TCNJ

domestic violence, sexual assault and stalking. Designees receive ongoing (minimally annual) training on investigations including trauma informed practices, that protect the safety of victims and promotes accountability for behavior. Employee Disciplinary Proceedings Sexual harassment by employees at e College of New Jersey is prohibited under the Policy Prohibiting Discrimination in the Workplace/ Educational Environment (http://ogc. pages.tcnj. edu/reporting) as well as the Title IX Policy (https://titleix.tcnj. edu). Procedures for Internal Complaints Alleging Discrimination in the Workplace/ Educational Environment may be found at (http://affirm.pages.tcnj. edu/complaint). When a complaint of alleged discrimination is received, the EEO/AA Officer, Title IX Coordinator, or authorized designee will conduct an 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 report is submitted to the President of the College who will issue a final determination. An investigation and/or disposition will be completed within 120- 180 days of the date the complaint is filed. While an investigation is underway, appropriate and relevant interim protective measures may be put in place including, but not limited to position re-assignment, counseling through the Employee Assistance Program (EAP), or suspension. Any determination by the investigator and the President will be made on the basis of whether it is more likely than not that the respondent violated the Title IX Policy and/or Policy Prohibiting Discrimination in the Workplace/Educational Environment . Both the reporter and respondent are entitled equitable participation in the investigation and decision process. e process for appealing a determination through this process is determined by the relevant collective bargaining unit in which the respondent holds membership. Both the reporter and the respondent will be sent notifications simultaneously in writing of the result of any institutional disciplinary proceeding (including appeal) that arises from an allegation of discrimination including dating violence, domestic violence, sexual assault, or stalking. Sanctions for a determination that discrimination took place may include assignment of any of the following sanctions alone or in any combination: warning/ reprimand, position re-assignment, training, counseling, demotion, suspension, or removal from employment. Student Disciplinary Proceedings (Non- Title IX Cases) e Student Conduct Code (http://conduct.tcnj.edu/student- conduct-code/) prohibits certain behavior on campus. 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. In non- personal abuse and non-title IX 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 related) the College will determine whether an informal or formal hearing process is appropriate for addressing the charges and will consider the expressed preferences of both the reporting and responding parties, 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 any information with the informal hearing administrator in separate meetings before a final determination on responsibility is made. If the College elects a formal hearing (via a board or single hearing administrator), the reporter will be invited to attend the formal hearing, provide information, and pose questions of any presenting parties to the same extent as the respondent. A reporter is not mandated to participate in any student conduct proceeding(s), however his or her absence may limit the hearing body's ability to evaluate all relevant information to the fullest extent possible. 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 and who has not previously served as an investigator or administrator in the process for the parties involved. e hearing administrator will individually interview any parties providing information and may temporarily adjourn the informal hearing if he or she determines that further review or clarification is necessary. is includes but is not limited to interviewing the reporter and/or other relevant witnesses. 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 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 any parties 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 faculty, staff and/or students and is advised by the 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 parties and render a decision and sanctions if appropriate. 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 accused student is responsible for any charges. e hearing body's determination will be made on the basis of whether it is more likely than not that the accused student violated the Student Conduct Code. Both the reporter 9

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