TCNJ

14 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2022 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. Policy Prohibiting Discrimination in the Workplace/ Educational Environment (Title VII & EEO) As previously mentioned, allegations of discrimination on the basis of sex, including sexual harassment, may also be addressed under the Policy Prohibiting Discrimination in the Workplace/Educational Environment. 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/ Procedure for-Internal-Complaints.pdf. Resolution Processes. When a complaint of alleged discrimination is filed the EEO/AA Officer or authorized designee (and in consultation with the Title IX Coordinator, as applicable) 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 completed report is submitted to the President, or their designee, who will issue a final determination made on the basis of whether it is more likely than not that the respondent violated the Policy Prohibiting Discrimination in the Workplace/Educational Environment. e college will make every attempt to complete an investigation and/or disposition within 120–180 days of the date the complaint is filed. Appeals. At the conclusion of any Institutional Disciplinary Proceeding, the reporter and the respondent will be sent notifications simultaneously in writing of the result (which includes language on how to submit an appeal). e reporter or respondent will have 20 days to submit an appeal to the New Jersey Civil Service Commission. Applicable to Both Aforementioned Policies Sanctions. If the respondent is an employee of the college, and is found in violation of the Sexual Harassment, Misconduct, & Discrimination Policy and/or the Policy Prohibiting Discrimination in the Workplace/Educational Environment, the matter will be referred to the Office of Human Resources for 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, the employee's disciplinary history, and other factors as appropriate. 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. 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. For violations of the Policy Prohibiting Discrimination in the Workplace/ Educational Environment, 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. Human Resources works closely with Academic Affairs to ensure that the college's response to the behavior is addressed through appropriate disciplinary action. Advisors. Employee reporters and respondents going through a disciplinary process under either of the aforementioned policies are entitled to equitable participation in the investigation and decision process and 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, with the exception of conducting cross-examination on behalf of a party during a live Title IX/Sexual Misconduct hearing. e Title IX Coordinator, EEO/AA Officer, or investigator(s) may also have an advisor present at their discretion. Interim/Supportive Measures. Additionally, while an investigation is underway, appropriate and relevant interim and/or supportive measures may be put in place, including, but not limited to, temporary position reassignment, counseling through the Employee Assistance Program, and administrative leave (paid or unpaid). e imposition of interim or supportive measures may be done in consultation with the Title IX Coordinator, EEO/AA Officer, and Human Resources, as appropriate. For cases that fall under the Sexual Harassment, Misconduct, & Discrimination Policy, supportive measures will be made available to reporters and respondents, as appropriate and reasonably available, regardless of whether a Formal Complaint is signed. For more information regarding each of these employee-related policies, please see policies.tcnj.edu. 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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