TCNJ

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 reassignment, training, counseling, demotion, suspension, or removal from employment. Student Disciplinary Proceedings Non-Title IX Cases e Student Conduct Code prohibits certain behavior by our students: conduct.tcnj.edu/student-conduct-code. 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 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 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 individuals involved. e hearing administrator will individually interview the reporter/respondent 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, respondent 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 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 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 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. An investigation and/or disposition should generally be completed within 60 days of the date the report is filed. Refer to the Student Conduct Code for the most updated procedural standards. Student Disciplinary Proceedings Title IX Cases Any person may file a report regarding a possible Title IX incident at any time. e Title IX coordinator will receive the report and determine whether: (i) the allegations in the report, if true, would constitute a violation of this policy, (ii) there are sufficient facts to warrant an investigation, and (iii) the reporter will participate in the college investigation process. Based on the information received, the Title IX coordinator and college administrators may determine that interim action(s) may be necessary to stop or prevent any further harassment from occurring. Should the Title IX coordinator, in consultation with the assistant vice president for student affairs, determine that a threat to the health and/or safety of the campus community exists, an interim suspension may be applied for the respondent pending the outcome of a conduct proceeding. No permanent changes in student status will occur pending the outcome of the conduct proceeding, however; the respondent may be relocated or removed from housing or their academic space on a temporary basis. If the respondent is neither an employee nor a student, the Office of Student Conduct and Dispute Resolution Services and Campus Police may request that the respondent be banned from the TCNJ campus community. For all investigations there will be one or more trained investigators present. e Title IX coordinator or designee will be the lead investigator and coordinate meetings with the reporter and the respondent. Both parties will be interviewed and asked to share 9

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