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14 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2020 Employee Disciplinary Proceedings Sexual violence (which includes, but is not limited to, dating violence, domestic violence, sexual assault, stalking, and gender discrimination) by employees at e College of New Jersey is prohibited under the Policy Prohibiting Discrimination in the Workplace/Educational Environment, as well as the Title IX Policy. For more information regarding each of these policies, please see policies.tcnj.edu. Procedures for Internal Complaints Alleging Discrimination in the Workplace/Educational Environment, may be found at: ogc.tcnj.edu/wp-content/uploads/sites/132/2019/05/Procedure- for-Internal-Complaints.pdf. When a complaint of alleged discrimination, including those relating to dating or domestic violence, sexual assault, or stalking, is received, the EEO/AA Officer, Title IX Coordinator, or authorized designee will conduct a prompt, fair, and impartial 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 Vice President for Inclusive Excellence. e VP for Inclusive Excellence who receives annual training on the college's policies and procedures, will issue a final determination. e college will make every attempt to complete an investigation and/or disposition within 120–180 days of the date the complaint being filed. Reporters and respondents going through a disciplinary process, whether that be for Title IX Policy or the Policy Prohibiting Discrimination in the Workplace/Educational Environment, and/or Student Conduct, have the right to have an advisor of their choice present during any meeting with college staff in relation to the incident, investigation preparations, hearing proceedings, and/or appeals. However, advisors may not represent the party or actively participate in any college-related disciplinary proceeding or meeting. e Title IX Coordinator, EEO/AA Officer, or investigator(s) may also have an advisor present at their discretion. 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 VP for Inclusive Excellence 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. If the respondent is an employee of the college, and is found responsible for the conduct, including conduct related to dating or domestic violence, sexual assault, or stalking, the matter will be referred to the Office of Human Resources (HR) for appropriate disciplinary action. Appropriate action can vary from written reprimand to removal. Temporary assignment or removal may be in order pending the final disciplinary action. HR works closely with Academic Affairs to ensure that the college's response to the behavior is addressed through appropriate disciplinary action. e level of sanction and/or amount of fine assessed to employees for disciplinary violations shall be determined on a case by case basis and shall be governed by the severity of the violation, the surrounding circumstances and the disciplinary history. While the college subscribes to the principles of progressive discipline, where the conduct is egregious nothing shall preclude the college from issuing higher level sanctions (including removal from employment) for serious violations, even if they constitute first violations. Examples of disciplinary sanctions that may be imposed alone or in any combination include: Employee Counseling, Written Reprimand (First Level of Official Discipline), Record Suspension, Suspension Without Pay, Demotion, Removal, and/or Fine. At the conclusion of any institutional disciplinary proceeding, both the reporter and the respondent will be sent notifications simultaneously in writing of the result (which includes language on how to submit an appeal), including the result of an appeal that arises from an allegation of discrimination including dating violence, domestic violence, sexual assault, or stalking. e process for appealing a determination through this process is determined by the relevant collective bargaining unit in which the respondent holds membership. Student Disciplinary Proceedings: Non-Title IX Cases While the Title IX Policy covers incidents related to gender there are still instances of domestic violence and stalking which may may fall outside the scope of Title IX and therefore are addressed by the Office of Student Conduct & Off-Campus Services. ese cases still have the same procedural standards as Title IX process and the information on these cases are shared during the annual reporting of data as they may meet the Clery definition to be included in the ASR. 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 (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 1 e terms "victim," "survivor," "complainant," "complaining party," and "client" are used interchangeably in this document to refer to an individual who in good faith reports having been subjected to action by another individual that constitutes a violation of applicable law or college policy prohibiting sexual misconduct (including sexual assault, sexual battery, domestic or dating violence, and stalking). e use of the forgoing terms does not signify that a determination has been made that an accused party or respondent has committed such a violation. Such a determination can only be made by a court (with respect to criminal charges or civil liability) or through the Student Conduct process (with respect to violations of the Undergraduate Student Conduct Code or Graduate Student Conduct Code by students) or employee disciplinary process (with respect to violations of college policy by employees).

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