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3, Third Party Harassment: - unwelcome behavior involving any of the protected categories referred to in the policy below that is not directed at an individual but exists in the workplace and interferes and interferes with an individual's ability to do his or her job.
4. Retaliation: adverse employment consequences based upon that employee bringing forth a complaint, providing information for an investigation, testifying in any proceeding under this policy policy, or engaging in any other protected activity under this policy or under applicable law.
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C. New Jersey - Model Procedures For Internal Complaints
VI. Policy
A A. Protected Categories
- Rowan University is committed to providing every employee and prospective employee with a work environment free from prohibited discrimination or harassment. Under this policy, forms of employment discrimination or harassment based upon the following protected categories are prohibited and will not be tolerated: race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability (NJAC 4A:7-3.1).
- To achieve the goal of maintaining a work environment free from discrimination and harassment, Rowan University strictly prohibits the conduct that is described in this policy. This is a zero tolerance policy. This means that the University reserves the right to take either disciplinary action, if appropriate, or other corrective action, to address any unacceptable conduct that violates this policy, regardless of whether the conduct satisfies the legal definition of discrimination or harassment.
B. Applicability (As a New Jersey State institution, Rowan University is covered under the state legislation prohibiting discrimination in the workplace as described under NJAC 4A:7-3.)
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VII. Procedures for Internal Discrimination Complaints
A A. Adapted from the New Jersey Model Procedures for Internal Complaints Alleging Discrimination in the Workplace, NJAC 4A:7-3.2, Issued: December 16, 1999
- Revised: June 3, 2005
- Revised: August 20, 2007
- Revised: October 15, 2009
- Revised: March 24, 2010
- Revised: February 8, 2011
- Revised: November 15, 2011
- Revised February 28, 2013
B B. Rowan University will follow the procedures below in the receipt and investigation of discrimination complaints.
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The investigatory report will be submitted to the President's designee, Joanne Connor, Chief of Staff who will issue a final letter of determination to the parties.
11 11. The Chief of Staff will review the investigatory report issued by the EEO/AA Officer or authorized designee, and make a determination as to whether the allegation of a violation of the Rowan Rowan University Policy Prohibiting Discrimination in the Workplace has been substantiated. If a violation has occurred, the Chief of Staff will determine the appropriate corrective measures necessary measures necessary to immediately remedy the violation.
12 12. The Chief of Staff will issue a final letter of determination to both the complainant(s) and the person, against whom the complaint was filed, setting forth the results of the investigation and the right of appeal to the Civil Service Commission, as set forth in Paragraphs 13 and 14, below. To the extent possible, the privacy of all parties involved in the process shall be maintained in the final letter of determination. The Civil Service Commission, Division of EEO/AA shall be furnished with a copy of the final letter of determination.
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3. The time for completion of the investigation and issuance of the final letter of determination may be extended by Rowan University for up to 60 additional days in cases involving exceptional circumstances. The University shall provide the Division of EEO/AA and all parties with written notice of any extension and shall include in the notice an explanation of the exceptional circumstances supporting the extension.
13. A complainant who is in the career, unclassified or senior executive service, or who is an applicant for employment, who disagrees with the determination of the Chief of Staff, may submit a written appeal to the New Jersey Civil Service Commission ("NJCSC"), Division of Merit System Practices and Labor Relations, Written Record Appeals Unit, P.O. Box 312, Trenton, NJ 08625-0312, postmarked or delivered within 20 days of the receipt of the determination from the Chief of Staff. The appeal shall be in writing and include all materials presented by the complainant at the University level, the final letter of determination, the reason for the appeal and the specific relief requested. Please be advised that there is a $20 fee for appeals. Please include a check or money order along with the appeal, payable to NJCSC. Persons receiving public assistance and those qualifying for NJCSC Veterans Preference are exempt from this fee, to the Civil Service Commission PO Box 312, Trenton, NJ 08625.
Employees filing appeals which raise issues for which there is another specific appeal procedure must utilize those procedures. The Civil Service Commission Chair may require any appeal, which raises issues of alleged discrimination and other issues, such as examination appeals, to be processed using the procedures set forth in this section or a combination of procedures as the Chair deems appropriate. See N.J.A.C. 4A:2-1.7.
The Civil Service Commission shall decide the appeal on a review of the written record or such other proceeding as it deems appropriate. See N.J.A.C. 4A:2-1.1(d).
The appellant shall have the burden of proof in all discrimination appeals brought before the Civil Service Commission.
14 14. In a case where a violation has been substantiated, and no disciplinary action recommended, the party(ies) against whom the complaint was filed may appeal the determination to the Civil Service Commission at the address indicated in Paragraph 13 above, within 20 days of receipt of the final letter of determination by the Chief of Staff.
The burden of proof shall be on the appellant.
The appeal shall be in writing and include the final letter of determination, the reason for the appeal, and the specific relief requested.
- If disciplinary action has been recommended in the final letter of determination, the party(ies) charged may appeal using the procedures set forth in N.J.A.C. 4A:2-2 and 3.
15 15. The Division of EEO/AA shall be placed on notice of, and given the opportunity to submit comments on, appeals filed with the Civil Service Commission of decisions on discrimination complaintscomplaints, regardless of whether or not the complaint was initially filed directly with the Division of EEO/AA.
16 16. Any employee or applicant for employment can file a complaint directly with external agencies that investigate discrimination/harassment charges in addition to utilizing this internal procedure. The time frames for filing complaints with external agencies indicated below are provided for informational purposes only. An individual should contact the specific agency to obtain exact time frames for filing a complaint. The deadlines run from the date of the last incident of alleged discrimination/harassment, not from the date that the final letter of determination is issued by the Chief of Staff.
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