=
inence. A person who is incapacitated may not be able to understand some or=
all of the following questions: =E2=80=9CDo you know where you are?,=E2=80=
=9D =E2=80=9CDo you know how you got here?,=E2=80=9D =E2=80=9CDo you know w=
hat is happening?,=E2=80=9D or =E2=80=9CDo you know whom you are with?=E2=
=80=9D
- Because the impact of alcohol and other drugs varies from person to per=
son, one should be cautious before engaging in sexual contact or intercours=
e when either party has been drinking alcohol or using drugs. The introduct=
ion of alcohol or other drugs may create ambiguity for either party as to w=
hether effective Consent has been sought or given. If one has doubt about e=
ither party=E2=80=99s level of intoxication, the safe thing to do is to for=
go all sexual activity.
- REMEDIES =E2=80=93 Remedies may be provided to a Complainant whe=
re a determination of responsibility for Sexual Harassment/Sexual Assault h=
as been made against the Respondent. Remedies are designed to restore or pr=
eserve the Complainant=E2=80=99s equal access to the University=E2=80=99s E=
ducation Program or Activity. Remedies may include the same individualized =
services described in the Supportive/Interim Measures section below; howeve=
r, unlike Supportive/Interim Measures, Remedies need not be non-disciplinar=
y or non-punitive, and need not avoid burdening the Respondent. Remedies pr=
ovided may include, but not be limited to, a one-way no contact directive; =
changes to housing/work arrangements; or a leave of absence.
- REPORT =E2=80=93 Anyone may file a Report alleging an incident o=
f Sexual Harassment/Sexual Assault of which they become aware. The Report s=
hould include as much information possible, such as details (if known) of t=
he nature of the incident, dates of particular events, names/contact inform=
ation of any Complainant, Respondent, witnesses (if any), and any other rel=
evant information. A Report may be filed with the Title IX Coordinator in p=
erson, by mail, by electronic mail, or by filling out the report form found=
HERE.
- RESPONDENT =E2=80=93 An individual who has been reported to be t=
he perpetrator of conduct that could constitute Sexual Harassment/Sexual As=
sault.
- RESPONSIBLE EMPLOYEES =E2=80=93 Certain employees, who under thi=
s policy, are required, after receiving information regarding Sexual Harass=
ment/Sexual Assault, to report it to the Title IX Coordinator. These employ=
ees include, but are not limited to, Public Safety Police and Security Offi=
cers, managers and supervisors, coaches, club and organization advisors, fa=
culty, Deans, and Residential Learning staff (Resident Assistants, Communit=
y Safety Assistants, Resident Directors, and Residential Learning Coordinat=
ors). Notwithstanding, knowledge of an incident of Sexual Harassment/Sexual=
Assault by a Responsible Employee (other than those who also have authorit=
y to institute corrective measures on behalf of the University) does not co=
nstitute Actual Knowledge by the University.
- SANCTIONS =E2=80=93 See Disciplinary Sanctions.
- SUPPORTIVE/INTERIM MEASURES =E2=80=93 See Section X below.
VII. PROHIBITED CONDUCT
This policy addresses allegations of sexu=
al misconduct that meet the definition of Title IX Sexual Harassment/Sexual=
Assault, which encompasses all of the prohibited conduct defined below tha=
t occurs on the basis of sex, sexual orientation and/or gender identity, an=
d meets the following requirements: (i) occurs within the United States; (i=
i) occurs within the University=E2=80=99s Education Program or Activity; an=
d (iii) at the time of the filing of the Formal Complaint, the Complainant =
was participating in, or attempting to participate in, the Education Progra=
m or Activity.
Allegations of sexual misconduct that do =
not fall under this policy because they do not constitute prohibited conduc=
t as defined in this section, may be addressed under the Student Sexual Misconduct and Harassment Policy,=
Student Code of Conduct, or Procedure for Resolving Student v=
. Student Discr=
imination Complaints (for student Respondents); or the Policy Prohibiting Discrimination in the Workplace =
and Educational Environment, Disru=
ptive Behavior and Workplace Violence Policy, or other applicable polic=
y (for employee Respondents).
Prohibited conduct (referred to collectiv=
ely as =E2=80=9CSexual Harassment/Sexual Assault=E2=80=9D throughout the po=
licy) is:
- SEXUAL HARASSMENT =E2=80=93 Conduct on the basis of sex, through an=
y medium, that satisfies one or more of the following:
- An employee of the University conditions the provision of aid, benefit =
or service of the University on an individual=E2=80=99s participation in un=
welcome sexual conduct; or
- Unwelcome conduct determined by a reasonable person to be so severe, pe=
rvasive and objectively offensive that it effectively denies a person of eq=
ual access to the University=E2=80=99s Education Program or Activity.
- SEXUAL ASSAULT =E2=80=93 Any sexual act directed against another=
person, without their consent or where they are incapable of giving consen=
t. An offense that meets the definition of rape, fondling, incest or statut=
ory rape:
- Rape: The penetration, no matter how slight, of the vagina or =
anus with any body part or object, or oral penetration by a sex organ of an=
other person, without the consent of the victim.
- Fondling: The touching of the private body parts of another pe=
rson for the purpose of sexual gratification, without the consent of the vi=
ctim, including instances where the victim is incapable of giving consent b=
ecause of his/her age or because of his/her temporary or permanent mental i=
ncapacity.
- Incest: Sexual intercourse between persons who are related to =
each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: Sexual intercourse with a person who is under =
the statutory age of consent.
- STALKING =E2=80=93 Engaging in a course of conduct, through any =
medium, directed at a specific person that would cause a reasonable person =
to: (a) fear for the person's own safety or the safety of others; or (b) su=
ffer substantial emotional distress. For the purposes of this definition:
- Course of conduct means two or more acts, including, but not limited to=
, acts in which the stalker directly, indirectly, or through third parties,=
by any action, method, device, or means, follows, monitors, observes, surv=
eils, threatens, or communicates to or about a person, or interferes with a=
person's property;
- Reasonable person means a reasonable person under similar circumstances=
and with similar identities to the Complainant;
- Substantial emotional distress means significant mental suffering or an=
guish that may, but does not necessarily, require medical or other professi=
onal treatment or counseling.
