TCNJ

The College’s Annual Security and Fire Safety Report 2022

Issue link: http://tcnj.uberflip.com/i/1480621

Contents of this Issue

Navigation

Page 12 of 34

13 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2022 e Office of CPS will assist the victim in obtaining a temporary restraining order from Mercer County Superior Court, Family Division, or during non-business hours, the victim will have the chance to speak to a municipal court judge. In addition, the Office of Student Conduct & Off-Campus Services or the Office of Title IX & Sexual Misconduct can issue no contact directives between parties. 1 Persons impacted by violence, directly or indirectly, can meet with Counseling and Prevention Services staff to obtain confidential counseling, to get advocacy services, and to review available resources on and off campus (see Confidential Resources section). e college provides written notification to students and employees about their rights, reporting options, such as how to file a Formal Complaint with the Office of CPS, and information on how to receive assistance for supportive measures, counseling, health, and mental health services, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community. College Disciplinary Procedures e College of New Jersey, as an institution of higher education and a community dedicated to learning and the advancement of knowledge, expects and requires the behavior of community members to be compatible with its high standards of scholarship and conduct. Members of the college community are encouraged to participate in all aspects of campus life. For the college, this means a firm institutional commitment to protect the community and the rights of its members, and to cultivate and sustain a positive living and learning environment. us, sexual violence will not be tolerated. e U.S. Department of Education and its Office for Civil Rights emphasize the importance of providing all community members with an educational environment free from discrimination. Harassment, or any form of sexual violence, interferes with a person's right to work or receive an education free from discrimination and, in some cases, may be a crime. Title IX and its regulations, prohibit discrimination on the basis of sex and/or gender in education programs or activities operated by recipients of federal financial assistance. To address complaints of sexual violence, the college administers prompt, fair, and impartial disciplinary procedures from the initial investigation to the final disposition. Investigations and related proceedings are conducted by trained investigators who undergo annual comprehensive training on issues related to dating violence, domestic violence, sexual assault, and stalking. In efforts to protect the safety of victims and promote accountability for behavior, designees receive at minimum, ongoing annual training on topics including, but not limited to, the college's policies/procedures related to Title IX and the Student Code of Conduct (including review of Prohibited Conduct and Violations of Expectations for Student Conduct), how to conduct thorough and impartial investigations, trauma informed practices, rationale writing, how to serve as a formal hearing administrator for Title IX & Sexual Misconduct and Student Conduct cases. 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. Sexual Harassment, Misconduct, & Discrimination Policy (Title IX) Upon receipt of a report of Prohibited Conduct (including, but is not limited to, quid pro quo, sexual harassment, dating violence, domestic violence, sexual assault, and stalking), 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 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 (applicable to employee cases when allegations fall under Title IX jurisdiction). 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

Articles in this issue

view archives of TCNJ - The College’s Annual Security and Fire Safety Report 2022