TCNJ

12 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2017 cases, may be a crime. Title IX of the Education Amendments of 1972 (Title IX), and its regulations, prohibit discrimination on the basis of sex and/or gender in education programs or activities operated by recipients of federal financial assistance. To address complaints of sexual violence, the college administers prompt, fair, and impartial disciplinary procedures from the initial investigation to the final disposition. Investigations and related proceedings are conducted by trained investigators who undergo annual comprehensive training on issues related to dating violence, domestic violence, sexual assault, and stalking. Designees receive minimal ongoing annual training on investigations, including trauma informed practices, that protect the safety of victims and promote accountability for behavior. Employee Disciplinary Proceedings Sexual harassment by employees at e College of New Jersey is prohibited under the Policy Prohibiting Discrimination in the Workplace/Educational Environment, ogc.pages.tcnj.edu/reporting, as well as the Title IX Policy, titleix.tcnj.edu/policies/. Procedures for Internal Complaints Alleging Discrimination in the Workplace/Educational Environment, may be found at: affirm.pages.tcnj.edu/complaint. When a complaint of alleged discrimination is received, the EEO/ AA officer, Title IX coordinator, or authorized designee will conduct an investigation and prepare an investigatory report, including a summary of the complaint, a summary of facts developed through the investigation, and an analysis of the allegations and facts. e report is submitted to the president of the college who will issue a final determination. An investigation and/or disposition will be completed within 120–180 days of the date the complaint is filed. While an investigation is underway, appropriate and relevant interim protective measures may be put in place, including, but not limited to, position reassignment, counseling through the Employee Assistance Program, or suspension. Any determination by the investigator and the president will be made on the basis of whether it is more likely than not that the respondent violated the Title IX Policy and/or Policy Prohibiting Discrimination in the Workplace/ Educational Environment. Both the reporter and respondent are entitled equitable participation in the investigation and decision process. e process for appealing a determination through this process is determined by the relevant collective bargaining unit in which the respondent holds membership. Both the reporter and the respondent will be sent notifications simultaneously in writing of the result of any institutional disciplinary proceeding (including appeal) that arises from an allegation of discrimination including dating violence, domestic violence, sexual assault, or stalking. Sanctions for a determination that discrimination took place may include assignment of any of the following sanctions alone or in any combination: warning/ reprimand, position reassignment, training, counseling, demotion, suspension, or removal from employment. Student Disciplinary Proceedings Non-Title IX Cases e Student Conduct Code prohibits certain behavior by our students: conduct.tcnj.edu. If an investigation into a report results in any charge(s) of violations of expectations for student conduct as outlined in the Student Conduct Code, a responding student will have a conference meeting with an administrator to discuss the charges. In non-personal abuse and non-Title IX-related cases, the charged student will choose either an informal or formal hearing process. An informal hearing will typically be conducted immediately following this selection. A formal hearing (either administrative or board) will be scheduled within a practical period. In personal abuse cases (non-Title IX-related) the college will determine whether an informal or a formal hearing process is appropriate for addressing the charges and will consider the expressed preferences of both the reporter and respondents, and the totality of the circumstances in this determination. If the college elects an informal hearing, both the reporting and responding students will have equal opportunity to share information with the informal hearing administrator before a final determination on responsibility is made. If the college elects a formal hearing (via a board (for cases that will not result in suspension or expulsion of the respondent) or single hearing administrator), the reporter (Refer to Section in 03. Personal Abuse Cases) will be invited to attend the formal hearing, provide information, and pose questions of any presenting parties to the same extent as the respondent. Reporters, respondents, and/ or witnesses are not mandated to participate in any student conduct proceeding(s); however, their absence may limit the hearing body's ability to evaluate all relevant information to the fullest extent possible. An informal hearing will be conducted within a practical period by a trained faculty or staff member of the college who is selected by the director of student conduct and who has not previously served as an investigator or administrator in the process for the individuals involved. e hearing administrator will individually interview the reporter/respondent providing information and may temporarily adjourn the informal hearing if he or she determines that further review or clarification is necessary. is includes but is not limited to interviewing the reporter, respondent and/or other relevant witnesses. A formal administrative hearing is conducted within a practical period by a trained faculty or staff member of the college who is selected by the director of student conduct and who has not previously served as an investigator or administrator in the process for the parties involved. e administrator will hear information presented by the reporter, respondent, and witnesses in a formal hearing setting and render a decision and sanctions if appropriate. A formal board hearing is conducted within a practical period by a board of trained students and is advised by the assistant director of student conduct or designee. e advisor does not vote nor participate in deliberations, but may answer questions regarding

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