Policy Name: Sexual and Gender-based Misconduct Policy Governing Students
Policy ID Number: 05-04-005
Version Effective Date: September 20, 2016
Policy Applies To: Students
Responsible Office: Student Affairs
Approved By: Dean of Students
INTRODUCTION AND STATEMENT OF PURPOSE
New Jersey City University is a diverse, safe, and nondiscriminatory academic community whose existence depends on respect and civility, as well as a strict adherence to the standards of conduct set by its members. New Jersey City University expects that all members of the University community, students, faculty, administrators, or staff, conduct themselves such that they do not infringe upon the rights of others. Sex/Gender harassment, discrimination and misconduct, including sexual violence, sexual gender-based misconduct, domestic violence, dating violence, and stalking are serious violations of these standards and will not be tolerated. New Jersey City University not only regards these actions to be violations of the standards of the Student Code of Conduct required of all persons associated with the institution (members of the University community, guests, and visitors), but also recognizes that these are violations of state and federal laws.
The University fully complies with all civil and/or criminal laws prohibiting harassment, discrimination, and sexual misconduct. Sexual misconduct is a violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. The University is required to comply with Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities; the Violence Against Women Reauthorization Act of 2013 (VAWA), which requires prompt, fair and impartial investigation and resolution of allegations of sexual assault, stalking, dating violence and domestic violence; and Title VII of the Civil Rights Act of 1964 (as amended in 1991).
A. This policy covers all New Jersey City University students, and in particular students who:
B. Please note that the term "student" includes all persons for whom the University maintains educational records, as defined by the Family Educational Rights and Privacy Act of 1974 and related regulations; who have not yet been awarded his or her degree from the University, and includes undergraduate, graduate, professional, and non-matriculated students at the University. Additionally, this policy applies to participants in any University-related program or activity.
C. Throughout this policy, “Reporter” refers to the person making the allegation(s) of prohibited conduct and “Respondent” refers to the person alleged to have committed the prohibited conduct. When the Reporter is someone other than the victim of the alleged conduct, the victim also will be deemed the Reporter for purposes of the rights and options available under this policy.
D. Complaints Against Faculty, Staff and Third Parties – If the Respondent is a faculty or staff member, or third party who does business with the University, or is otherwise affiliated with the University, but not a University student, please refer to the NJCU Policy Prohibiting Discrimination and Harassment, 60.1.12, and Discrimination and Harassment Complaint Process for Complaints against University Employees and Individuals Who Do Business with the University, or contact the University’s Office of Employment Equity.
According to the University Student Code of Conduct, this policy covers both on-campus and off-campus conduct, as described below:
The University’s Title IX Coordinator oversees compliance with all aspects of the sex/gender harassment, discrimination and misconduct. The Coordinator reports directly to the President of the University and is housed in the Office of Equal Employment Opportunity/Affirmative Action/Diversity. Questions about related policies should go to the Office of Equal Employment Opportunity/Affirmative Action/Diversity.
There is a Title IX team that has been created to ensure that the University's learning environment is free from all forms of sexual misconduct. It is the obligation of these units to be familiar with this policy and, where appropriate and possible, to participate in continuous trainings to guarantee that they are able to fulfill these responsibilities.
A. On Campus Resources
Title IX Coordinator
Office of Equal Employment Opportunity/Affirmative Action/Diversity
firstname.lastname@example.org; Tel: 201-200-3075
Deputy Title IX Coordinators
Jodi Bailey (students)
Associate Vice President for Student Affairs
Hepburn Hall, Room 303
email@example.com; Tel: 201-200-3507
Senior Human Resources Director
Hepburn Hall, Room 105
Office 201-200-2335 | 201-200-2068
The University encourages all members of the University community to be aware of not only the consequences of sexual misconduct as governed by the provisions of the Student Code of Conduct, but also the options available to Reporters. Reporters are urged to seek assistance using any of the additional resources provided below. All incidents will be taken seriously regardless of gender identity or expression, immigration status, disability or sexual orientation.
B. Additional On Campus Resources
The Counseling Center
Gilligan Student Union, Room 308
The Center provides both immediate crisis intervention and therapy to recent or past survivors of sexual violence. Students are seen either individually or in a group with others who have experienced similar trauma. Therapists can be accessed by appointment, walk-in, or after-hours emergency.
