B. Any individual, not just the Reporter, may make a report under this policy, including a student, employee, visitor, guest, or other third party.

C. For student complaints against other students, the Student Code of Conduct and/or the Sexual and Gender-Based Misconduct Policy govern the complaint, investigation, and adjudication process through the Office of the Dean of Students (DOS) and/or a member of the Title IX Team.

D. For student complaints against faculty or staff, the Policy Prohibiting Discrimination in the Workplace (Human Resources/State Policy), the Faculty Handbook, and/or the Staff Handbook, govern the complaint, investigation, and the adjudication process through the appropriate offices and/or a member of the Title IX Team.

E. Upon notification, the Office of the Dean of Students, as well as the Department of Public Safety, may take immediate interim actions to protect the safety of the University community, to enable students with complaints and witnesses to continue academic programs, and to ensure the integrity of an investigation.

• These actions may include the interim suspension of the accused student and/or no-contact notices between the individuals involved.
• The Office of the Dean of Students and the Department of Public Safety may make arrangements for additional actions, if indicated, including, but not limited to:
  • Modifying class or work schedules;
  • Making alternate housing arrangements;
  • Addressing other academic concerns (e.g., absences, assignments, grades, leaves of absence, withdrawal); and/or
  • Safety planning.

F. For emergencies or if criminal behavior is expected, the student should contact 911. For non-emergencies, students are encouraged to contact the Department of Public Safety by phone at 201-200-3128 or in person at Rossey Hall, Room 114/115. The Department of Public Safety can advise students of available options. NJCU encourages those who have experienced sexual misconduct to speak with somebody about what happened so s/he can get the help and support s/he needs and the University can respond appropriately and effectively.

G.  Amnesty for Students Who Report Sexual Misconduct (Immunity for Reporters and Students Providing Assistance)
NJCU encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting an incident of sexual misconduct transparent. The University recognizes that students who have been drinking or using drugs at the time of an incident also may be hesitant to make a report because of potential disciplinary consequences for their own conduct. Thus, students who report sexual misconduct, either as a Reporter or a third party witness, will not be subject to disciplinary action by the University for Code of Conduct violations, such as their own personal consumption of alcohol or drugs at or near the time of the incident (provided that any such violations did not and do not place the health or safety of any other person at risk). The University may, however, initiate an educational discussion or pursue other educational remedies regarding these other violations. The amnesty policy applies to the university’s student conduct process which addresses student misconduct other than sexual misconduct subject to this Policy.

The University encourages the reporting of violations of this policy. Sometimes, victims are hesitant to report to University officials because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community that as many victims as possible choose to report to University officials. To encourage reporting, Clark University pursues a policy of offering victims of sexual offenses limited immunity from being charged for policy violations related to the incident. While violations cannot be completely overlooked, the University will provide educational options, rather than punishment, in such cases.

H. Bystander Intervention
NJCU strongly encourages all community members to take reasonable and prudent actions to prevent or stop sexual misconduct, including relationship violence, stalking and sexual assault. Taking action may include directly or indirectly confronting the situation, taking steps to interrupt the situation, or seeking assistance from a person in authority. Community members who choose to exercise this positive moral obligation will be supported by the university and protected from retaliation.

I. Individuals who choose to pursue action under this policy should make a report to the Title IX Coordinator or any of the following options:

• Title IX Coordinator
  Lisa Marshall
  Director, EEO/AA/Diversity
  Office of Equal Employment Opportunity/Affirmative Action/Diversity
  lmarshall@njcu.edu; Tel: 201-200-3075
  Hepburn Hall, Room 306
   
• Deputy Title IX Coordinators
  Jodi Bailey (students)
  Associate Vice President for Student Affairs
  Hepburn Hall, Room 303
  jbailey2@njcu.edu;  Tel: 201-200-3507
  
  Dr. Janelle McIntosh-Evans, Employee Relations Manager
  New Jersey City University
  Office of Human Resources
  2039 Kennedy Boulevard
  Jersey City, NJ 07305-1597
  Phone:  201.200.2067| Fax:  201.200.2219
  Email: Jevans@njcu.edu
  
