TCNJ

15 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2020 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 & Off-Campus Services 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 they determine 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 & Off-Campus Services 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 procedural standards, policy, or sanctioning practices. e board will hear information presented by any involved parties and render a decision and sanctions if appropriate. is board is not utilized for cases that could result in the suspension or expulsion of the respondent. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in student conduct proceedings. A hearing administrator or board will determine whether the responding student is responsible for any charges. e hearing body's determination will be made on the basis of whether it is more likely than not that the responding student violated the Student Conduct Code. Both the reporter and the respondent are permitted to have an advisor of their choice present during any college proceeding, hearing, or meeting. Refer to the Student Conduct Code for the most updated procedural standards. Student Disciplinary Proceedings: Title IX Cases Any person may file a report regarding a possible Title IX incident at any time. e Title IX Coordinator will receive the report and determine whether (i) the allegations in the report, if true, would constitute a violation of this policy; (ii) there are sufficient facts to warrant an investigation; and (iii) the reporter will participate in the college investigation process. Based on the information received, the Title IX Coordinator and college administrators may determine that interim action(s) may be necessary to stop or prevent any further harassment from occurring. Should the Title IX Coordinator, in consultation with the Assistant Vice President for Student Affairs, determine that a threat to the health and/or safety of the Campus Community exists, an interim suspension may be applied for the respondent pending the outcome of a conduct proceeding. No permanent changes in student status will occur pending the outcome of the conduct proceeding; however, the respondent may be relocated or removed from housing or their academic space on a temporary basis. If the respondent is neither an employee nor a student, the Office of Student Conduct & Off-Campus Services and the Office of CPS may request that the respondent be banned from the TCNJ Campus Community. e college recognizes that there is not one universal resolution process that best meets the needs of our students and Campus Community. To adequately address reports of Prohibited Conduct under the Title IX Policy, including but not limited to, dating and domestic violence, sexual assault, and stalking, two different procedural processes are outlined. Option One: Administrative Hearing is the default process. To utilize Option Two: Alternative Resolution Process in lieu of Option One, there must be consensus of both the reporter and the respondent. e college retains the right at any time to select Option One: Administrative Hearing as the most appropriate procedural process. Individuals going through a disciplinary process, whether that be for Title IX 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 or investigator(s) may also have an advisor present at their discretion. For all investigations there will be one or more trained investigators present. e Title IX Coordinator will be the lead investigator and coordinate meetings with the reporter and the respondent. Once an initial report is received, the Title IX Coordinator will meet with both the reporter and respondent to gather additional information related to the complaint and ask which resolution process, if any, they would like to utilize. Once a decision is made regarding the resolution process, the investigators will follow the proper protocol outlined below, however, the college retains the right to make the final decision regarding which resolution process will be utilized, if any. Option 1: Formal Administrative Hearing. Both the reporter and respondent will be interviewed and asked to share information they have regarding the incident, as well as all relevant documentation (i.e. text messages, emails, photos, etc.), and identify witnesses who may provide direct information regarding the allegation. e investigator(s) will gather all information and create a statement summary which will be provided to each person providing information for acknowledgement. At that time the reporter or the respondent can make additions to or note any concerns or clarifications to their statement summary. e Title IX Coordinator will then add the document to the Title IX Investigation Report. Whenever possible, investigator(s) will gather all information within 35–40 calendar days. Once all information is gathered and compiled into an Investigation Report, the investigator(s) will meet separately with the reporter and respondent for a final review of information. e full Investigation Report, which does not include any finding or determinations, will be reviewed by the Assistant Vice President (AVP) for Student Affairs or designee to ensure that procedural protocol was followed. e AVP will either confirm that protocol was followed and the incident was fully investigated, or will ask the investigator(s) to further examine section(s) of the Investigation Report or seek additional information. Once satisfied with the process review, the AVP will determine whether there are charges based on the facts in the Investigation Report. e AVP will make that determination within 10 business days of receiving the Investigation Report. If the AVP determines that there are no charges, then the reporter has an opportunity to appeal this finding by following the process outlined in the Appeal for Student Cases section of the Title IX Policy. If charges are assigned,

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