Human Rights Policy

Discrimination and harassment, constitute acts that adversely impact employment or educational opportunity and are based on legally protected classes, such as race, color, religion, age, national origin, ancestry, national origin, religion, handicap and/or disability, atypical heredity cellular or blood trait, AIDS or HIV status, genetic information, and veteran status or liability for service in the military. Discrimination against members of identified protected classes is prohibited under state and federal law, as well as under Drew University’s Human Rights Policy. This Policy embodies Drew’s commitment to creating and maintaining a diverse and open educational community. It is intended to educate the community about discrimination and harassment and to support and protect any member of the community who uses this Policy responsibly to pursue a complaint. Drew will investigate, adjudicate, and remedy reports of violations of the Policy.

Drew’s Sexual Misconduct Policy separately addresses sexual harassment and misconduct, including discrimination based on the protected classes of gender, gender identity and expression, and affectional or sexual orientation.

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.  Offensive or unwelcome conduct or repeated differential treatment, as defined in this policy, is prohibited. 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 based on identified protected class characteristics that is sufficiently severe, pervasive, and objectively offensive to unreasonably interfere education or employment.

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 and discrimination.  The policy seeks to foster an atmosphere of trust and collegiality within the University community and to educate the members of the community on their responsibilities.  Under this policy, the University will initiate a prompt, thorough, and impartial investigation of any report of protected class 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 members of the University community, including students, faculty, staff, and University officials.  Discrimination or harassment, based on protected class status, even if it occurs off campus, can create a hostile environment and is prohibited under this policy.

Visitors, alumni/ae, guests, vendors, and contractors, who violate this Policy may be referred for criminal prosecution, be required to leave University property and/or banned from the campus and from participating in future activities.  Hosts, including students or employees, or other individuals directly affiliated with the Drew community, are subject to this Policy and may be held responsible for the actions of their visitors or guests.

  1. Forms of 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 and that is sufficiently severe, pervasive and offensive to unreasonably interfere with, deny, or limit a student’s or employee’s ability to participate in or benefit from the University’s educational programs, activities, or workplace environment.

  1. 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.

  1. Hostile Environment Harassment/Misconduct

Frequently, hostile environment harassment/misconduct is based on protected class status and that is frequent and repeated or continues after someone has asked that it stop.  The more severe the conduct, however, the less need there is to show a repetitive series of incidents.

Hostile environment harassment and misconduct can result from verbal or written communications, including attempts at humor or derogatory comments directed at an individual or group, based on protected class status, as well as comments made via phone, text message, e-mail, electronic posting, or other electronic media.   It includes communications 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.

  1. 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 overt or covert act of reprisal, interference, restraint, penalty, discrimination, coercion, or harassment 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 threat 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.

Important Definitions

Complainant

A complainant is the person whose rights under this Policy are alleged to have been violated,

Respondent

A respondent is the person who is alleged to have engaged in misconduct under this Policy.

Other Important Principles

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

Multiple or Related Complaints

Where the same facts or circumstances involve violations of different Drew policies, all related complaints against a person will be addressed, heard, and resolved in an appropriate forum based on the constituency of the person complained against.   Complaints alleging violations of this Policy that involve the same facts and circumstances cannot be pursued in multiple forums or on a serial basis.

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.

Cooperation

All members of the campus community should cooperate in an inquiry, investigation, and complaint resolution processes as required to ensure a prompt, adequate, reliable and impartial investigation of complaints.  Fact finders are 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.

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 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 may be 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 not disclose information about the report, investigation, mediation, or adjudication to those outside the process in order to avoid interference, claim of undue influence, or retaliation.

Certain serious offenses, including hate crimes motivated by perpetrator bias against the victim based on protected class status, including race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability are required to be maintained by Public Safety in a log and are listed in the Annual Security Report consistent with the requirements of federal law. That information, however, is logged and listed for statistical purposes only and does not contain names or other personally identifiable information. Such incidents should be reported to Public Safety, the AA/EEO Officer, or to the staffers listed on the Contacts and Resources page.

Privilege and Confidentiality

You can discuss matters confidentially with persons who have a recognized legal privilege, which requires them to keep your information confidential and generally prevents them from disclosing information provided to them in confidence. Those with such privileges are limited and include health services and counseling services personnel. Communications between students and faculty or staff are not legally privileged.

If you have questions or concerns about discussing a matter, or are simply not ready to make a report, to either Drew or law enforcement, a variety of confidential counseling services are available and are listed on the Resources and Contacts page.

Confidentiality of Sanctions

Under federal law, a student’s sanction or discipline is part of the educational record of a respondent who is a student and is protected from disclosure with certain exceptions. In those cases, this information may be released to the complainant, but only when consistent with the requirements of federal law.

In matters involving faculty and or/staff only, both parties will be advised of the outcome and sanction of a disciplinary proceeding. Otherwise, as a general rule, an employee’s specific sanction will not be disclosed to persons other than supervisors.