- DATING VIOLENCE =E2=80=93 Violence committed by a person who is =
or has been in a social relationship of a romantic or intimate nature with =
another person. The existence of such a relationship shall be determined ba=
sed on a consideration of the following factors: (a) the length of the rela=
tionship; (b) the type of relationship; and (c) the frequency of interactio=
n between the persons involved in the relationship.
- DOMESTIC VIOLENCE =E2=80=93 A felony or misdemeanor crime of vio=
lence committed by: (a) a current or former spouse or intimate partner; (b)=
a person with whom an individual shares a child in common; (c) a person wh=
o is cohabitating with, or has cohabitated with, the other person as a spou=
se or intimate partner; (d) a person similarly situated to a spouse of the =
other person under the domestic or family violence laws in which the crime =
of violence occurred; or (e) any other person against an adult or youth who=
is protected from that person's acts under the domestic or family violence=
laws of the jurisdiction in which the crime of violence occurred.
VIII. REPORTING OPTIONS =E2=80=93 HOW =
TO FILE A REPORT/COMPLAINT
Students/Employees who have experienced S=
exual Harassment/Sexual Assault or sex discrimination in the University's p=
rograms and activities, and those who have knowledge of Sexual Harassment/S=
exual Assault or sex discrimination in the University's programs and activi=
ties, are strongly encouraged to report this information as soon as possibl=
e. Prompt reporting of incidents greatly improves the ability of the Univer=
sity and law enforcement to provide support resources to students/employees=
and to address the violations effectively. Although there is no time limit=
for reporting Sexual Harassment/Sexual Assault, delays in reporting may re=
duce the ability of the University and law enforcement to investigate and r=
espond to incidents. After an incident of Sexual Harassment/Sexual Assault,=
the student/employee should consider seeking medical attention as soon as =
possible. In New Jersey, evidence may be collected even if you chose not to=
make a report to law enforcement.
It is a violation of this policy for anyo=
ne to make a False Report of Sexual Harassment/Sexual Assault, or for anyon=
e to make a False Statement. Disciplinary Sanctions may be imposed for inte=
ntionally making a False Report or False Statement.
- Reporting to Law Enforcement
- Where criminal behavior is involved, the University encourages, and wil=
l assist students/employees with, reporting to law enforcement. However, st=
udents/employees have the right to decline notifying law enforcement. For c=
riminal offenses that occur on the University campus, students/employees sh=
ould immediately contact Rowan Public Safety, 856-256-4911. Rowan Public Sa=
fety can assist students/employees in contacting and filing a report/compla=
int with any other agency when the incident did not occur on campus.
- Glassboro campus =E2=80=93 Glassboro Police Departmen=
t, 1 South Main Street, Glassboro, NJ 856-881-1500; http://www.glassb=
oropd.org/
- Camden campuses =E2=80=93 Camden County Metro Police, 800 Federal Stree=
t, Camden, NJ 856- 757-7440; http://c=
amdencountypd.org/
- RowanSOM campus =E2=80=93 Stratford Police Department, 315 Union , Stra=
tford, NJ 856- 783- 8616; https://som.rowan.edu/oursom/campus/safety.html
- LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Inter=
sex, or Agender/Asexual) students/employees should know that every Rowan Pu=
blic Safety Officer will assist them should they choose to report Sexual Ha=
rassment/Sexual Assault. However, if an LGBTQIA+ student/employee would pre=
fer, they can ask to speak directly with the Rowan University LGBTQIA+ poli=
ce liaison.
- Behavior that constitutes a violation of this policy may also be a crim=
e under the laws of the State of New Jersey.
- Reporting to the University
- A student/employee may choose to report an incident of Sexual Harassmen=
t/Sexual Assault to the University before they have made a decision about w=
hether or not to report to law enforcement. A student/employee has the righ=
t to file a criminal complaint and a Title IX Formal Complaint simultaneous=
ly.
- Once a Report of Sexual Harassment/Sexual Assault has been received, wh=
ether or not a Formal Complaint has been filed, the University will provide=
written notification to the Complainant about existing counseling, health,=
mental health, student advocacy, employee advocacy, legal assistance, visa=
and immigration assistance, student financial aid, and other services that=
are available at Rowan and in the surrounding For more information on thes=
e services please visit OSEC=
=E2=80=99s website.
- Reports of incidents alleging to involve Sexual Harassment/Sexual Assau=
lt or sex discrimination in a University program or activity should be made=
to the Title IX Coordinator in person, by mail, by electronic mail, or by =
filling out the report found HERE.
Interim Title IX Coordinator
Joe =
Mulligan
Office of Student Equity & Compliance, Savitz Hall Room =
333
856-256-5440 or 856-256-4562
mulligan@rowan.edu
=
In addition, prior to filing a Report or Formal Complaint, a person may rea=
ch out to the following individuals to discuss their reporting options. The=
below individuals are Responsible Employees under this policy and, therefo=
re, should report the incident to the Title IX Coordinator. However, their =
knowledge of any incident does not constitute Actual Knowledge by the Unive=
rsity. Thus, if a student/employee wishes to ensure a Report/Formal Complai=
nt has been made, the individual should also reach out to the Title IX Coor=
dinator.
Athletics / LGBTQIA+
Penny Ke=
mpf, Associate Director of Athletics
Esby Gym, Glassboro Campus
856-256-4679
kempf@rowan.edu
Cooper Medical Schoo=
l of Rowan University
Dr. Marion Lombardi, Chief Student Af=
fairs Officer
CMSRU Medical Education Building
Camden, NJ
856-361-2850
lombardim@rowan.edu
Rowan Univers=
ity School of Osteopathic Medicine
Dr. Paula Watkins, Assis=
tant Dean for Admissions
Academic Center, One Medical Center Drive, Suite 113
Stratford, NJ 856-566-7050
fennerpa@rowan.edu
G=
raduate School of Biomedical Sciences
Dr. Diane Worrad, Dir=
ector
42 East Laurel Road, UDP, Suite 2200
Stratford, NJ 856-566-6282
worrad@rowan.edu
- Policy of Immunity =E2=80=93 The University will grant immunity f=
or using alcohol and drugs to both a Complainant and/or Respondent, unless =
the alcohol or drug was used knowingly to perpetrate violence. No one shoul=
d be fearful of obtaining resources or remedies from a violent crime becaus=
e they were intoxicated. In addition, the University will not pursue discip=
linary action for drug or alcohol violations, or most other violations of t=
he Student Code of Conduct, against a party or witness who comes forward in=
good faith to Report Sexual Harassment/Sexual Assault. See Rowan Univer=
sity Good Samaritan Policy.
