Human Rights Policy

Human Rights Policy

Discrimination and harassment are prohibited under state and federal law, as well as under Drew University’s Human Rights Policy. The Policy embodies Drew’s commitment to creating and maintaining a diverse and open educational community. It is intended to educate the community about discrimination, including sexual harassment, and to support and protect any member of the community who uses the policy responsibly to pursue a complaint. Drew will investigate, adjudicate, and remedy reports of violations of the Policy.

The Policy and its procedures, as amended, will be implemented during the 2012-2013 academic year and comments, questions, and feedback are welcomed. All members of the University community are required to familiarize themselves with the content of the Policy as well as with the procedures. Ongoing training and awareness programs, including mandatory on-line education and testing and in-person sessions, will be scheduled.

Drew University is committed to maintaining and supporting diversity throughout the Drew community.  Discrimination or harassment in education or employment on the basis of protected class status constitutes a violation of this policy.  Protected class status is based on race, creed (religion), color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, sex, gender identity or expression, disability, familial status, military service obligation, or nationality.  Offensive or unwelcome conduct or repeated differential treatment, as defined in this policy, based upon any of these protected characteristics, is prohibited.

Under this policy, each member of the University community is expressly prohibited from verbal, physical, written, or other technology-based conduct that creates an intimidating, hostile, or offensive working or learning environment.

Purpose

The purpose of the Drew University Human Rights Policy is to provide all members of the University community equal educational and employment opportunity, access, and benefits in an environment free from harassment, assault, intimidation, and discrimination of all kinds.  The policy seeks to protect the atmosphere of trust and collegiality in the University community and to educate the community.  Under this policy, the University will initiate a prompt, thorough, and impartial investigation of any report of discrimination or harassment and will provide effective and reliable processes and procedures for seeking remedies, while affording those accused of violations a fair opportunity to be heard.

Scope of the Policy

The Drew University Human Rights Policy applies to all members of the Drew community.  Discrimination or harassment, involving members of the campus community, even if it occurs off campus, can create a hostile environment and is prohibited under this policy.

Visitors and guests who violate this Policy may, at the University’s discretion, be required to leave University property and may be banned from the campus and/or from participating in future activities.  Hosts of visitors and guests who violate the Policy may be held responsible for the actions of their visitors or guests.

Definitions

1. Discrimination

Discrimination is any distinction, preference, advantage for or detriment to an individual, when compared to others, that is based on any protected class status as defined under this Policy.  The discrimination must be  sufficiently severe, pervasive and objectively offensive to create an intimidating, hostile, or offensive working or educational environment, or otherwise unreasonably interfere with or limit a student’s or employee’s ability to participate in or benefit from the University’s educational programs, activities, or work.

2. Harassment

Discriminatory harassment is verbal or physical conduct that demeans or shows hostility, or aversion, toward an individual because of his/her protected class status.   Harassing conduct consists of a range of behaviors that a reasonable person would consider sufficiently severe or pervasive to create an intimidating, hostile, or objectively offensive working or educational environment.  It can include epithets, slurs, jokes, negative stereotyping or threatening, intimidating or hostile acts that relate to a person’s protected class status.   Harassment can be communicated through spoken words, physical actions, written or graphic material, or electronic or social media. Sexual harassment and misconduct are forms of discrimination and are expressly prohibited under this Policy.  Definitions and terms that relate specifically to sexual misconduct are discussed in more detail below.

3. Sexual Harassment and Misconduct

Sexual harassment or misconduct includes physical, verbal, written or on-line conduct of a sexual nature (via any electronic means) which is sufficiently severe or pervasive to create an intimidating, hostile, or offensive educational or employment environment. Unwelcome sexual advances, requests for sexual favors or sexual contact, sexual harassment, and other verbal, nonverbal, or physical conduct of a sexual nature are examples of sexual harassment or misconduct.

3(a) Quid-Pro-Quo Sexual Misconduct

One form of sexual misconduct arises from a person’s exploitation of his or her position, power, or authority.  Quid-pro-quo sexual harassment (Latin for “this for that”) is unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature.   Common to all such behaviors is that non-compliance is accompanied by an implied or explicit threat to an individual’s employment or academic status or access and/or compliance carries an implicit or explicit offer of advantage or preference.

3(b) Hostile Environment Harassment/Misconduct
Hostile environment harassment/misconduct is sufficiently severe, pervasive, and objectively offensive to unreasonably interfere with or limit another’s ability to participate in or benefit from the University’s education program or workplace. Most often such behaviors constitute sexual harassment when they are frequent and repeated or when they continue after someone has asked that they stop.  The more severe the conduct, the less need there is to show a repetitive series of incidents.

