ROWAN UNIVERSITY POLICY 

Title: Student Sexual Misconduct and Harassment Policy
Subject: Equity and Diversity
Policy No: SL: 2016:

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15
Applies: University-Wide
Issuing Authority: President
Responsible Officer:

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 Title IX Coordinator, Office of Student Equity and Compliance
Adopted: 08/18/2016
Last Revision:

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08/31/2023

Last Reviewed:

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 6/30/2023

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I.                   PURPOSE

Student members Students of the Rowan University community have the right to access and benefit from the University’s educational and other programs and services of the University , activities or services, free from any form of sexual violence, harassment or exploitation. Rowan Sexual Misconduct. The University does not tolerate sexual misconduct or harassment Sexual Misconduct of any kind. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. 

II.                ACCOUNTABILITY

 Under the direction of the President, Assistant Vice President of Equity and Diversity/ Chief Equity Compliance Officer the Title IX Coordinator, Office of Student Equity and Compliance (“Title IX Coordinator”), shall implement and ensure compliance with this policy. 

III.              APPLICABILITY

This policy applies to all students of Rowan University students from the time of their acceptance and admission into the University until the date of their graduation . Regardless of where the prohibited conduct occurs, this Policy applies if the Respondent (the accused party) is a student of Rowan University. This Policy also applies to all prohibited conduct that occurs on University property (i.e., on campus) by visitors. Complaints against Rowan employees and vendors will be handled under the Policy Prohibiting Discrimination in the Workplace.  Questions or concerns related to employees should be directed to Rowan University’s Title IX Coordinator

IV.           TITLE IX

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in the University's programs and activities. It reads: “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.” As a recipient of Federal financial assistance, Rowan University has jurisdiction over complaints alleging sex discrimination, including sexual harassment and sexual violence.

Title IX of the Education Amendments of 1972

V.            STANDARD OF EVIDENCE

A finding under this policy will be based on the preponderance of the evidence standard, in other words, a finding will be made if the evidence as a whole shows that is more likely than not that a violation of the Sexual Misconduct Policy occurred.

VI.           POLICY STATEMENTS

1. This policy applies equally to all Rowan students regardless of their sex, gender identity, gender expression, affectional or sexual orientation. This policy covers all female, male, gender non-conforming, and transgender students. A violation of this policy may also be a violation of the New Jersey Law Against Discrimination (N.J.S.A.10:5-12) which makes it unlawful to subject people to differential treatment based on many categories, including: sex, affectational or sexual orientation, and gender identity.
2. When an alleged violation of this policy is brought to the attention of the University, the University will promptly take effective steps to end the misconduct, prevent further violations, and remedy the effects of the violation on the Complainant (the reporting party) and others, if appropriate. In the event that a Complainant elects not to report or is unable to report the violation, the University will undertake reasonable efforts to investigate what occurred.
3. The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and the personal safety of members of the community. While the University’s investigation is pending, the University will offer interim measures to protect the parties and others. Interim measures may include but are not limited to: safety plan development, no contact directives, interim suspension from campus or residence privileges, modification of living arrangements, change of on-campus student housing assignment, academic accommodations, changing transportation and working situations, assistance with the University disciplinary process, referrals to on-campus resources or reporting to police. The University will maintain as confidential any protective measures provided to the Complainant, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the protective measures. These measures can be offered regardless of whether or not the Complainant chooses to report the crime to Rowan Public Safety or local law enforcement.
4. Prohibited conduct under this policy may also constitute a violation of federal, state or local law and a student may be charged in the criminal justice system as well as under this policy.  Alternatively, charges can occur for violations of this policy which may not be violations of the law.  The criminal justice system is different from this Title IX/Student Conduct 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 the right to hear a sexual misconduct case before, after, or during the pendency of the civil or criminal matter. If a case is going through the criminal justice system, and a report has also been made to the University, the Title IX process at the University may proceed normally during the pendency of the criminal proceedings. As the Title IX/Student Conduct process is an educational disciplinary process, the legal rules related to evidence, criminal procedure, civil procedure and administrative procedure do not apply to this process.

VII.         DEFINITIONS OF PROHIBITED CONDUCT

The following behaviors constitute sexual misconduct and are prohibited under this policy. All forms of sexual misconduct are serious offenses and will result in University disciplinary consequences.

1.     Non-Consensual Sexual Intercourse or Penetration (Rape) means 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 another person without consent.  Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.

2.     Non-Consensual Sexual Contact (Fondling) means any intentional sexual touching, however slight, with any body part or any object, without consent. Examples of non-consensual sexual contact may include: genital-genital or oral-genital contact not involving penetration; contact with breasts, buttocks, or genital area, including over clothing; removing the clothing of another person; and kissing.

3.     Sexual Exploitation – behavior that takes, or facilitates the taking of, non-consensual sexual advantage of any person to benefit any other person when the behavior does not otherwise constitute a sexual misconduct violation. Examples of sexual exploitation include but are not limited to:

1. 1. Prostituting another person
   2. Taking a non-consensual video, photograph, or audio-recording of sexual activity without the other’s permission; taking a photograph or video of someone’s private parts (including genitals, groin, buttocks, or breasts) without permission; the transmission or dissemination (including, but not limited to, distribution via social media) of such a video, photograph or audio-recording without permission.
   3. Allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or live-streaming of images);
   4. Voyeurism or spying on  persons where they have a reasonable expectation of privacy
   5. Knowingly transmitting a sexually transmitted infection to another person without the other’s knowledge

4.     Intimate Partner Violence includes dating and domestic violence.

 Domestic violence means a felony or misdemeanor crime of violence committed:

• By a current or former spouse or intimate partner of the student,
• By a person with whom the student shares a child in common,
• By a person who is cohabitating with, or has cohabitated with, the student as a spouse or intimate partner,
• By any other person against an adult or youth student 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.

Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the student.

• The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

5.     Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: fear for his or her safety or the safety of others; or suffer substantial emotional distress.

1. 1. Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
   2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the reporting student.
   3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

6.     Other Sexual Misconduct – inappropriate sexual behaviors not covered previously in this section. Examples include but are not limited to sexual activity in public places.

7.     Sexual/Gender-Based Harassment

Sexual/gender-based harassment is unwelcome sexual or gender based verbal or physical conduct that unreasonably interferes with or deprives others of their right to access and benefit from the programs and services of the University. Sexual harassment offenses fall into two general categories.

Hostile Environment- harassing conduct that is sufficiently severe, pervasive/persistent and objectively offensive that it substantially interferes with the conditions of education or employment, from both a subjective (the student’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” will be based on all of the circumstances. These circumstances could include but are not limited to:

• the frequency of the conduct
• the nature and severity of the conduct;
• whether the conduct was physically threatening;
• whether the conduct was humiliating;
• whether the conduct was directed at a specific individual or more than one person;
• whether the conduct arose in the context of other discriminatory conduct;
• whether the conduct unreasonably interfered with the alleged Complainant's educational or work performance;
• whether the statement is an utterance of an epithet which offends an employee or student, or offends by discourtesy or rudeness; or
• whether the speech or conduct is excluded from the protections of free speech or academic freedom.

Quid-pro-Quo - A violation of this type exists when there are:

• unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
• submission to or rejection of such conduct results in adverse educational access or employment action

8.     Retaliation: Any harassment or adverse action taken against a person because of that person’s participation in a complaint or investigation of sexual misconduct will be treated as a separate violation of this policy and will result in immediate action by the University to stop the retaliatory behavior, prevent further violations by the perpetrator, and remedy any adverse impact of the violation.

9.     False Reports: Intentionally making a report of prohibited conduct to a University official knowing, at the time the report was made, that the prohibited conduct did not occur and the report was false.

10.  Attempted Violations: A person commits an attempted violation, when, with intent to commit a specific violation, he does any act which constitutes a substantial step toward the commission of that violation. The University will treat attempts to commit any of the violations described in this policy as if those attempts had been completed.

VIII.   Additional Definitions

1. Consent

A. Consent to sexual activity 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.

• 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 they are consenting to.
• 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.
• It is the obligation of the person initiating sexual contact to obtain clear consent for the specific type of sexual contact sought.
• 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.
• Use of violence, threats, coercion or intimidation invalidates any consent given.
• Consent for one form of sexual contact does not imply consent to other forms. For example: consent to vaginal sex does not imply consent to oral sex; consent to vaginal sex does not imply consent to anal sex.
• Past consent does not constitute consent for future sexual activity.
• 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 this policy. See 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 point.
• Persons who are incapacitated due to the use of drugs or alcohol cannot give consent. 

