TCNJ

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

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