  Department of Public Safety
  Tel: 201-200-3128 or call 55 Emergency
  Rossey Hall, Room 114/115
• Confidential Resources are those offices who report to the University without personally identifying information. If a student speaks with one of their staff members, the incident will not be reported to anyone at the University without the student’s express permission, except in instances in which there is an immediate and serious concern about his/her safety or the safety of others in the community.
  • The Counseling Center
    Gilligan Student Union
    Room 308 Tel: 201-200-3165
     
  • The Health and Wellness Center
    Vodra Hall, Suite 107
    Tel: 201-200-3456
  • Speicher-Rubin Women’s Center for Equity and Diversity
    Gilligan Student Union, Room 318
    Tel: 201-200-3189

J. Reporting to Responsible Employees/Community Members:

• A responsible employee/community is a member of the NJCU community who has an affirmative duty to report all instances of sexual misconduct that come to his/her attention to a Title IX Coordinator or Deputy Coordinator. All employees, other than those noted above (Counseling, Health and Wellness  and the Women’s Centers), fall into this category and are considered responsible employees/community members.
• When the Reporter or a third party (friend, family, coach, faculty or staff member, etc.) tells a responsible employee/community member about an incident of violation of this policy, s/he can expect the University to take immediate and appropriate steps to stop the harassment, remedy the effects, and prevent any reoccurrence.
• Once the information has been reported to a responsible employee, the Title IX Coordinator and/or Deputy Coordinator will be notified. The responsible employee/community member must report all relevant details of the allegation of policy violation, including the names of the Reporter, the alleged Respondent, and witnesses, as well as any other relevant facts, such as date, time, and specific location of the incident. Depending upon the nature of the policy violation and the individuals involved, the case will be assigned to an investigator.

K. The staff member to whom the report is made will assist the student to identify concerns and consider options. S/he shall provide a copy of this policy (and other relevant policies) to the student and make him/her aware of the availability of counseling and other resources.

L. In all cases, the staff of the Office of the Dean of Students endeavors to respond promptly and effectively to investigate the allegations. Typically investigations can take up to sixty (60) university business days following receipt of the complaint. Factors that could impair the timing of the investigation include the complexity and severity of the conduct, the number and availability of witnesses, or the need to identify and acquire physical or other evidence.

Section VII: INVESTIGATION
During an investigation, the investigator meets separately with the Reporter, the Respondent, and the witnesses, giving everyone the chance to submit, identify, and/or gather related information or evidence, including documents, photographs, communications between the parties, medical records (subject to the consent of the applicable person) and other electronic records as appropriate.

Following the interview, each person will be provided with a draft summary of his/her statement so that s/he can review to ensure its accuracy and completeness. The Reporter or Respondent may, under limited and extenuating circumstances, make a request to submit a written statement instead of participating in an interview. However, the final decision to do this rests with the Title IX or Deputy Coordinator. The Reporter or the Respondent may provide other relevant materials; however, it is the responsibility of the University to gather pertinent evidence as appropriate. The University’s review will be thorough, reliable and impartial.

A. Notice of the Investigation. Once a report has been given to the investigator, both the Reporter and the Respondent will be informed in writing of the initiation of the investigation. The written information will include the identities of the parties, if known, a concise summary of the prohibited conduct, and alleged policy violations.

B. Assumption of Good Faith Reporting. The University presumes that reports of prohibited conduct are made in good faith. A finding that the behavior at issue does not constitute a violation of this policy or that there is insufficient evidence to conclude that the incident occurred as reported does not mean that the report was made in bad faith. The University encourages all individuals who have experienced or witnessed behavior they believe violates this policy to report the matter so that it may be addressed, without fear of consequences from the University.

C. Presumption of Non-Responsibility and Standard of Proof. The investigation is a neutral, fact-gathering process. The Respondent is presumed to be not responsible. This presumption may  be overcome only where the investigator and/or subsequently a Hearing Board conclude that there is sufficient evidence, by a preponderance of the evidence, to support a finding that the Respondent violated the policy. A preponderance of the evidence means that it is more likely than not based on all the reasonable evidence and reasonable inferences from the evidence, that the Respondent violated this policy.

D. Participation by the Parties and Witnesses Is Voluntary. Reporters, Respondents, or witnesses may choose to participate or decline to participate in the formal resolution process. However, even if a Reporter or Respondent declines to participate, the University may continue to investigate the report and issue findings based on available information.