B.  Consent to bodily harm. When conduct constitutes a violation of this policy because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if: (1) the bodily harm consented to or threatened by the conduct is not serious, or (2) the conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a kind not forbidden by law.

2. Incapacitation

Incapacitation is 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 how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgements.

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If the answer to either of these questions is “yes,” effective consent was absent.

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.

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?”, “Do you know whom you are with?”

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 other 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.

IX.  REPORTING OPTIONS

Students who experience sexual misconduct and those who have knowledge of sexual misconduct or harassment are strongly encouraged to report this information as soon as possible. Prompt reporting of incidents greatly improves the ability of the University and law enforcement to provide support resources to students and to address the violations effectively. Although there is no time limit for reporting sexual harassment or misconduct offences, delays in reporting may reduce the ability of the University and law enforcement to investigate and respond to incidents.  After an incident of sexual assault and domestic violence, the student 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.

1. Reporting to Law Enforcement

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 complaint with any other agency when the incident did not occur on campus.

• Glassboro campus - Glassboro Police Department, 1 South      Main Street, Glassboro, NJ 856-881-1500 http://www.glassboroonline.com/public/police-department
• Camden campuses - Camden County Metro Police, 800      Federal Street, Camden, NJ 856-757-7440 http://camdencountypd.org
• RowanSOM campus – Stratford Police Department, 315      Union Ave., Stratford , NJ 856-783- 8616, http://www.stratfordnj.org/emergency_services/pd/pd_home.html

LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer) students should know that every Rowan Public Safety Officer will assist them should they choose to report sexual misconduct.  However, if an LGBT student would like to speak directly with the Rowan University LBGT police liaison, Sgt. Rachel Baum.

Behavior that constitutes a violation of this policy may also be a crime under the laws of the State of New Jersey.  The states defines the following criminal behavior:

• Sexual assault N.J.S.A. 2C:14-2. 
• Domestic and dating violence N.J.S.A. 2C:25-19. 
• Stalking N.J.S.A. 2C:12-10. 
• Consent in relation to sexual activity N.J.S.A. 2C:2-10.

2. Reporting to the University

A student may choose to report 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 Title IX complaint simultaneously.

Once a report has been received, the University will provide written notification to students 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 a list of these services please see click here: or visit rowan.edu/equity/titleix.

Complaints of sexual misconduct or harassment may be made to any of the following University administrators:

Title IX Coordinator

Bindu Jayne, Assistant Vice President of Equity and Diversity/ Chief Equity Compliance Officer
Office of Equity and Diversity, 256 Bunce Hall
856-256-5440; jayneb@rowan.edu  
Responsibilities: Monitoring and oversight of overall implementation of Title IX compliance at Rowan University. The Title IX Coordinator should be contacted for all complaints against faculty, staff, and visitors including those complaints filed by students.

Title IX Manager,

Nyssa Taylor
Office of Equity and Diversity, 256 Bunce Hall 
856-256-5831 taylorny@rowan.edu
Responsibilities: Provides key assistance in the implementation of Title IX compliance at Rowan University. The Title IX Manager should be contacted for all complaints against students.

Title IX Deputy Coordinators for Students:

Dr. Penny McPherson-Myers, Assistant Vice President for Academic Enrichment/Director of ASCEND
345 Savitz Hall 856-256-4086, mcphersonp@rowan.edu

Mr. Joseph Mulligan, Assistant Vice President for Civic Involvement 
Chamberlain Student Center 2nd floor 
856-256-4242 mulligan@rowan.edu

Mr. Travis Douglas, Assistant Vice President for Residential Learning and Inclusion Programs
Deputy Coordinator for LGBTQ students 
Savitz Ground Floor 
856-256-4266 douglast@rowan.edu
Responsibilities: Compliance for matters involving students, including training, education, communication and administration of grievance procedures for all complaints against students; facilitates interim measures including no-contact directives, housing accommodations, and interim suspensions.

Title IX Deputy Coordinator for Athletics:

Ms. Penny Kempf, Associate Athletic Director 
Deputy Coordinator for LGBTQ students
Athletics Office, Esby Gym 
856-256-4679 kempf@rowan.edu

Title IX Deputy Coordinator for Cooper Medical School of Rowan University:

Dr. Marion Lombardi, Chief Student Affairs Officer 
Room 366, CMSRU Medical Education Building, Camden, NJ 
856-361-2850 lombardim@rowan.edu

Title IX Deputy Coordinator for Rowan University School of Osteopathic Medicine:

Dr. Paula Watkins, Director of Enrollment Services 
Suite 210 Academic Center, One Medical Center Drive, Stratford, NJ 
856-566-7050 fennerpa@rowan.edu

Title IX Deputy Coordinator for Graduate School of Biomedical Sciences:

Dr. Diane Worrad, Director 
42 East Laurel Road, UDP, Suite 2200, Stratford, NJ 
856-566-6282  worrad@rowan.edu

Title IX Deputy Coordinator for Graduate Medical Education:

Dr. Terrence D. Brown, Director 
Academic Center Stratford, NJ 
856-566-2742 brownte@rowan.edu

3. Other reporting options:

Students may file a claim with the Office of Civil Rights, U.S. Department of Education.

New Jersey, New York, Puerto Rico, Virgin Islands Office for Civil Rights
New York Office U.S. Department of Education

32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: 646-428-3800 Fax: 646-428-3843 E-mail: OCR.NewYork@ed.gov

X.           Confidentiality

When the University is made aware of a report or allegation of sexual misconduct or harassment, the University will endeavor to maintain the confidentiality of the matter and of all individuals involved to the extent permitted by law. The University will balance the needs of the individuals involved (Complainant, or reporting party, and Respondent, the accused party) with its obligation to fully investigate allegations and to protect the safety and wellbeing of the community at large. In all cases, the University and its employees will respect the dignity and rights of all individuals involved.

1. Responsible Employees: When consulting campus resources, students should be aware that certain campus authorities are Responsible Employees who are mandated to report and take action after receiving information regarding sexual misconduct and harassment. These 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). If a student has reported information to a Responsible Employee, but the student would like for the report to remain confidential, the student should contact the Title IX

Coordinator, who will evaluate the student's request for confidentiality.

2. Confidential Resources

Students who desire that details of an incident be kept confidential can receive confidential services 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 sexual violence. Counselors are available to help you free of charge, and can be seen on an emergency basis. The Student Health Center (856-256-4222) 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 services, they will provide a referral to an appropriate medical resource. In addition, you may speak with members of the clergy, who will also keep reports made to them confidential.

LGBTQ students who would like to speak with a confidential resource should know that every counselor at the Wellness Center is committed to supporting students of all gender identities, gender expressions, and sexual orientations

When speaking with these resources, a student’s right to confidentiality is legally protected. However, there 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 danger to the safety of another person (particularly children or the elderly), these resources may be required to report the incident to police.

 3.  Federal Statistical Reporting and Federal Timely Warning Obligations

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or formal withdrawal. This policy shall not apply to allegations of conduct that do not constitute Sexual Misconduct as defined herein. Notwithstanding, such behavior may be addressed by the University under other policies such as the Title IX Sexual Harassment/Sexual Assault Policy, Student Code of Conduct, or Procedure for Resolving Student v. Student Discrimination Complaints. In addition, this policy shall not apply to allegations of Sexual Misconduct against Rowan employees and vendors – such complaints may be handled under the Policy Prohibiting Discrimination in the Workplace and Educational Environment, Disruptive Behavior and Workplace Violence Policy, or other applicable policy.

IV.   INTRODUCTION

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.

The University will respond to Reports or Formal Complaints (as defined below) of conduct prohibited under this policy with measures designed to stop the prohibited conduct, prevent its recurrence, and remediate any adverse effects of such conduct on campus or in University-related programs or activities.

The University will not deprive an individual of rights guaranteed under federal and state law (or federal and state anti-discrimination provisions; or federal and state law prohibiting discrimination on the basis of sex) when responding to any claim of Sexual Misconduct.