Reporting Discrimination

University faculty, staff, administrators, and employees, including student employees and volunteers are required to share with the AA/EEO Officer or one of the designated individuals listed on the contacts page reports of discrimination based on protected class status. This obligation does not extend to employees, such as psychological or psychiatric counselors or medical staff while acting in a privileged capacity. The AA/EEO Officer, Emily Ralph, can be reached at 973-408-3635 or via e-mail at: eralph@ drew.edu

Clery Act Reporting

Certain serious offenses, including reports of bias or hate crimes, as well as murder, robbery, aggravated assault, burglary, motor vehicle theft, arson, arrest, weapons possession, and certain offenses involving sexual violence, are required under federal law to be maintained by Public Safety in a log and listed in the Annual Security Report consistent with the requirements of federal law. That information is logged and listed for statistical purposes only and does not contain names or other personally identifiable information. Such incidents must be reported to Public Safety or the Title IX Coordinator. Drew’s Annual Security Report can be accessed here: https://www.drew.edu/Safety/statistics

Training & Education

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 on-line education and training or face to face training will be scheduled or are currently available.  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. Complaints of discrimination should be reported to Emily Ralph, 36 Madison Avenue, Madison, NJ  07940, at: (973)-408-3635 or via e-mail at: eralph@ drew.edu or to the Deputy AA/EEO Officer, Dr. Deshawn Cook, 36 Madison Avenue, Madison, NJ  07940 at: (973)-408-3405; or at: dcook@drew.edu

Notice of Nondiscrimination

In compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 and other federal, state, and local laws, Drew University does not discriminate on the basis of age, race, color, sex, sexual orientation, gender identity or expression, religion, national or ethnic origin, disability, or veteran status in employment, admissions, financial aid, or its educational programs and activities. Drew’s Title IX Coordinator and AA/EEO Officer, Emily Ralph, is designated to coordinate the University’s efforts to comply with Title IX, Section 504 and other equal opportunity and affirmative action regulations and laws. Her office is located in the Ehinger Center. Questions or concerns regarding Title IX, Section 504, equal opportunity or affirmative action should be directed to:

Emily Ralph, Esq.
36 Madison Avenue,

Madison New Jersey, 07940

(Ph:) (973)-408-3635 or at eralph@drew.edu;

Drew’s Deputy Title IX Coordinator and Deputy AA/EEO Officer is: Dr. Deshawn Cook and he can be reached at: (973) – 408-3405 or via e-mail at: dcook@drew.edu.

Notice of Prompt Reporting

Drew encourages accurate and prompt reporting of all criminal acts to the Madison Police, the Morris County Prosecutors Office, and/or to Drew Public Safety.

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

8.25.16

Student Procedures

Reporting Discrimination and Harassment

Complaints of discriminatory or harassing conduct, based on protected class status, that involve a student should be reported to the AA/EEO Officer, Emily Ralph , Esq., at: (973)-408-3635 or eralph@drew.edu, the Deputy AA/EEO Officer, Dr. Deshawn Cook at (973)-408-3405 or at dcook@drew.edu, the Office of the Dean of Students, or to the Drew e-mail hotline: investigations@drew.edu. Names and contact information for these and other resources are listed on the Support and Resources page.  Anyone reporting a claim of discrimination or harassment, based on protected class status, should preserve any records or information regarding the offense and will be asked to make such documents available for internal fact-finding.

When health or safety is at risk or in the case of a criminal offense, the University’s Public Safety Department should be contacted immediately at: (973)-408-3379. The Madison Police Department can be contacted at: (973)-593-3000 or 9-1-1 (emergency).

Retaliation against anyone reporting an incident is prohibited and can result in discipline.

Discussing Matters On a Privileged and Confidential Basis

All Drew staff and faculty have an obligation to report instances of discrimination or harassment when they learn of them, except for medical professionals, psychological or psychiatric counselors, or pastoral counselors acting under their recognized legal privileges.   Communications between students and faculty or staff are not legally privileged.

If you have questions or concerns about reporting a matter, or if you are simply not ready to make a report to either Drew or law enforcement, confidential counseling is available:

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

Health Services, who can also provide confidential support, can be contacted at:  (973)-408-3414 or via email at health@drew.edu.

Interim Measures

Interim measures or restrictions, such as no contact orders or geographical restrictions, may be imposed at the discretion of the University. Suspensions are administered when an immediate threat of harm to the health, safety, or well-being of a member of the campus community is identified prior to a determination of responsibility or no responsibility. Drew may also impose a variety of other interim restrictions and/or remedies designed to meet the goals of this Policy. Interim measures are imposed by the Office of the Dean of Students and may include:

  • No contact orders,
  • Prohibitions on calls, texts, e-mails, electronic postings, and scripted encounters,
  • Geographical, time, and building restrictions, including changes to transportation, dining, and working situations,
  • Restriction from residential housing,
  • Changes or modifications to academic, curricular, and other school activities, including changes to class schedules, the award of incompletes, a drop/add of courses without penalty, extension of deadlines, and alternative methods of attending class,
  • Restriction from academic courses,
  • Interim suspension, including suspension from the campus or suspension from housing,
  • Restriction from athletic or other extracurricular activities, and
  • Check-in/out requirements.

Interim restrictions include safety measures that can be imposed prior to or during fact-finding and are based on available information and can be modified as more information becomes available. Any decision on an interim measure or restriction does not in any way constitute a finding of responsibility and shall not be a factor in the final decision.