E. Acceptance of Responsibility. The Respondent may, at any time, elect to resolve the formal resolution process by accepting responsibility for the prohibited conduct, in which case, the matter will be referred to the Office of the Dean of Students to determine the appropriate sanctions.

F. Evidence. The investigator is responsible for gathering relevant evidence to the extent reasonably possible. However, the Reporter and the Respondent will be asked to identify witnesses and provide all relevant information (documents, communications, photographs, etc.) as promptly as possible.

G. The investigator will review all information identified or provided by the parties and will determine the appropriateness and relevance of the information developed or received during the investigation. All information considered relevant by the investigator will be provided to the parties for their review and comment, with respect to FERPA regulations.

H. Prior or Subsequent Conduct of the Respondent will never be used to prove character, but may be considered for other purposes, such as determining pattern, knowledge, intent, or the Respondent’s reasons for taking the action. The determination of relevance of pattern evidence will be based on an assessment of whether the previous or subsequent conduct was similar to the conduct under investigation or indicates a pattern of similar prohibited conduct. The investigator will determine the relevance of this information and both persons will be informed if evidence of prior or subsequent conduct is deemed relevant.

I. Prior Sexual Contact Between Reporter and Respondent. This will not be used to prove character or reputation. Moreover, evidence related to the prior sexual history between the parties is generally not relevant to the determination of a policy violation and will be considered only in limited circumstances.

J. Witnesses. Witnesses must have observed the acts in question or have information relevant to the incident and cannot participate solely to speak about an individual’s character. Witnesses will have the opportunity to discuss the investigation process and participate in an interview. Following the interview, a witness will review the draft summary to ensure its accuracy and completeness. As appropriate, the investigator will give this summary to the Reporter and Respondent for their review and comment. This information will be included in the investigation report.

K. Coordination with Law Enforcement. If the University is made aware that there is a concurrent criminal investigation, the investigator will inform any law enforcement agency that is conducting its own investigation that a University investigation is also in progress; ascertain the status of the criminal investigation; and determine the extent to which any evidence collected by law enforcement may be available to the University in its investigation.

• At the request of law enforcement, the University may agree to temporarily defer part or all of the investigation until after the initial evidence-gathering phase of the law enforcement investigation is complete.
• The investigator will communicate with the parties, consistent with the law enforcement request and the University’s obligations, about resources and support, procedural options, anticipated timing, and the implementation of any necessary interim measures for the safety and wellbeing of all affected individuals.
• Standards for criminal investigations are different than the standards for a violation of this policy, and therefore, the University will not base its decisions under this policy solely on law enforcement reports and/or actions. The University will fulfill its legal and ethical obligation to take immediate and appropriate action in response to a report of prohibited conduct, even if there are other external processes or procedures pending in connection with that same report.

L. Time Frame for Completion of Investigation. The period from commencement of an investigation, which begins with notice of the investigation to the Respondent, through resolution (finding) typically should not exceed sixty (60) university business days.

• This time frame may be extended for good cause, which may exist if additional time is necessary to ensure the integrity and completeness of the investigation, to comply with a request by law enforcement for temporary delay to gather evidence, to accommodate the availability of witnesses, to account for University breaks or vacations, to account for case complexities including the number of witnesses and volume of information provided by the parties, or for other legitimate reasons.
• The investigator will notify the Reporter and Respondent in writing of any extension of this time frame and the reasons for such extension as soon as possible.

M. Preliminary Investigation Report. After each person has had the opportunity to comment on their own statement and to identify witnesses and other potential information, and the investigator has completed witness interviews and the gathering of evidence, the investigator will prepare a preliminary report. The preliminary report will include, as applicable, the Reporter’s statement, the Respondent’s statement, each witness statement and either a copy or written summary of any other relevant information collected during the investigation. The preliminary report will not contain any findings.

• The Reporter and Respondent may review the preliminary report and provide feedback. The Reporter and the Respondent must submit any comments, feedback, additional documents, evidence, requests for additional investigation, names of additional witnesses, or any other information they deem relevant to the investigator within five (5) university business days after it is sent to them for review.
• In the event that new, relevant information is provided or identified by one of the parties, the information will be incorporated into the preliminary report and the parties will be provided a second opportunity to review and provide feedback before the investigator proceeds with the final report.