- Other Reporting Options
Individuals also have the right to fi=
le a complaint with federal/state agencies that investigate Sexual Harassme=
nt, Sexual Assault and discrimination. An external complaint must be filed =
directly with the agency, and each agency should be consulted to determine =
proper deadlines for filing.
Office of Civil Rights, U.S. Department of E=
ducation
New Jersey, New York, Puerto Rico, Virgin Islands OCR
New York Office, U. S. Department of Education
32 Old Slip, 26th =
Floor New York, NY 10005-2500
Telephone: (646) 428-3800
Facsimile: (646) 428-3843 Email: OCR.N=
ewYork@ed.gov
Equal Employment Opportunity Commission Philadelphia District Office
801 =
Market Street, Suite 1000
Philadelphia, PA 19107-3126
Telephone: (800) 669-4000 / (267) 589-9700
Facsimile: (215) 440-2606 Email: PDOC=
ontact@eeoc.gov
New Jersey Division on Civil Rights
Southern Regional Office
5 Executive Campus, Suite 107
Cherry Hill, NJ 08034 map
Telephone: 856-486-4080
Facsimile: 856-486-2255
I=
X. CONFIDENTIALITY
When the University is made aware of a re=
port or allegation of Sexual Harassment/Sexual Assault, the University will=
endeavor to maintain the confidentiality of the matter and of all individu=
als involved to the extent permitted by law. The University will balance th=
e needs of the individuals involved (Complainant and Respondent) with its o=
bligation to fully investigate allegations and to protect the safety and we=
llbeing of the community at large. In all cases, the University and its emp=
loyees will respect the dignity and rights of all individuals involved.
- Responsible Employees: When consulting campus resources, individ=
uals should be aware that certain employees are Responsible Employees who u=
nder this policy are required, after receiving information regarding Sexual=
Harassment/Sexual Assault, to report it to the Title IX Coordinator. These=
include, but are not limited to, Public Safety Police and Security Officer=
s, managers and supervisors, coaches, club and organization advisors, facul=
ty, Deans, and Residential Learning staff (Resident Assistants, Community S=
afety Assistants, Resident Directors, and Residential Learning Coordinators=
). Knowledge of an incident of Sexual Harassment/Sexual Assault by a Respon=
sible Employee (other than those who also have authority to institute corre=
ctive measures on behalf of the University ) does not constitute Actual Kno=
wledge by the University.
If an individual has reported information to a Responsible Employee, but th=
e individual would like for the report to remain confidential, the student =
should contact the Title IX Coordinator, who will evaluate the individual=
=E2=80=99s request for confidentiality. The Grievance Process will only be =
initiated when a Formal Complaint has been filed with or by the Title IX Co=
ordinator.
- Confidential Resources =E2=80=93 Students: Students who desire t=
hat details of an incident be kept confidential can receive confidential se=
rvices through the Counseling & Psychological Services Center (856-256-=
4333), which is located in the Wellness Center at Winans Hall. Counselors =
with specialized training are available to support students who report Sexu=
al Harassment/Sexual Assault. Counselors are available to help you free of =
charge, and can be seen on an emergency basis. The Student Health Center (8=
56- 256-4222) can also provide confidential consultation with students and =
may offer treatment to prevent sexually transmitted infections or pregnancy=
. In circumstances where the Health Center is unable to offer these service=
s, they will provide a referral to an appropriate medical resource. In addi=
tion, you may speak with members of the clergy, who will also keep reports =
made to them confidential. LGBTQIA+ students who would like to speak with a=
confidential resource should know that every counselor at the Wellness Cen=
ter is committed to supporting students of all gender identities, gender ex=
pressions, and sexual orientations. When speaking with these resources, a s=
tudent=E2=80=99s right to confidentiality is legally protected. However, th=
ere are limits to this protection in specific situations. For example, if a=
student discloses that the incident involved the use of a weapon or other =
contraband as defined by New Jersey law, or there is an ongoing threat or d=
anger to the safety of another person (particularly children or the elderly=
), these resources may be required to report the incident to police.
- Confidential Resources =E2=80=93 Em=
ployees: Employees who desire th=
at details of an incident be kept confidential can receive confidential ser=
vices through the New Jersey Employee Advisory Service (1-866-327-9133).
- Federal Statistical Reporting and Federal Timely Warning Obligations=
: Certain campus officials have a duty to report Sexual Harassment/Sexu=
al Assault for federal statistical reporting purposes. All personally ident=
ifiable information is kept confidential, but statistical information must =
be passed along to campus law enforcement regarding the type of incident an=
d its general location (on or off-campus, in the surrounding area, etc. =E2=
=80=93 with addresses withheld), for publication in the annual Campus Secur=
ity Report. This report helps to provide the community with a clear picture=
of the extent and nature of campus crime to ensure greater community safet=
y.
Individuals who report Sexual Harassment/Sexual Assault should also be awar=
e that University administrators may be required to issue timely warnings f=
or certain incidents reported to them that pose a substantial threat of bod=
ily harm or danger to members of the community, to aid in the prevention of=
similar occurrences. The University will withhold the names and other pers=
onally identifiable information of individuals as confidential, while still=
providing enough information for community members to make decisions relat=
ed to their safety in light of the danger.
X. SUPPORTIVE/INTERIM MEASURES
Non-disciplinary, non-punitive individual=
ized services will be offered to the Complainant and/or Respondent, as appr=
opriate and as reasonably available, without fee or charge, where no Formal=
Complaint has been filed, or before or after the filing of a Formal Compla=
int. Such measures are designed to restore or preserve equal access to the =
University=E2=80=99s Education Program or Activity without unreasonably bur=
dening the other party, including measures designed to protect the safety o=
f all parties, the University=E2=80=99s educational environment, and/or to =
deter Sexual Harassment/Sexual Assault.