3(c) Verbal Sexual Harassment/Misconduct.

Verbal sexual misconduct consists of verbal comments, including humor or derogatory comments, directed at an individual or group, as well as comments made via phone, text message, e-mail, electronic posting, or other electronic media.   It includes behaviors such as stalking or cyber-stalking, and comments of a sexual nature about an individual’s body, sexuality, gender identity or expression, or affectional or sexual orientation that  continue after a request to stop, and/or are unwelcome, and which unreasonably interfere with a student’s (or employee’s) ability to benefit from or participate equally in the University’s programs (or work).

3(d) Physical Sexual Misconduct

Physical sexual misconduct includes sexual touching, violence, and other nonconsensual sexual activity.  Nonconsensual sexual contact can consist of the deliberate touching of a person’s intimate parts (genitalia, groin, breast, buttocks or clothing covering those areas), or using force to cause someone to touch another’s intimate parts.

3(e) Non-consensual Physical Contact

Non-consensual sexual intercourse includes any actual or attempted non-consensual sexual activity, such as attempted rape, fondling, kissing, groping, touching another person’s intimate parts or compelling a person to touch his or her own or another person’s intimate parts without effective consent.

3(f) Non-consensual Sexual Intercourse

Non-consensual sexual intercourse is sexual intercourse or penetration (anal, oral or vaginal), without effective consent, however slight, with any object.

3(g) Effective Consent

Effective consent is clear, informed, and freely given. It is communicated by mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity by persons of legal age. Consent as a result of coercion, intimidation, threat of force, or force is not effective consent. Consent may never be given by minors, mentally disabled persons, and those who are incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary) or those who are unconscious, unaware or otherwise physically helpless.  Consent to one form of sexual activity cannot imply consent to future sexual acts.  A previous relationship or consent, including a dating relationship or previous sexual involvement, does not imply consent to future sexual acts.

3(h) Incapacity (Alcohol, Drugs, etc.)

Incapacity means an individual is not capable of making a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction. Incapacity may also result from involuntary physical restraint as well as from voluntary or involuntary drug or alcohol use. Incapacity can arise from alcohol or drug use, or from ingestion of so-called date rape drugs, including Rohpynol, Ketomine, GHB, or Burundanga.   A person who has sexual activity with someone who is mentally or physically incapacitated as a result of alcohol or other drug use, unconscious or in a blackout state, is in violation of this policy.    Administering alcohol or a “date rape” drug to another person for the purpose of inducing incapacity is in violation of this policy. Use of alcohol or other drugs by the person complained against will not excuse behavior that violates this policy or diminish his/her responsibility.

3(i) Sexual Exploitation

Sexual exploitation occurs when an individual takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.  Examples of sexual exploitation include, but are not limited to:

  • prostituting another,
  • non-consensual or surreptitious video or audio-taping of sexual activity,
  • going beyond the boundaries of consent (such as  permitting another to secretly observe you engaging in consensual sex),
  • voyeurism (peeping toms),
  • causing or attempting to cause another to become incapacitated,
  • knowingly transmitting a sexually transmitted infection, including HIV, to another.

Privacy

All proceedings, documents, activities and meetings related to a specific investigation and/or complaint are considered private, as permitted by this Policy or applicable law.  While privacy will be maintained to the extent possible, the University cannot commit to privacy on an across the board basis.  The complainant will be told if privacy cannot be ensured. The University will use its best efforts not to disseminate information about an investigation or complaint beyond those who have a need to know.  Consistent with its obligations under state and federal law, however, the University is required to take reasonable investigative steps, even in the face of a request for privacy or a request not to pursue an investigation.

Parties and those interviewed in connection with a claim of discrimination or harassment should agree not to disclose information about the report, investigation, mediation, or adjudication in order to permit those processes to proceed without interference, claim of undue influence, or retaliation.

Retaliation

Drew University’s Human Rights Policy seeks to encourage students, staff, and faculty to express freely and responsibly their opinions and feelings about any complaint of discrimination or harassment. Any act of reprisal, interference, restraint, penalty, discrimination, coercion, or harassment — overtly or covertly – against a person who uses this policy and its procedures not only undermines the University’s atmosphere of trust and collegiality, but threatens its ability to conduct investigations and to address violations. Retaliation includes any threats or other form of intimidation directed at a complainant, a witness, or a supporter at any point before, during or after an investigation, mediation and/or hearing. Accordingly, such acts violate this Policy and will be subject to appropriate and prompt disciplinary action.