N. Final Investigation Report. After the five (5) university business day comment period has lapsed with/without comment, the investigator will address any relevant issues identified by the Reporter and/or Respondent, as appropriate, and pursue any additional investigative steps as needed. The investigator’s final written report will contain all information from the preliminary report, as supplemented by the relevant feedback submitted; any additional information gathered; the investigator’s findings; and a summary of the investigator’s rationale in support of the findings.

The investigator’s report and findings must be reviewed and approved by the Title IX and/or Deputy Coordinator.

O. Finding(s) of No Policy Violation. When the investigator (and/or the Title IX and/or Deputy Coordinator) determines that there is insufficient evidence, by a preponderance of the evidence, to support a finding of a policy violation on one or more of the allegations, the investigation will be closed and both the Reporter and the Respondent will be notified simultaneously of the outcome. If the Reporter chooses to appeal the finding, s/he must notify the Office of the Dean of Students within five (5) university business days of the notice of outcome. If the Reporter accepts the finding of No Policy Violation, the investigation will be  closed.

P. Finding(s) of Policy Violation. When the investigator determines that there is sufficient evidence, by a preponderance of the evidence, to support a finding of a policy violation on one or more of the allegations, a recommendation for resolution will be made to the Title IX and/or Deputy Coordinator). The notice of the outcome of the investigation will be sent to the Reporter and Respondent simultaneously. The notice of outcome will include information about next steps, which may include the options the sanctioning and/or the appeal processes.

Section VIII: RESOLUTIONS
A. Resolutions of complaints based upon alleged policy violations within the University may be achieved by using a formal procedure or an informal resolution.

B. Alleged incidents of sexual and gender-based misconduct can be resolved by using any of the following procedures:

• Informal resolution: the informal proceeding requires voluntary agreement of the parties and focuses on conciliation rather than culpability.
• Formal hearing: designated members of the Hearing Board in which the Reporter and the Respondent have the opportunity to provide testimonies, present witnesses and admit evidence on behalf of their case. It can also be dealt with through the review and recommendation of a single administrator, with the presence of a trained assistant.
• Withdrawal: At any time, reporting parties may choose to withdraw from these complaint proceedings. Nevertheless, the University's legal commitment to provide an environment free from sexual and gender-based misconduct may obligate the University to proceed in the absence of a complaint from  the person directly affected. In deciding whether to proceed in such cases, the University will take into account all relevant circumstances including, but not limited to, the availability of evidence, the accessibility of witnesses, the need for protection against retaliation on the part of witnesses and the need for due process on the part of Respondents.

Section IX: INFORMAL RESOLUTION PROCEDURES
In certain cases, complaints of sexual and gender-based misconduct can be resolved through voluntary problem- solving between both the reporting and responding parties. The Reporter can be offered an informal resolution process as an alternative to the formal complaint procedure. In this case, the Office of the Dean of Students will attempt to intervene in order to reach a satisfactory resolution between the individuals directly involved. The informal proceeding requires voluntary agreement of the parties and focuses on conciliation rather than culpability. If informal attempts to resolve the complaint are unsuccessful, or if the reporting party or the Office of the Dean of Students believes an informal procedure is inappropriate, the formal complaint process can be utilized at any time. The filing of an informal complaint is not a prerequisite to a formal complaint.

A. Designated staff of the Office of the Dean of Students and/or the Title IX Coordinator will determine if an informal resolution is an appropriate option for a reported incident.

B. An informal resolution process will never be applied in a case involving violence or nonconsensual sexual intercourse or penetration.

C. The informal written complaint must specify, in detail, the nature of the charge, dates of particular events, names of possible witnesses, Respondent's name and any other relevant information. The complaint must be signed and dated.

D. In order to conciliate an informal complaint, the Office of the Dean of Students may meet with the parties and their respective advisors separately. The purpose of the meetings is to clarify issues and resolve complaints.

E. If conciliation resolves the complaint, a conciliation agreement, stipulating the terms of the resolution, will be signed by the Reporter and the Respondent. Each party will be given a copy of the signed agreement.

F. If the conciliation process is unsuccessful and the Reporter wishes to proceed with a formal complaint, she/he must file a formal written complaint.

Section X: FORMAL HEARING PROCEDURES
If the reporting party wishes to invoke a formal administrative action, a formal written complaint must be filed with the Office of the Dean of Students. A formal complaint can be heard by designated members of the Hearing Board or by a single administrator.