A student may request reconsideration of an interim order and may meet with the official imposing the interim measure with an advisor of their actual choosing, without voice, delay or disruption by scheduling meeting with the Office of the Dean of Students. Decisions on interim measures are within the sole discretion of the University and do not constitute a determination of the underlying matter. The University in its discretion may issue interim suspensions, including prohibitions from being anywhere on campus or from being in housing.

Incidents that result in a threat of harm to the safety or well-being of other members of the campus community or that present a pattern of conduct posing risk can result in interim suspension or the imposition of other interim restrictions from portions of the University.

Support

Upon request, the AA/EEO Officer, the Deputy AA/EEO Officer, or the Dean of Student’s Office will identify member of the University community to assist either party in better understanding the process and their options, coordinate available assistance on behalf of the employee, and discuss the range of reasonably available options for changes in working situations.

Drew does have available, on-campus, a variety of support services and resources including housing assistance, academic support and accommodations, counseling, disability services, health and mental health services. Students should feel free to discuss their options and available assistance, in changing academic, living, transportation, and working situations with the AA/EEO Officer, the Deputy AA/EEO Officer, or the Dean of Student’s Office.

Legal Measures

Contact information for advocacy and legal assistance for involved students is available on the Contacts and Resources page.

Preliminary Inquiry and Evaluation

A report or complaint of harassment or discrimination will be initially evaluated by the AA/EEO Officer or designee, and may result in a preliminary inquiry, administrative action, including interim measures, such as mediation, referral for additional fact finding, referral to another more appropriate process or forum, consultation, or, dismissal when the Policy is found not to have been violated as a result of the evaluation or preliminary fact finding. Dismissal determinations may be appealed under the procedures described in the Appeals Section, which can be found further below.

A referral for additional fact finding does not constitute a determination that a policy has been violated. If a matter is referred for additional fact-finding, both parties will be notified by the AA/EEO Officer that an allegation involving a violation of the Human Rights Policy has been made and that fact-finding has been commenced. That notice will be provided at an appropriate time in the process in the discretion of the AA/EEO Officer. Both parties will be interviewed and afforded the opportunity to review the completed Summary Report.

Fact Finding

Fact-finding involves an inquiry into the facts and circumstances of an allegation that the Drew University Human Rights Policy has been violated. Fact-finding includes efforts to identify pertinent information, interview pertinent witnesses, and collect pertinent records. Both the complainant and the person complained against will be asked to identify potential witnesses or sources of information during fact-finding. Drew will make good faith efforts to limit the disclosure of that information to individuals involved in handling the school’s response or otherwise involved in the process and to maintain information in a secure manner. Character, reputational, or other extraneous witnesses may or may not be interviewed at the discretion of the fact finders.

The complainant, the person whose rights under this Policy have been alleged to have been violated, and the respondent, the person who is alleged to have engaged in discrimination or harassment, are entitled to have the presence of an advisor of their own choosing from the University Community during fact-finding or any subsequent meeting. That person, however, is without voice and cannot actively participate in the fact-finding or delay the scheduling or holding of an interview. Disruptive behavior by the advisor will result in the removal of the advisor from the interview.

Fact-finding may be temporarily placed on hold at the request of law enforcement. 

Mediation

Mediation 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.   A matter that cannot be resolved will be referred back for handling through an administrative meeting.

The terms and conditions of any agreement, including the nature of the complaint and the outcome will be a be recorded in writing, signed by the parties, and maintained by the AA/EEO Officer, with copies provided to Human Resources, the Dean’s Office, and the parties, as soon as practicable.

If the parties are unable to reach agreement or the complainant decides to pursue a formal hearing, that decision will be memorialized and notice provided to the Dean, Human Resources Director, as appropriate, and the AA/EEO Officer.

Mediation

Mediation 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. A matter that cannot be resolved will be referred back for handling through an administrative meeting.

The written agreement will be sent to the parties, the Office and the AA/EEO Officer as soon as practicable.  The terms and conditions of any agreement, including the nature of the complaint and the outcome should be recorded in writing and signed by the parties, and maintained by the AA/EEO Officer.

If the parties are unable to reach agreement or the complainant decides to pursue a formal hearing, that decision will be memorialized and notice provided to the Office of the Dean of Students. The process for conducting fact-finding and making a determination of responsibility or no responsibility will continue as if mediation had not been explored.

Summary Report

At the conclusion of the fact finding process, a Summary Report should be prepared and submitted to the AA/EEO Officer or designee, with a copy to the Director of Student Conduct and Community Standards.

The Director of Student Conduct and Community Standards reviews the Summary Report and may issue a notice that the matter will be heard administratively in accordance with the procedures set forth below or dismiss the matter on the grounds that the Summary Report fails to identify facts that would support a finding of a policy violation. That determination may be appealed within five days by submitting an appeal to the Vice President of Campus Life and Student Affairs, or designee, consistent with the appeal requirements, which can be found further below.

In the event of a timely raised actual conflict involving the Director, or designee, and the complainant, or the respondent about, an alternate shall be selected by the Vice President of Campus Life and Student Affairs.

Matters involving allegations of violations of multiple University Policies will be heard in one forum, consistent with applicable procedural protections. The same incident(s) or series of events giving rise to allegations of violations cannot be heard in more than one forum.