False Complaints

This Policy shall not be used to bring frivolous or malicious charges against students, faculty or staff members. Discipline under the appropriate University policy may be taken against any person knowingly bringing a false complaint of any form of discrimination, including sexual harassment and misconduct.

Multiple or Related Complaints

Where the same facts or circumstances involve violations of different aspects of the Human Rights policy, all related complaints will be addressed, heard, and resolved in one proceeding. Complaints alleging violations of this policy cannot be pursued in multiple forums or on a serial basis when the same facts and circumstances are involved.  In the event that a proceeding under this Policy could also involve claims under another University policy or policies, the appropriate administrator shall determine which policy has a predominant interest. All related violations shall be considered in the proceeding selected.

Free Academic Inquiry

Academic freedom is central to the University’s mission.  This policy is not intended to restrict free academic inquiry, educational purpose, or artistic expression.

Training & Education

All faculty, staff, and students are required to receive discrimination training and sexual harassment and misconduct training. Employees who are likely to receive reports of discrimination or harassment, including faculty, administrators, resident assistants, health and counseling personnel, and athletic staff, should ensure they receive training, be familiar with these policies and procedures, and be able to identify appropriate contacts within the University for handling reports or complaints of violations.

Portions of this policy were adopted from models from NCHERM, with permission

Procedures

Introduction

The Human Rights Committee performs four separate and distinct functions.  The first, the Investigations Group, conducts prompt and reliable investigations of allegations of discrimination or harassment. The second function consists of hearings or the formal resolution of complaints. The third involves mediation and the voluntary resolution of complaints. The fourth function coordinates training.  In addition, the Title IX Coordinator/AA/EEO Officer, works with the Human Rights Committee and oversees the University’s compliance with Title IX, a federal law prohibiting sexual discrimination and harassment, as well as with other anti-discrimination laws.

Reporting Discrimination and Harassment

Anyone who wishes to report a complaint of discriminatory or harassing conduct should contact a member of the Human Rights Committee or the Investigations Group.  Names and numbers are listed on the Support and Resources page at the end of this document. Other persons contacted, including, but not limited to, the Title IX Coordinator/AA/EEO Officer, members of the Human Rights Committee, and senior administrative or academic staff, including deans, associate deans, chairs, faculty, members, directors, assistant directors, coaches, and resident life and student activities staff, are required to immediately refer complaints directly to the Investigations Group and complete an Incident Contact Form.  Drew University reserves the right to pursue complaints on its own behalf.

If you have concerns about discussing an incident that may have to be reported for investigation, counseling on a confidential basis is available through the Center for Psychological and Counseling Services (Counseling Center) http://www.drew.edu/Counseling/ or the Morris County Sexual Assault Response Team.

The Investigation

Initial Contact

Once the Investigations Group learns of an incident of discrimination or harassment, an investigator(s) will interview the individual who believes s/he has been discriminated against or harassed and take the following steps:

  • provide the person with information about the investigative process;
  • provide a privacy advisement;
  • explain the retaliation policy;
  • for students, explain that student safety is the University’s primary concern and that use of alcohol or drugs can never make the target of harassment at fault;
  • explain the University’s obligation to take all reasonable steps to investigate;
  • obtain consent for an investigation, if possible;
  • take steps to identify sources of tangible  information;
  • listen to the account of what occurred and take a complaint and statement;

The investigator(s) will:

  • keep the Title IX Coordinator/AA/EEO Officer advised as to the status of an investigation.

On an ongoing basis, the Investigations Group will also:

  • evaluate and discuss with the complainant whether there is a threat to a party’s safety or welfare, a need for a no-contact order, or other interim measure or emergency accommodation; or
  • a need for timely warning to the campus community; and
  • When there is cause for concern, contact the University’s Director of Public Safety, and/or the Dean of Campus Life and Student Affairs, and/or Human Resources Director, and/or the appropriate academic dean.

Sexual Misconduct – Required Notifications about Available Law Enforcement Resources

When sexual misconduct or other serious claims of sexual harassment, including sexual violence are alleged, the person bringing a claim of sexual harassment or misconduct must be told about the availability of law enforcement resources and be provided assistance in contacting any law enforcement personnel or authority, if s/he requests.  Those resources include the Morris County Prosecutor’s Office’s Sexual Assault Response Team and the Madison Police Department.  Law enforcement contact information, including phone numbers, can be found on the contacts page at the end of this Policy.