A. The University has 60 business days from the time the formal complaint is filed to complete an investigation and render a decision of responsible or not responsible. Parties will be notified of any extensions as they are needed.

B. The formal written complaint must specify, in detail, the nature of the charge, dates of particular events, names of possible witnesses, Respondent's name and any other relevant information. The complaint must be signed and dated.

C. The Respondent must be notified in writing of the alleged sexual misconduct violation. The Respondent will be given the opportunity to respond to the complaint by filing a formal written response that must specify, in detail, dates of particular events, names of possible witnesses, and any other relevant information. This response must be signed and dated.

D. Once a formal complaint has been made and a formal response has been obtained, the Office of the Dean of Students and/or the Title IX/Deputy Coordinator shall identify the possible violation of the sexual or gender- based misconduct policy (violation of Title IX), and assign the investigator.

E. At this point a determination will be made whether to use the Hearing Board or a single administrator procedure.

• When the Hearing Board is utilized, both the reporting and responding parties will be notified in writing of the date, time and location of the hearing.
  • Both parties will also be informed, in detail, of their rights as a Reporter and a Respondent. All Hearing Board decisions are made on a preponderance of evidence and as recommendations to the board chair.
  • Upon the conclusion of the Hearing, the Hearing Board chair will forward a recommendation (decision and sanction) to the Office of the Dean of Students.
  • The Office of the Dean of Students will review recommendations and make adjustments if needed. Within five (5) University business days, s/he shall notify both the reporting and responding parties, in writing, of the final decision in the case as well as the sanctions, penalties and other stipulations or special requirements.
• In cases where a Single Administrator Process is used, the Administrator must be trained in both the Title IX and related NJCU policies and procedures and must be assisted by a second, trained staff member in all proceedings.
  • The Single Administrator of the Office of the Dean of Students will meet separately with both the Reporter and Respondent, examine all documentation, as well as review the evidence presented and collected during the investigation.
  • The Single Administrator will render a decision based on a preponderance of the evidence, and will forward that decision, including sanctions, to the Office of the Dean of Students.
  • The Office of the Dean of Students will review recommendations and make adjustments if needed. Within five (5) University business days, s/he shall notify both the reporting and responding parties, in writing, of the final decision in the case as well as the sanctions, penalties and other stipulations or special requirements.

Section XI: RIGHT OF APPEAL TO THE DEAN OF STUDENTS
Appeals – Students may appeal hearing decisions made as the result of an investigation or a formal/informal hearing in accordance with the following provisions:

A. Students are entitled to no more than one appeal review per case.

B. Students electing to appeal an investigation or hearing decision must file a written appeal, including the reasons for the appeal, with the Dean of Students, within five (5) University business days of notice of the sanction of the original hearing.

C. Appeals must be in writing and must state specific grounds for the appeal. Grounds for appeal are limited to the following:

• The sanction(s) imposed are significantly disproportionate to the offense
• Specified procedural errors or errors in interpretation of University regulations were so substantial as effectively to deny the student a fair hearing
• New and significant information became available and could not have been discovered by a properly diligent student before or during the original hearing
• The finding is unsupported by any information that was presented

D. The Dean of Students will review all documentation associated with the case and determine whether sufficient grounds exist to reopen the investigation/case. If sufficient grounds do not exist, the finding(s) and sanction(s) from the original investigation/hearing will stand and no further appeal is provided. If sufficient grounds exist to reopen the investigation/case, the Dean of Students may elect to hear the case in part, in total or de novo and is not bound by the finding(s) or sanction(s) of the original investigation/hearing body.

E. Once the appeal is granted, the Dean of Students will notify the all appropriate parties, in writing, of the continued investigation/new hearing date and of the new investigation/hearing conditions. The Dean of Students hears all appeals. This decision is final.

Section XII: RIGHTS OF REPORTING PARTY/RESPONDENT
The reporting and responding parties are entitled to receive support and assistance at all times during the resolution process. The Office of the Dean of Students is available and willing to provide such.

A. Rights of the Reporting Party – In addition to the rights outlined in the Student Code of Conduct and the Sexual and Gender-Based misconduct policies any student who believes that he/she has been a Reporter of sexual misconduct is urged to promptly pursue the matter and to file a complaint in accordance with the procedures described in this policy. The reporting party will not be reprimanded, retaliated against, and/or discriminated against in any way for initiating an inquiry or complaint in good faith.