Supportive/Interim Measures may include, =
but are not limited to, the provision of information related to counseling,=
academic support, mental health services; extensions of deadlines or other=
course-related adjustments; modifications of work or class schedules; camp=
us escort services; mutual restrictions on contact between the parties (no =
contact directives); changes in work or housing locations; leaves of absenc=
e; increased security; and other similar measures. These measures may be im=
plemented in coordination with the Vice President of Student Life/Dean of S=
tudents or designee (students) or the Vice President of Human Resources or =
designee (employees).
In addition, the University may place a s=
tudent on an Interim Suspension, pending the outcome of the Grievance Proce=
ss. This decision will be made in accordance with the University=E2=80=99s =
Student Code of Conduct. And, an employee may be placed on an Administrative leave (pa=
id or unpaid), pending the outcome of the Grievance Process.
The University will maintain as confident=
ial any Supportive/Interim Measures provided to the Complainant or Responde=
nt, to the extent that maintaining such confidentiality would not impair th=
e University=E2=80=99s ability to provide the Supportive/Interim Measure(s)=
.
XI. =
; ADVISORS
A Complainant and Respondent each have th=
e right to an Advisor of their choice during the Grievance Process (discuss=
ed below). An Advisor may be a family member, a friend, an attorney, or any=
third party (i.e., a trusted employee for a student; or a union representa=
tive for an employee). Advisors are present to support the parties and to p=
rovide advice on procedural matters, as well as conduct cross-examination d=
uring any Hearing.
Other than as provided in this policy, Ad=
visors may not speak on behalf of the party.
Advisors must adhere to all conditions an=
d obligations under this policy and as required by the University=E2=80=99 =
s process.
The Advisor has the right to accompany th=
e Complainant or Respondent to any meetings with the Title IX Coordinator, =
Investigator (or their Designee), or University administrators, and the par=
ty has the right to communicate with their Advisor during any meeting. The =
Advisor may also assist the Complainant or Respondent during the investigat=
ion, preparing/submitting a response to the investigation report, attend th=
e live hearing, or assist with the filing of an appeal.
The Advisor does not have speaking privil=
eges during the investigation/investigatory interviews. The Title IX Coordi=
nator or designee will exercise control over the investigation. Anyone who =
disrupts an investigatory interview or who fails to adhere to University po=
licies may be asked to leave an investigatory interview.
With respect to the Hearing, if a Complai=
nant or Respondent does not have an Advisor, one will be provided by the Un=
iversity. The Advisor is to conduct cross examination on behalf of the part=
y at the Hearing, as the parties may not conduct cross-examination on their=
own behalf.
Regardless of whether a party has an Advi=
sor, the Title IX Coordinator, Investigator or Designee will correspond and=
communicate directly with the parties. If a party wishes for their Advisor=
to be copied on any correspondence or communications, the party should adv=
ise the Title IX Coordinator or Investigator.
XII. GRIEVANCE PROCESS/PROCEDURES
Upon receipt of a Report of Sexual Harass=
ment/Sexual Assault, the Title IX Coordinator or Designee, will contact the=
Complainant to: (i) discuss available Supportive/Interim Measures, while t=
aking into consideration the Complainant=E2=80=99s wishes; (ii) inform the =
Complainant that the Supportive/Interim Measures are available with or with=
out a Formal Complaint; and (iii) explain the process for filing of a Forma=
l Complaint.
Upon receipt of a Formal Complaint, the U=
niversity will initiate the Grievance Process.
The University will treat Complainants an=
d Respondents equitably by providing Remedies to a Complainant where a dete=
rmination of responsibility for Sexual Harassment/Sexual Assault has been m=
ade against the Respondent, and by following the Grievance Process before t=
he imposition of any Disciplinary Sanctions or other actions, that are not =
Supportive/Interim Measures, are taken against a Respondent.
Throughout the Grievance Process, there w=
ill be an objective evaluation of all relevant evidence, including both inc=
ulpatory (evidence implying or imputing responsibility) and exculpatory (ev=
idence exonerating responsibility) evidence. In addition, credibility deter=
minations will not be based on an individual=E2=80=99s status as a Complain=
ant, Respondent, or witness.
Individuals involved in the Grievance Pro=
cess (Title IX Coordinator, investigator, decision-maker, or any person des=
ignated by the University to facilitate an informal resolution process) sha=
ll not have a conflict of interest or bias for or against Complainants or R=
espondents generally, or an individual Complainant or Respondent. Such indi=
viduals shall also have the appropriate training as set forth in the Traini=
ng Section of this policy.
It is presumed that a Respondent is not r=
esponsible for the alleged conduct until a determination regarding responsi=
bility is made at the conclusion of the Grievance Process, or if a Responde=
nt admits to responsibility.
It is a violation of this policy for anyo=
ne to make a False Report of Sexual Harassment/ Sexual Assault, or for anyo=
ne to make a False Statement during the Grievance Process. Disciplinary San=
ctions may be imposed for intentionally making a False Report or False Stat=
ement.
- Dismissal of a Formal Complaint
- The Title IX Coordinator must dismiss the Formal Complaint, or allegati=
ons therein, at any time, if it is determined that the conduct alleged: (i)=
would not constitute Sexual Harassment/Sexual Assault, even if proved; (ii=
) did not occur while the Complainant was participating in, or attempting t=
o participate in, the University=E2=80=99s Education Program or Activity; o=
r (iii) did not occur against a person in the United States. Such a=
dismissal does not preclude the University from taking action under anothe=
r provision of the University=E2=80=99s policies.
- The Title IX Coordinator, in his/her discretion, may also dismiss the F=
ormal Complaint, or allegations therein, if at any time during the Grievanc=
e Process, the following occurs: (1) the Complainant notifies the Title IX =
Coordinator in writing that the Complainant would like to withdraw the Form=
al Complaint, or any allegations therein; (ii) the Respondent is no longer =
enrolled or employed by the University; or (iii) specific circumstances pre=
vent the University from gathering evidence sufficient to reach a determina=
tion as to the Formal Complaint or allegations therein.
