TCNJ

19 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2021 • e college reserves the right to suspend or terminate the Alternative Resolution Process and revert back to an investigation at any time. • e respondent may be charged with Compliance with Directives, part b. under the Sexual Harassment, Misconduct, & Discrimination Policy for failure to meet the requirements laid out in an Alternative Resolution Agreement. Sample Restorative/Educational Activities. Possible options that students may incorporate into the Alternative Resolution Process, include but are not limited to: • Restorative Circle • Salient Analysis of Interpersonal Dynamics (SAID) Workshop • Reporter Impact Statement • Counseling Sessions • Alcohol Education Class(es) • Bi-weekly or monthly check in meetings with the Title IX Coordinator • Implementation of a No Contact Directive with the college • Restriction from participation in specific clubs and/or organizations • Restriction from participation in particular events (e.g., Senior Week) • Completion of a master education plan with regular meetings with a faculty or staff member of the college • Community Service Individuals going through any college resolution process, have the right to have an advisor of their choice present during any meeting or proceeding with college staff in relation to the alleged Prohibited Conduct. However, advisors may not represent the party or actively participate in any college-related disciplinary proceeding or meeting, with the exception of conducting cross-examination on behalf of a party during a formal administrative hearing. e Title IX Coordinator, investigator(s), and the designated hearing administrator may also have an advisor present at their discretion. Notification of Disposition and Appeal Procedures in a Student Disciplinary Proceeding For Title IX & Sexual Misconduct Cases: Both the reporter and respondent have the opportunity to appeal, as applicable, the dismissal of a Formal Complaint and any decision and/or outcome(s) rendered by a hearing administrator during the Formal Grievance Process. e respondent and the reporter will simultaneously receive written notification of any dismissal and outcome, along with information regarding how to appeal the dismissal and/or decision rendered. Grounds for Appeal. e dismissal of a Formal Complaint or the determination of responsibility (hearing decision) may be appealed on the following grounds as applicable: • Process Review. Procedural irregularity that materially affected the outcome of the matter; • New Information. New evidence that was not reasonably available at the time the dismissal or determination regarding responsibility was made, that could materially affect the outcome of the matter; • Conflict of Interest or Bias. e Title IX Coordinator, investigator(s), hearing administrator, and/or other associated decision-maker(s) (as applicable) had a conflict of interest or bias for or against reporters or respondents generally or the individual reporter or respondent that materially affected the outcome of the matter; and/or • Information Review. To determine whether there was information presented in the Formal Complaint, investigation process, and/ or formal administrative hearing (as applicable) that, if believed by the administrator, was sufficient to warrant the continuation of a college resolution process or establish that a violation(s) of the Policy occurred. Either party may also appeal the assigned sanction(s) on the following ground: • Sanction Review. e sanction(s) designated by the formal hearing administrator was clearly inappropriate and/or disproportionate to the Prohibited Conduct for which the respondent was found in violation. Appeals will be reviewed by the Vice President for Student Affairs (VPSA) or designee. For Student Conduct Cases: At the conclusion of a Student Conduct hearing, the respondent (and reporter in cases of Personal Abuse) are notified of the decision and/or any sanctions (when applicable) issued and are afforded the opportunity to appeal. Grounds for Appeal. • Process Review. To determine whether the investigation process was conducted in accordance with published procedures and without bias on the part of the investigator(s). Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results. • Information Review. To determine whether there was information presented in the investigation that, if believed by the board or administrator, was sufficient to establish that a violation of the policy occurred. • Sanction Review. To determine whether any sanctions imposed were appropriate for the violation of the policy which the student was found to have committed. • New Information. To consider new information, submitted by the appealing student within the prescribed five business day period, sufficient to alter a decision or other relevant facts not brought out in the original investigation, because such information was not known to the student appealing at the time of the original investigation. For cases resulting in sanctions lower than suspension or expulsion, the appeal will be reviewed by the Director of Student Conduct & Off-Campus Services or designee. Cases resulting in suspension or expulsion will be reviewed by the Vice President for Student Affairs or their designee. Applicable to Appeals through both Title IX & Sexual Misconduct and Student Conduct Processes: All appeals under both the Sexual Harassment, Misconduct, & Discrimination Policy and Student Conduct Code, must be submitted in writing within five (5) business days of receiving a written decision and include any supporting documentation that the student wishes to be considered. Deference is given to the original hearing administrator's findings of fact and decision regarding responsibility and/or any sanctions; therefore, the burden of proof is on the student

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