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This Student Sexual Misconduct and Harassment Policy applies to forms of Sexual Misconduct as defined herein, when alleged against a student Respondent. Specifically, this policy applies to forms of Sexual Misconduct that do not fall under the scope of the Title IX Sexual Harassment/Sexual Assault Policy, including Sexual Exploitation. This policy also applies to complaints against student Respondents alleging certain conduct that would otherwise be prohibited under the Title IX Sexual Harassment/Sexual Assault Policy (e.g., Dating Violence, Domestic Violence, Sexual Assault, and Stalking), but which must be dismissed under the Title IX Sexual Harassment/Sexual Assault Policy because they do not meet the jurisdictional requirements.

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1. ACTUAL KNOWLEDGE – Notice of Sexual Misconduct or allegations of Sexual Misconduct made to the University’s the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, or any official of the University who has authority to institute corrective measures on behalf of the University (such as the DEI Investigator, or Dean of Students). This standard is not met when the only official of the University with Actual Knowledge is also the Respondent. In addition, the mere fact that a third party who works for the University (such as a Responsible Employee) may become aware of allegations of Sexual Misconduct, or that such individuals have the ability or obligation to report Sexual Misconduct, or to inform another about how to report Sexual Misconduct, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the University
2. COMPLAINANT - An individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct, or on whose behalf the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance has filed a Formal Compliant.
3. CONSENT – Consent is informed, knowing, voluntarily and freely 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.
   1. 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, what, when, where, and how) of the sexual contact to which they are consenting.
   2. Consent may be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.
   3. It is the obligation of the person initiating sexual contact to obtain clear consent for the specific type of sexual contact sought. A person’s use of alcohol and/or drugs shall not diminish such person’s responsibility to obtain consent.
   4. Lack of protest does not constitute consent. Silence or passivity without words or actions that communicate mutually understandable permission cannot be assumed to convey consent.
   5. Use of violence, threats, coercion or intimidation invalidates any consent given.
   6. A verbal “no,” even if it may sound indecisive or insincere, constitutes lack of consent.
   7. 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/anal sex.
   8. It is expected that once consent has been established, a person who changes their mind during the sexual act or sexual contact will communicate through words or overt actions their decision to no longer proceed.
   9. Past consent does not constitute consent for future sexual contact/activity.
   10. Persons who are unable to give valid consent under New Jersey law, (i.e. minors, individuals with mental health disabilities) are considered unable to give consent under NJ State Policy N.J.S.A.2C:4-2.
   11. 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 point.
   12. Persons who are incapacitated due to the use of drugs or alcohol cannot give consent.
4. DISCIPLINARY SANCTIONS - Disciplinary Sanction(s) shall be imposed upon a Respondent where a determination of responsibility for Sexual Misconduct has been made against the Respondent. Disciplinary Sanctions for Respondents may range from a warning to expulsion. Respondents will also be referred to appropriate authorities for criminal prosecution when appropriate, regardless of any Disciplinary Sanctions under this policy.
5. FALSE REPORT– Intentionally making a report of Sexual Misconduct, to a University official knowing, at the time the report was made, that the prohibited conduct did not occur and the report was false. A determination regarding responsibility, alone, will not be sufficient to conclude that any party made a materially false report in bad faith.
6. FALSE STATEMENT – Intentionally making a statement during the Grievance Process or Appeals Process to a University official knowing, at the time the statement was made, that it was false. A determination regarding responsibility, alone, will not be sufficient to conclude that any party or witness made a materially false statement in bad faith.
7. FORMAL COMPLAINT – A document filed and signed by a Complainant, or signed by the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, alleging Sexual Misconduct against a Respondent, and requesting that the University investigate the allegations of Sexual Misconduct. The Formal Complaint should include in detail the nature of the complaint, dates and locations 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. A Report of Sexual Misconduct may be filed with the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance in person, by mail, by electronic mail, or by filling out the report form found HERE. Upon receipt of a Report of possible Sexual Misconduct, the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, or Designee, will reach out the Complainant to discuss the Complainant’s options, including the ability to file a Formal Complaint.
8. INCAPACITATION – The physical and/or mental inability to make informed, rational judgements and decisions. States of incapacitation include sleep, unconsciousness, and blackouts.
   
