Rights and Feedback.

 

Complaint and Respondent’s Rights and Feedback Form

Complaint and Respondent’s Rights Feedback Form

Complaint and Respondent’s Rights

1. If you are reporting a violation of the Sexual Misconduct Policy, you have the option of reporting your incident to the University so that the University can conduct an internal review into the matter, reporting the matter to law enforcement, or seeking confidential counseling either from University Health Services, the University Counseling Center or from a variety of off-campus support services.

2. Persons reporting a violation of the Policy have the right to request that the University not conduct any fact-finding or investigation and the University will make every effort to honor those requests. Complying with a request not to pursue fact-finding, however, may limit the University’s ability to fully respond to the incident or to pursue any disciplinary action against the accused. Even when the University is able to honor a request for confidentiality, the University can still take reasonable steps to limit the effects of any sexual misconduct and prevent its recurrence without revealing the complainant’s identity by, for example, increasing security monitoring on campus, providing training and educational materials, disseminating University policies, and conducting climate surveys, or providing confidential counseling or health services support. In some typically, limited, matters, however, the Title IX Coordinator may decide that fact-finding must be initiated in order to address risks to you or to others and maintain a safe and nondiscriminatory environment on campus. If the University is not able to honor your request, you will be notified before any information is disclosed to the accused.

3. Both parties have the right to a prompt, fair, and thorough University fact finding into a complaint of wrongdoing under the Sexual Misconduct policy.

4. If fact-finding and/or adjudication is initiated, both parties have the right to have a silent supporter of their choice to provide support and assistance throughout the University’s fact finding process. A silent supporter can be someone from the Drew community or elsewhere and can provide assistance, including: emotional support; helping you understand the fact finding process; helping you prepare for meetings/interviews/hearings; and attending meetings/interviews/hearings with you. Your silent supporter is not able to speak for you during meetings/interviews/hearings. You and/or your silent supporter should speak with the Title IX Coordinator to discuss any concerns regarding the role of the silent supporter during the process.

5. Parties have the right to request that interim measures be put in place. Interim measures are reasonably available steps the University may take to ensure your wellbeing and safety to the campus community. Interim measures will be implemented on a case-by-case basis. Examples of interim measures include, but are not limited to, the following: changes in class/work/housing/parking assignments; temporary removal from classes/housing/campus; restrictions on contact between the parties; and academic accommodations (e.g. requests for a grade of “incomplete” in a course or taking a course as an independent study).

6. Upon request, the Title IX Coordinator can also identify members of the University community to assist you in understanding the process and your options, coordinate available assistance, and discuss the range of reasonably available options for changes in academic, living, and working situations.

7. Persons reporting violation of the Sexual Misconduct Policy, have the right to be free from sanctions for alcohol and/or drug use related to a complaint, provided that the alcohol and/or drug use occurred during or near the time of the alleged sexual misconduct. Substance abuse counseling may still be recommended by Drew University.

8. Both parties have the right to receive information about the status of your internal University complaint and or accusation. You will also receive written notification regarding the outcome of the fact finding/administrative hearing and any appeal rights that may be available to you.

9. Both parties have the right to seek victim and or advocacy or legal assistance, to include the provision of a protective order or peace order, if applicable. Off Campus Resources include: The Madison Police Department (973) 593-3000, The Morris County Sexual Assault Response Team (973) 829-0587, and Morris CARES at (973) 829-0587, Jersey Battered Women Services (973)- 267-4763. If you would like, Drew officials will assist you in making any such contacts.

10. Both parties have a right (in the case of students) to medical and emotional support from the Student Health Service, and/or the McClintock Center for Counseling and Psychological Services; (in the case of employees) assistance is available via Drew University’s Employee Assistance Program (EAP) at: CONCERN EAP (800)-242-7371 or (973) 408-3223.

11. Both parties have a right to be informed of the names of any additional individuals who may be called to provide information (subject to safety, and/or retaliation considerations).

12. Both parties have the right to review the summary report of the Title IX fact-finding and to be notified of the finding and any sanction following the Director of Student Conduct and Community Standards’ review, or relevant Drew University designee in the case of employees.

13. Each party the right to petition the Title IX Coordinator or applicable designee for removal of any decision maker/ administrative hearing officer on the basis of demonstrated bias or actual conflict of interest.

14. Both parties have the right to appeal any finding, to the extent provided for and in accordance with the two defined standards for appeal established by the Drew University Sexual Harassment and Sexual Misconduct Policy.

15. You have the right to be free from retaliation for filing a complaint or from being named as an accused. Retaliation against an individual for reporting an incident of sexual misconduct or for participating in any manner in an investigation or hearing related to a sexual misconduct complaint is a serious matter and can be the basis of a new complaint. Any member of the University community who attempts to interfere, restrain, coerce, discriminate against, or harass or engage in any other form of retaliation against a person for filing a complaint will be subject to potential disciplinary action.

You may contact the University’s Title IX Coordinator if you have any questions or concerns regarding the process or the information provided in this document. The Title IX Coordinator is located in EC, Room 133 and may be reached at 973-408-3635