Conduct that is prohibited under this policy may also constitute a violation of federal, state or local law and a student may be charged in the criminal justice system, as well as under this policy. Alternatively, charges can occur for violations of this policy which may not be violations of the law. The criminal justice system is different from this Sexual Misconduct 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 the right to hear a Sexual Misconduct matter before, after, or during the pendency of a civil or criminal matter related to the same incident/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 Sexual Misconduct process at the University may proceed normally during the pendency of the criminal proceedings. As the Sexual Misconduct process is an educational disciplinary process, the legal rules related to evidence, criminal procedure, civil 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 will be made if the evidence as a whole shows that it is more likely than not that a violation of the Student Sexual Misconduct and Harassment Policy occurred. Under this policy, there is a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Grievance Process, or the Respondent admits responsibility.

VI.   DEFINITIONS/TERMINOLOGY

1. ACTUAL KNOWLEDGE – Notice of Sexual Misconduct or allegations of Sexual Misconduct made to the University’s the University’s Title IX Coordinator, or any official of the University who has authority to institute corrective measures on behalf of the University (such as the 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 Title IX Coordinator has filed a Formal Complaint.
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 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 Title IX Coordinator, 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 Title IX Coordinator 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 Title IX Coordinator, 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 A Report may be filed with the Title IX Coordinator, 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 Title IX Coordinator. 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
14. SUPPORTIVE/INTERIM MEASURES – See Section X below.

VII.  PROHIBITED CONDUCT

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.

Examples of prohibited conduct under this policy, when alleged against a student, may include conduct:(i) that occurs in the local vicinity (i.e., local restaurant) but outside a University program or activity; (ii) occurs outside the United States when the conduct is associated with a University-sponsored program or activity; or (iii) conduct that involves the University’s computing and network resources from a remote location, including but not limited to accessing email accounts.

Prohibited conduct (referred to collectively as “Sexual Misconduct” throughout the policy) is the following behaviors if they fall outside the jurisdictional requirements of the Title IX Sexual Harassment/Sexual Assault Policy.

1. SEXUAL HARASSMENT – Unwelcome sexual or gender based verbal or physical behavior, through any medium, determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person of equal access to the University’s education program or activity.
2. SEXUAL ASSAULT – Any sexual act directed against another person, without their consent or where they are incapable of giving consent. An offense that meets the definition of rape, fondling, incest or statutory rape:
   1. 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 another person, without the consent of the victim.
   2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
   3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
3. STALKING – 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) suffer substantial emotional distress. For the purposes of this definition:
   1. 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, surveils, threatens, or communicates to or about a person, or interferes with a person's property;
   2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant;
   3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
4. DATING VIOLENCE – 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 based on a consideration of the following factors: (a) the length of the relationship; (b) the type of relationship; and (c) the frequency of interaction between the persons involved in the relationship.
5. DOMESTIC VIOLENCE – A felony or misdemeanor crime of violence 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 who is cohabitating with, or has cohabitated with, the other person as a spouse 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.
   
   In addition, prohibited conduct (Sexual Misconduct), shall include the following conduct which would not otherwise fall under the Title IX Sexual Harassment/Sexual Assault Policy.
   
   
6. SEXUAL EXPLOITATION – Any act whereby one individual violates the sexual privacy of another or takes unjust or abusive sexual advantage of another who has not provided consent, and that does not constitute non-consensual sexual penetration or non-consensual sexual contact. Examples may include: prostituting another person; recording, photographing, transmitting, viewing, or distributing intimate or sexual images or sexual information without the knowledge and consent of all parties involved; voyeurism (i.e., spying on others who are in intimate or sexual situations); allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or live-streaming of images); or knowingly transmitting a sexually transmitted infection to another person without the other’s knowledge.

VIII.  REPORTING OPTIONS – HOW TO FILE A REPORT/COMPLAINT

Students who have experienced Sexual Misconduct and those who have knowledge of Sexual Misconduct are strongly encouraged to report this information as soon as possible. Prompt reporting of incidents greatly improves the ability of the University and law enforcement to provide support resources to students and to address the violations effectively. Although there is no time limit for reporting Sexual Misconduct, delays in reporting may reduce the ability of the University and law enforcement to investigate and respond to incidents. After an incident of Sexual Misconduct, the student 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 anyone to make a False Report of Sexual Misconduct, or for anyone to make a False Statement. Disciplinary Sanctions may be imposed for intentionally making a False Report or False Statement.

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 , 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 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 reach out to the following individuals to discuss their reporting options. The below individuals are Responsible Employees under this policy and, therefore, should report the incident to the Title IX Coordinator. However, their knowledge of any incident does not constitute Actual Knowledge by the University. Thus, if a student wishes to ensure a Report/Formal Complaint has been made, the individual should also reach out to the Title IX Coordinator.

Athletics / LGBTQIA+
Penny Kempf, Associate Director of Athletics
Esby Gym, Glassboro Campus
856-256-4679
kempf@rowan.edu

Cooper Medical School of Rowan University
Dr. Marion Lombardi, Chief Student Affairs Officer
CMSRU Medical Education Building
Camden, NJ
856-361-2850
lombardim@rowan.edu

Elizabeth Staib, LCSW
Student Affairs, Student Support Services Specialist
CMSRU Medical Building, Camden
856-361-2876
staib@rowan.edu

Rowan University School of Osteopathic Medicine
Dr. Paula Watkins, Assistant Dean for Admissions 
Academic Center, One Medical Center Drive, Suite 113
Stratford, NJ 856-566-7050
fennerpa@rowan.edu

Graduate School of Biomedical Sciences
Dr. Diane Worrad, Director
42 East Laurel Road, UDP, Suite 2200
Stratford, NJ 856-566-6282
worrad@rowan.edu

3. Policy of Immunity

The University will grant immunity for using alcohol and drugs to both a Complainant and/or Respondent, unless the alcohol or drug was used knowingly to perpetrate violence. No one should be fearful of obtaining resources or remedies from a violent crime because they were intoxicated. In addition, the University will not pursue disciplinary action for drug or alcohol violations, or most other violations of the Student Code of Conduct, against a party or witness who comes forward in good faith to Report Sexual Misconduct. See Rowan University Good Samaritan Policy

4. Other Reporting Options – Student may also file a complaint with the U.S. Department of Education, Office of Civil Rights.

Office of Civil Rights, U.S. Department of Education
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.NewYork@ed.gov

IX.   CONFIDENTIALITY

When the University is made aware of a report or allegation of Sexual Misconduct, the University will endeavor to maintain the confidentiality of the matter and of all individuals involved to the extent permitted by law. The University will balance the needs of the individuals involved (Complainant and Respondent) with its obligation to fully investigate allegations and to protect the safety and wellbeing of the community at large. In all cases, the University and its employees will respect the dignity and rights of all individuals involved.

1. Responsible Employees: When consulting campus resources, students should be aware that certain employees are Responsible Employees who under this policy are required, after receiving information regarding Sexual Misconduct, to report it to the Title IX Coordinator. These 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). 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.
   
   If an individual has reported information to a Responsible Employee, but the individual would like for the report to remain confidential, the student should contact the Title IX Coordinator, who will evaluate the individual’s request for confidentiality. The Grievance Process will only be initiated when a Formal Complaint has been filed with or by the Title IX Coordinator.
   
   
2. Confidential Resources: Students who desire that details of an incident be kept confidential can receive confidential services 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 Sexual Misconduct. Counselors are available to help you free of charge, and can be seen on an emergency basis. The Student Health Center (856-256-4222) 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 services, they will provide a referral to an appropriate medical resource. In addition, 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 Center is committed to supporting students of all gender identities, gender expressions, and sexual orientations. When speaking with these resources, a student’s right to confidentiality is legally protected. However, there 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 danger to the safety of another person (particularly children or the elderly), these resources may be required to report the incident to police.
   
   
3. Federal Statistical Reporting and Federal Timely Warning Obligations: Certain campus officials have a duty to report Sexual Misconduct for federal statistical reporting purposes. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, etc. – with addresses withheld), for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime to ensure greater community safety.

...

1. 
   
   Individuals who report Sexual Misconduct should also be

...

1. aware that University administrators

...

1. may be required to issue timely warnings for certain incidents reported to them that pose a substantial threat of bodily harm or danger to members of the community, to aid in the prevention of similar occurrences. The University will withhold the names and other personally identifiable information of

...

