TCNJ

information they have regarding the incident, as well as all relevant documentation (i.e., text messages, emails, photos, etc.), and identify witnesses who may provide direct information regarding the allegation. e investigator(s) will gather all information and create a statement summary that will be provided to each person providing information for acknowledgement. At that time the reporter or the respondent can make additions to or note any concerns or clarifications to their statement summary. e Title IX coordinator or designee will then add the document to the Title IX Investigation Report. Investigator(s) will strive to gather all information within 35-40 calendar days. (Please refer to the section on time frames for information about delays.). An advisor of the reporter or respondent's choice may be present during the initial meeting, investigation, and any additional meetings with college staff in relation to a Title IX incident but advisors may not represent the party or actively participate in the meeting. e Title IX coordinator or designee or investigator(s) may also have an advisor present at his or her discretion. After gathering all information the lead investigator will make a determination of responsibility based on a "preponderance of the evidence" standard to determine whether a violation of the policy occurred. Preponderance of the evidence means that the investigator(s) must be convinced based on the information considered that the respondent was more likely than not to have engaged in the conduct at issue in order to find the respondent responsible for violating this policy. Once the investigator(s) have made a determination regarding responsibility, the full investigation report, including this finding, will be reviewed by the assistant vice president of student affairs/ dean of students or designee to ensure that procedural protocol was followed. e assistant vice president of student affairs/dean of students or designee will either confirm that protocol was followed and the incident was fully investigated, or will ask the investigator(s) to further examine section(s) of the investigation report or seek additional information. e assistant vice president of student affairs/dean of students will make that determination within 10 calendar days of receiving the investigation report. Refer to the Title IX Policy at: titleix.tcnj.edu for additional information about resolution methods. Notification of Disposition and Appeal Procedures in a Student Disciplinary Proceeding 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 dating violence, domestic violence, sexual assault, or stalking. If at the conclusion of a Title IX investigation there is a finding of responsibility, both the respondent and the student reporter are afforded the opportunity to appeal decisions and/or any sanctions issued within five business days of the date of the written decision. Appeals will be reviewed by the vice president of student affairs or designee. All appeals must be in writing and include any supporting documentation that the student wishes to be considered. Deference is given to the original investigator's findings of fact and decision of 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, or any sanctions. An appeal will generally be limited to a review of the investigation report and supporting documents for one or more of the purposes below, provided however, that the administrator may request additional information or clarification from the respondent, reporting party, witnesses, investigator(s), and/or other administrators for purposes of this review. Possible Sanctions in a Student Disciplinary Proceeding A student found responsible for sexual penetration that occurs without the effective consent of the victim, or that occurs when the victim is unable to give consent, will be issued sanctions ranging from suspension to expulsion. Students found responsible for any intentional, nonconsensual sexual contact with an intimate body part of another; or forcing another to have sexual contact with an intimate body part of oneself or another, with any object or body part; or any disrobing of another without effective consent will be issued sanctions ranging from pending termination of housing and pending suspension status to expulsion. A student found responsible for dating or domestic violence will be issued sanctions ranging from being moved to a different housing location with pending termination of housing status to expulsion. e following sanctions, alone or in any combination, may be imposed upon any student found to have violated the Student Conduct Code or Title IX Policy: 1. Status Outcomes. n 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. n Pending termination of housing. is status serves as a housing probationary status assigned to a student for a specified period of time before his or her housing privileges are terminated. While on this status, any further violations of college policy may result in termination of housing. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct for five years after a student separates from the college. n Termination of housing. Removal or prohibition of a student from college housing after a specific date and for a specified period of time. rough the duration of the termination, the student will be restricted from entering all residential floors in college buildings. Students removed from college housing for disciplinary reasons will receive the refund available based on the time of the semester according to the Department of Residential Education and Housing policies and the housing contract. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct for five years after a student separates from the college. 10

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