B. Rights of the Respondent – In addition to the rights outlined in the Student Code of Conduct, a person against whom a complaint is lodged shall be presumed innocent of that charge unless and until there is a final administrative finding of responsibility or an admission to the charge by that person.

Section XIII: ROLES AND RESPONSIBILITIES

A. Student Conduct Administrator in the Office of the Dean of Students/Title IX Investigator

The role of the Investigator(s) is to:

• Provide information on the Sexual and Gender Based Misconduct Policy to members of the University community and third parties having connections to the University;
• Provide information on the Sexual and Gender Based Misconduct Policy to persons bringing forward a complaint;
• Advise and assist the members of the Hearing Board, administrators and others seeking direction in the handling of complaints;
• Assist persons wanting to initiate the informal resolution process or the formal hearing process and facilitate arrangements in connection with those procedures;
• In consultation with the Title IX team, develop and provide education to the University community on the prevention of Sexual Misconduct;
• In consultation with the Title IX team, coordinate and ensure appropriate and regular training for the Hearing Board;
• Maintain confidential records on all allegations of sexual and gender based misconduct; and
• Serve as a resource to the Sexual Misconduct Board.

B. Victim (reporter) Advocate
A trained staff member of the Speicher Rubin Women’s Center for Equity and Diversity will be designated as the confidential, trained Victim (reporter) Advocate. As requested and specifically in sexual assault and violence cases, the Advocate is expected to provide emotional support and assistance with navigating reporting options, in addition to advocating for the Reporter’s needs.

• The Advocate understands that his/her representation of the Reporter represents the interests of the student and therefore advocate cannot be retaliated against by the University in the event of a conflict.
• The advocate has no role in the investigation except to support and advocate for the Reporter. S/he may serve as a “process” advisor for the Reporter, but it should be clear that they serve different functions.
• Advocates are not expected to serve the responding parties (re: conflict of interest and safety and confidentiality concerns).

C. Advisor
Throughout the formal resolution process, a Reporter, Respondent, or witness may have an advisor of his/her choice. An advisor is an individual who is selected by a Reporter or a Respondent to provide support and guidance during the review of the policy violation report.

• An advisor may not be a witness or otherwise have any conflicting role in the process.
• An advisor may be an advocate and/or an attorney.
• Any person who serves as an advisor should plan to make him/herself available for meetings throughout the process.
• The advisor may assist with all written submissions made by a Reporter or a Respondent and may facilitate scheduling and other processes.
• During any meeting, the advisor may be present to observe and provide support and counsel to the participant.
• The advisor may not testify or obstruct the meeting.
• The advisor cannot discuss the report, arrange or attend related meetings without the Reporter and/or the Respondent in attendance.
• The University has the right at all times to determine what constitutes appropriate behavior on the part of an advisor and to take appropriate steps to ensure compliance with the policy.

Section XIV: GUIDELINES FOR THE REPORTER TO FOLLOW

A. Get to a safe place as soon as you can.

B. Try to preserve all physical evidence. Do not wash, use the toilet, or change clothing, if you can avoid it. If you do change clothes, put all clothing you were wearing at the time of the attack in a paper bag, do not use a plastic bag.

C. Get medical attention as soon as possible. A medical examination will provide any necessary treatment and collect important evidence. Injuries may not be immediately apparent: you can ask to be tested for sexually transmitted diseases, and at a later time, you may want to be tested for pregnancy and/or HIV. You are not alone.

Section XV: GUIDELINES FOR FACULTY AND STAFF TO FOLLOW

Faculty and staff can refer to the sections on Reporting Options should an incident of sexual assault and gender based misconduct be reported to them. Additionally, any of the indicated on-campus resources can be contacted directly should faculty or staff have any questions or concerns.