1. individuals as confidential, while still providing enough information for community members to make decisions related to their safety in light of the danger

...

1. .

XI.            Resolution Procedures

1. Voluntary Resolution Procedures

Upon request by the parties, some complaints of sexual misconduct can be resolved through voluntary resolution processes that are facilitated by the Title IX Manager or designee. The Title IX Coordinator, the Title IX Manager or other designated administrator will determine whether voluntary resolution is appropriate depending upon the complaint allegations. Voluntary procedures are never applied in cases involving violence or nonconsensual sexual intercourse or penetration.

If appropriate, the Title IX Manager or designee may arrange for/or facilitate mediation between the involved parties or coordinate other voluntary resolution. Voluntary resolution procedures will be initiated within ten (10) calendar days of the receipt of the Complainant's request for voluntary resolution.  The voluntary resolution procedure will be completed within sixty (60) days. All timeframes set forth in this policy may be extended by the Title IX Manager or other administrator for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.

Voluntary resolution procedures are optional and may be terminated at any time by the parties.  A voluntary resolution agreement, which outlines the terms agreed upon by the parties, will be provided to both parties simultaneously by the Title IX Manager or appropriate administrator. If either party is unsatisfied with the outcome of the voluntary resolution procedures, the formal resolution procedures may be pursued. If either party alleges that the terms of the voluntary resolution agreement have been breached, the formal resolution procedures will be initiated.

2. Formal Resolution Procedures

The formal resolution procedure will be initiated upon request by either party or when the University determines it is necessary. 

A. Written Notice: Once a formal resolution procedure has been initiated, all parties will receive written notice.

1)     This notice will include the following: a brief summary of the allegations; the relevant policy provisions defining the elements of the charges (prohibited conduct) at issue; information related to available resources and services; a brief overview of the formal Title IX process.

2)     Once the Respondent has received written notice of the formal procedure, the Complainant and the Respondent will be kept informed of all developments and will be advised of the procedures that will guide the resolution of the complaint.

3)     Details of the allegations will be given to the Respondent during the first investigatory interview.

B. Confidentiality: The student disciplinary process will be confidential to the extent possible and as allowed by law.

C. Training: The Title IX Coordinator, the Title IX Manager, all persons conducting Title IX investigations, all administrative hearing officers and Sexual Misconduct Hearing Board Panel members, all appeals officers and Sexual Assault Appeals Board members will receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and a disciplinary process that protects the safety of the students and the University, and promotes due process and accountability.

D. Timeline: The University will ordinarily complete Title IX process, if any, within sixty (60) calendar days. The investigation will ordinarily be completed within 45 days and the disciplinary hearing (if any) will be completed 15 to 20 days following the resolution of the investigation.  All timeframes set forth in this policy may be extended by the Title IX Manager or designee for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.

1)     The Complainant and Respondent will have the opportunity to make one request for a delay. A party’s extension request must be made in writing to the Title IX Manager and must articulate a good cause for such delay. 

2)     The existence of a pending criminal matter does not constitute good cause for a party to request a delay.

3)     An advisor’s unavailability does not constitute good cause for a party to request a delay.

E. Investigation: Once a report of sexual misconduct has been made, an investigation into the report will be initiated by the Title IX Manager or designee within seven calendar days. Once a formal resolution procedure has been initiated, the Title IX Manager or designee will initiate an impartial, reliable, and thorough investigation.

1)     The investigation may conducted by the Title IX Manager alone, by the Title IX Manager with another Title IX Investigator, or by designees of the Title IX Manager. The investigation may also be conducted by an outside investigator retained by the University.

2)     The Title IX Manager or designee will determine the manner in which the investigation is conducted. 

3)     The investigation may include any of the following: interviews of the parties involved, including witnesses, review of written statements, and the gathering of other relevant information.

4)     Both parties will have the opportunity to present witnesses and other evidence.

5)     Investigation Report: The investigators will review all of the information gathered during the investigation and will prepare an initial investigation report which contains a summary of the information gathered during the investigation and preliminary findings of fact.

1. 1. This initial report will be shared with the parties simultaneously. After the parties have been provided the initial report, the parties will have the opportunity to provide additional or rebuttal information within seven (7) calendar days to the investigators.
   2. The investigators will review additional or rebuttal information provided, if any, and will generate a final investigative report.
   3. The final investigation report will include a comprehensive description of the evidence gathered during the investigation, the investigators’ findings of fact, and credibility assessments of any relevant witness or parties.
   4. While the investigators will make initial findings of facts and credibility determinations, the investigators will not adjudicate the matter and will not reach a determination as to whether or a violation of this policy occurred.
   5. The parties will be provided with of the final investigation report simultaneously and will be advised that the parties may be subject to a hearing under the Student Disciplinary Process.

6)     Advisors: The Complainant and Respondent have the right to an advisor of their choice during this process. An advisor may be a family member, an attorney, or any third party. Advisors are present to support the parties and to provide advice on procedural matters; advisors may not speak on behalf of the party.

1. 1. Advisors must adhere to all conditions and obligations under this policy and required by the University’s process.
   2. The advisor has the right to accompany the student to any meetings with the investigators or University administrators. The student has the right to communicate with their advisor during any meeting.
   3. The advisor does not have speaking privileges during investigatory interviews.
   4. The Title IX Manager or designee will exercise control over the investigatory process. Anyone who disrupts an investigatory interview or who fails to adhere to University policies may be asked to leave an investigatory interview.
   5. Regardless of whether a party has an advisor, the Title IX Manager or designee will correspond and communicate directly with the parties.

7)  The Adjudicatory Hearing

a.     For complaints that will be adjudicated by the Student Disciplinary Process, the appropriate adjudicator will be determined as follows:

                                          i.    Administrative Hearing Officer - If the alleged violation is one for which the Respondent student could not be suspended or expelled from the University, the complaint will be heard by an Administrative Hearing Officer.

                                         ii.    Sexual Misconduct Hearing Board - If the alleged violation is one for which the Respondent student could likely be suspended or expelled from the University, the complaint will be heard by the Sexual Misconduct Hearing Board.

        b.    Timeframe: The University will attempt to schedule a hearing within 20 business days after receipt of the final investigative report.

                                          i.    The Respondent and the Complainant will receive timely notice in writing of the date and time of the hearing before the Sexual Misconduct Hearing Board or appropriate Administrative Hearing Officer.

c.    Witnesses: The Respondent and the Complainant will have the opportunity to make a request to the Assistant Vice President for Civic Involvement for witnesses to participate in the hearing on their behalf. The parties will have an opportunity to present witnesses and other evidence.

                                          i.    The Respondent and the Complainant must notify the Assistant Vice President of any advisors and witnesses attending the hearing 5 (five) business days prior to the hearing.

                                         ii.    If the Respondent, the Complainant, or any witness fails to appear at the hearing, the matter will be resolved in their absence.

                                        iii.    Witnesses may be present at the hearing only at the time they are called to participate. A hearing will not be cancelled or postponed if a scheduled witness does not attend.

                              i.        Any additional scheduling requests must be directed to the Assistant Vice President of Civic Involvement for determination.

d.    Advisor: Each party may have one advisor with them during the hearing. The advisor does not have speaking privileges during the hearing, but the student may communicate with their advisor during the hearing if they choose.

                                          i.    A hearing will not be cancelled or postponed in the event an advisor does not attend.

                                         ii.    If the advisor is not able to attend, the Respondent or the Complainant should arrange for a substitute advisor.

e.    The Assistant Vice President for Civic Involvement (or designee) will assemble a Sexual Misconduct Hearing Board of three trained staff members to hear the matter and will serve as the Chair. Each Sexual Misconduct Hearing Board will be composed of representatives of both genders.

f.    The hearing officer or Chair of the Sexual Misconduct Hearing Board will exercise control over the manner in which the hearing is conducted to avoid unnecessarily lengthy hearings and to prevent the harassment or intimidation of witnesses.

                              i.        This includes, but is not limited to, imposing reasonable limits on the number of factual witnesses that may participate.

                             ii.        Questions by the parties should be directed to the panel, not to the opposing party. The Chair has the authority to limit, restrict or re-direct the parties’ questions to prevent harassment, intimidation or irrelevance.