- Written notice of any required or permitted dismissal, including any re=
ason(s) therefore, shall be promptly sent to the parties simultaneously. Th=
is notice will also advise the parties of their appeal rights in accordance=
with this policy.
- Consolidation of Formal Complaints =E2=80=93 Formal Complaints a=
s to allegations of Sexual Harassment/Sexual Assault against more than one =
Respondent, or by more than one Complainant against one or more Respondents=
, or by one party against the other party, may be consolidated where the al=
legations of Sexual Harassment/Sexual Assault arise out of the same facts o=
r circumstances.
- Notice of Allegations =E2=80=93 Upon receipt of a Formal Complai=
nt, the Title IX Coordinator, or Designee, will provide written notice to t=
he known parties, which includes:
- A link to the University=E2=80=99s Title IX Sexual Harassment/Sexual As=
sault Policy, so the parties can review the University=E2=80=99s Grievance =
Process, including the Informal Resolution Process;
- Sufficient detail, of what is known at the time, related to the allegat=
ions of Sexual Harassment/Sexual Assault, including details such as the ide=
ntities of the parties involved, the conduct allegedly constituting Sexual =
Harassment/Sexual Assault, and the date(s) and location(s) of the alleged i=
ncident(s);
- A statement that the Respondent is presumed not responsible for the all=
eged conduct, and that a determination regarding responsibility will be mad=
e at the conclusion of the Grievance Process;
- Information that the parties may have an Advisor of their choice, who m=
ay be, but is not required to be, an attorney;
- A statement that the parties and their Advisors will have the right to =
inspect and review evidence during the investigation of a Formal Complaint;=
and
- Reference to the provisions within the Title IX Sexual Harassment/Sexua=
l Assault Policy that prohibits knowingly making False Reports or False Sta=
tements.
Such notice will be provided to the parties within a reasonable period of t=
ime prior to conducting any investigatory interview, so that the parties ha=
ve time to prepare and meaningfully respond.
If, in the course of an investigation, the University decides to investigat=
e allegations about the Complainant or Respondent that were not included in=
the initial notice, the University will provide notice of the additional a=
llegations to be investigated, to the known parties.
- Formal Resolution Process
- Written Notice of Meetings, Interviews, Hearings =E2=80=93 Writt=
en notice of the date, time, location, participants, and purpose of all inv=
estigative interviews, hearings, or any other meetings, will be provided to=
any party whose participation is invited or expected, with sufficient time=
for the party to prepare to participate.
- Investigation of a Formal Complaint =E2=80=93 After notification=
of the allegations in the Formal Complaint has been sent, the Investigator=
, or Designee, will promptly initiate an investigation within seven (7) cal=
endar days. The investigation shall be completed in a reasonably prompt man=
ner, and should be completed within ninety (90) calendar days from the time=
the Formal Complaint is filed.
- The investigation will include interviews of the Complainant(s), Respon=
dent(s) and any witnesses/individuals believed to have information relevant=
to the allegations, as well as the collection of any relevant evidence.
- Each party is permitted to have their Advisor present during any invest=
igatory interview, or other meeting. However, while the party has the right=
to communicate with their Advisor during any meeting, the Advisor does not=
have speaking privileges during the investigation/investigatory interviews=
.
- The investigator will not access, consider, disclose, or otherwise use =
a party=E2=80=99s records that are made or maintained by a physician, psych=
iatrist, psychologist, or other recognized professional/paraprofessional ac=
ting in the professional/paraprofessional=E2=80=99s capacity, or assisting =
in that capacity, and which are made and maintained in connection with the =
provision of treatment to the party, unless the investigator obtains that p=
arty=E2=80=99s voluntary, written consent to do so for a Grievance Process.=
- The parties and their Advisors are not restricted from discussing the a=
llegations under investigation for the purpose of gathering and presenting =
evidence to the investigator.
- During the investigation, the parties will be provided the opportunity =
to present witnesses, including fact and expert witnesses, and other inculp=
atory (evidence implying or imputing responsibility) and exculpatory (evide=
nce exonerating responsibility) evidence.
- Investigation Report =E2=80=93 The Investigator or Designee will pr=
epare an Investigation Report that fairly summarizes relevant evidence and =
party/witness statements.
- Prior to an Investigation Report being prepared, all of the evidence ga=
thered by the investigator (any evidence obtained as part of the investigat=
ion, that is related to the allegations in the Formal Complaint, including =
information that will not be relied upon in reaching a determination and wi=
thout regard to the source of the information), will be shared with the par=
ties and their Advisors (if any) simultaneously. Names and other identifyin=
g information of individuals may be redacted if required by the Family Educ=
ational Rights and Privacy Act ("FERPA"). The parties and their Advisors mu=
st keep the evidence confidential and not share it with anyone, except for =
the purpose of gathering and presenting relevant evidence to provide to the=
investigator within the 10-day period. Failure to abide by this confidenti=
ality obligation may subject a party or Advisor to disciplinary action by t=
he University.
- Each party may respond to the investigator in writing, within ten (10) =
calendar days of receipt of the evidence.
- After reviewing any timely submitted responses by the parties, the inve=
stigator will prepare an Investigation Report. The Investigation Report wil=
l fairly summarize the relevant evidence and party/witness statements.
- The parties and their Advisors (if any) will be simultaneously provided=
with an electronic or hard copy of the final Investigation Report. The par=
ties may choose to provide a written response to the Investigation Report, =
which must be submitted to the investigator within ten (10) calendar days o=
f receipt. The parties and their Advisors (if any) will be provided with an=
electronic or hard copy of the other party's written response, if any, to =
the Investigation Report.
- A copy of the Investigation Report and any written response(es) will th=
en be forwarded to the Office of Community Standards, for the scheduling of=
a Hearing.
- Hearing =E2=80=93 A Hearing should be scheduled by the Office of=
Community Standards no later than thirty (30) calendar days after receipt =
of the final Investigation Report.
- Each party may have one Advisor attend the Hearing, who will be respons=
ible for conducting cross-examination and questioning on behalf of the part=
y. Prior to the scheduled Hearing, each party will be asked to identify the=
ir Advisor who will be present for the Hearing. If a party does not have an=
Advisor, the University will provide one to them.