The Investigation

An investigation consists of an inquiry into the facts and circumstances of an allegation that the Drew University Human Rights Policy has been violated.   Investigation Group member(s) will:

  • Investigate the allegations underlying the complaint
  • Interview persons with pertinent knowledge
  • Identify and, if appropriate, maintain pertinent tangible evidence

The investigation should be reliable and impartial. The complainant and the person complained against, as well as others with pertinent information, should be interviewed on an expeditious basis, consistent with good investigative practice. Adequate documentation or other records of interviews and other pertinent information or materials should be identified and maintained securely.  Attorneys are not permitted to participate at any stage of the investigative or hearing process, although anyone is free to consult with counsel on their own outside of the process.

Notice of Investigation

The Investigations Group will provide the person complained against with notice of an investigation at the time of his/her interview. That individual will also be told about the Human Rights Committee’s role in resolving complaints and provided information on how to contact a member of the Human Rights Committee.

Dismissal for Lack of Reasonable Cause

During the course of its investigation, the assigned members of the Investigations Group will evaluate claims of discrimination or harassment to help determine whether there is reasonable cause to believe there has been a violation of the Human Rights Policy.  Allegations that do not constitute a violation of the Policy, or that are determined to be false, may be dismissed with notice to the complainant.  That determination may be appealed within three days by submitting an appeal in writing or e-mail to the Title IX Coordinator/AA/EEO Officer.

The Investigations Group Report

At the conclusion of its investigation, the Investigations Group submits a summary report to the appropriate administrator, with a copy to the Title IX Coordinator/AA/EEO Officer.   The report should be submitted within 13 working days from the date of the receipt of the complaint.  Exceptions to this time line may be granted by the Title IX Coordinator/AA/EEO Officer for good cause and upon timely notice.

The appropriate administrator is: in the case of students, the Director of Community Standards and Residence Life; in the case of staff, the Director of Human Resources; and in the case of faculty, the Dean of that faculty member’s school. In the event of an actual conflict involving an administrator and the complainant or the person complained about, an alternate shall be selected by the Provost.

The summary report consists of a description of the complaint, a summary of the investigative activities undertaken, summaries of any witness statements or other evidence gathered, and an assessment as to whether the matter should be referred for mediation, proceed to a hearing or be dismissed for lack of reasonable cause.

Adjudication and Mediation

Upon receipt of the report, the appropriate administrator will make a determination, with notice to the Title IX Coordinator/AA/EEO Officer, as to whether the matter can be mediated.

If the parties do not agree to mediation or the matter is not appropriate for mediation, the administrator will determine, in writing, with notice to the complainant and person complained against and the Title IX Coordinator/AA/EEO Officer, whether the matter should be handled administratively by the administrator or referred to the Human Rights Committee for hearing. Among the factors to be considered by the administrator are: the severity of the alleged violation, the weight of the Summary Report, whether the charges are contested, any prior disciplinary record or patterns of conduct, the inclination of the parties, and the severity of any potential sanction. Only allegations involving the most serious matters should be referred to the Committee Hearing process.

If the administrator is not able to contact either party, a notice will be sent by an appropriate method of delivery that will best ensure receipt, including mail, registered return receipt mail, email or text.  That communication should indicate that a complaint has been filed against her/him and that attempts have been made to alert her/him of a hearing.   A copy of these procedures should be attached, along with a phone number for a contact person, who can explain the procedures and process.

Mediation, under the auspices of the Human Rights Committee, can be an effective means to resolve complaints. Parties can elect to pursue mediation, at any point prior to a decision, as long as it is mutually agreeable, strict time lines are followed, and an allegation of sexual assault is not involved.  If the parties cannot agree that mediation is appropriate, the matter will be resolved under a formal hearing process. A matter under mediation that is not resolved will be referred back for adjudication under the formal procedures.

The complainant and the person complained against must both agree to mediation.  Mediation will be concluded within 20 working days from the date of the submittal of the summary report and a letter reporting the written agreement will be sent the parties and the Title IX Coordinator/AA/EEO Officer within 22 days from the date of the report.  The terms and conditions of any agreement, including an agreement to modify the language or behavior complained about or that the complaint arose from a misunderstanding, should be recorded in writing, signed by the parties, maintained by the Title IX Coordinator and the administrator who oversees the constituency of the person complained against.

If the parties are unable to reach agreement or the complainant decides to pursue a formal hearing, that decision should be memorialized and signed by the complainant and the person complained against or by the complainant, as appropriate, and provided to the appropriate administrator.