                            iii.        Anyone who disrupts a hearing or who fails to adhere to hearing procedures may be excluded from the proceeding.

g.    Each Board member must indicate to the Assistant Vice President within three (3) days prior to the hearing whether they have knowledge of the participants in the case that may impair – or may be perceived to impair – their ability to hear and determine a case impartially, and to excuse themselves if their participation might compromise the integrity of the hearing process.

h.    All hearings will be closed to the public.

i.    Alternative Testimony: For all participating parties, alternative testimony options will be provided. Options include, placing a privacy screen in the hearing room, providing testimony from another room via conference phone or other options that provide a safe space for participation while not depriving any party of their rights in the process. While alternative testimony options are intended to help make one participating parties more comfortable, they are not intended to work to the disadvantage of the other participating party.

j.    All hearings will be audio recorded. A digital file will be made available to the Complainant and/or Respondent student in the event a request for an appeal is filed.

k.    Evidence Presented at the Hearing

                              i.    Written statements of witnesses not in attendance may be considered by the Sexual Misconduct Board, if approved by the Chair.

                             ii.    In making its adjudication the Sexual Misconduct Hearing Board will consider only the evidence admitted at the hearing and the admission of evidence will be within the discretion of the Chair. Only the information and evidence related to the alleged violations set forth in the formal complaint will be considered.

                            iii.    Board members will be provided with access to the final investigative report, written information and evidence at least twenty-four (24) hours prior to the hearing. While board members may consider the investigators’ report and statements as evidence, the Sexual Misconduct Hearing Board Panel functions as an independent adjudicating body and will not be bound by any findings or credibility assessments made by the investigators. 

                            iv.    The Title IX Manager or designated investigator may be called as witness.

 m.    Past Sexual History/Character : The past sexual history or sexual character of a student will not be admissible by the other party in investigatory interviews or hearings unless such information is determined to be highly relevant by the Title IX Manager or the Assistant Vice President of Civic Involvement. All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the Assistant Vice President.

                                  i.    If, in the past, the Respondent student was found to have violated the Student Sexual Misconduct Policy, the information related to that past violation may be considered in the hearing if: (a) the previous violation was substantially similar to the present complaint; and (b) the previous violation indicates a pattern of behavior and substantial conformity with that pattern by the Respondent student.

o.     Hearing Procedure: At the start of the hearing, the Chair will ask if the Respondent has received the original notice letter and understands the nature of the charges.

                      i.        The Chair will present the notice letter along with the information obtained through the investigative process to the Sexual Misconduct Hearing Board, if applicable. The remainder of the hearing will customarily proceed in the following order:

a)     Opening statement from the Complainant.

b)    Opening statement from the Respondent.

c)     Complainant and Respondent questioning of witnesses and parties (each witness will be questioned separately).

d)    Board questioning of witnesses (each witness will be questioned separately then excused).

e)     Board questioning of the Complainant and the Respondent.

f)     Respondent’s responding statement.

g)    Complainant’s responding statement.

h)     Final questions from Board

i)      Respondent student's closing statement.

j)      Complainant's closing statement.

p.     Deliberation: The Sexual Misconduct Hearing Board will deliberate in private and make an appropriate independent determination based on the information presented during the hearing.

                              i.        The Sexual Misconduct Hearing Board will have up to ten (10) business days to render a decision.

                             ii.        The Sexual Misconduct Hearing Board, by a unanimous decision, will determine whether or not the Respondent student violated the Sexual Misconduct and Harassment Policy.

                            iii.        If a determination of “In violation” is rendered, the Sexual Misconduct Hearing Board will determine an appropriate sanction(s) consistent with those specified in the Rowan University Student Code of Conduct, “Standard Sanctions for Sexual Misconduct and Harassment Violations”

q.    Notification: The Assistant Vice President will notify the Respondent and the Complainant simultaneously in writing of the decision. The Assistant Vice President will notify the Respondent and the Complainant simultaneously in writing of any change to the results prior to final imposition and the date of final imposition.

3. Appeal Procedures

Upon receiving notification of the outcome of a hearing conducted by the Sexual Misconduct Hearing Board or the outcome of the conclusion reached by the Administrative Hearing Officer, the Respondent or the Complainant may file an appeal under the following circumstances:

1)     A procedural or substantive error occurred in the process that significantly impacted the outcome of the hearing (e.g. material deviation from university policy; substantial bias; the findings and decision are contrary to the great weight of the evidence);

2)     New and significant information has become available which could not have been discovered by a properly diligent person before or during the hearing; or

3)     The sanction is inappropriate in light of the violation.

If information is brought to the Vice President for Student Life and Dean of Students that merits an appeal under any of the reasons stated above, the Vice President or designee can also file an appeal request.

All appeals must be submitted within five (5) business days of the date on the letter informing the parties of the decision, unless extenuating circumstances (i.e., mental incapacity, hospitalization) impede the filing of the appeal. Appeals must be submitted in writing to the Assistant Vice President for Civic Involvement and should explain in detail the basis of the request, including any supporting documentation.

Upon receipt of the written appeal, the Assistant Vice President for Civic Involvement will defer the imposition of the sanction(s) pending the decision on the appeal. However, interim suspension, no contact order directives and other interim restrictions will remain in effect during the appeal process.

Cases adjudicated by the Sexual Misconduct Hearing Board will be forwarded to the Sexual Misconduct Appeals Board. All other cases will be forwarded to the Vice President for Student Life and Dean of Students or designee.

An appeal will be responded to within fifteen (15) business days and a final decision will be issued in writing either accepting or denying the appeal and giving the reasons for this decision.

The Sexual Misconduct Appeals Board:

1)     The Assistant Vice President for Civic Involvement convenes the Sexual Misconduct Appeals Board. The Board is comprised of three members of the University's Administration (appointed by the Office of the President). Designees may be used in any of the positions. Each member must be in attendance for a quorum.

2)     The Sexual Misconduct Appeals Board will review the written appeal and all documentation contained in the case file in a closed meeting. The decision to deny or uphold the appeal will be made by a simple majority vote. If an appeal is upheld based on procedural or substantive error or new information (reasons 1 or 2 above), the case will be remanded to the Sexual Misconduct Hearing Board for re-opening of the hearing. If an appeal is upheld based on disproportionate sanction (reasons 3), the Sexual Misconduct Appeals Board will render the appropriate sanction.

Normally, all Sexual Misconduct Appeals Board decisions are final and will be forwarded to the Office of Community Standards for immediate implementation. For cases involving an expulsion of a student, the Respondent, the Complainant, or the Vice President for Student Life and Dean of Students or designee (in Sexual Misconduct Hearing Board cases) may request that the University President's Chief of Staff review the decision of the Sexual Misconduct Appeals Board.

Chief of Staff Review: A request for review by the University President's Chief of Staff must be made within two (2) business days of the date on the letter informing the parties of the Sexual Misconduct Appeals Board decision. The request must be submitted in writing to the Office of Community Standards and must include clear and convincing reasons to change the decision of the Sexual Misconduct Appeals Board. The Chief of Staff may or may not elect to review a decision. The request for review will be responded to within 15 days by the Chief of Staff.

If the Chief of Staff elects to review the determination, the Chief of Staff shall only overturn the decision if the facts presented demonstrate that the Appeals Board’s determination was arbitrary and capricious. This means that the decision will be overturned only if the decision was invalid because it was made on unreasonable grounds or without consideration of the circumstances.  When it is not possible for the Sexual Misconduct Appeals Board to meet within the established time, an appeal from Sexual Misconduct Hearing Board cases may be reviewed by the Vice President for Student Life and Dean of Students for final disposition.

The appeals process described above will be the final step in the discipline process and constitutes final university action.

XII.  SANCTIONS FOR VIOLATIONS

Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the University reserves the right to impose differing sanctions, ranging from official warning to expulsion, depending on the severity of the offense. The University will consider the concerns and rights of the complainant and the Respondent of sexual misconduct.

The Administrative Hearing Officer or the Sexual Misconduct Hearing Board will determine the most appropriate sanction in each specific case, taking into consideration the severity of the conduct represented in the complaint as well as any mitigating circumstances. There will be no deviation from the range of standard sanctions unless compelling justification exists to do so. RowanSOM and CMSRU students should be aware that they may be subject to additional disciplinary action and/or sanctions due to the professional or ethical standards of RowanSOM and CMSRU.