   1. Where alcohol or drugs are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgements. In evaluating whether a person was incapacitated for purposes of evaluating effective Consent, the University considers two questions:
      
      1. Did the person initiating sexual activity know that their partner was incapacitated?
      2. 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 “yes,” effective Consent was absent.
   2. For purposes of this policy, incapacitation is a state beyond drunkenness 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 person has the physical and/or mental ability to make informed, rational judgments and decisions.
   3. A person who initiates sexual activity must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. Although every individual may manifest signs of incapacitation differently, typical signs include slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, or incontinence. A person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?,” “Do you know how you got here?,” “Do you know what is happening?,” or “Do you know whom you are with?”
   4. Because the impact of alcohol and other drugs varies from person to person, one should be cautious before engaging in sexual contact or intercourse when either party has been drinking alcohol or using drugs. The introduction of alcohol or other drugs may create ambiguity for either party as to whether effective Consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forgo all sexual activity.
9. REMEDIES - Remedies may be provided to a Complainant where a determination of responsibility for Sexual Misconduct has been made against the Respondent. Remedies are designed to restore or preserve the Complainant’s equal access to the University’s education program or activity. Remedies may include the same individualized services described in the Supportive/Interim Measures section below; however, unlike Supportive/Interim Measures, Remedies need not be non-disciplinary or non-punitive, and need not avoid burdening the Respondent. Remedies provided may include, but not be limited to, a one-way no contact directive; changes to housing/work arrangements; or a leave of absence.
10. REPORT - Anyone may file a Report alleging an incident of Sexual Misconduct of which they become aware.  The Report should include as much information possible, such as details (if known) of the nature of the incident, dates of particular events, names/contact information of any Complainant, Respondent, witnesses (if any), and any other relevant information.  A Report may be filed with the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, in person, by mail, by electronic mail, or by filling out the report form found HERE.

11. RESPONDENT – An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct.

12. RESPONSIBLE EMPLOYEES – Certain employees, who under this policy, are required, after receiving information regarding Sexual Misconduct, to report it to the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance. These employees include, but are not limited to, Public Safety Police and Security Officers, managers and supervisors, coaches, club and organization advisors, faculty, Deans, and Residential Learning staff (Resident Assistants, Community Safety Assistants, Resident Directors, and Residential Learning Coordinators). Notwithstanding, knowledge of an incident of Sexual Misconduct by a Responsible Employee (other than those who also have authority to institute corrective measures on behalf of the University) does not constitute Actual Knowledge by the University.

13. SANCTIONS – See Disciplinary Sanctions.

14. SUPPORTIVE/INTERIM MEASURES – See Section X below.

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This policy addresses allegations of Sexual Misconduct, against student Respondents, that occur on the basis of sex that do not fall within the definitional or jurisdictional requirements of the federal regulations underlying the Title IX Sexual Harassment/Sexual Assault Policy. To the extent allegations of inappropriate behavior/misconduct against a student may not be covered by this policy or the Title IX Sexual Harassment/Sexual Assault Policy, they may still be addressed under the Student Code of Conduct, Procedure for Resolving Student v. Student Discrimination Complaints or other applicable policy/procedure. Allegations against employees that do not fall under the Title IX Sexual Harassment/Sexual Assault Policy, may be addressed under the Policy Prohibiting Discrimination in the Workplace and Educational Environment, Disruptive Behavior and Workplace Violence Policy, or other applicable policy.

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1. Reporting to Law Enforcement
   1. Where criminal behavior is involved, the University encourages, and will assist students with, reporting to law enforcement. However, students have the right to decline notifying law enforcement. For criminal offenses that occur on the University campus, students should immediately contact Rowan Public Safety, 856-256-4911. Rowan Public Safety can assist students in contacting and filing a report/complaint with any other agency when the incident did not occur on campus.
      1. Glassboro campus – Glassboro Police Department, 1 South Main Street, Glassboro, NJ 856-881-1500; http://www.glassboropd.org/
      2. Camden campuses – Camden County Metro Police, 800 Federal Street, Camden, NJ 856-757-7440; http://camdencountypd.org/
      3. RowanSOM campus – Stratford Police Department, 315 Union Ave., Stratford, NJ 856-783- 8616; https://som.rowan.edu/oursom/campus/safety.html
   2. LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, or Agender/Asexual) students should know that every Rowan Public Safety Officer will assist them should they choose to report Sexual Misconduct. However, if an LGBTQIA+ student would prefer, they can ask to speak directly with the Rowan University LGBTQIA+ police liaison.
   3. Behavior that constitutes a violation of this policy may also be a crime under the laws of the State of New Jersey.

2. Reporting to the University

   1. A student may choose to report an incident of Sexual Misconduct to the University before they have made a decision about whether or not to report to law enforcement. A student has the right to file a criminal complaint and a Formal Complaint simultaneously.

   2. Once a Report of Sexual Misconduct has been received, whether 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, legal assistance, visa and immigration assistance, student financial aid, and other services that are available at Rowan and in the surrounding communities. For more information on these services please visit OSEC’s website.

   3. Reports of incidents alleging to involve Sexual Misconduct or sex discrimination in a University program or activity should be made to the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance in person, by mail, by electronic mail, or by filling out the report found HERE.

AVP of the Division of Diversity, Equity and Inclusion
Office of Student Equity and Compliance
Monise Princilus, Ed.S.
Associate Vice President and Title IX Coordinator of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance
203 Savitz Hall
856-256-5440
princilus@rowan.edu

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