Administrative Meetings

Matters involving allegations of discrimination or harassment against a student will be heard administratively by a conduct officer, most commonly the Director of Student Conduct and Community Standards. If a student elects not to participate in the process on a timely basis, the process will continue in his or her absence. Each party has the right to have a silent supporter drawn from a member of the University community during any administrative meeting.

Procedures for an Administrative Meeting

A. Initial Meeting to Review Summary Report

Prior to an administrative meeting, the complainant and the respondent will be provided summary notice of any charge (s) and requested in writing or via e-mail to meet with a designated administrator or conduct officer to review the Summary Report, including any attachments, and the next steps in the process. In addition, each party may be accompanied by an advisor of their choosing. That advisor is without voice and cannot disrupt or delay the meeting.

Following their review of the Summary Report, either party may request that additional pertinent documentation or information beyond what they provided during fact-finding be considered. That information may consist of the identity of additional witnesses and a summary of their information, or records, documents, or other sources of pertinent information. If a request for consideration of new materials is granted, the entire process may be delayed and requests that do not contain information impacting the outcome or are frivolous will not be considered. In order for that information to be considered in the decision-making process, however, it must be provided at least two business days after the initial meeting to review the Summary Report.

Any request to consider new or additional information must be accompanied by an explanation as to why the information was not provided during fact finding and must also identify a reasonable basis to support any consideration of that new information. If deemed warranted, additional fact-finding may take place with due consideration to time constraints and the reasonableness of the requests. The other party will have the opportunity to review and timely respond to any new materials as well.

B. Administrative Meeting

Following the initial meeting, the conduct officer will then meet separately with the complainant and the respondent in order to:

1. Review the process, including:

  1. Discuss the complaint and alleged conduct, allowing each party to present his/her understanding of the events related to the incident(s).
  2. Conduct the process in as timely a fashion as possible, including via remote technology, if necessary.
  3. Permit the student to have the presence of an advisor who shall be a member of the University Community without voice.
  4. Permit the complainant and the respondent to speak on his/her own behalf.
  5. Either may submit on a timely basis a written summary of their position for consideration prior to any determination. This summary must be submitted within two business days of the meeting.
  6. In the event, either party elects not to attend an administrative meeting, the process will continue and due weight will be accorded to all materials related to the absent party.

2. At the conclusion of the process, the conduct officer will determine an appropriate finding of either “responsible” or “not responsible” for each alleged policy violation based upon the preponderance of evidence. Prior conduct violations may be a factor in determining sanctions.

  1. After a decision has been reached, the parties will be sent at the same time an email or letter summarizing the outcome and sanctions, along with a summary of the basis for the decision, as permitted under privacy law.
  2. If found “responsible,” it is the student’s responsibility to complete all sanctions as imposed. Failure to abide by or complete a sanction may result in additional sanctions.
  3. In certain cases, as permitted under federal law, information regarding an offense may be disclosed to individuals or to the entire University community.

Decisions are also reported at the same time to the AA/EEO Officer and the Office of the Dean of Students.

Appeals

A. Any party may appeal an adverse determination. The right of a student to one appeal is guaranteed.  Appeals may be granted for the following reasons only:

    1. Pertinent new information is available which was not known to the person appealing at the time of the administrative meeting.
    2. A procedural error was made that precluded a fair and impartial hearing. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

B. An appeal of a decision must be submitted to the Vice President for Campus Life and Student Affairs, or designee, within five (5) business days from the date of the decision. Only one appeal of a decision is permitted and must be submitted in one document. No further appeals are permitted.

  1. Appeal decisions are reported by letter or email to the AA/EEO Officer, and to the parties, at the same time, within 14 days of the appeal.

Parental Notification

The University, consistent with the Family Educational Rights and Privacy Act (FERPA), may notify parents or legal guardians of a health and safety emergency, where a student has been found responsible for a crime of violence or a non-forcible sex offense in violation of the University’s policies and has no further right of appeal, or where disclosure is otherwise required or imposed as a sanction under the Student Conduct Policy.

Sanctions

The University maintains the right to impose any sanction(s) upon students found responsible for violating the Student Conduct Policy or other University policy.  Violations of these policies may result in a variety of sanctions, ranging from severe penalties to less stringent measures, as appropriate to the underlying conduct, course of conduct, or overall student conduct history.  The primary purpose of sanctions is generally educational and rehabilitative, although in some matters, the protection of the Drew community will be important as well. The reasons for the imposition of sanctions will be stated in the student’s file and will become a part of the student’s record consistent with record retention requirements. Possible sanctions include:

  1. Revocation of Admission:  Admission to the University may be revoked for fraud, misrepresentation or a violation of the University policies.
  2. Revocation of Degree:  A degree awarded to a student by the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree.
  3. Withholding Degree: The University may withhold the awarding of a degree otherwise earned until the completion of the process set forth in the Student Conduct Policy, including the completion of all sanctions imposed, if any.
  4. Expulsion from the University: Unconditional and permanent separation from the University. The expelled student shall be barred from the University campus and all University sponsored activities.
  5. Expulsion from the Residence Halls: Unconditional and permanent separation of the student from residing in, being around, participating in activities within or visiting the residence halls.
  6. Suspension from the University: The student is separated from the University for a specified period of time with the privilege of applying for re-entry after the period of suspension. In making a determination on the reentry application, the University will evaluate the documented (as appropriate) progress the student has made and/or any positive indication that the student is ready for re-entry. The student will need to obtain clearance from the Dean of Students, or designee, in order to return to academic work. The student will be barred from campus during his/her time of suspension, and will be treated as a trespasser if found on campus during their period of separation.
  7. Suspension from the Residence Halls: The student is required to move out of the residence hall and may not reside in, be around, participate in activities within, or visit the residence halls for a specified period of time with the privilege of applying for re-entry as a residential student after the period of suspension.  In making a determination on the re-entry application as a residential student, the University will evaluate the documented (as appropriate) progress the student has made and any positive indication that the student is ready to return to the residence halls. The student will need to obtain clearance from the Dean of Students, or designee, in order to return to the residence halls.  The student will be barred from being in or around campus housing during his/her time of suspension, and will be treated as a trespasser if found in or around campus housing during their period of separation.
  8. Restriction: The student is restricted from facilities, locales, programming, participating in certain University events and activities, holding leadership positions at any level in campus organizations, or from remaining a resident on campus. Certain restrictions are imposed for a specified period of time, while others may be permanent.
  9. Probation: The student is placed under a status whereby any further violation of University regulations is considered in the context of the original violation and with prejudice. Additionally, the student is more likely to be suspended or expelled from Housing or the University during the time of probation status if found responsible of further student conduct violations. The period of probation lasts for a specified period of time. Probationary status may impact a student’s ability to study abroad and/or to hold leadership positions in student organizations.
  10. Residence Hall Relocation: Room re-assignment to another residence hall or floor.
  11. Warning: Written notification to the student that any repetition of the behavior will result in more severe disciplinary action.
  12. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  13. Disclosure: In certain cases, deemed appropriate by the proper authorities, information on an offense may be disclosed to individuals or the entire University community, including parents or guardians.

Discretionary Sanctions: Educational assignments, essays, trainings, assessments, service to the community with a specified length of time, or other related discretionary assignments.

Time Lines

The University will strive to investigate complaints and make determinations on as expeditious basis as possible. 

Contacts and Resources

The University encourages anyone experiencing discrimination to make use of the variety of resources that are available to members of the University community.   Complaints may be reported to a variety of resources, including the AA/EEO Officer, Emily Ralph, Esq., 36 Madison Avenue, Madison, NJ 07940 at: (973) 408-3635; or eralph@drew.edu., Dr. Deshawn Cook, the Deputy AA/EEO Officer at: (973) 408-3405 or dcook@drew.edu. Other contacts include: the Office of the Dean of Students, Drew Public Safety, and the Campus Life and Student Affairs staff listed further below. Complaints may also be reported to Drew’s e-mail hotline, investigations@drew.edu or by phone to the Campus Conduct Hotline at 1-866-943-5787.

In the case of a criminal act, the Madison Police Department can be contacted at: (973)-593-3000 or 9-1-1 (emergency)

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

The Human Resources Department can be contacted at: 973-408-3223.

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

Health Services can be contacted at: 973-408-3414 or at health@drew.edu.

Inquiries regarding this Policy may be made to the University’s AA/EEO Officer: Emily Ralph, Esq., 36 Madison Avenue, Madison, NJ 07940 at: (973) 408-3635; or eralph@drew.edu. Complaints may also be reported to the Campus Conduct Hotline at 1-866-943-5787 or at investigations@drew.edu.

Legal Resources

Legal Services of Northwest New Jersey

30 Schuyler Place, 2nd Floor
P.O. Box 900, Morristown, NJ 07963
Tele: (973) 285-6911
Fax: (973) 605-8991
E-mail: lsnwj-morris@lsnj.org

Volunteer Lawyers for Justice can be contacted at PO Box 32040, Newark, NJ 07102. More information about their program and services can be found at: http://www.vljnj.org/

University officials who can be contacted reporting incident include:

  • Emily Ralph, Esq., AA/EEO Officer, Ehinger Center, 973-408-3635Deshawn Cook, Deputy AA/EEO Officer, McClendon Hall – First Floor (Residence Life) (973) 408-3405 dcook@drew.edu
  • William Ortman, Chief, Department of Public Safety, Pepin 973-408-3378 or 3379; bortamn@drew.edu
  • Michelle Brisson, Associate Dean for Student Engagement Ehinger Center – First Floor (Student Activities) 973-408-3460 mbrisson@drew.edu
  • Frank Merckx, Dean of Students, Ehinger Center 147 (Campus Life and Student Affairs) 973-408-3390 fcmerckx@drew.edu,
  • Sara Waldron, Vice President for Student Life, Ehinger Center, 973-408-3390 swaldron@drew.edu
  • Chris Taylor, Dean of the College of Liberal Arts, Brothers College 108, (973) 408-3321 ctaylor@drew.edu
  • Debra Liebowitz, Associate Dean for Curriculum and Faculty Development, College of Liberal Arts, Brothers College 104A, (973) 408-3139 dliebowi@drew.edu
  • Judith Redling, Associate Dean for Academic Services, Brothers College 115, (973) 408-3290 jredling@drew.edu
  • Javier Viera, Dean of the Theological School, (973) 408-3258 jviera@drew.edu
  • Deirdre Good, Interim Associate Dean for Academic Affairs, the Theological School, (973) 408-3823 dgood@drew.edu
  • William Rogers, Interim Dean of the Caspersen School of Graduate Studies, (973) 408- 3283 wrogers@drew.edu
  • Nancy Wentz, Assistant Director of Human Resources, Madison House 102, (973) 408-3224 nwentz@drew.edu