- Prior to the scheduled Hearing, the parties will be provided an opportu=
nity to make a request for witnesses to participate in the Hearing on their=
behalf. The parties must notify the Assistant Dean of Students, or D=
esignee, of any witnesses at least seven (7) calendar days prior to the Hea=
ring. The parties will also be advised of potential Hearing Officer(s), and=
provided the opportunity to object to a specific Hearing Officer based on =
a conflict of interest.
- If the matter to be heard had originally attempted, but was unsuccessfu=
l at, the Informal Resolution Process, any information related to the Infor=
mal Resolution Process will not be admissible during the Hearing. In additi=
on, the individual who facilitated the Informal Resolution Process may not =
be called as a witness at the Hearing.
- The matter will be heard by a Hearing Officer who will exercise control=
over the manner in which the Hearing is conducted, including being respons=
ible for managing the cross-examination and questioning process in accordan=
ce with applicable law/policy. The Hearing Officer will make decisions rega=
rding responsibility and any Disciplinary Sanctions, if applicable.
- Hearings may be conducted with all parties physically present in the sa=
me geographic location or, at the University=E2=80=99s discretion, any or a=
ll parties, witnesses, and other participants may appear at the Hearing vir=
tually, with technology enabling participants simultaneously to see and hea=
r each other. For Hearings occurring in-person, at the request of a party, =
the University will provide for the Hearing to occur with the parties locat=
ed in separate rooms with technology enabling the Hearing Officer, parties =
and their Advisors to simultaneously see and hear the party or the witness =
answering questions.
- Both/all parties shall be permitted to be present during testimony of a=
ll witnesses and presentation of the evidence throughout the Hearing.
- The Hearing Officer will be provided access to the final Investigation =
Report and evidence at least twenty-four (24) hours prior to the Hearing.&n=
bsp; However, while the Hearing Officer may consider the final Investigatio=
n Report as evidence, the Hearing Officer will function as an independent a=
djudicator and will not be bound by any findings made by the investigator.<=
/li>
- At the beginning of the Hearing, the Hearing Officer will enter his, he=
r or their name into the recording. The parties and their Advisors will als=
o enter their names into the recording.
- The Hearing Officer will ask if the Respondent has received the origina=
l notice of allegation(s) letter, and understands the nature of the charges=
.
- The Hearing Officer will then confirm that the parties have received co=
pies of the Formal Complaint, notice of allegation(s) letter, list of witne=
sses, along with the final Investigation Report.
- The remainder of the Hearing will customarily proceed in the following =
order:
- Opening statement from the Complainant;
- Opening statement from the Respondent;
- Questioning of Complainant by Hearing Officer;
- Cross-examination of Complainant by Respondent=E2=80=99s Advisor;
- Questioning of Respondent by Hearing Officer;
- Cross-examination of Respondent by Complainant=E2=80=99s Advisor;
- Questioning of witnesses =E2=80=93 each witness will be called one at a=
time, questioned separately, and dismissed at the conclusion of their test=
imony. Each witness may be questioned by the Hearing Officer, as well=
as the parties=E2=80=99 Advisors;
- Final questions of the Complainant(s)/Respondent(s) from the Hearing Of=
ficer;
- Respondent=E2=80=99s final statement; and
- Complainant's final statement.
- Each party=E2=80=99s Advisor will be permitted to ask the other party a=
nd any witnesses all relevant questions and follow-up questions, including =
those challenging credibility. Cross- examination conducted by the Advisors=
must be done directly, orally and in real time.
- Only relevant cross-examination and other questions may be asked of a p=
arty or witness. Before a Complainant, Respondent, or witness answers a cro=
ss-examination or other question, the Hearing Officer will first determine =
whether the question is relevant, and explain any decision to exclude a que=
stion as not relevant.
- Questions and evidence about the Complainant's sexual predisposition or=
prior sexual behavior are not relevant, unless such questions and evidence=
: (1) are offered to prove that someone other than the Respondent committed=
the conduct alleged by the Complainant, or (2) concern specific incidents =
of the Complainant's prior sexual behavior with respect to the Respondent, =
and are offered to prove Consent.
- The presentation of evidence by a party (including opening statements),=
questions directed to participants, and final statements may be constraine=
d to specified time periods when cumulative or as otherwise deemed appropri=
ate by the Hearing Officer.
- The Hearing Officer may not draw an inference about the determination r=
egarding responsibility based solely on a party or witness's absence from t=
he Hearing, or refusal to answer cross-examination or other questions.
- Formal rules of evidence that are applicable to civil and criminal tria=
ls are not applicable to the Hearing.
- All Hearings will be closed to the public, and the only individuals who=
are permitted to attend are the Complainant(s), Respondent(s), their Advis=
ors, the Hearing Officer, and any witnesses called to provide testimony. In=
addition, University administrators (i.e., legal counsel) may also attend =
the Hearing with prior approval from the Hearing Officer.
- All Hearings will be audio and/or video recorded. Upon request, a=
digital file will be made available to the parties for inspection and revi=
ew.
- Written Determination Regarding Responsibility/Disciplinary Sanction=
s =E2=80=93 Within fourteen (14) calendar days following the Hearing, t=
he decision-maker(s) will issue a written determination regarding responsib=
ility, and Disciplinary Sanctions and/or Remedies (if applicable).
- If a Respondent has a record of prior disciplinary violations by the Un=
iversity, unless otherwise permissible, this information will not be consid=
ered by the Hearing Officer until after a determination of responsibility h=
as been made, to assist the Hearing Officer in determining appropriate Disc=
iplinary Sanctions.
- The written determination will include:
- A summary of the allegations of Sexual Harassment/Sexual Assault;
- A description of the procedural steps taken from the receipt of the For=
mal Complaint through the determination, including any notices to the parti=
es, interviews with parties and witnesses, site visits, methods used to gat=
her other evidence, evidence considered, and hearings held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of the University=E2=80=99s Title=
IX Sexual Harassment/Sexual Assault Policy to the facts;
- A statement of, and rationale for, the result as to each allegation, in=
cluding a determination regarding responsibility, any Disciplinary Sanction=
(s) the University will impose on the Respondent, and whether Remedies desi=
gned to restore or preserve equal access to the University=E2=80=99s Educat=
ion Program or Activity will be provided by the University to the Complaina=
nt; and
- Information regarding the University=E2=80=99s process and permissible =
bases for the Complainant and Respondent to appeal.
