TCNJ

15 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2022 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. 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:

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