TCNJ

15 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2021 Resolution Process to be used in lieu of a Formal Grievance Process, there must be consensus of both the reporter and the respondent, and approval from the college. e Alternative Resolution Process would not be available to use in cases involving a student reporter and employee respondent. e college retains the right at any time to select the Formal Grievance Process as the most appropriate resolution option. For more information about each of these resolution processes, see Student Disciplinary Proceedings: Title IX & Sexual Misconduct Cases section below as the procedures apply equally to student and employee cases. Sanctions. Any employee found in violation of Title IX Sexual Harassment under the Sexual Harassment, Misconduct, & Discrimination Policy may be subject to appropriate administrative and/or disciplinary action which may include, but which shall not be limited to: Referral for training; Referral for counseling; Formal written reprimand; Suspension; Reassignment; Demotion; Loss of privileges for supervising students; Loss of privileges for travel; De-tenuring; or Termination of employment. Referral to another appropriate authority for review for possible violation of state and/or federal statutes may also be appropriate. Appeals. 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 a Formal Grievance Process. Whenever a decision has been rendered — whether it be to dismiss the Formal Complaint in part or in full, or the outcome of a formal administrative hearing — both the reporter and the respondent will be sent notifications simultaneously in writing of the decision (which includes language on how to submit an appeal), including the result of an appeal that arises from the allegation(s) outlined in the Formal Complaint. In the event that either or both parties submit an appeal, the Title IX Coordinator will notify the parties that an appeal was received and forward the appeal and any supporting documentation to the non-appealing party for reference and the applicable Appeal Officer. Appeals on the dismissal of a Formal Complaint will be reviewed by a Human Resources representative and appeals relating to decisions and sanction(s) rendered following a formal administrative hearing will be reviewed by the Vice President for Inclusive Excellence, or designee. See Notification of Disposition and Appeal Procedures in a Student Disciplinary Proceeding section for information regarding available grounds for appeal as the options for students are the same as those for employees for Title IX & Sexual Misconduct cases. Student Disciplinary Proceedings: Non-Title IX & Sexual Misconduct Cases While the Sexual Harassment, Misconduct, & Discrimination Policy covers incidents related to sex and gender, there are still instances of domestic violence and stalking which may fall outside the scope of Title IX & Sexual Misconduct and therefore are addressed by the Office of Student Conduct & Off-Campus Services. ese cases still have the same procedural standards as the Title IX & Sexual Misconduct 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. Option 1: Informal Hearing. In non-personal abuse and non-Title IX & Sexual Misconduct- 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 & Sexual Misconduct 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 whether a violation of the Student Conduct Code has occurred. 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. 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. 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. Option 2: Formal Hearing. 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 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. 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.

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