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- Workplace Discrimination: any employment practice or procedure that treats an individual less favorably based upon any of the protected categories referred to in the policy below or as provided under applicable law. It is also a violation of this policy to use derogatory or demeaning references regarding the protected categories listed in the policy below or as provided under applicable law.
- Sexual Harassment: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
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- 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 with an individual's ability to do his or her job.
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- Retaliation: adverse employment consequences based upon that employee bringing forth a complaint, providing information for an investigation,testifying in any proceeding under this policy, or engaging in any other protected activity under this policy or under applicable law.
V. References
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- N.
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- J.A.C. 4A:7 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
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- New Jersey Policy Prohibiting Discrimination In The Workplace
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- New Jersey - Model Procedures For Internal Complaints
VI. Policy
A. Protected Categories
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- Rowan University shall follow the Procedures for Processing Internal Discrimination Complaints with regard to reporting, investigating, and where appropriate, re-mediating claims of discrimination/harassment (See N.J.A.C. 4A:7-3.2). The Office of Equity and Diversity is for receiving complaints of discrimination/harassment, investigating such complaints, and recommending appropriate remediation of such complaints. In addition to the Assistant Vice President of Equity and Diversity, the Supervisory Program Coordinator of Equity and Diversity has been designated to also receive complaints of discrimination in the workplace.
- All investigations of discrimination/harassment claims shall be conducted in a way that respects, to the extent possible, the privacy of all the persons involved. The investigations shall be conducted in a prompt, thorough and impartial manner. The results of the investigation shall be forwarded to the Rowan University Chief of Staff to make a final decision as to whether a violation of the policy has been substantiated.
- Where a violation of this policy is found to have occurred, Rowan University shall take prompt and appropriate remedial action to stop the behavior and deter its re-occurrence. The University shall also have the authority to take prompt and appropriate remedial action, such as moving two employees apart, before a final determination has been made regarding whether a violation of this policy has occurred.
- The remedial action taken may include counseling, training, intervention, mediation, and/or the initiation of disciplinary action up to and including termination of employment.
- Rowan University shall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate.
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- All employees and applicants for employment have the right and are encouraged to immediately report suspected violations of the Rowan University Policy Prohibiting Discrimination in the Workplace, (As adapted from N.J.A.C. 4A:7-3.1).
- Complaints of prohibited discrimination/harassment can be reported to Bindu Jayne, J.D., Assistant Vice President of Equity and Diversity and designated EEO/AA Officer, or to any supervisory employee of Rowan University. Complaints may also be reported to the Supervisory Program Coordinator in the Office of Equity and Diversity.
- Every effort should be made to report complaints promptly. Delays in reporting may not only hinder a proper investigation, but may also unnecessarily subject the victim to continued prohibited conduct.
- Supervisory employees shall immediately report all alleged violations of the Rowan University Policy Prohibiting Discrimination in the Workplace to Bindu Jayne, J.D. as EEO/AA Officer. Such a report shall include both alleged violations reported to a supervisor, and those alleged violations directly observed by the supervisor.
- If reporting a complaint to any of the persons set forth in paragraphs 2 through 4 above presents a conflict of interest, the complaint may be filed directly with the Division of EEO/AA, P.O. Box 315, Trenton, NJ 08625. An example of such a conflict would be where the individual against whom the complaint is made is involved in the intake, investigative or decision making process.
- In order to facilitate a prompt, thorough and impartial investigation, all complainants are encouraged to submit a Division of EEO/AA Discrimination Complaint Processing Form. An investigation may be conducted whether or not the form is completed.
- Rowan University shall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate. A copy of all complaints (regardless of the format in which submitted) must be submitted to the Civil Service Commission, Division of EEO/AA, by the University's EEO/AA Officer, along with a copy of the acknowledgement letter(s) sent to the person(s) who filed the complaint and, if applicable, the complaint notification letter sent to the person(s) against whom the complaint has been filed. If a written complaint has not been filed, the EEO/AA Officer must submit to the Division of EEO/AA a brief summary of the allegations that have been made. Copies of complaints filed with the New Jersey Division on Civil Rights, the U.S. Equal Employment Opportunity Commission, or in court also must be submitted to the Division of EEO/AA.
- During the initial intake of a complaint, the EEO/AA Officer or authorized designee will obtain information regarding the complaint, and determine if interim corrective measures are necessary to prevent continued violations of the Rowan University Policy Prohibiting Discrimination in the Workplace.
- At the EEO/AA Officer's discretion, a prompt, thorough, and impartial investigation into the alleged harassment or discrimination will take place.
- An investigatory report will be prepared by the EEO/AA Officer or his or her designee when the investigation is completed. The report will include, at a minimum:
- A summary of the complaint;
- A summary of the parties' positions;
- A summary of the facts developed through the investigation; and
- An analysis of the allegations and the facts.
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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.
- 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.
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- 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
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- a violation of the
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- 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
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- measures necessary to immediately remedy the violation.
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- 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
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- 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
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- 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.
- The letter shall include, at a minimum:
- A brief summary of the parties' positions;
- A brief summary of the facts developed during the investigation; and
- An explanation of the determination, which shall include whether:
- The letter shall include, at a minimum:
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- The allegations were either substantiated or not substantiated; and
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- A violation of the Rowan University Policy Prohibiting Discrimination in the Workplace did or did not occur.
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- The investigation of a complaint shall be completed and a final letter of determination shall be issued no later than 120 business days after the initial intake of the complaint referred to in
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- Paragraph 8, above, is completed.
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- 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
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- 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
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- of the exceptional circumstances supporting the extension.
- of the exceptional circumstances supporting the extension.
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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.
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- 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
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- 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.
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- 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
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- complaints, regardless of whether or not the complaint was initially filed directly with the Division of EEO/AA.
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- 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
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- 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
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- 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
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- determination is issued by the Chief of Staff.
VIII. Complaints May be Filed with the Following External Agencies
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