- The University will provide the written determination to the parties si=
multaneously.
- The determination regarding responsibility becomes final either on the =
date that the University provides the parties with the written determinatio=
n of the result of an appeal, if any appeal is filed; or if an appeal is no=
t filed, the date on which an appeal would no longer be considered timely.<=
/li>
- Informal Resolution Process
=
At any point after a Formal Complaint has been filed, but before a determin=
ation of responsibility has been made, the University offers the opportunit=
y for the parties to take part in an Informal Resolution Process, as an alt=
ernative to the Formal Resolution Process. Allegations of Sexual Harassment=
/Sexual Assault made by a student against an employee may not be resolv=
ed through Informal Resolution.
Informal Resolution is an opp=
ortunity for the parties to settle their matter, without going through the =
entire Formal Resolution Process, and without a finding by the University r=
elated to responsibility. The University will not pursue disciplinary actio=
n against a Respondent during the Informal Resolution Process. And, if the =
parties seek an Informal Resolution after an investigation has already begu=
n, the investigation will be suspended, pending the outcome of the Informal=
Resolution.
Any party interested in pursuing an Informal Resolution should advise the T=
itle IX Coordinator. Engagement in the Informal Resolution Process is compl=
etely voluntary, and each party must provide their written consent prior to=
beginning the process. If both/all parties do not agree to the Informal Re=
solution Process, the Formal Complaint will be addressed through the Formal=
Resolution Process. Most matters will be eligible for the Informal Resolut=
ion Process; however, the Title IX Coordinator, in his/her discretion, may =
determine, based on the allegations in the Formal Complaint, that a matter =
is not appropriate for Informal Resolution.
The Informal Resolution Process will be f=
acilitated by the Title IX Coordinator or Designee. The Informal Resolution=
Process will be initiated within ten (10) calendar days of the receipt of =
the written consent of both/all parties. The Title IX Coordinator, or Desig=
nee, will work with the parties to complete the Informal Resolution Process=
within thirty (30) days.
Prior to engaging in the Informal Resolut=
ion Process, the parties will receive written notice providing the followin=
g information: (i) disclosure of the allegations, (ii) the requirements of =
the informal resolution process, including the circumstances under which it=
precludes the parties from resuming a Formal Complaint arising from the sa=
me allegations; (iii) notice that prior to agreeing to a resolution, any pa=
rty has the right to withdraw from the Informal Resolution Process and resu=
me the Formal Resolution Process; and (iv) the consequences resulting from =
participating in the Informal Resolution Process, including the records tha=
t will be maintained or could be shared.
If the parties reach an Informal Resoluti=
on of a Formal Complaint, an agreement that outlines the terms agreed upon =
by the parties will be prepared and signed by all parties. Each/all parties=
will be provided with a copy of the signed agreement, and the University w=
ill retain a copy in accordance with applicable law and its recordkeeping r=
equirements. Agreements reached via the Informal Resolution Process shall b=
e final and cannot be appealed. Any agreement reached through the Informal =
Resolution Process will provide that a student=E2=80=99s failure to comply =
with the terms of the signed agreement may result in disciplinary action in=
accordance with the Student Code of Conduct; and an employee=E2=80=99s fai=
lure to comply with the terms of a signed agreement may result in disciplin=
ary action, up to and including termination.
If the Informal Resolution Process is uns=
uccessful, or a party requests to end the process before a resolution is re=
ached, or if at any time the Title IX Coordinator, or Designee, determines =
an Informal Resolution is no longer appropriate, the matter will be address=
ed through the Formal Resolution Process.
If a matter is unsuccessful in reaching a=
n informal resolution, and is to be addressed through the Formal Resolution=
Process, any information related to the Informal Resolution Process will n=
ot be admissible during a Hearing. In addition, the individual who facilita=
ted the Informal Resolution Process may not be called as a witness at a Hea=
ring.
=
XIII. APPEALS PROCESS
Complainants or Respondents may appeal the Univer=
sity=E2=80=99s dismissal of a Formal Complaint (or any allegations therein)=
; or a determination regarding responsibility, including any Disciplinary S=
anction(s) imposed.
- Time to File an Appeal =E2=80=93 An appeal must be in writing, a=
nd filed within seven (7) calendar days of the date of the letter informing=
the parties of the dismissal decision; or the determination regarding resp=
onsibility, including any imposition of Disciplinary Sanctions, if applicab=
le. If an appeal is not filed within seven (7) calendar days, the dis=
missal decision or determination regarding responsibility (including Discip=
linary Sanctions, if applicable) will be deemed final.
- Bases for Appeal =E2=80=93 Review of an appeal will be limited t=
o the following bases:
- Procedural irregularity or substantive error that affected the outcome =
of the Deviations from the University=E2=80=99s policy/procedures will not =
be a basis for sustaining an appeal unless significant prejudice resulted;<=
/li>
- New evidence that was not reasonably available at the time the determin=
ation regarding responsibility or dismissal was made, that could affect the=
outcome of the matter;
- The Title IX Coordinator, investigator(s), or decision-maker(s) had a c=
onflict of interest or bias for or against complainants or respondents gene=
rally or the individual Complainant or Respondent that affected the outcome=
of the matter; or
- The Disciplinary Sanction(s) imposed were substantially disproportionat=
e or not appropriate in light of the violation(s).
- Procedure for Appeal of Dismissal o=
f Formal Complaint or Allegations =E2=80=93 A party who wishes to appeal the Title IX Coordinator=E2=80=99s=
decision to dismiss the Formal Complaint or an allegation therein, must su=
bmit the appeal in writing to the Vice President for Student Life and Dean =
of Students (=E2=80=9CVP for Student Life=E2=80=9D), explaining in detail t=
he basis of the request, and including any supporting documentation. The VP=
for Student Life, or Designee, will review the appeal, any submission from=
the other party, Formal Complaint and the Title IX Coordinator=E2=80=99s d=
ecision to dismiss, and then issue a written decision resolving the appeal,=
that includes the rationale for the decision, within fourteen (14) calenda=
r days of receipt of the The appeal decision will be issued simultaneously =
to both/all parties. An assigned Designee shall not be the Title IX Coordin=
ator, Investigator (or Designee), or anyone who would be involved in the de=
termination regarding responsibility.
