Discrimination

Discrimination or harassment in education or employment on the basis of protected class status is prohibited under University regulations, as well as under State and federal law.  The term “protected class” refers to differences such as race, creed, color, national origin, ancestry, age, marital status, civil union status, or domestic partnership status, sex, gender identity or expression, affectional or sexual orientation, genetic information, familial status, military service obligations, disability, or nationality.

Discrimination consists of distinctions or detriments that are based on a person’s protected class status.  Harassment is verbal or physical conduct that demeans or is hostile to an individual because of his/her protected class status.   Harassing conduct consists of a range of behaviors.  It can include epithets, slurs, jokes, negative stereotyping or threatening, intimidating or hostile acts.   Harassment can be communicated through spoken words, physical actions, written or graphic material, or electronic media.  Harassment, under this policy, consists of conduct, actions, or words that a reasonable person would consider sufficiently pervasive or severe to create an intimidating, hostile, or offensive working or educational environment.

Under the University’s Human Rights Policy, each member of the University community is expressly prohibited from discriminatory or harassing verbal, physical, written, or online conduct.

Sexual Harassment and Misconduct

Sexual harassment and misconduct are forms of discrimination and consist of unwelcome conduct of a sexual nature.  Sexual harassment can include physical, verbal, written or on-line conduct of a sexual nature, requests for sexual favors or unwelcome sexual advances or sexual contact.   Interactions of a sexual nature must be consensual and, under the University Policy, effective consent must be clear, informed, and freely given.   A person who is incapacitated, coerced, or threatened cannot give consent.  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 result from involuntary physical restraint as well as from voluntary or involuntary drug or alcohol use.

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.

Sexual Misconduct – Required Law Enforcement Notifications

When sexual misconduct, other serious claims of sexual harassment, or criminal acts are alleged, the person bringing a claim may always decide to pursue a criminal complaint.  S/he must be told about the availability of law enforcement resources and must be provided assistance in contacting any law enforcement personnel or authority, if s/he requests.

Retaliation

Any act of reprisal, interference, restraint, penalty, discrimination, coercion or harassment — overtly or covertly – against a person who uses this policy will be subject to appropriate and prompt disciplinary action.

Reporting Complaints

Students

Complaints of discriminatory or harassing conduct by a student should be reported to Campus Life and Student Affairs (CLSA) professional staff for handling, to the Title IX Coordinator/AA/EEO Officer, the e-mail hotline, or Public Safety.  Names and contact information for these and other contacts and resources, including law enforcement, are listed below.

Faculty

Complaints of discriminatory or harassing conduct by a faculty member can be reported to the Dean, the Human Resources Office, the Title IX Coordinator/AA/EEO Officer, the e-mail hotline, or Public Safety.  Names and contact information for these and other contacts and resources, including law enforcement, are listed below.

Staff

Complaints of discriminatory or harassing conduct involving a staff member can be reported to the Human Resources Office), the Title IX Coordinator/AA/EEO Officer, the e-mail hotline, or Public Safety.  Names and contact information for these and other contacts and resources, including law enforcement, are listed below.

Mediation

When both parties agree, any matter, except ones involving allegations of sexual violence or assault, may be mediated.   The mediation will result in an agreement that both parties agree to and then sign.

Administrative Hearings

After fact finding, a summary or report of what has been learned will be forwarded to an administrator:  a member of the CLSA professional staff, in the case of a student, the Dean or a designee, in the case of a faculty member, and the Director of Human Resources or a designee in the case of a staff member.  The assigned administrator will decide, in his or her discretion, which hearing procedure will apply; it may be heard administratively or before a Board or committee.  Factors to be considered include: the severity of the alleged violation, the weight of any summary or report, whether the charges are contested, any prior disciplinary record or patterns of conduct, the inclination of the parties, timeliness, the University’s schedule, and the severity of any potential sanction. Only allegations involving the most serious matters, based on the factors listed above, should be referred to the Board.  Any referral, however, does not constitute and should not be construed to be, a determination of responsibility.

If the matter is to heard administratively, the administrator, or designee,  will review the summary or report, meet with the parties, and, in a written determination, either find the complaint to be substantiated or to be unsubstantiated.   If a Policy violation is found, the facts surrounding the underlying violation and any record of prior disciplinary action will be reviewed and the appropriate sanction determined. That decision can be appealed on two grounds: new information or prejudicial procedural error.

Committee Hearing

In the administrator’s discretion, a matter could be forwarded for a Human Rights Committee or Student Conduct Board hearing.   The members of the Committee, after notice, will listen to the parties and witnesses, review pertinent information, determine what is more likely than not to have occurred.  It is, however, not a formal trial,  and attorneys are not permitted to participate at any stage of the investigation or hearing. Each party will have the right to present a statement and to identify witnesses that the Committee may call, but cannot ask witnesses questions directly.

If a Policy violation is found, the Committee, or Board, as the case may be, reviews any record of prior disciplinary action and determine the appropriate sanction. That decision can be appealed on two grounds: new information or prejudicial procedural error.

Contacts 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
  • Morris Cares, which works with SART,  maintains a 24/7 hotline and can be contacted at: (973)-829-0587.

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