The Health and Wellness Center
Vodra Hall, Suite 107
The Center provides information and makes referrals to off-campus clinics, specialists, testing facilities, and pharmacies.
Department of Public Safety Department
Tel: 201-200-3128 or call 55 Emergency
Rossey Hall, Room 114/115
Available 24 hours a day, 7 days a week
Open 24 hours, this is the office where individuals who have been violated can file a formal complaint. Appropriate Department of Public Safety staff can discuss available options and assist Reporter(s) to decide on a course of action. (For resident students, course of action can include a change in academic and/or living situations; for faculty, course of action can include change in office).
Speicher-Rubin Women’s Center for Equity and Diversity
Gilligan Student Union, Room 318
This Center provides advocacy, support services, information, and referrals to individuals who have, or who think they may have experienced sexual assault, sexual misconduct, stalking, and dating or domestic violence.
C. Off Campus Resources
Hudson S.P.E.A.K.S Against Sexual Violence assists survivors of sexual assault, ages 12 and above, in Hudson County. Hudson S.P.E.A.K.S. provides free and confidential services such as a 24-hour crisis hotline; 24-hour accompaniments to hospitals, courts, and law enforcement agencies, and individual counseling for survivors and their significant others; Christ Hospital, 179 Palisade Ave., Jersey City; 24-hour hotline, 201-795-5757
The Jersey City Police Department and Hudson County Prosecutor’s Office Sexual Assault Response Team (SART), receive reports of incidents, investigates and makes decisions regarding arrest and prosecution. Emergency, 911
D. Inquiries may be made externally to:
Office for Civil Rights (OCR)
(180 day statute of limitations)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
U.S. Department of Civil Rights Division
950 Pennsylvania Avenue, N.W.
Educational Opportunities Section, PHB
Washington, D.C. 20530
Telephone: (202) 514-4092 or 1-877-292-3804 (toll-free)
Facsimile: (202) 514-8337
Section I: SEXUAL AND GENDER-BASED MISCONDUCT
Sexual and gender-based misconduct offenses include, but are not limited to:
A. Sexual Harassment is defined as any sexually oriented behavior of a deliberate or negligent nature which adversely affects one’s academic performance or work environment. It may involve conduct or comments that are unintentional as well as intentional. It may include the use of authority to emphasize the sexuality or sexual identity of an individual in a manner, which prevents the individual's access to the educational benefits and/or opportunities at NJCU. Sexual harassment will not be tolerated in any context including student/student, faculty/student, staff/student, or other relationship. This policy prohibits all forms of sexual harassment. It includes, but is not limited to: quid pro quo harassment, hostile environment harassment, ender-based harassment.
B. Sexual Exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit or the benefit anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation may include:
C. Sexual Assault includes unwelcome, sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct. It can consist of non-consensual sexual contact or intercourse, including, but not limited to: (according to the New Jersey criminal statute):
D. Retaliation is the intentional action taken against an individual or a group because the individual or group made a report concerning sexual misconduct, was the subject of such a report, or otherwise participated in the University’s investigation of such a report.
The University recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that a Respondent can also be the subject of retaliation by the Reporter or a third party. The University will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate. The Title IX Coordinator will review all reports of retaliation and determine whether to impose immediate corrective action or whether to refer the report for investigation. In making this determination, the Title IX Coordinator may consult with the Title IX Team or members of the Title IX Team.
Section II: CONSENSUAL RELATIONSHIPS
Consensual relationships, as defined in this policy, potentially create inconsistencies and perceptions of impropriety that can impair the integrity of academic, educational, and employment decisions. Such relationships can result in other claims, including sexual misconduct, and subject employees and NJCU to risks. Consensual relationships may implicate the New Jersey City University Policy Prohibiting Discrimination in the Workplace and the Uniform Ethics Code of the State of New Jersey [New Jersey Conflicts of Interest Law and New Jersey City University Code of Ethics Policy], as well as Title IX.
