TCNJ

17 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2021 An emergency removal under 106.44(c) of the Title IX Final Rule (which the college also follows in cases of non-Title IX Prohibited Conduct) is not a substitute for reaching a determination as to a respondent's responsibility for the alleged Prohibited Conduct; rather it is for the purpose of addressing imminent threats posed to any person's physical health or safety arising out of the Prohibited Conduct allegations. erefore, no permanent change in student status or disciplinary sanctions will be applied to the respondent without first completing a Formal Grievance process. However, the college reserves the right to implement supportive measures in conjunction with the emergency removal, such as a relocation or removal from housing, academic space, or college property on a temporary basis, as long as it does not punish, discipline, or unreasonably burden the respondent. If the respondent is neither an employee nor a student, the Office of Title IX & Sexual Misconduct or 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. Formal Complaints. For the college to proceed with a resolution option, a Formal Complaint must first be signed. A Formal Complaint is a document (or electronic submission, such as by electronic mail or through an online portal provided for this purpose by the college) filed by a reporter (containing their physical or digital signature, or otherwise indicates that the reporter is the person filing the Formal Complaint) or signed by the Title IX Coordinator alleging Prohibited Conduct against a respondent and requesting that the college utilize a college resolution process to adjudicate or resolve the allegation of Prohibited Conduct. A Formal Complaint may be filed by a reporter during the initial intake process when meeting with the Title IX Coordinator, or at another time thereafter either in person or electronically. Once a Formal Complaint is received, notice of allegations will be sent to both parties simultaneously. Dismissal of a Formal Complaint. At any time during the handling of a Formal Complaint, the Title IX Coordinator may dismiss the complaint, in whole or in part, for the purposes of Title IX or at their discretion. Upon receipt of a Formal Complaint, the information gathered will be continuously assessed to determine whether a mandatory or discretionary dismissal is warranted. Mandatory Dismissals. e Title IX Coordinator will determine whether the conduct alleged in the complaint falls within the scope of the Sexual Harassment, Misconduct, & Discrimination Policy and the associated definitions of Prohibited Conduct. e Title IX Final Rule requires the Title IX Coordinator to dismiss some or all of the allegations in the Formal Complaint if the conduct alleged in the Formal Complaint: 1. Would not constitute Sexual Harassment as defined in Section II, B.: Prohibited Conduct of the Policy. 2. Did not occur in the college's education Program or activity. 3. Did not occur against a person in the United States. 4. If at the time of filing a Formal Complaint, a reporter is not participating in or attempting to participate in the education program or activity of the college with which the Formal Complaint is filed. If any of the above criteria are met, the college must dismiss the Formal Complaint with regard to that conduct for purposes of sexual harassment under Title IX. However, where the allegations in the Formal Complaint include other forms of Prohibited Conduct within the Sexual Harassment, Misconduct, & Discrimination Policy, the conduct occurs outside of the United States, or the conduct is not within the college's education program or activity (but still within the scope of conduct regulated by the college), these procedures will still apply and the remaining allegations may proceed through a college resolution process set forth below. Discretionary Dismissals. e Title IX Final Rule grants the Title IX Coordinator discretion to dismiss a Formal Complaint brought under the Sexual Harassment, Misconduct, & Discrimination Policy, or any specific allegations therein, at any time during the investigation or hearing, if: 1. A reporter notifies the Title IX Coordinator in writing that the reporter would like to withdraw the Formal Complaint or any allegations therein. 2. e respondent is no longer enrolled or employed by the college. 3. Specific circumstances prevent the college from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations therein. Upon a dismissal, whether mandatory or discretionary, the college will promptly send written notice of the dismissal and rationale for the decision simultaneously to both the reporter and the respondent via email. If a Formal Complaint is dismissed for one of the above reasons, each party (referring to the reporter and respondent) may appeal that dismissal using the process described in Section III, F.: Appeals of the Sexual Harassment, Misconduct, & Discrimination Policy. Supportive measures may still be implemented for parties, as appropriate, even if a Formal Complaint has been dismissed. College Resolution Options. 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 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 college retains the right at any time to select the Formal Grievance Process as the most appropriate resolution option. Formal Grievance Process. Should the reporter sign a Formal Complaint and request to proceed with the Formal Grievance process, the Title IX Coordinator (or designee) will notify the respondent of the allegations against them in writing. e Title IX Coordinator will then assign one or more trained investigator(s) to the case who will follow the proper investigative protocols/procedures. e designated investigator(s) will coordinate meetings with the reporter, respondent, and any other relevant individuals, including fact and expert witnesses, in a reasonably prompt timeframe. Both parties will be interviewed and asked to share any information they have regarding the incident, as well as all relevant documentation (i.e., text messages, emails, photographs, other documents, etc.), and identify any witnesses who may provide information pertinent to the allegations in the Formal Complaint. Investigator(s) will also interview relevant witnesses identified by the parties and/or the college. Following the interview(s) with each party and any identified witness(es), each will be provided a draft summary of their own statement or key relevant information therefrom so that they have the opportunity to comment on the summary and ensure its accuracy and completeness.

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