A. Standard Sanctions for Sexual Misconduct Violations

1. Any violation involving the use, attempted use; or threat of use of a weapon or other dangerous, illegal, or hazardous, object; or, the use or attempted use of a drug or intoxicant to incapacitate a person.
   • First Violation - University Expulsion, Notification of Parent/Guardian
   • Second Violation - University Expulsion
2. Any form of non-consensual sexual intercourse or penetration
   • First Violation - University Expulsion, University Suspension, Notification of Parent/Guardian
   • Second Violation - University Expulsion
3. Non-consensual Sexual Contact without use of a weapon, drug or intoxicant; Domestic Violence; Dating Violence; Stalking; Sexual Exploitation or Sexual Harassment
   • First Violation - Disciplinary probation, University Suspension, or Expulsion; Suspension of Campus Housing Privileges (if the student is not Suspended from the University and lives in Campus Housing), educational sanctions, Notification of Parent/Guardian
   • Second Violation - University Expulsion

XIII.           Special Provisions

1. Policy of Immunity

The University will grant immunity for using alcohol and other drugs to both the Complainant and the Respondent, unless the alcohol or other drug was used knowingly to perpetrate violence. No one should be fearful of obtaining resources or remedies from a violent crime because they were intoxicated.

In addition, the University will not pursue disciplinary action for drug or alcohol violations, or most other violations of the Student Code of Conduct, against a party or witness who comes forward in good faith to report sexual misconduct or harassment, crimes of violence, or other serious criminal behavior. See Rowan University Good Samaritan Policy.

2.  Notification of Outcomes

The outcome of a campus disciplinary hearing is part of the education record of the Respondent student and is protected from release under FERPA. However the University observes the exceptions as follows:

1. Complainants of incidents charged under the Student Sexual Misconduct Policy have a right to be informed simultaneously of the outcome and sanctions of the hearing, in writing. Complainants are also permitted to submit an appeal.
2. The University may release publicly the name, nature of the offense and sanction for any Respondent student who is found in violation of a University policy that is a sex offense or crime of violence (refer to Student Code of Conduct, Section VI, 13)
3. Parents or guardians of the Respondent student may be notified for cases involving sex offenses or crimes of violence (refer to Student Code of Conduct, Section VI, 13)

3.  University as Complainant

As necessary, the University reserves the right to initiate a complaint, to serve as Complainant, and to initiate institutional disciplinary proceedings without a formal complaint by the student of sexual misconduct or harassment.

4.  Timeline

All time frames set forth in this Policy may be extended by the Title IX Manager or other administrator for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.

XIII. New Jersey Sexual Assault Complainant's Bill of Rights

A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members. Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued. Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the university community in achieving these ends.

The boundaries of personal freedom are limited by applicable state and federal laws and institutional rules and regulations governing interpersonal behavior. In creating a community free from violence, sexual assault and non-consensual sexual contact, respect for the individual and human dignity are of paramount importance.

The state of New Jersey recognizes that the impact of violence on its students and the surrounding community can be severe and long lasting. Thus, it has established this Bill of Rights to articulate requirements for policies, procedures and services designed to insure that the needs of students are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity.

Bill of Rights: The following Rights shall be accorded to students of sexual assault that occur on the campus of any public or independent institution of higher education in the state of New Jersey, and where the student or alleged perpetrator is a student at that institution, and/or when the student is a student involved in an off-campus sexual assault.

X.     SUPPORTIVE/INTERIM MEASURES

Non-disciplinary, non-punitive individualized services will be offered to the Complainant and/or Respondent, as appropriate and as reasonably available, without fee or charge, where no Formal Complaint has been filed, or before or after the filing of a Formal Complaint. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties, the University’s educational environment, and/or to deter Sexual Misconduct.

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; campus escort services; mutual restrictions on contact between the parties (no contact directives); changes in work or housing locations; leaves of absence; increased security; and other similar measures. These measures may be implemented in coordination with the Vice President of Student Life/Dean of Students or designee (students) or the Vice President of Human Resources or designee (employees).

In addition, the University may place a student on an Interim Suspension, pending the outcome of the Grievance Process. This decision will be made in accordance with the University’s Student Code of Conduct.

The University will maintain as confidential any Supportive/Interim Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the University’s ability to provide the Supportive/Interim Measure(s).

XI.   ADVISORS

A Complainant and Respondent each have the right to an Advisor of their choice during the Grievance Process (discussed below). An Advisor may be a family member, a friend, an attorney, or any third party (i.e., a trusted employee). Advisors are present to support the parties and to provide advice on procedural matters; but may not speak on behalf of the party.

Advisors must adhere to all conditions and obligations under this policy and as required by the University’s process.

The Advisor has the right to accompany the Complainant or Respondent to any meetings with the Title IX Coordinator, Investigator (or their Designee), or University administrators, and the party has the right to communicate with their Advisor during any meeting. The Advisor may also assist the Complainant or Respondent during the investigation, preparing/submitting a response to the investigation report, attend the live hearing, or assist with the filing of an appeal.

The Advisor does not have speaking privileges during the investigation/investigatory interviews. The Title IX Coordinator or designee will exercise control over the investigation. Anyone who disrupts an investigatory interview or who fails to adhere to University policies may be asked to leave an investigatory interview.

With respect to the Hearing, an Advisor may attend the Hearing, but may not actively participate in the Hearing.

Regardless of whether a party has an Advisor, 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 advise the Title IX Coordinator or Investigator.

XII.  GRIEVANCE PROCESS/PROCEDURES

Upon receipt of a Report of Sexual Misconduct, the Title IX Coordinator or Designee, will contact the Complainant to: (i) discuss available Supportive/Interim Measures, while taking into consideration the Complainant’s wishes; (ii) inform the Complainant that the Supportive/Interim Measures are available with or without a Formal Complaint; and (iii) explain the process for filing of a Formal Complaint.

Upon receipt of a Formal Complaint, the University will initiate the Grievance Process.

The University will treat Complainants and Respondents equitably by providing Remedies to a Complainant where a determination of responsibility for Sexual Misconduct has been made against the Respondent, and by following the Grievance Process before the imposition of any Disciplinary Sanctions or other actions, that are not Supportive/Interim Measures, are taken against a Respondent.

Throughout the Grievance Process, there will be an objective evaluation of all relevant evidence, including both inculpatory (evidence implying or imputing responsibility) and exculpatory (evidence exonerating responsibility) evidence. In addition, credibility determinations will not be based on an individual’s status as a Complainant, Respondent, or witness.

Individuals involved in the Grievance Process (Title IX Coordinator, investigator, decision-maker, or any person designated by the University to facilitate an informal resolution process) shall not have a conflict of interest or bias for or against Complainants or Respondents generally, or an individual Complainant or Respondent. Such individuals shall also have the appropriate training as set forth in the Training Section of this policy.

It is presumed that a Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Grievance Process, or if a Respondent admits to responsibility.

It is a violation of this policy for anyone to make a False Report of Sexual Misconduct, or for anyone to make a False Statement during the Grievance Process. Disciplinary Sanctions may be imposed for intentionally making a False Report or False Statement.