Managers, in supervisory roles, as well as staff and faculty entrusted with advising and educating students, are often placed in relationships of trust and power. These relationships should not be jeopardized by the appearance of or behaviors which result in favoritism or unfairness in the exercise of professional judgment or management. It is the expectation of NJCU that employees with teaching, supervisory, advisory or evaluative responsibility over other employees and/or students maintain the ethical, legal, behavioral and professional boundaries that should exist in such situations.
Therefore, NJCU strongly discourages consensual relationships between employees and students. Should an inappropriate consensual relationship develop, NJCU encourages the employee or involved persons to discuss its existence with the appropriate departments and examine alternative arrangements for the supervision, evaluation, teaching, grading, or advising of the employee or student.
Section III: DEFINITIONS
A. Consent is a mutual and understandable exchange of affirmative words or actions which indicate permission to engage in mutually agreed upon sexual activity. Consent must be informed, voluntary, and actively given. Consent is free of force – including physical violence, threats, intimidation and coercion. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual engagement. The absence of a negative response is not consent. An individual who is incapacitated by alcohol and/or other drugs both voluntarily or involuntarily consumed may not give consent. Past sexual activity does not imply ongoing future consent. If any of the following are present, consent cannot be given:
B. Acquaintance rape and date rape are terms used to describe a rape in which the Reporter knows the rapist. They may have dated previously, had a class together, met at a party or be relatives or friends. Regardless of any prior relationship that may have existed, if one person forces another to submit to sexual contact, the act is still a form of sexual assault.
C. Intimate Partner Violence (dating and domestic violence) is a pattern of behavior in an intimate relationship that is used to establish power and control over another person through fear and intimidation.
A pattern of behavior is typically determined based on the repeated use of words and/or actions and inactions in order to demean, intimidate, and/or control another person. This behavior can be sexual, verbal, emotional and/or physical. Examples of intimate partner violence include, but are not limited to:
D. Stalking involves any behaviors or activities occurring on more than one occasion that collectively instill fear in the Reporter and/or threaten her/his safety, mental health, and/or physical health. Such behaviors or activities may include, but are not limited to non-consensual communications (face to face, telephone, e-mail), threatening or obscene gestures, surveillance, or showing up outside the targeted individual’s classroom or workplace. Stalking may precede sexual assault.
E. Confidentiality - Anyone who wishes to report sexual misconduct of any kind (including a past rape or abuse) can be assured that confidentiality will be maintained to the extent possible. Reporting a rape or an assault does not mean formal disciplinary or court action has been initiated. A permanent record of the receipt of complaint will be filed with the appropriate Title IX/Deputy Coordinator with an indication of the disposition of the complaint, and shall remain confidential, subject to court subpoena.
F. Retaliation is defined as any adverse action taken against a person participating in a protected activity because of his/her participation in that protected activity (subject to limitations imposed by the 1st amendment and/or Academic Freedom). Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of University policy.
Section IV: GROUNDLESS OR MALICIOUS ALLEGATIONS
It is a violation of this policy for anyone to knowingly make false accusations of sexual misconduct. Failure to prove a claim of sexual misconduct, however, is not equivalent to making a false accusation. Sanctions may be imposed for making unwarranted or vindictive accusations of sexual misconduct.
Section V: CONFIDENTIALITY
All University employees have a duty to report violation of this policy, unless they are Confidential Reporters as indicated below. Complaints of the policy violation may be made by any member of the University community who has been directly affected by this behavior or who has reasonable cause to believe that a violation of the policy has taken place.
In order to make informed choices, it is important to understand confidentiality and mandatory reporting requirements. At NJCU, some resources may maintain confidentiality, which means they are not required to report actual or suspected discrimination or harassment to the appropriate University officials. This also means that they can offer options and advice without any obligation to inform an outside agency or individual unless the Reporter has requested that information be shared. Other resources exist for a Reporter to report crimes and policy violations; these resources will take action when an incident is reported to them:
a. On Campus Confidential Reporters
Off-campus resources include: licensed professional counselors, local rape crisis counselors, domestic violence resources, local or state assistance agencies, and/or clergy. These individuals are required to file a report of the incident with the Title IX Coordinator and Department of Public Safety. The report will contain no information that would directly or indirectly identify the individual who experienced sexual misconduct.