- Procedure for Appeal of Determinati=
on Regarding Responsibility/Sanctions =E2=80=93 A party who wishes to appeal a determination of responsibil=
ity, including any Disciplinary Sanction(s) imposed, if applicable, must su=
bmit the appeal in writing to the Vice President for Student Life and Dean =
of Students (=E2=80=9CVP for Student Life=E2=80=9D), explaining in detail t=
he basis of the request, and including any supporting documentation. The VP=
for Student Life, or Designee, will review the written appeal, any submiss=
ion from the other party, and all documentation contained in the case file.=
The VP for Student Life, or Designee, will issue a written decision resolv=
ing the appeal, that includes the rationale for the decision, within twenty=
-one (21) calendar days of receipt of the appeal. The written appeal=
decision will be issued simultaneously to both/all parties. An assigned De=
signee shall not be the Title IX Coordinator, Investigator (or Designee), o=
r anyone who would be involved in the determination regarding responsibilit=
y.
- Notification of Appeal =E2=80=93 If a party files an appeal, the ot=
her party(ies) will be notified and may make their own written submission i=
n support of or challenging the decision of dismissal/determination of resp=
onsibility, to the VP for Student Life/Designee, no later than seven (7) ca=
lendar days after receipt of such notice.
- Effect of Appeal =E2=80=93 If there is an appeal of a determination=
regarding responsibility, including any Disciplinary Sanction(s) imposed, =
the imposition of the Disciplinary Sanction(s), if applicable, will be defe=
rred pending the decision of the However, any Interim Suspension, no contac=
t directive or other appropriate Supportive/Interim Measure will remain in =
effect during the appeal process.
- Final Decision =E2=80=93 An appeal may be resolved in the following=
manner:
- A dismissal or determination regarding responsibility, including any Di=
sciplinary Sanctions (if applicable), is affirmed;
- A determination regarding responsibility is affirmed, but the Disciplin=
ary Sanction(s)/Remedies is/are modified;
- A dismissal is reversed, and the matter is returned to the Title IX Coo=
rdinator to address in accordance with the policy; or
- A determination of responsibility is reversed, and a new outcome is det=
ermined, which may include imposition of Disciplinary Sanctions/Remedies or=
dismissal of the charges.
The decision made on appeal shall be the final action of the University.
XIV.&n=
bsp; TIMELINES
All time frames set forth in this policy =
may be extended by the Title IX Coordinator, Investigator, Hearing Officer,=
or their Designee for good cause, with written notice to the Complainant(s=
) and Respondent(s) of the delay and the reason for the delay. Good cause m=
ay include, but is not limited to, considerations such as the absence of a =
party/Advisor, or a witness; the need for language assistance or an interpr=
eter; or a person with disabilities requests a reasonable accommodation.
XV.&n=
bsp; RETALIATION
Any harassment, intimidation, coercion, d=
iscrimination or adverse action taken against an individual for the purpose=
of interfering with their rights under this policy, or because of that ind=
ividual=E2=80=99s participation in a complaint or investigation of Sexual H=
arassment/Sexual Assault, will be treated as a separate violation of this p=
olicy and will result in immediate action by the University to stop the ret=
aliatory behavior, prevent further violations by the perpetrator, and remed=
y any adverse impact of the violation.
The University seeking appropriate discip=
linary action against any individual who makes a False Report or False Stat=
ement does not constitute retaliation.
XV=
I. RECORDKEEPING
The University will retain for a period o=
f at least seven (7) years, the records related to complaints, supportive/i=
nterim measures provided, investigations, transcripts or recordings of hear=
ings, determinations of responsibility, informal resolutions, disciplinary =
sanctions, remedies provided, appeals and training.
XVII.&=
nbsp; TRAINING
The University=E2=80=99s Title IX Coordin=
ator, investigator(s), decision-makers, and any person who will facilitate =
an informal resolution process, shall receive training, as applicable, on t=
he definition of Sexual Harassment/Sexual Assault, the scope of the Univers=
ity=E2=80=99s Title IX Sexual Harassment/Sexual Assault Policy, the Univers=
ity=E2=80=99s Education Program or Activity, how to conduct an investigatio=
n, how to conduct a hearing, the appeal process, and informal resolution pr=
ocess. They will also receive training on how to serve impartially, includi=
ng by avoiding prejudgment of the facts at issue, conflicts of interest, an=
d bias.
Individuals who will investigate Title IX=
matters under this policy shall also receive training on issues of relevan=
ce to create an investigative report that fairly summarizes relevant eviden=
ce.
In addition, any decision-makers shall re=
ceive training on the technology to be used at a live hearing, as well as o=
n issues of relevance of questions and evidence, including when questions a=
nd evidence about the Complainant=E2=80=99s sexual predisposition or prior =
sexual behavior are not relevant.
The University will use materials to trai=
n the Title IX Coordinator, investigator(s), decision-makers, and any perso=
n who will facilitate an informal resolution process, which do not rely on =
sex stereotypes and promote impartial investigations and adjudications of F=
ormal Complaints of Sexual Harassment. These training materials will be mad=
e available on the University=E2=80=99s website.
XVIII. REASONABLE ACCOMMODATIONS
Any student or employee with a disability=
who needs a reasonable accommodation to assist with reporting Sexual Haras=
sment/Sexual Assault, responding to claims made against them, participating=
in the investigation and/or adjudication process, and/or determining Suppo=
rtive/Interim Measures, should advise the Title IX Coordinator as soon as p=
ossible.
XIX.&=
nbsp; REFERENCES
- File =
a Report
- File =
a Formal Complaint
- Office of Student Equity and Compliance
- Title IX of th=
e Education Amendments of 1972
- Student Sexual Misconduct and Harassment Policy
- Policy Prohibiting Discrimination i=
n the Workplace and Educational Environment
- Student Code of Conduct=
a>
- Disruptive Behav=
ior and Workplace Violence Policy
- Good Samaritan P=
olicy
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