Page History

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1. N.J.A.C. 4A:7 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

2. New Jersey Policy Prohibiting Discrimination in the Workplace
3. New Jersey Model Procedures for Internal Complaints Alleging Discrimination in the Workplace
4. Rowan University's Procedures for Internal Complaints Alleging Discrimination in the Workplace

5. Discrimination Complaint Processing Form 

    

   
   

VI.  Standard of Evidence

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1. Adapted from the New Jersey Model Procedures for Internal Complaints Alleging Discrimination in the Workplace, NJAC 4A:7-3.2.
2. Rowan University will follow the procedures below in the receipt and investigation of discrimination complaints.
1. 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).
2. Complaints of prohibited discrimination/harassment can be reported to the Assistant Vice President of Equity and Diversity/Title IX Coordinator, Title IX/EEO Investigator, or to any supervisory employee of Rowan University.
3. 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.
4. Supervisory employees shall immediately report all alleged violations of the Rowan University Policy Prohibiting Discrimination in the Workplace to the Assistant Vice President of Equity and Diversity/Title IX Coordinator or Title IX/EEO Investigator. Such a report shall include both alleged violations reported to a supervisor, and those alleged violations directly observed by the supervisor.
5. If reporting a complaint to any of the persons set forth in paragraphs 2 or 4 above presents a conflict of interest, Civil Service employees can file the complaint directly with the Division of EEO/AA, P.O. Box 315, Trenton, NJ 08625, and non-Civil Service employees can file a complaint directly with Human Resources. 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.
6. 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 (https://siteswww.rowan.edu/equity/_docs/policies/nj-state-discrim-complaint-formnj.gov/csc/about/publications/forms/pdf/pdf-481.pdf). An investigation may be conducted whether or not the form is completed.
7. 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 Equity and Diversity Office, 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 Equity and Diversity Office 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.
8. During the initial intake of a complaint, the Assistant Vice President of Equity and Diversity/Title IX Coordinator, Title IX/EEO Investigator, 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.
9. At the Assistant Vice President of Equity and Diversity/Title IX Coordinator’s discretion, a prompt, thorough, and impartial investigation into the alleged harassment or discrimination will take place.
10. An investigatory report will be prepared by the Assistant Vice President of Equity and Diversity/Title IX Coordinator or his or her designee when the investigation is completed. The report will include, at a minimum:
1. A summary of the complaint;
2. A summary of the parties' positions;
3. A summary of the facts developed through the investigation; and 
4. An analysis of the allegations and the facts
   The investigatory report will be submitted to the President's designee, Vice President of Human Resources (or his/her authorized designee), who will issue a final letter of determination to the parties.
11. The President’s designee (or his/her authorized designee) will review the investigatory report issued by the Assistant Vice President of Equity and Diversity/Title IX Coordinator or authorized designee, and make a determination as to whether the allegation of a violation of the Rowan University Policy Prohibiting Discrimination in the Workplace has been substantiated. If a violation has occurred, the President’s designee (or his/her authorized designee) will determine the appropriate corrective measures necessary to immediately remedy the violation.
12. The President’s designee (or his/her authorized designee) 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 as set forth in Paragraphs 13 through 15, 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.
    1. The letter shall include, at a minimum:
       1. A brief summary of the parties' positions;
       2. A brief summary of the facts developed during the investigation; and
       3. An explanation of the determination, which shall include whether:
          
          1. The allegations were either substantiated or not substantiated; and
          2. A violation of the Rowan University Policy Prohibiting Discrimination in the Workplace did or did not occur.
    2. The investigation of a complaint shall be completed and a final letter of determination shall be issued no later than 120 days after the initial intake of the complaint referred to in paragraph 8, above, is completed.   
    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 Office of Equity and Diversity 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 President’s designee (or his/her authorized designee), 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 President’s designee (or his/her authorized designee). 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 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.
    1. Civil Service employees filing appeals which raise issues for which there is another specific appeal procedure must utilize those procedures. The Civil Service Commission 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 Commission deems appropriate. See N.J.A.C. 4A:2-1.7.
    2. If an appeal under this policy raises issues concerning the employee not receiving an advancement appointment, the Commission shall decide those issues in the course of its determination.
    3. 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).
    4. The appellant shall have the burden of proof in all discrimination appeals brought before the Civil Service Commission.
14. In a case where a violation has been substantiated, and no disciplinary action recommended, the party(ies) against whom the complaint was filed, and who are in the career, unclassified or senior executive service, 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 President’s designee (or his/her authorized designee).
    
    1. The burden of proof shall be on the appellant.
    2. The appeal shall be in writing and include the final letter of determination, the reason for the appeal, and the specific relief requested.
    3. If disciplinary action has been recommended in the final letter of determination, the party(ies) charged, who are in the career, unclassified or senior executive service may appeal using the procedures set forth in N.J.A.C. 4A:2-2 (Major Discipline) and 3 (Minor Discipline and Grievances).
15. A complainant or respondent (an individual against whom the complaint was filed) who is NOT in the career, unclassified or senior executive service, or who is NOT an applicant for employment, who disagrees with the determination of the President's designee (or his/her authorized designee), may submit a written appeal to the Chief of Staff, postmarked or delivered within 20 days of the receipt of the determination from the President's designee (or his/her authorized designee). The appeal shall be in writing and include all materials presented by the complainant or respondent to the Office of Equity & Diversity, the final letter of determination, the reason for the appeal and the specific relief requested. The appeal must include clear and convincing reasons to change the decision of the President’s Designee (or his/her authorized designee). The Chief of Staff (or his/her authorized designee) 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 (or his/her authorized designee). 
    1. If the Chief of Staff (or his/her authorized designee) elects to review the determination, it shall be decided on a review of the written record or such other proceeding as s/he deems appropriate.  The Chief of Staff (or his/her authorized designee) shall only overturn the decision if the facts presented demonstrate that the President Designee (or his/her authorized designee)’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. 
    2. The appellant shall have the burden of proof in all discrimination appeals brought before the Chief of Staff (or his/her authorized designee). 
16. 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 complaints, regardless of whether or not the complaint was initially filed directly with the Division of EEO/AA. 
17. 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 President’s designee (or his/her authorized designee). 

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