Administrative Findings and Sanctions – Less Severe

The appropriate administrator, depending upon whether the person complained against is a student or a faculty or staff member, reviews the Investigations Group’s summary report, meets with the parties, and the witnesses, in the administrator’s discretion. After providing notice and an opportunity to be heard, the administrator then issues a determination within 12 working days from the date of receipt of the summary report. If the administrator determines, by a preponderance of the evidence, that a Policy violation occurred, the administrator reviews the records of misconduct of the person complained against and decides upon an appropriate sanction. These decisions are reported by letter to the Title IX Coordinator/AA/EEO Officer and to the parties, consistent with the requirements of FERPA, within 14 working days of the report.

For students, the Director of Community Standards and Residence Life, or designee, is the appropriate administrator and issues the decision(s).

For staff, the Director of Human Resources, or designee, is the appropriate administrator and issues the decision(s).

For faculty members, the Dean of that faculty member’s school, or designee, is the appropriate administrator and issues the decision(s).

Appeal of Administrative Decisions

For students, an appeal of the decision(s) of the Director of Residence Life and Community Standards or designee must be made to the Dean of Campus Life and Student Affairs within 2 working days from the day of the Director’s decision.

For staff, an appeal of the decision(s) of the Director of Human Resources must be made to the Vice President of Administration and University Relations within 2 working days of the Director’s decision.

For faculty members, an appeal of the decisions of the Dean must be made to the Provost and Academic Vice President within 2 working days of the Dean’s decision.

The only grounds for an appeal are: new information or procedural error.

An appeals decision must be issued with notice to the parties and the Title IX Coordinator/AA/EEO Officer within seven working days from the date of the appeal.

Formal Hearing (Human Rights Committee)

Preparation for Hearing

A Human Rights Committee co-chair meets with the complainant and the person complained against, reviews the summary report with each party, and the policies and procedures for a formal hearing before the Human Rights Committee. In the event it is not possible to contact the person complained against, a notice should be sent to her/him by an appropriate method of delivery, that will best ensure receipt, including mail, registered return receipt mail, email, or text.  That communication should indicate that a complaint has been filed against her/him and that attempts have been made to alert her/him to this fact.  A copy of these procedures should be attached, along with a phone number and point of contact to explain the procedures and process.

The co-chair sets a date for the hearing within 12 working days of receipt of the administrator’s decision to refer the matter to the Human Rights Committee for hearing. The co-chair confirms the date with both the complainant and person complained against, then, within one day, delivers a letter to both parties to confirm the hearing date.

Each party may bring to the hearing a supporter who is a member of the university community. The function of this supporter is to provide support for the person, not advocacy. The supporter may not speak in the hearing. The name of the supporter, along with each party’s proposed witness list, should be provided to the Hearing Committee as soon as possible prior to the hearing in order to identify any potential conflicts as the hearing is organized.

A Hearing Committee file will be available for review by committee members prior to the hearing.  The file will consist of the Investigations Group’s report, and other written or tangible materials pertinent to the complaint, including the Investigations Group’s summary report, witness lists, party statements, and other Committee records.

The Hearing Committee, subject to the approval of the Title IX Coordinator/AA/EEO Officer may extend the date of the hearing for a limited period of time, for good cause shown, including:

  • key witnesses are not available;
  • lack of cooperation; or
  • the parties mutually request an adjournment in writing in order to permit a resolution by mediation.

Committee Selection

The Hearing Committee will be composed of 3 members and a non-voting chair, selected from among the membership of the Human Rights Committee. A co-chair of the Human Rights Committee with no prior involvement in the matter serves as chair of the Hearing Committee. The co-chair selects, by rotation through the list of members of the full Human Rights Committee, the members of the hearing committee for the case and informs them of the background of the case.

In all cases, both the complainant and the person complained against may request that one person be removed from the Hearing Committee and replaced with another member. Members of the Human Rights Committee with connections to the complainant (e.g. in their department) or the person complained against will not be selected. Conflicts of interest involving a Hearing Committee member must be disclosed and any allegations of a conflict of interest should be raised and resolved on a timely basis.   The chair will make every effort to guarantee the impartiality of the Committee.

Complaints against Faculty

When a faculty member is the person complained against, the Hearing Committee will consist of 3 voting faculty committee members.   The Hearing Committee will also include one member of the constituency of the complainant, if different than the constituency of person complained against, who has no vote, but will be present, with voice, throughout the hearing and deliberations.

Complaints against Staff Members

When a staff member is the person complained against, the Hearing Committee will consist of 3 voting staff members if both parties are staff. The Hearing Committee will also include one member of the constituency of the complainant, if different than the constituency of the person complained against, who has no vote, but will be present, with voice, throughout the hearing and deliberations.

