...
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.
...
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.
...
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.
...
Students who report sexual misconduct should also be aware that University administrators must issue timely warnings for 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 students as confidential, while still providing enough information for community members to make decisions related to their safety in light of the danger. The individuals required to report for timely warning purposes are exactly the same as detailed at the end of the previous paragraph.
...
XI. Resolution Procedures
1. Voluntary Resolution Procedures
...
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.
...
- 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
- Any form of non-consensual sexual intercourse or penetration
- First Violation - University Expulsion, University Suspension, Notification of Parent/Guardian
- Second Violation - University Expulsion
- 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
...
- 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.
- 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)
- 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
...
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.
...