Annual Security Report/Clery Statistics.
Dear Students and Parents,
Drew University, a Phi Beta Kappa liberal arts university, includes the College of Liberal Arts, the Drew Theological School and the Caspersen School of Graduate Studies. Drew is located on a wooded campus in Madison, New Jersey, a borough of 15, 000 residents located approximately 26 miles from New York City on a major train line. Known as the “University in the Forest,” Drew is dedicated to providing its students with a safe and secure environment in which to pursue their educational goals. An important factor contributing to Drew’s safety record is its location – Madison enjoys one of the lowest crime rates in New Jersey. The most critical factor, however, is the vital relationship with, and the ongoing cooperation between, the University community and the Department of Public Safety. This Report, and the Department of Public Safety’s website, provide basic information on how to keep safe and the many campus and off-campus services and resources available to students, faculty and staff. It is prepared and updated in consultation with other departments within the University, including Campus Life and Student Affairs, the Title IX Coordinator and AA/EEO Officer, and Legal Affairs.
The Department of Public Safety is responsible for providing an environment that is protective of all members of the Drew community. This responsibility includes crime prevention, fire safety, and educating students about how they can contribute to a safe campus. Every member of the Drew community must share the responsibility for maintaining a safe and secure campus. The Department of Public Safety operates 24 hours a day for 365 days a year.
The Annual Security Report (ASR) provides information and statistics about campus safety at Drew University. The ASR, and Drew’s Annual Fire Safety Report, are required to be made publicly available under federal law. That law, the Campus Security Act, also known as the Clery Act, requires institutions of higher education to compile and publicly disclose statistics regarding reports of a variety of serious criminal offenses that occur on or adjacent to campus. Drew makes those statistics, as well as campus safety information, information about how to report a crime, and information about Drew’s policies, including its Title IX procedures, publicly available for review by prospective students, students, staff and faculty in the form of this Annual Security Report.
Campus crime statistics for the past three years may be found at the end of this Report for those specified offenses that were reported to have occurred on campus, in or on off-campus buildings, or on property owned or controlled by the University, and on public property, including thoroughfares, streets, sidewalks, and parking facilities, within or immediately adjacent to and accessible from the campus. The Drew campus consists of 53 buildings on 186 acres of property a short walk from downtown Madison Borough. It serves approximately 2,000 graduate and undergraduate students and about 500 staff.
Drew’s Clery Act statistics are prepared, in consultation with local law enforcement, or those located in communities where longer-term Drew programs are situated, as well as with the assistance of Drew’s Department of Campus Life and Student Affairs.
The Annual Security Report is maintained by the Department of Public Safety, along with a crime log that is publicly available for review at headquarters as required by the Campus Security Act. The Drew Daily Crime Log is updated to include offenses within two days of the report of an offense. Both the Annual Security Report and the Daily Crime Log are available for review during business hours at the Drew Department of Public Safety’s office in the Pepin Building, which is adjacent to the guard house on the Lancaster Avenue entry to the campus. In addition to disclosing information about how many reports of the specified Clery Act offenses have been reported, key topics addressed in the Report include:
The Annual Security Report is available below.
William B. Ortman
Director of Public Safety
Phone: (973) 408-3378
The Department of Public Safety consists of a Director, 11 Patrol Officers, 4 Dispatchers, and one Administrative Assistant and provides 24-hour-a-day service, 365 days of the year to the Drew community. Public Safety can be contacted at: (973) 408-3379. Department responsibilities include crime prevention and investigation, fire safety, traffic regulation, enforcement of university regulations and state and local laws on the Drew campus and Drew property. Professionally trained men and women patrol the campus in marked patrol cars, on foot and on bicycles. While officers do receive law enforcement training, they do not serve as commissioned police officers and do not have the arrest authority of sworn police officers. Officers are certified in:
Patrol Officers within the department are required to complete a basic training course provided by New Jersey police academies. In addition to this training, officers continually receive in-service training and attend special training sessions provided by county and state police academies. Since 2002, all officers are trained as National Registry EMTs or as Emergency First Responders. One or more officers are certified to teach NJ Defensive Driving classes, and are certified by the American Heart Association as CPR instructors. Periodically throughout the academic year the Department of Public Safety offers such classes free of charge or for a nominal fee to Drew community members.
The philosophy of this Department is based on a commitment to serve the Drew community. Members of the Department are sensitive to the special needs of students, as well as their responsibility to provide a secure living environment. Since the campus also falls under the law enforcement jurisdiction of the Madison Police Department, Drew’s Department of Public Safety works in close cooperation with the Madison Police concerning certain criminal investigations, traffic accidents or other police matters. Under the direction of the Madison Chief of Police, cooperation between Madison Police and the University is consistently excellent. Uniform crime reporting and some criminal investigations are handled by the Madison Police Department. The Department of Public Safety strives to serve the Drew community. Our headquarters is located in the Pepin Service Building. We encourage you to visit anytime.
If you are a victim of a crime, your first priority should be to get to a place of safety and to immediately seek assistance. Criminal offenses, suspected criminal activity, or other emergencies can be reported directly to the Department of Public Safety Department, as well as to the Madison Police Department. In most circumstances, reporting to the Drew Department of Public Safety will provide a swifter response because Department personnel are more familiar with campus geography and locations.