Complaints against Students

When a student is the person complained against, the Hearing Committee will consist of 2 students and a single member selected from one of the other two constituencies, at the co-chair’s discretion.  At the parties’ request, the Committee may be comprised entirely of staff or faculty members.

The Hearing

The purpose of the hearing is for the members of the Committee, by listening to the parties and witnesses, to determine what happened by preponderance of the evidence and to make a recommendation on the basis of that finding. The hearing is a determination of what is more likely than not to have occurred.  It is not a formal trial; therefore, the Hearing Committee asks the questions etc., not the parties involved. The Hearing Committee has the right to exclude testimony or information not pertinent to the complaint, including past sexual history or character information.  It may ask for written statements instead of appearances, and take other reasonable action, in order to expedite the hearing and to ensure fairness. When considering a sanctions recommendation only, the Committee may consider any information pertinent to that determination. The Committee will, at all times, strive for fairness and even-handed treatment of the parties in the conduct of the hearing and during deliberations.  The hearing will be recorded.

At the beginning of the hearing, each party makes a brief statement presenting any information or raising any issues they wish the Hearing Committee to consider.  If necessary as determined by the Committee, statements by the parties may be made via closed circuit or other remote technology.

The Hearing Committee members ask the questions, including questions directed at any party or witness.  Witnesses are not permitted in the room when they are not testifying. Both parties submit questions to the Hearing Committee chair for consideration. In the Chair’s discretion, testimony may be taken by phone or other remote technology.

The Hearing Committee may also call any witnesses, including members of the Investigations Group, or request that other pertinent information, including tangible evidence or information, identified in the Investigations Group’s summary report, be presented.  Any information presented to or considered by the Committee, including prior statements by anyone whose testimony is presented to the Committee, should be pertinent to the matter at hand and disclosed to both parties, consistent with the requirements of the Clery Act and the Family Educational and Privacy Rights Act (FERPA).  Formal rules of evidence do not apply, but the information presented must be made equally available to each party.

Each person makes a final statement.

Attendance

Hearing Committee members; complainant and supporter; person complained against and supporter; witnesses (witnesses are only present for their own statement). Lawyers may not be present at the hearing; supporters of either party should not also be witnesses.

In the event, either party fails to attend a properly noticed hearing, the Hearing Subcommittee will continue and accord due weight to all materials related to the absent party.

Deliberations

Everyone except the Hearing Committee members and the chair leaves for the deliberations. The Committee members have the option of asking witnesses to be available during deliberations or dismissing witnesses, complainant and person complained against.

The Committee’s deliberations and findings must be based on the information, testimony, or materials presented to the Committee.

Recommendations

The committee can determine that:

  • the complaint is substantiated, or
  • the complaint is not substantiated.

If the Committee determines the complaint to be substantiated, the Committee considers the level of sanction appropriate to the violation and recommends an appropriate level of sanction.  The committee should strive for unanimity, but where unanimity cannot be achieved a simple majority will decide.   The vote should be reported.

Report of Committee Recommendations

At the conclusion of deliberations, the Committee reports its recommendations orally to the complainant and person complained against.  Within 2 working days of the hearing, the chair reports the recommendations by letter with the reasons therefore to the Title IX Coordinator/AA/EEO Officer and to the appropriate sanctioning officer (the Dean of Campus Life and Student Affairs in the case of students; the Dean of the faculty member’s school in the case of faculty; and the Director of Human Resources in the case of staff members).  A copy of that letter will also be provided at that time to the parties.  In the event the person complained against holds higher rank than the appropriate dean or director, or other conflict, the findings should be transmitted to the Provost, in the case of students or faculty,  or the Vice President of Administration and University Relations, in the case of staff employees.

The Administrator’s Decision

The administrator will review the Hearing Committee’s letter, any statements or other pertinent information, and the recommended findings. If a Policy violation is found, the administrator reviews the sanction recommendation, any record of misconduct, and determines an appropriate sanction.

Students

In matters involving students, the matter will be forwarded to the Dean of Campus Life and Student Affairs for review and decision.

Staff

In matters involving staff, the matter will be forwarded to the Director of Human Resources for review and decision.

Faculty

In matters involving faculty, the Hearing Committee’s recommended findings and recommendation as to the level of sanction will be forwarded to the appropriate dean for review and action.  The dean’s actions may include referral in accordance with the University Faculty Personnel Handbook for action within the same time frames prescribed for a hearing before the Human Rights Committee.  If the matter does not involve a more severe sanction, the dean will act consistent with the procedures for matters involving a less severe sanction.  When a dean is the accused person, the Hearing Committee’s recommendations will be forwarded to the Provost or her/his designee, for action, as described above.