Please note: In such cases where confidentiality is maintained, the University will be unable to conduct an investigation into the incident or take action against the alleged perpetrator.
Section VI: REPORTING OPTIONS
A. Individuals are encouraged to bring forward complaints as soon as possible after the incident(s) in order that the most thorough and fair consideration of the matter may occur. Although there is no time limit on the reporting of formal charges with the University, the University may ultimately be unable to investigate if too much time has passed or if the accused student has graduated.
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.
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:
J. Reporting to Responsible Employees/Community Members:
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.
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.
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.
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:
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.
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:
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:
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.
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.
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.
HUMAN DIGNITY RIGHTS:
RIGHTS TO RESOURCES ON AND OFF CAMPUS
CAMPUS JUDICIAL RIGHTS
CAMPUS INTERVENTION RIGHTS:
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.
Notice in writing that continuation or repetition of prohibited conduct may be the cause for additional disciplinary action.
This is a specified period of time during which the student will be excluded from participation in University privileged and/or extracurricular activities. During the probationary period, the student shall not represent the University in any extracurricular activity, run for, or hold office in any student group or organization. Additional restrictions and/or conditions may also be imposed, such as loss of campus housing or other privileges. Notification will be sent to appropriate University offices, including the Office of Campus Life. Failure to comply with the conditions of probation and/or additional Code of Conduct violations may result in
additional disciplinary sanctions.
This constitutes reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service or an assessment to repair or otherwise compensate for damages. Restitution may not be in excess of the damage or loss
This constitutes separation of the student from the University for a specified period. Exclusion from classes and other privileges and/or activities is instituted during the
suspended period. The suspension shall continue until the Dean of Students determines that the conditions for reinstatement have been satisfied. A student who is suspended from the University is not eligible for the return of tuition, room, or board fees or other fees paid or owed to the University. The student shall not participate in any University-sponsored activity and will be barred from University premises.
A permanent dismissal from the University and exclusion from University premises, privileges, and activities. A student who is expelled from the University is not eligible for the
return of tuition, room, or board fees or other fees paid or owed to the University. Expulsion requires administrative review and approval by the President.
|In the judgment of University and as appropriate, other sanctions may be imposed, instead of, or in addition to, those specified.|
Service to the University community for a specified number of hours until the date of completion; failure to complete all or part of a service project in a satisfactory manner by the completion date may automatically result in a fine being imposed by the hearing body that assigned the project. Such action does not preclude additional disciplinary sanctions being
imposed subsequent to a hearing to determine the reasons for failure to comply.
Assessment, Counseling, Mediation (harassment, not assault) and/or
Referrals to an appropriate agency for assessment, mediation, counseling, and/or treatment of possible psychological, emotional or substance abuse problems may be required.
Projects assigned for the educational benefit of the student, the organization, and/or the University community. Examples include enrollment in particular classes, participation in
workshops or seminars, conducting research, writing papers, planning programs, etc.
Increased penalties may result from repeated or aggravated violations of any section of the Code of Conduct.
Every organization has the duty to prevent any infraction of University rules and state laws as they are related to its activities. This duty is applicable not only to members of the organization who are engaging in the activity, but also to every member, including those not engaging in the activity. When students violate policy, they should be aware that in addition to being adjudicated as individual offenses, there may also be sanctioning of the entire organization. In determining whether a group may be held collectively responsible for the individual actions of its members, all the factors and circumstances surrounding the specific incident will be reviewed and evaluated. As a guiding principle, groups will be held responsible for the acts of their members when those acts grew out of, or were in any way
related to, group life.
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
I. U.S. Department of Justice, Office on Violence Against Women, http://ovw.usdoj.gov http://www2.ed.gov/about/offices/list/oese/oshs/emergingpractices.pdf
J. 20 U.S.C. §§ 1681-1688; Dear Colleague Letter: Transgender Students (May 13, 2016), www.ed.gov/ocr/letters/colleague-201605-title-ix-transgender.pdf.
DATE TO INITIATE REVIEW AND UPDATE
As deemed necessary or appropriate by the Policy Coordinator but at a minimum, at least every 5 years from the date of last review.