8.25.16

Staff and Faculty Procedures

Reporting Discrimination and Harassment

Complaints of discriminatory or harassing conduct, based on protected class status, that involve an employee should be reported to the AA/EEO Officer, Emily Ralph , Esq., at: (973)-408-3635 or  eralph@drew.edu, the Deputy AA/EEO Officer, Dr. Deshawn Cook at (973)-408-3405 or at dcook@drew.edu, the Human Resources Department, or to the Drew e-mail hotline: investigations@drew.edu. Names and contact information for these and other resources are listed on the Support and Resources page.  Anyone reporting a claim of discrimination or harassment, based on protected class status, should preserve any records or information regarding the offense and will be asked to make such documents available for internal fact-finding.

When health or safety is at risk or in the case of a criminal offense, the University’s Public Safety Department should be contacted immediately at: (973)-408-3379. The Madison Police Department can be contacted at: (973)-593-3000 or 9-1-1 (emergency).

Retaliation against anyone reporting an incident is prohibited and can result in discipline.

Discussing Matters On a Privileged and Confidential Basis

All Drew staff and faculty have an obligation to report instances of discrimination or harassment when they learn of them, except for medical professionals, psychological or psychiatric counselors, or pastoral counselors acting under their recognized legal privileges.   Communications between students and faculty or staff are not legally privileged.

If you have questions or concerns about reporting a matter, or if you are simply not ready to make a report, confidential counseling is available through Drew’s Employee Assistance Program (EAP), (which can be contacted directly at: CONCERN EAP 1-800-242-7371). More information about EAP is available through Drew Human Resources at: (973)-408-3223).

Interim Measures

Interim measures or restrictions, such as no contact orders or geographical restrictions, may be imposed at the discretion of the University. Suspensions are administered when an immediate threat of harm to the health, safety, or well-being of a member of the campus community is identified prior to a determination of responsibility or no responsibility. Drew may also impose a variety of other interim restrictions and/or remedies designed to meet the goals of this Policy. Interim measures may include:

  • No contact orders,
  • Changing or modifying work settings and act committees,
  • Prohibitions on calls, texts, e-mails, electronic postings, and scripted encounters,
  • Geographical and building restrictions, including restriction from campus,
  • Suspension with pay,
  • Suspension without pay,
  • Training or education,
  • Sign-in requirements, or
  • Other measures appropriate to the matter

Interim measures are restrictions based on available information that are imposed prior to a decision or during fact-finding to protect safety, well-being, or the process. Interim measures are based on available information and can be modified as more information becomes available. Any decision on an interim measure or restriction does not in any way constitute a finding of responsibility and shall not be a factor in the final decision.

A staff or faculty member may request reconsideration of an interim order and may meet with the official imposing the interim measure following imposition of an interim measure with an advisor of their choosing, without voice, delay, or disruption. Such a meeting must be scheduled and held prior to any change or modification of the restriction. Decisions on interim restrictions are within the sole discretion of the University and do not constitute a determination of the underlying matter.

In the case of faculty, interim restrictions will be considered and decided by an individual designated by the Dean’s Office. Where faculty and students or staff are involved in the same matter, a designee from the Dean of Students Office or Human Resources, will address the restrictions imposed on the other party.

Support

Each party may request the assistance of a designated supporter to answer questions or make inquiries on their behalf about the process or direct them to available resources. Upon request, the AA/EEO Officer, the Deputy AA/EEO Officer, the faculty member’s Dean’s Office, or the Human Resources Department will help identify A member of the University community to assist either party in better understanding the process and their options, coordinate available assistance on behalf of the employee, and discuss the range of reasonably available options for changes in working situations, and identify a member of the University community to.

Legal Measures

Employees may seek orders of protection or restraining orders in court. To the degree possible, Drew staff will provide assistance in contacting courts.

Preliminary Inquiry and Evaluation

A report or complaint of discrimination or harassment will be initially evaluated by the AA/EEO Officer or designee, and may result in a preliminary inquiry, administrative action, including interim measures, such as mediation, referral for additional fact finding, referral to another more appropriate process or forum, consultation, or, dismissal when the Policy is found not to have been violated as a result of the evaluation or preliminary fact finding. Dismissal determinations may be appealed under the procedures described in the Appeals Section, which can be found further below.

A referral for additional fact finding does not constitute a determination that a policy has been violated. If a matter is referred for additional fact-finding, both parties will be notified by the AA/EEO Officer that an allegation involving a violation of the Human Rights Policy has been made and that fact-finding has been commenced. That notice will be provided at an appropriate time in the process in the discretion of the AA/EEO/officer. Both parties will be interviewed and afforded the opportunity to review the completed Summary Report.