Section XV: EDUCATION AND PREVENTION
Campus programs and training will be planned throughout the year to educate the community on how they can work toward the prevention of sexual assault as well as intimate partner violence and stalking. The offerings will include:

A. New Student Orientation

B. Opportunity Scholarship Program Orientation

C. Improvisational theatre presentations and discussions

D. Workshops on gender issues

E. Presentations to athletes, sororities, fraternities, OSP students, clubs, and resident students

F. Events sponsored through the Speicher-Rubin Women’s Center for Equity and Diversity, Women & Gender Studies Department, Affirmative Action and Campus Life

G. A commitment by NJCU to make every effort to promote awareness among faculty, staff and students on these various issues, address its effects, and provide the Reporter resources and services

Section XVI: THE RIGHTS OF THE REPORTER AND THE RESPONDENT:

A. NEW JERSEY CAMPUS SEXUAL ASSAULT REPORTER’S BILL OF RIGHTS
A University 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. Respect for the individual and human dignity is of paramount importance in creating a community free from violence, sexual assault and non-consensual sexual contact.

The State of New Jersey recognizes that the impact of violence on its Reporters 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 Reporters are met and that the universities in New Jersey create and maintain communities that support human dignity.

• BILL OF RIGHTS NJSA18A:61E-1 et.seq.:
  The following Rights shall be accorded to Reporters 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 Reporter or alleged perpetrator is a student at that institution, and/or when the Reporter is a student involved in an off-campus sexual assault.
   

HUMAN DIGNITY RIGHTS:

• To be free from any suggestion that reporters 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 reporters are responsible for the commission of crimes against them
• To be free from any pressure from campus personnel
• To report crimes if the reporter does not wish to do so
• To report crimes as lesser offenses than the reporter perceives the crime to be
• To refrain from reporting crimes
• To refrain from reporting crimes to avoid unwanted personal publicity

RIGHTS TO RESOURCES ON AND OFF CAMPUS

• To be notified of existing campus and community based medical, counseling, mental health and student services for reporters 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

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

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 reporter-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

CAMPUS INTERVENTION RIGHTS:

• To require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of a reporter by the alleged assailant to be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available

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 Reporter’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.

 

2. The Rights of the Reporter/Respondent (as per the revised 8.17.16 NJCU Student Code of Conduct):

• The right to written and oral explanation of the charges.

• The right to present his or her side of the story.
• The right to a written statement explaining the Hearing Board process.
• The right to file a no-contact order to prohibit harassment of the accused by the Reporter, friends, or supporters.
• The right to challenge the Hearing Board on conflicts of interest (e.g., if the Reporter is a member of a particular student organization, the accused may challenge the presence at the hearing of an advisor from that student organization).
• The right to know ahead of time the names of the witnesses to be called to the hearing.
• The right to have needs promptly addressed.
• The right to have a support person accompany him/her through the hearing. All participants will be bound by the rules of confidentiality governing the hearing. Subject to court subpoena, all participants have the right not to have their identity revealed outside the confidential proceedings, without consent.
• The right to a fair and impartial hearing.
• The right not to have past sexual history discussed during the hearing.
• The right to a closed hearing.
• The right to remain present for the entire proceeding.
• The right to have access to any information that will be used at the hearing.
• The right to a hearing without unnecessary delays.
• The right to be informed within five business days of the Board findings and of the outcome of the hearing.
• The right to appeal the decision of the Hearing Board in writing within five business days of notification.
• The right to know the status of the case at any point during the investigatory process.
• The right to remain silent.
• The right to testify on his/her behalf.

 

Section XVIII: SANCTIONS/ UNIVERSITY DISCIPLINARY ACTION

 

Any member of the NJCU campus community who participates in sexual and gender based misconduct can be subject to sanctions which range from a warning to expulsion. They can also face action through the criminal justice system. Recommendations for sanctions for students will be made to the Office of the Dean of Students, who will issue the sanction to the Respondent.

 

 

XIX: RESOURCES

A. Atixa Gender-Based Harassment, Discrimination and Sexual Misconduct Model Policy, www.atixa.com, Authored by the NCHERM Group LLC Partners: Brett Sokolow, J.D., W. Scott Lewis, J.D., Saundra K. Schuster, J.D., Daniel C. Swinton, J.D., Ed.D. www.ncherm.org. 2015. THE NCHERM GROUP/ATIXA.

B. Policy 3.29.16, Student Code of Conduct

C. Policy 7.2.2013. Sexual Harassment Policy (email address)

D. Policy 6.11.2013. Sexual Assault Policy (email address)

E. Workplace Violence Policy

F. New Jersey Campus Sexual Assault Victim’s Bill of Rights, N.J.S.A. 18A:61E-1 et seq.

G. U.S. Department of Education, Office for Civil Rights, http://www.ed.gov/ocr http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf