Issue link: http://tcnj.uberflip.com/i/1415684
16 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2021 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 in violation 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. Option 3: Alternative Resolution. e college recognizes that there is not one universal resolution process that best meets the needs of our students and the Campus Community. To adequately address reports of behavior that may be in Violation of Expectations for Student Conduct that may result in charges under 03. Personal Abuse an alternative process may be utilized. Alternative Resolution is a voluntary process within the college's Student Conduct Code that allows a respondent in a student conduct matter to accept responsibility for the behavior they engaged in that may have caused harm to the reporter. e Alternative Resolution Process is designed to eliminate the conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the reporter while still maintaining the safety of the overall Campus Community. e Alternative Resolution Process will only be used at the request and agreement of both the reporter and respondent; and under the direction of the Office of Student Conduct & Off-Campus Services. In order for the alternative resolution process to be appropriate, both parties must have an understanding and agree on the necessary elements of the process. Both the reporter and respondent will have to agree to the following terms should they wish to participate in the Alternative Resolution Process: 1. Participation in this process is voluntary and either the reporter or respondent can choose to end the process at any time prior to signing the agreement. 2. Both the reporter and respondent must participate in individual intake meetings with appropriate staff to learn more about the resolution process prior to participating. 3. e process can only be used once and will not be considered if requested by a repeat respondent under the Student Conduct Code and/or the Sexual Harassment, Misconduct, & Discrimination Policy. 4. e reporter and respondent must agree to all recommendations outlined in the formal agreement or the case reverts back to an investigation. 5. Information documented during this process can be subpoenaed if a criminal investigation is initiated. 6. Participation in this process does not constitute a finding of "In- Violation" for a Violation of Expectations for Student Conduct charge, and is therefore not reflected on the respondent's disciplinary record. 7. If the respondent is documented and found "In-violation" for any Violations of Expectations for Student Conduct this agreement can be used in the sanctioning phase of that process. 8. e respondent may be charged with 05. Compliance with Directives under the Student Conduct Code for failure to meet all requirements outlined in the agreement. Possible options that students may utilize in this process are outlined below: 1. Restorative Circle. 2. Impact Statement. 3. Counseling Sessions. 4. Alcohol/Drug Education Class(es). 5. Bi-weekly or monthly check in meetings with the Director of Student Conduct & Off-Campus Services. 6. Implementation of a No Contact Directive with the college. 7. Restriction from participation in specific clubs and/or organizations. 8. Restriction from participation in particular events (e.g., Senior Week). 9. Completion of a mentored action plan with regular meetings with an assigned staff member of the college. 10. Community Service. e college reserves the right to suspend or terminate the alternative resolution process at any time. Any agreements reached as part of the Alternative Resolution Process must be documented, signed in-person or via email by the reporter and respondent, and approved by the Director of Student Conduct & Off-Campus Services. If no agreement is reached then the matter may be referred to the Director of Student Conduct & Off-Campus Services for further action. Both the reporter/harmed parties and respondent may be accompanied by an advisor at any meeting with student conduct staff during the Alternative Resolution Process. Student Disciplinary Proceedings: Title IX & Sexual Misconduct Cases Any person may file a report regarding Prohibited Conduct at any time. After receiving a report of possible Prohibited Conduct committed by a student or employee, the Title IX Coordinator or other delegated Official with Authority will determine whether the allegations in the report, if true, would constitute a violation of the Sexual Harassment, Misconduct, & Discrimination Policy; and if so, will promptly contact the reporter, if one is identified or identifiable, to (1) discuss the availability of supportive measures; (2) ask about the reporter's wishes with respect to supportive measures; (3) explain that supportive measures are available with or without the filing of a Formal Complaint; (4) explain how to file a Formal Complaint; and (5) available resolution options through the college and criminal process. Based on the information received, the Title IX Coordinator and/ or other appropriate college administrators may undertake an individualized safety and risk analysis to determine whether interim action(s) are necessary to stop or prevent any further harassment from occurring. Should it be determined that an immediate threat to the health and/or safety of the Campus Community exists, the respondent may be removed from campus on an emergency basis.