TCNJ

5 and adheres to restrictions imposed by law and the College's standards of conduct. TCNJ prohibits the possession, use, and/or distribution of illegal drugs on the College's property or as part of any of its activities. For a detailed summary of laws and College regulations, please visit http://sa.pages.tcnj.edu/policies/ and http://adep.tcnj.edu/annual- notification and the Student Conduct Codes at http://tcnj.edu/ conduct. Other resources include: n Counseling and Psychological Services (CAPS) located in Eickhoff Hall, Room 107 or on the web. http://caps.tcnj.edu n TCNJ Clinic located in Forcina Hall, Room 124 or on the web. http://clinic.tcnj.edu Dating Violence, Domestic Violence, Sexual Assault, and Stalking Prevention Guided by the mission of Student Affairs, the Office of Anti-Violence Initiatives leads the campus effort to address issues of sexual assault, domestic/dating violence, and stalking by working with community partners to create a campus environment that is intolerant of abuse and is responsive to needs of victims/survivors. Our objective is to establish a campus culture of safety, free from sexual violence, resulting in a safer living and learning environment. Anti- Violence Initiatives provides bystander intervention and other prevention programs for members of the TCNJ community such as programs during orientation, programs for first year residence halls, student organizations and athletic teams, awareness months, and campaigns. Acts of sexual violence are prohibited by the Title IX Policy, Student Conduct Code, and New Jersey state law. Proceedings under the Student Conduct Code or Title IX Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Director of Student Conduct and/or Title IX Coordinator. Prior determinations made or sanctions imposed under these procedural standards will not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules are later dismissed, reduced, or resolved in favor of or against the criminal law defendant. Acts of power-based personal violence are prohibited by the Student Conduct Code, Title IX Policy, and New Jersey state law. In the applicable jurisdiction, these offenses are defined as: n Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: length of the relationship, type of relationship, and frequency of interaction between the person involved in the relationship. n Domestic violence: a "victim of domestic violence" includes any person, regardless of age, who has been subjected to violence by a person with whom the victim has a child, or with whom the victim anticipates having a child, if one of the parties is pregnant, and any other person who is a present or former household member. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship. n Sexual Assault: any form of unwanted or involuntary touching or penetration of intimate body parts by a person of the same or opposite sex. is can include being forced to touch someone else. "Unwanted or involuntary"means sexual contact without the consent of the victim, including the use of threats, intimidation, coercion, or physical force. It also includes victims who are unable to give consent because of their age or because they are physically helpless, mentally incapacitated or intoxicated. "Effective Consent" is informed, freely and actively given mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. A person may be unable to give Effective Consent when they are unable to consent due to their age, or because the person is physically helpless, mentally incapacitated, or incapacitated from alcohol or other drugs. n Effective Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. n Effective Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. n Effective Consent may be initially given but withdrawn at any time. n Effective Consent cannot be given when it is the result of coercion, intimidation, force, or threat of harm. n When Effective Consent is withdrawn or can no longer be given, sexual activity must stop immediately. n "Incapacitated" is being in a state where a person lacks the capacity to understand the fact that the situation is sexual, or cannot understand (rationally and reasonably) the nature and/or extent of the situation. A person who knows or should reasonably know that another person is incapacitated may not engage in sexual activity with that person. Persons who meet any of the following criteria or conditions are incapacitated: (i) sleeping, (ii) passed out, (iii) under the age of consent or under a certain age in relation to the other party to the sexual activity (both of which are matters of state law) or (iv) due to a disability, do not have the mental capacity to consent. A person who does not meet any of those criteria or conditions for incapacity may become incapacitated through the use of

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