TCNJ

14 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2021 Employee Disciplinary Proceedings Sexual harassment (which includes, but is not limited to, dating violence, domestic violence, sexual assault, and stalking) by employees at e College of New Jersey is prohibited under the Policy Prohibiting Discrimination in the Workplace/Educational Environment, as well as the Sexual Harassment, Misconduct, & Discrimination 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/ Procedurefor-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 Vice President 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 through the Sexual Harassment, Misconduct, & Discrimination 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 or proceeding with college staff. 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 supportive 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 Vice President for Inclusive Excellence will be made on the basis of whether it is more likely than not that the respondent violated the Sexual Harassment, Misconduct, & Discrimination 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 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. Human Resources 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. Upon receipt of a report of Prohibited Conduct, the Title IX Coordinator will conduct a preliminary inquiry of the facts to determine whether the college must take any other action, beyond providing outreach and supportive measures, in response to the reported conduct, including whether the Title IX Coordinator must initiate a Formal Complaint and investigation. e Title IX Coordinator will first determine whether the reported conduct falls within the scope and jurisdiction of the Sexual Harassment, Misconduct, & Discrimination Policy, and more specifically, within the jurisdiction of the Title IX Final Rule. Where the facts set forth in the report are made against a non- student employee, the Title IX Coordinator will assess whether the allegations fall within the jurisdiction of the Title IX Final Rule. Where the allegations do fall within the jurisdiction of the Title IX Final Rule and a Formal Complaint is filed, the college will follow the procedures outlined with the Sexual Harassment, Misconduct, & Discrimination Policy. Where the allegations do not fall within the jurisdiction of the Title IX Final Rule, the college will dismiss the allegations in the Formal Complaint related to sexual harassment as defined in the Title IX Final Rule. If there are multiple allegations, the college will evaluate each violation individually to determine whether the procedures in the Sexual Harassment, Misconduct, & Discrimination Policy are followed or the allegation(s) are dismissed. Any dismissal shall be for purposes of Title IX only and would not preclude the college from addressing the allegations of Prohibited Conduct under the College Discrimination Policy. Resolution Processes. 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 Sexual Harassment, Misconduct, & Discrimination Policy, including but not limited to, sexual assault, sexual harassment, interpersonal violence, and stalking, two different procedural processes are outlined: e Formal Grievance Process and the Alternative Resolution Process. In order for the Alternative 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), Formal Grievance Process (with respect to violations of the Sexual Harassment, Misconduct, & Discrimination Policy by students or employees), or disciplinary process (with respect to violations of college policy by employees).

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