1. Dismissal of a Formal Complaint
   1. The Title IX Coordinator must dismiss the Formal Complaint, or allegations therein, at any time, if it is determined that the conduct alleged would not constitute Sexual Misconduct, even if proved.  Such a dismissal does not preclude the University from taking action under another provision of the University’s policies.
   2. The Title IX Coordinator, in his/her discretion, may also dismiss the Formal Complaint, or allegations therein, if at any time during the Grievance Process, the following occurs: (1) the Complainant notifies the Title IX Coordinator, in writing that the Complainant would like to withdraw the Formal Complaint, or any allegations therein; (ii) the Respondent is no longer enrolled by the University; or (iii) specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
   3. Written notice of any required or permitted dismissal, including any reason(s) therefore, shall be promptly sent to the parties simultaneously.  This notice will also advise the parties of their appeal rights in accordance with this policy.
2. Consolidation of Formal Complaints – Formal Complaints as to allegations of Sexual Misconduct 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 allegations of Sexual Misconduct arise out of the same facts or circumstances.
3. Notice of Allegations – Upon receipt of a Formal Complaint, the Title IX Coordinator, or Designee, will provide written notice to the known parties, which includes:
   1. A link to the University’s Student Sexual Misconduct and Harassment Policy, so the parties can review the University’s Grievance Process, including the Informal Resolution Process;
   2. Sufficient detail, of what is known at the time, related to the allegations of Sexual Misconduct, including details such as the identities of the parties involved, the conduct allegedly constituting Sexual Misconduct, and the date(s) and location(s) of the alleged incident(s);
   3. A statement that the Respondent is presumed not responsible for the alleged conduct, and that a determination regarding responsibility will be made at the conclusion of the Grievance Process;
   4. Information that the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney;
   5. 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
   6. Reference to the provisions within the Student Sexual Misconduct and Harassment Policy that prohibits knowingly making False Reports or False Statements.
      Such notice will be provided to the parties within a reasonable period of time prior to conducting any investigatory interview, so that the parties have time to prepare and meaningfully respond.
      If, in the course of an investigation, the University decides to investigate allegations about the Complainant or Respondent that were not included in the initial notice, the University will provide notice of the additional allegations to be investigated, to the known parties.
4. Formal Resolution Process
   1. Written Notice of Meetings, Interviews, Hearings – Written notice of the date, time, location, participants, and purpose of all investigative 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.
   2. Investigation of a Formal Complaint – After notification of the allegations in the Formal Complaint has been sent, the Investigator, or Designee, will promptly initiate an investigation within seven (7) calendar days. The investigation shall be completed in a reasonably prompt manner, and should be completed within ninety (90) calendar days from the time the Formal Complaint is filed.
      1. The investigation will include interviews of the Complainant(s), Respondent(s) and any witnesses/individuals believed to have information relevant to the allegations, as well as the collection of any relevant evidence.
      2. Each party is permitted to have their Advisor present during any investigatory 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.
      3. The investigator will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional/paraprofessional acting in the professional/paraprofessional’s 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 party’s voluntary, written consent to do so for a Grievance Process.
      4. The parties and their Advisors are not restricted from discussing the allegations under investigation for the purpose of gathering and presenting evidence to the investigator.
      5. During the investigation, the parties will be provided the opportunity to present witnesses, including fact and expert witnesses, and other inculpatory (evidence implying or imputing responsibility) and exculpatory (evidence exonerating responsibility) evidence.
   3. Investigation Report – The Investigator or Designee will prepare an Investigation Report that fairly summarizes relevant evidence and party/witness statements.
      1. Prior to an Investigation Report being prepared, all of the evidence gathered by the investigator (any evidence obtained as part of the investigation, that is related to the allegations in the Formal Complaint, including information that will not be relied upon in reaching a determination and without regard to the source of the information), will be shared with the parties and their Advisors (if any) simultaneously. Names and other identifying information of individuals may be redacted if required by the Family Educational Rights and Privacy Act ("FERPA"). The parties and their Advisors must 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 confidentiality obligation may subject a party or Advisor to disciplinary action by the University.
      2. Each party may respond to the investigator in writing, within ten (10) calendar days of receipt of the evidence.
      3. After reviewing any timely submitted responses by the parties, the investigator will prepare an Investigation Report. The Investigation Report will fairly summarize the relevant evidence and party/witness statements.
      4. The parties and their Advisors (if any) will be simultaneously provided with an electronic or hard copy of the final Investigation Report. The parties may choose to provide a written response to the Investigation Report, which must be submitted to the investigator within ten (10) calendar days of 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.
      5. A copy of the Investigation Report and any written response(es) will then be forwarded to the Office of Community Standards, for the scheduling of a Hearing.
   4. Hearing – 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.
      1. Each party may have one Advisor attend the While a party may communicate with their Advisor, the Advisor may not actively participate in the Hearing. Prior to the scheduled Hearing, each party will be asked to identify their Advisor, if any, who will be present for the Hearing.
      2. Prior to the scheduled Hearing, the parties will be provided an opportunity to make a request for witnesses to participate in the Hearing on their behalf.  The parties must notify the Assistant Dean of Students, or Designee, of any witnesses at least seven (7) calendar days prior to the Hearing. 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.
      3. If the matter to be heard had originally attempted, but was unsuccessful at, the Informal Resolution Process, any information related to the Informal Resolution Process will not be admissible during the Hearing. In addition, the individual who facilitated the Informal Resolution Process may not be called as a witness at the Hearing.
      4. The matter will be heard by a Hearing Officer. The Hearing Officer will exercise control over the manner in which the Hearing is conducted, including being responsible for managing the questioning process and make decisions regarding responsibility and any Disciplinary Sanctions, if applicable.  
      5. Hearings may be conducted with all parties physically present in the same geographic location or, at the University’s discretion, any or all parties, witnesses, and other participants may appear at the Hearing virtually, with technology enabling participants simultaneously to see and hear 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 located 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.
      6. Both/all parties shall be permitted to be present during testimony of all witnesses and presentation of the evidence throughout the Hearing.
      7. The Hearing Officer will be provided access to the final Investigation Report and evidence at least twenty-four (24) hours prior to the Hearing. However, while the Hearing Officer may consider the final Investigation Report as evidence, the Hearing Officer will function as an independent adjudicator and will not be bound by any findings made by the investigator.
      8. At the beginning of the Hearing, the Hearing Officer, will enter his/her/ their name into the recording.  The parties and their Advisors (if applicable) will also enter their names into the recording.
      9. The Hearing Officer will ask if the Respondent has received the original notice of allegation(s) letter, and understands the nature of the charges.
      10. The Hearing Officer will then confirm that the parties have received copies of the Formal Complaint, notice of allegation(s) letter, list of witnesses, along with the final Investigation Report.
      11. The remainder of the Hearing will customarily proceed in the following order:
          1. Opening statement from the Complainant;
          2. Opening statement from the Respondent;
          3. Questioning of Complainant;
          4. Questioning of Respondent;
          5. Questioning of witnesses – each witness will be called one at a time, questioned separately, and dismissed at the conclusion of their testimony;
          6. Final questions of the Complainant(s)/Respondent(s) from the Hearing Officer;
          7. Respondent’s final statement; and
          8. Complainant's final
      12. Each party will have the opportunity to cross examine the other party (and relevant witnesses, if any) by submitting cross-examination questions to the Hearing Officer for consideration. Only relevant cross-examination questions may be asked of a party or witness. The Hearing Officer has the sole discretion to determine what questions are relevant.
      13. 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.
      14. The presentation of evidence by a party (including opening statements), cross-examination questions proposed, and final statements may be constrained to specified time periods when cumulative or as otherwise deemed appropriate by the Hearing Officer.
      15. The Hearing Officer may not draw an inference about the determination regarding responsibility based solely on a party or witness's absence from the Hearing, or refusal to answer cross-examination or other questions.
      16. Formal rules of evidence that are applicable to civil and criminal trials are not applicable to the Hearing.
      17. All Hearings will be closed to the public, and the only individuals who are permitted to attend are the Complainant(s), Respondent(s), their Advisors, 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.
      18. All Hearings will be audio and/or video Upon request, a digital file will be made available to the parties for inspection and review.
   5. Written Determination Regarding Responsibility/Disciplinary Sanctions – Within fourteen (14) calendar days following the Hearing, the decision-maker(s) will issue a written determination regarding responsibility, and Disciplinary Sanctions and/or Remedies (if applicable).
      1. If a Respondent has a record of prior disciplinary violations by the University, unless otherwise permissible, this information will not be considered by the Hearing Officer until after a determination of responsibility has been made, to assist the Hearing Officer in determining appropriate Disciplinary Sanctions.
      2. The written determination will include:
         1. A summary of the allegations of Sexual Misconduct;
         2. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notices to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, evidence considered, and hearings held;
         3. Findings of fact supporting the determination;
         4. Conclusions regarding the application of the University’s Student Sexual Misconduct and Harassment Policy to the facts;
         5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any Disciplinary Sanction(s) the University will impose on the Respondent, and whether Remedies designed to restore or preserve equal access to the University’s education programs or activities will be provided by the University to the Complainant; and
         6. Information regarding the University’s process and permissible bases for the Complainant and Respondent to appeal.
      3. The University will provide the written determination to the parties simultaneously.
      4. The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of an appeal, if any appeal is filed; or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
   6. Informal Resolution Process

At any point after a Formal Complaint has been filed, but before a determination of responsibility has been made, the University offers the opportunity for the parties to take part in an Informal Resolution Process, as an alternative to the Formal Resolution Process.