Notifications

A letter reporting an administrator’s decision will be provided to the complainant and to the person complained against, with notice to the Title IX Coordinator/AA/EEO Officer, consistent with the requirements of FERPA within 3 working days.

Under federal law, a student’s sanction or discipline is part of the educational record of an accused student and is protected from release with certain exceptions.  Those exceptions, however, will not typically apply in a matter involving a severe sanction.  For example, the University may release publicly the name, nature of the violation and the sanction for any student found in violation of a University policy that constitutes a crime of violence, including arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/ vandalism and kidnapping or abduction.  This information will be released to the complainant.  Additionally, in matters involving non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking and relationship violence, complainants have a right to be informed of the outcome and sanctions, in writing.

In matters involving faculty and or/staff only, both parties will be advised of the outcome and sanction of a disciplinary proceeding.  Students who bring a sexual harassment or misconduct complaint against a faculty or staff member may be informed of both the outcome and sanction as well, because the person complained against is not a student and is not protected under federal law.

Appeals – Hearing Committee Determinations

Students

In matters involving students, the decisions of the Dean of Campus Life may be appealed to the Provost within 2 working days on two grounds: new information or procedural error.

Staff

In matters involving staff, the decisions of the Director of Human Resources may be appealed to the Vice President of Administration and University Relations within 2 working days on two grounds: new information or procedural error.

Faculty

In matters involving the imposition of a severe sanction on a faculty member, any appeal will be handled in accordance with the procedures detailed in the Drew University Faculty Personnel Policy.  An appeal of a decision imposing a less severe sanction must be made to the Provost within 2 working days on two grounds: new information or procedural error.

Decision on Appeal – Severe Sanctions

Appeals decisions by an administrator should be made within 7 working days of the date of the appeal. Notification of a decision on appeal will be handled in the same manner as provided for a notification of an administrator’s decision.

Composition of the Human Rights Committee

The Human Rights Committee will be composed of members, chosen by the constituencies they represent (e.g. CLA divisions, SGA) in consultation with the committee members. The committee will have at least two co-chairs, and the following composition should be used as a guide: 16 student members, (4 CLA plus 4 CLA alternates, 2 graduate students plus 2 alternates, and 2 theological students plus 2 alternates), 15 faculty members (8 CLA, 2 drawn from each division, 5 theological school faculty and 2 library faculty), and 9 staff members (representing diversity of staff positions). Members can serve consecutive terms. Co-chairs are selected by the members of the Human Rights Committee.

Committee members can be dismissed by the constituency that elected them on the recommendation of a two-thirds vote of the entire committee. Grounds for dismissal are: failure to fulfill obligations as a committee member, to maintain confidentiality, or being found to have sexually harassed a member of the community.

All members of the committee must have training or experience in handling harassment and discrimination complaints, including sexual harassment and misconduct complaints, as well as in the University’s Policies and Procedures.  Members qualified by training and/or experience may serve, as necessary, as investigators, mediators, or hearing committee members, but cannot assume more than one role in a matter.

Investigations Group

Group members must work cooperatively with any other member of the campus community involved in the investigative and complaint resolution processes as required to ensure a prompt, adequate, reliable and impartial investigation of complaints.  The Investigations Group is authorized to call upon any administrative subdivision of the University or employee or staff member for assistance as necessary to complete its investigation and/or may utilize external resources to conduct any aspect of the investigation as necessary.

Record Keeping

The Human Rights Committee’s and the Investigation Group’s files are confidential and are maintained securely by the Title IX Coordinator/ Affirmative Action and Equal Opportunity Officer and in matters involving hearings, by the hearing committee chairs. In matters involving claims of sexual harassment or misconduct, however, those records should be provided to and maintained, on a confidential basis, by the Title IX Coordinator.  In cases involving allegations of discrimination, those records should be provided to and maintained, on a confidential basis, by the Affirmative Action and Equal Opportunity Officer.  The determinations of the Human Rights Committee should also be forwarded to and maintained, on a confidential basis, in the appropriate file of the Office with supervisory responsibility over each of the respective parties

The Investigations Group’s files should contain:

  • All reports and complaints;
  • Interview summaries, witness statements, and copies of tangible evidence;
  • Reasonable cause determinations;
  • All communications relating to the investigation;
  • Summaries;
  • Recommended findings.