Fact Finding

Fact-finding involves an inquiry into the facts and circumstances of an allegation that the Drew University Human Rights Policy has been violated. Fact-finding includes efforts to identify pertinent information, interview pertinent witnesses, and collect pertinent records. Both the complainant and the person complained against will be asked to identify potential witnesses or sources of information during fact-finding. Drew will make good faith efforts to limit the disclosure of that information to individuals involved in handling the school’s response or otherwise involved in the process and to maintain information in a secure manner. Character, reputational, or other extraneous witnesses may or may not be interviewed at the discretion of the fact finders.

The complainant, the person whose rights under this Policy have been alleged to have been violated, and the respondent, the person who is alleged to have engaged in discrimination or harassment, are entitled to have the presence of an advisor of their own choosing from the University Community during fact-finding or any subsequent meeting. That person, however, is without voice and cannot actively participate in the fact-finding or delay the scheduling or holding of an interview. Disruptive behavior by the advisor will result in the removal of the advisor from the interview.

Fact-finding may be temporarily placed on hold at the request of law enforcement.

Mediation

Mediation 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.   A matter that cannot be resolved will be referred back for handling through an administrative meeting.

The terms and conditions of any agreement, including the nature of the complaint and the outcome will be a be recorded in writing, signed by the parties, and maintained by the AA/EEO Officer, with copies provided to Human Resources, the Dean’s Office, and the parties, as soon as practicable.

If the parties are unable to reach agreement or the complainant decides to pursue a formal hearing, that decision will be memorialized and notice provided to the Dean, Human Resources Director, as appropriate, and the AA/EEO Officer. 

Summary Report

At the conclusion of the fact-finding process, a summary report is prepared and submitted to the designated hearing officer and the Director of Human Resources, or the Dean’s office, based on the constituency of the respondent.

The designated hearing officer reviews the Summary Report and may issue a notice that the matter will be heard administratively in accordance with the procedures set forth below or dismiss the matter on the grounds that the Summary Report fails to identify facts that would support a finding of a policy violation. That determination may be appealed within five days by submitting an appeal to the appeal officer. The appeal officer will be identified in the determination letter or e-mail and appeals must be submitted consistent with the procedures for appeals, which can be found further below. A matter may be referred by the Dean at this point for action under the provisions of the Faculty Personnel Policy, consistent with the requirements of federal and state law.

In the event of a timely actual conflict of interest involving the hearing officer and the complainant or the person complained about, an alternate hearing officer shall be selected by the Director of Human Resources, or designee, or the respondent’s ’s Dean, or designee, based on the constituency of the accused. A matter may be referred by the Dean at this point for action under the provisions of the Faculty Personnel Policy.

Administrative Hearings

Matters involving allegations of discrimination or harassment, based on protected class status will be heard administratively by a hearing officer.

Procedures for an Administrative Hearing

Matters involving allegations of discrimination will be heard administratively by a hearing officer. If a party elects not to participate in the process on a timely basis, the process will continue in his or her absence. Each party has the right to have a silent supporter from the University community present during any administrative meeting.

A. Initial Meeting to Review Summary Report

Prior to an administrative hearing, the complainant and the respondent will be provided summary notice of any charge(s) and requested, in writing or via e-mail, to meet with the Associate Dean, or designee, and the AA/EEO Officer, if requested, in the case of faculty, or, in the case of staff, the AA/EEO Officer, or designee to review the fact-finding summary, including any attachments, and the next step in the process.

Following their review of the Summary Report, either party may also present, for consideration by the hearing officer, additional pertinent documentation or information beyond what the party provided during fact-finding to support their position. That information may consist of the identity of additional witnesses and a summary of their information, or records, documents, or other sources of pertinent information. If a request for consideration of new materials is granted, the entire process may be delayed and requests that do not contain information impacting the outcome or are frivolous will not be considered. In order for that information to be considered in the decision-making process, however, it must be provided at least two business days after the initial meeting to review the Summary Report.

Any request to consider new or additional information must be accompanied by an explanation as to why the information was not provided during fact finding and must also identify a reasonable basis to support any consideration of that new information. If deemed warranted, additional fact-finding may take place with due consideration to time constraints and the reasonableness of the requests. The other party will have the opportunity to review any new materials.

B. Administrative Hearing

Following the initial meeting, the hearing officer will meet separately with the complainant and the respondent in order to:

1. Review the process, including:

  1. Discuss the complaint and alleged conduct, allowing all parties to present their understandings of the events related to the incident(s).
  2. Conduct the process in as timely a fashion as possible, including via remote technology if necessary.
  3. Permit each party to be accompanied by a silent supporter drawn from the University Community.
  4. Permit the complainant and the respondent to speak on his/her own behalf.
  5. At the conclusion of the process, either party may submit a written summary of their position for consideration prior to any determination. This summary must be submitted within two working days of the meeting.
  6. In the event, either party elects not to attend a properly noticed hearing, the process will continue and due weight will be accorded to all materials related to the absent party.

2. At the conclusion of the process, the hearing officer will determine an appropriate finding of either “responsible” or “not responsible” for each alleged policy violation based upon the preponderance of evidence.

