TCNJ

19 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2022 Notification of Disposition and Appeal Procedures in a Student Disciplinary Proceeding For Title IX & Sexual Misconduct Cases: 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 the Formal Grievance Process. e respondent and the reporter will simultaneously receive written notification of any dismissal and outcome, along with information regarding how to appeal the dismissal and/or decision rendered. Grounds for Appeal. e dismissal of a Formal Complaint or the determination of responsibility (hearing decision) may be appealed on the following grounds as applicable: • Process Review. Procedural irregularity that materially affected the outcome of the matter; • New Information. New evidence that was not reasonably available at the time the dismissal or determination regarding responsibility was made, that could materially affect the outcome of the matter; Conflict of Interest or Bias. e Title IX Coordinator, investigator(s), hearing administrator, and/or other associated decision-maker(s) (as applicable) had a conflict of interest or bias for or against reporters or respondents generally or the individual reporter or respondent that materially affected the outcome of the matter; and/or • Information Review. To determine whether there was information presented in the Formal Complaint, investigation process, and/ or formal administrative hearing (as applicable) that, if believed by the administrator, was sufficient to warrant the continuation of a college resolution process or establish that a violation(s) of the Policy occurred. Either party may also appeal the assigned sanction(s) on the following ground: • Sanction Review. e sanction(s) designated by the formal hearing administrator was clearly inappropriate and/or disproportionate to the Prohibited Conduct for which the respondent was found in violation. Appeals will be reviewed by the Vice President for Student Affairs (VPSA) or designee. For Student Conduct Cases: At the conclusion of a Student Conduct hearing, the respondent (and reporter in cases of Personal Abuse) are notified of the decision and/or any sanctions (when applicable) issued and are afforded the opportunity to appeal. Grounds for Appeal. • Process Review. To determine whether the investigation process was conducted in accordance with published procedures and without bias on the part of the investigator(s). Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results. • Information Review. To determine whether there was information presented in the investigation that, if believed by the board or administrator, was sufficient to establish that a violation of the policy occurred. • Sanction Review. To determine whether any sanctions imposed were appropriate for the violation of the policy which the student was found to have committed. • New Information. To consider new information, submitted by the appealing student within the prescribed five business day period, sufficient to alter a decision or other relevant facts not brought out in the original investigation, because such information was not known to the student appealing at the time of the original investigation. For cases resulting in sanctions lower than suspension or expulsion, the appeal will be reviewed by the Director of Student Conduct & Off-Campus Services or designee. Cases resulting in suspension or expulsion will be reviewed by the Vice President for Student Affairs or their designee. Applicable to Appeals through both Title IX & Sexual Misconduct and Student Conduct Processes: All appeals under both the Sexual Harassment, Misconduct, & Discrimination Policy and Student Conduct Code, must be submitted in writing within five (5) business days of receiving a written decision and include any supporting documentation that the student wishes to be considered. Deference is given to the original hearing administrator's findings of fact and decision regarding responsibility and/or any sanctions; therefore, the burden of proof is on the student filing an appeal to sufficiently demonstrate cause to alter procedures, the original decision(s), or any sanctions. An appeal will generally be limited to a review of the investigation report and supporting documents, provided however, that the appeal officer may request additional information or clarification from the respondent, reporting party, witnesses, investigator(s), and/or other administrators for purposes of this review. Both the reporter and respondent receive simultaneous written notification regarding the outcome of submitted appeal(s), and the outcome is considered final. Possible Sanctions in a Student Disciplinary Proceeding e College of New Jersey has minimum sanctions for specific forms of Prohibited Conduct outlined within the Sexual Harassment, Misconduct, & Discrimination Policy. Students found in-violation of the following forms of Prohibited Conduct (that would also constitute VAWA offenses) will receive sanctions based on the following ranges: Sanctions outlined below can be applied to all other forms of Prohibitive Conduct outlined within the Sexual Harassment, Misconduct, & Discrimination Policy or the Student Conduct Code. e following sanctions, alone or in any combination, may be imposed upon any student found to have violated the Sexual Harassment, Misconduct, & Discrimination Policy and/or the Student Conduct Code: 1. Status Outcomes. • Warning. A notice in writing to the student that the student is violating or has violated institutional regulations and that further violations may result in more severe disciplinary action. • Probation. is status serves as a disciplinary status assigned to a student for a specified period of time. While on this status, any further violations of college Policy will result in more severe disciplinary action and may result in additional administrative directive outcomes and/or suspension. is status constitutes a disciplinary record that will remain on file with the Office of Student Conduct & Off-Campus Services for five years and the Office of Title IX & Sexual Misconduct for seven years after a student separates from the college.

• Cover