Informal Resolution is an opportunity for the parties to settle their matter, without going through the entire Formal Resolution Process, and without a finding by the University related to responsibility. The University will not pursue disciplinary action against a Respondent during the Informal Resolution Process. And, if the parties seek an Informal Resolution after an investigation has already begun, the investigation will be suspended, pending the outcome of the Informal Resolution.

Any party interested in pursuing an Informal Resolution should advise the Title IX Coordinator. Engagement in the Informal Resolution Process is completely voluntary, and each party must provide their written consent prior to beginning the process. If both/all parties do not agree to the Informal Resolution Process, the Formal Complaint will be addressed through the Formal Resolution Process. Most matters will be eligible for the Informal Resolution 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 facilitated 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 Designee, will work with the parties to complete the Informal Resolution Process within thirty (30) days.

Prior to engaging in the Informal Resolution Process, the parties will receive written notice providing the following 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 same allegations; (iii) notice that prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution Process and resume the Formal Resolution Process; and (iv) the consequences resulting from participating in the Informal Resolution Process, including the records that will be maintained or could be shared.

If the parties reach an Informal Resolution 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 will retain a copy in accordance with applicable law and its recordkeeping requirements. Agreements reached via the Informal Resolution Process shall be final and cannot be appealed. Any agreement reached through the Informal Resolution Process will provide that a student’s failure to comply with the terms of the signed agreement may result in disciplinary action in accordance with the Student Code of Conduct.

If the Informal Resolution Process is unsuccessful, or a party requests to end the process before a resolution is reached, or if at any time the Title IX Coordinator, or Designee, determines an Informal Resolution is no longer appropriate, the matter will be addressed through the Formal Resolution Process.

If a matter is unsuccessful in reaching an informal resolution, and is to be addressed through the Formal Resolution Process, any information related to the Informal Resolution Process will not be admissible during a Hearing. In addition, the individual who facilitated the Informal Resolution Process may not be called as a witness at a Hearing.

XIII. APPEALS PROCESS

 Complainants or Respondents may appeal the University’s dismissal of a Formal Complaint (or any allegations therein); or a determination regarding responsibility, including any Disciplinary Sanction(s) imposed.

1. Time to File an Appeal – An appeal must be in writing, and filed within seven (7) calendar days of the date of the letter informing the parties of the dismissal decision; or the determination regarding responsibility, including any imposition of Disciplinary Sanctions, if If an appeal is not filed within seven (7) calendar days, the dismissal decision or determination regarding responsibility (including Disciplinary Sanctions, if applicable) will be deemed final.
2. Bases for Appeal – Review of an appeal will be limited to the following bases:
   1. Procedural irregularity or substantive error that affected the outcome of the Deviations from the University’s policy/procedures will not be a basis for sustaining an appeal unless significant prejudice resulted;
   2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
   3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
   4. The Disciplinary Sanction(s) imposed were substantially disproportionate or not appropriate in light of the violation(s).
3. Procedure for Appeal of Dismissal of Formal Complaint or Allegations – A party who wishes to appeal the Title IX Coordinator’s decision to dismiss the Formal Complaint or an allegation therein, must submit the appeal in writing to the Vice President for Student Life and Dean of Students (“VP for Student Life”), explaining in detail the 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’s decision to dismiss, and then issue a written decision resolving the appeal, that includes the rationale for the decision, within fourteen (14) calendar days of receipt of the appeal.  The appeal decision will be issued simultaneously to both/all parties. An assigned Designee shall not be the Title IX Coordinator, Investigator (or Designee), or anyone who would be involved in the determination regarding responsibility.
4. Procedure for Appeal of Determination Regarding Responsibility/Sanctions – A party who wishes to appeal a determination of responsibility, including any Disciplinary Sanction(s) imposed, if applicable, must submit the appeal in writing to the Vice President for Student Life and Dean of Students (“VP for Student Life”), explaining in detail the basis of the request, and including any supporting The VP for Student Life, or Designee, will review the written appeal, any submission from the other party, and all documentation contained in the case file. The VP for Student Life, or Designee, will issue a written decision resolving 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 Designee shall not be the Title IX Coordinator,  Investigator (or Designee), or anyone who would be involved in the determination regarding responsibility.
5. Notification of Appeal – If a party files an appeal, the other party(ies) will be notified and may make their own written submission in support of or challenging the decision of dismissal/determination of responsibility, to the VP for Student Life/Designee, no later than seven (7) calendar days after receipt of such notice.
6. Effect of Appeal – 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 deferred pending the decision of the However, any Interim Suspension, no contact directive or other appropriate Supportive/Interim Measure will remain in effect during the appeal process.
7. Final Decision – An appeal may be resolved in the following manner:
   1. A dismissal or determination regarding responsibility, including any Disciplinary Sanctions (if applicable), is affirmed;
   2. A determination regarding responsibility is affirmed, but the Disciplinary Sanction(s)/Remedies is/are modified;
   3. A dismissal is reversed, and the matter is returned to the Title IX Coordinator to address in accordance with the policy; or
   4. A determination of responsibility is reversed, and a new outcome is determined, 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. 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 may 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 interpreter; or a person with disabilities requests a reasonable accommodation.

XV.   RETALIATION

Any harassment, intimidation, coercion, discrimination or adverse action taken against an individual for the purpose of interfering with their rights under this policy, or because of that individual’s participation in a complaint or investigation of Sexual Misconduct, will be treated as a separate violation of this policy and will result in immediate action by the University to stop the retaliatory behavior, prevent further violations by the perpetrator, and remedy any adverse impact of the violation.

The University seeking appropriate disciplinary action against any individual who makes a False Report or False Statement does not constitute retaliation.

XVI.  RECORDKEEPING

The University will retain for a period of at least seven (7) years, the records related to complaints, supportive/interim measures provided, investigations, transcripts or recordings of hearings, determinations of responsibility, informal resolutions, disciplinary sanctions, remedies provided, appeals and training.

XVII. TRAINING

The University will provide appropriate training to University officials with responsibilities under this policy, including the Title IX Coordinator, investigator(s), decision-makers, and any person who will facilitate an informal resolution process.

XVIII. REASONABLE ACCOMMODATIONS

Any student with a disability who needs a reasonable accommodation to assist with reporting Sexual Misconduct, responding to claims made against them, participating in the investigation and/or adjudication process, and/or determining Supportive/Interim Measures, should advise the Title IX Coordinator as soon as possible.

XIX.  REFERENCES 

1. File a Report
2. Office of Student Equity and Compliance
3. Title IX of the Education Amendments of 1972
4. Title IX Sexual Harassment/Sexual Assault Policy
5. Policy Prohibiting Discrimination in the Workplace and Educational Environment
6. Student Code of Conduct
7. Disruptive Behavior and Workplace Violence Policy
8. Good Samaritan Policy
9. Human Dignity Rights: to be free from any suggestion that students must report the crimes to be assured of any other right guaranteed under this policy; to have any allegations of sexual assault treated seriously; the right to be treated with dignity; to be free from any suggestion that students are responsible for the commission of crimes against them; to be free from any pressure from campus personnel to: report crimes if the student does not wish to do so, report crimes as lesser offenses than the student perceives the crime to be, refrain from reporting crimes, refrain from reporting crimes to avoid unwanted personal publicity.
10. Rights to Resources On and Off Campus: to be notified of existing campus and community based medical, counseling, mental health and student services for students of sexual assault whether or not the crime is formally reported to campus or civil authorities; to have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling; to be informed of and assisted in exercising: any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy, any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.
11. Campus Judicial Rights: to be afforded the same access to legal assistance as the accused; to be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused; to be notified of the outcome of the sexual assault disciplinary proceeding against the accused.
12. Legal Rights: to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported; to receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities; to receive full, prompt and student-sensitive cooperation of campus personnel with regard to obtaining, securing and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault.
13. Campus Intervention Rights: to require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of students by their alleged assailants; to be notified of the options for and provide assistance in changing academic and living situations if such changes are reasonably available.
14. Statutory Mandates: Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation. Each campus shall make every reasonable effort to ensure that every student at the institution receives a copy of this document. Nothing in this act or in any "Campus Assault Student's Bill of Rights" developed in accordance with the provisions of this act shall be construed to preclude or in any way restrict any public or independent institution of higher education in the state from reporting any suspected crime or offense to the appropriate law enforcement authorities.