  1. After a decision has been reached, an outcome decision letter or e-mail will be forwarded to both parties at the same time. The person complained against will also receive notice of the sanctions. Prior conduct violations may be a factor in determining sanctions.
  2. If found “responsible,” it is the employee’s responsibility to complete all sanctions as imposed. Failure to abide by or complete a sanction may result in additional sanctions.
  3. In certain cases, as permitted under federal law, information regarding an offense may be disclosed to individuals or to the entire University community.

Decisions are also reported to the AA/EEO Officer, the Human Resources Department and/or the Dean’s office.

Appeals

A. Any party may appeal an adverse determination and that right to an appeal is guaranteed. Appeals may be granted for the following reasons only:

    1. Pertinent new information is available which was not known to the person appealing at the time of the original hearing.
    2. A procedural error was made that precluded a fair and impartial hearing. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

B. An appeal of a decision must be submitted to the designated appeal officer within five (5) business days from the date of the decision. Only one appeal of a decision is permitted and must be submitted in one document.

  1. In the case of faculty, appeals will be heard by an individual designated by the Dean of the respondent’s faculty, and will ordinarily be a Dean or administrator from another faculty of the University.
  2. In the case of staff, appeals will be heard by the Vice President of Administration and Finance.

Appeals decisions are reported by letter or e-mail at the same time to the parties within 14 days of receipt of the appeal, copying the AA/EEO Officer and the Director, Human Resources, or the Office of the Dean. Should action be initiated at this juncture under the provisions of the Faculty Personnel Policy, consistent with the requirements of federal law, equal protections shall be afforded to the complainant and the respondent.

Time Lines

The University will strive to investigate complaints and make determinations on as expeditious basis as possible. The AA/EEO Officer will advise the parties of extensions or other delays.

Sanctions

The University maintains the right to impose sanctions upon faculty and staff who are found responsible for violating the Human Rights Policy. Violations may result in a variety of sanctions, ranging from severe penalties to less stringent measures, as appropriate to the underlying conduct, course of conduct, or overall conduct history. Sanctions could include, but are not limited to: termination, suspension without pay, suspension with pay, training, counseling, participation in specific plans designed to avoid re-occurrences, and written reprimands.

Contacts and Resources

The University encourages anyone experiencing discrimination to make use of the variety of resources that are available to members of the University community.   Complaints may be reported to a variety of resources. The primary resources for reporting the complaint are the University’s AA/EEO Officer, Emily Ralph, at (973)-408-3635 or eralph@drew.edu and the Deputy AA/EEO Officer Dr. Deshawn Cook. (EC 147) at (973)-408-3405 or at dcook@drew.edu, Human Resources, the Office of the Dean of the faculty member experiencing the discrimination, via e email to investigations@drew.edu, or to senior administrators.

In the case of a criminal act, the Madison Police Department can be contacted at: (973)-593-3000 or 9-1-1 (emergency)

The Drew University Public Safety Department can be contacted at: (973)-408-3379; or at 4444 in an emergency.

The Human Resources Department can be contacted at: (973)-408-3223.

Drew’s confidential Employee Assistance Program (EAP) provides confidential counseling and assistance. CONCERN EAP can be contacted through the Human Resources Department or can be contacted directly at: CONCER EAP (800)-242-7371.

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

Inquiries regarding this Policy may be made to the University’s AA/EEO Officer, Emily Ralph, at (973)-408-3635 or eralpph@drew.edu or two the Deputy AA/EEO Officer: Dr. Deshawn Cook, 36 Madison Avenue, Madison, NJ 07940 or at: (973)-408-3405; or dcook@drew.edu. Complaints may also be reported to the Campus Conduct Hotline at (866)-943-5787 or at investigations@drew.edu.

Other personnel to whom reports may be made include:

  • Deshawn Cook, Ehinger Center 147 (Campus Life and Student Affairs) (973)-408-3405 dcook@drew.edu
  • William Ortman, Pepin (Public Safety): (973)-408-3378 or at:wortman@drew.edu
  • Michelle Brisson, Ehinger Center – First Floor (Student Activities) (973)-406-3460 mbrisson@drew.edu
  • Joanne Montrose, (973)-408-3611 (CSGS); jmontros@drew.edu
  • Frank Merckx, Ehinger Center 147 (Campus Life and Student Affairs) (973)-408-3390 fcmerckx@drew.edu,
  • Chris Taylor, Dean of the College of Liberal Arts, Brothers College 108, (973) 408-3321 ctaylor@drew.edu
  • Debra Liebowitz, Associate Dean for Curriculum and Faculty Development, College of Liberal Arts, Brothers College 104A, (973) 408-3139 dliebowi@drew.edu
  • Judith Redling, Associate Dean for Academic Services, Brothers College 115, (973) 408-3290 jredling@drew.edu
  • Javier Viera, Dean of the Theological School, (973) 408-3258 jviera@drew.edu
  • Deirdre Good, Interim Associate Dean for Academic Affairs, the Theological School, (973) 408-3823 dgood@drew.edu
  • William Rogers, Interim Dean of the Caspersen School of Graduate Studies, (973) 408- 3283 wrogers@drew.edu
  • Nancy Wentz, Assistant Director of Human Resources, Madison House 102, (973) 408-3224 nwentz@drew.edu

Rev.8.25.16