The Human Rights Committee’s files should contain:

  • Records of all training and ongoing educational programs;
  • The Investigation Group’s recommendations;
  • Records relating to mediation, including records regarding the selection of the formal or informal procedure, agreements, or decisions to opt out of mediation;
  • All informal agreements or records of mediation
  • Records of its hearings and determinations, including all communications, letters, and any written statements submitted in connection with a Hearing.

At the end of the year, both the Committee and the Investigations Group should separately compile a report for the cabinet, without names or specifics, of the number of cases investigated, heard and the resolutions recommended and outcomes, as the case may be.  The two groups should also consult on developing and distributing educational materials on discrimination and harassment, including sexual harassment and misconduct; and review and update this Policy and its Procedures as needed.

Notice of Nondiscrimination

Drew University does not discriminate in its education program and activities or employment practices on the basis of sex, race, creed, color, national origin, ancestry, age, marital, civil union or domestic partnership status, gender identity or expression, affectional or sexual orientation, genetic information, familial status, military service obligation, disability, or nationality.  The University complies with Titles VI and VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other federal and State anti-discrimination laws.

The University’s Affirmative Action and Equal Employment Officer is: George-Harold Jennings.  He can be reached at (973)-408-3392 or via e-mail at gjenning@drew.edu

Notice of Prohibitions Against Sexual Discrimination/Title IX Coordinator

Drew University does not discriminate on the basis of sex in its education program or activities as required by Title IX of the Education Amendments of 1972, 20 U.S.C. sec. 1681 et seq.  or Inquiries regarding the application of Title IX or this Policy may be made to the University’s Title IX Coordinator/AA/EEO Officer: George-Harold Jennings, 36 Madison Avenue, Madison, NJ  07940 or at: (973)-408-3392; or gjenning@drew.edu.  Complaints of sexual harassment or misconduct may be reported to the Campus Conduct Hotline at 1-866-943-5787 or at investigations@drew.edu.

Support and Resources

The University encourages anyone experiencing discrimination or sexual harassment to make use of the variety of resources that are available to members of the University community.   The primary resource for reporting a complaint is Investigations Group members (a function of the Human Rights Committee), which may be contacted at: investigations@drew.edu.

Local and county law enforcement may be contacted as well.

  • The Madison Police Department can be contacted at: (973)-593-3000 or 9-1-1 (emergency)
  • The Morris County Sexual Assault Response Team (SART) can be contacted at (973)-285-2900 or (973)-829-0587 (SART Hotline).

The Drew University Public Safety Department can be contacted at: (973)-408-3379; or at 3379 (on-campus).

Residence Life staff can be contacted at: (973)-408-3394.

On-campus counselors, who can provide confidential counseling, can be contacted at:  the McClintock Center for Counseling and Psychological Services, Holloway Annex, (973)-408-3398 or Fax: 973-408-3318 or by e-mail at:  http://www.drew.edu/Counseling/.

Health Services can be contacted at: Tel:  973-408-3414 or Fax: (973)-408-3031.

The Student Disability Specialist can be contacted at: (973)-408-3962.

Inquiries regarding the application of Title IX or this Policy may be made to the University’s Title IX Coordinator/AA/EEO Officer: George-Harold Jennings, 36 Madison Avenue, Madison, NJ 07940 or at: (973)-408-3392; or gjenning@drew.edu. Complaints of sexual harassment or misconduct may be reported to the Campus Conduct Hotline at 1-866-943-5787 or at investigations@drew.edu.

Human Rights Committee

Members who may be contacted to report an incident, include:

  • Deshawn Cook, McLendon Hall – First Floor (Residence Life) 973-408-3405 dcook@drew.edu
  • Robert Lucid, Pepin (Public Safety): 973-408-3378 or- 3379; 201-787-3939 (cell) rlucid@drew.edu
  • Michelle Brisson, Ehinger Center – First Floor (Student Activities) 973-406-3460 mbrisson@drew.edu
  • Joanne Montross, 973-408-3611 (CSGS); jmontros@drew.edu
  • George Rodriguez, Simon Forum Office 210 (Athletics) 973-408-3473 grodriguez@drew.edu
  • Frank Merckx, Ehinger Center 147 (Campus Life and Student Affairs) 973-408-3390 fcmerckx@drew.edu,
  • Dr. Wendy Kolmar, 973-408-3632 (English Dept.); wkolmar@drew.edu
  • Dr. Virginia Samuel, 973-408-3565 (Theo. School); vsamuel@drew.edu

8/24/2012