The Department of Public Safety can be contacted for emergencies at: (973) 408-4444; or 4444 (on-campus). Non-emergencies can be reported at: (973) 408-3379; or at 3379 (on-campus). Drew Public Safety can also accept reports through the Tips line at: (973) 408-3356 (internal University calls only). Reports may also be sent to the Drew University Public Safety email at: email@example.com
The University strongly encourages anyone who has been the victim of a crime to report the matter immediately to law enforcement. If requested, the Department of Public Safety will assist you in making a report. Local and county law enforcement may be contacted at:
All officers and dispatchers are trained as Basic 9-1-1 Emergency Tele-Communicators and as Emergency Medical Dispatchers. The Department of Public Safety dispatches their own emergency response units to calls received on campus and communicate with outside response units for coordinated response, including Advanced Life Support. Public Safety coordinates and works with local first responders to provide appropriate emergency response.
The federal government defines the locations and geography with respect to which offenses must be reported. Drew lists reports of offenses occurring:
Drew University’s core campus is defined as within the limits of Madison Avenue on the east, Loantaka Way on the north, Glenwild Road on the west and Woodcliff Drive on the south. (see attached map or reference www.drew.edu/map/). It is located entirely within the jurisdiction of Madison, N.J. and Morris County. It covers an area of approximately 180 acres of woodland as well as developed properties including administrative buildings, academic buildings, service buildings, residential halls, athletic fields and parking lots. There are no public properties or public roadways within the campus. The sidewalk areas adjacent to the university property along Madison Avenue, Glenwild Road, and Loantaka Way are the only public properties associated or contiguous to the campus. University owned non-student faculty/staff residences are located on Loantaka Way and Woodcliff Drive. In addition, the following locations are within the scope of the required statistical collection: buildings and property that are part of the campus; Drew’s non-campus buildings and property; and public property within or immediately adjacent to or accessible from the campus. Clery statistics are compiled for limited public areas adjacent to the campus and all buildings and property contained on the campus. Separate but included statistics are also compiled for residence halls except for non-student housing. Fire statistics and public reports are also maintained for all University properties.
Over the course of recent years, increasing attention has been focused on sexual misconduct on campuses across the country. Consistent with its community and institutional values, Drew has instituted a variety of training and prevention programs, as well as measures to investigate and adjudicate allegations of sexual misconduct. These programs and procedures are described in more detail in a separate section later on in this document or can be found at this link:
If you have been the victim of sexual misconduct, Drew will provide support, counseling, and other resources and will take actions to address that misconduct. Victims are strongly encouraged to report sexual crimes to the Madison Police Department and the Morris County Prosecutor’s Office’s Forensic Nurse Examiner and Sexual Assault Response Team (FNE/SART) Program. These resources can provide important assistance in preserving evidence, as well as counseling and support services.
More information about the variety of options for reporting sexual harassment and misconduct and available resources and support services both on-campus and off-campus, as well as contact information, can be found in the Sexual Harassment and Misconduct section below.
The Department of Public Safety provides safety escorts on request for students, faculty and staff during evening hours. To obtain a safety escort, contact the Drew Department of Public Safety at: 973-408-3379, or 4444 (on-campus).
Members of the Drew Community, as well as visitors and guests, should report emergencies or criminal actions on campus immediately to the Drew Public Safety Department or 911.
Consistent with federally mandated procedures, Drew will immediately determine the content of any notification and notify the campus community when there is a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees, either on-campus or off-campus. That determination will be made by the Drew Director of Public Safety or designee upon verification that a legitimate emergency or dangerous situation exists, including, if possible, confirmation of the scope and nature of the emergency. This judgment will also be made taking into consideration the safety of the campus community and whether a notification would compromise efforts to assist a victim or contain, respond to, or otherwise mitigate an emergency. The Public Safety Director will consult as necessary and/or as they are available, with the Vice President of Campus Life and Student Affairs/Dean of Students, and local law enforcement and/or first responders.
Public Safety personnel have received critical incident response training and are typically the first responders to emergencies and other serious incidents, as described in more detail below. Drew Public Safety, the Madison Police Department and/or Madison Fire and Emergency Medical Services ordinarily respond to and work together to manage emergencies and threats. Depending on the nature of the incident, other Drew resources and state, county, local or federal agencies could also be involved in any response to an incident.
Once an emergency or ongoing threat is confirmed, a campus-wide emergency notification and/or timely warning will be issued, utilizing Drew’s emergency text, voice and/or email notification procedures to alert students, faculty, staff and community members. Determination of the content of the notification, including what information will be disclosed at any given point in time and any required actions (such as evacuation to a safe location, shelter in place away from windows, secure entrances, secure residence halls and/or administrative or other campus facilities), as well as whom to notify, will be made by Drew Public Safety. The actual launch of the notification will normally be the responsibility of the Vice President of Communications, in consultation with Drew Public Safety. In the event that the Vice President is unavailable, that responsibility will lie, in descending order, with the Vice President of Campus Life and Student Affairs/Dean of Students, the Director of Residence Life for Student Engagement, and the Associate Dean of Students.
In the event of an emergency requiring evacuation, the Department of Public Safety will respond initially and determine what appropriate steps can be taken to safely evacuate persons in need. As appropriate, the Madison Fire Department and/or Madison Police Department will be notified of the emergency and the need for assistance in evacuating individuals at risk from structures or locations. The Department of Public Safety will likely advise local authorities of the need for technical expertise or specialized assistance in evacuating persons and take other steps as appropriate to containing the situation and addressing the threat.
Students, faculty and staff are strongly encouraged to sign-up to receive emergency notifications by entering their telephone numbers in the Emergency Notification section of the Drew homepage at: www.drew.edu/Treehouse The Emergency Notification System allows for up to two phone numbers, cell or land lines, to be entered by every student or member of the community. This information, along with the assigned Drew e-mail account, is utilized by the Blackboard Connect system to provide notification, as appropriate to the device selected, via text messages, email and phone calls to registered individuals within the University community. Additionally, non-University visitors may be notified via public address announcements issued by the Department of Public Safety via speakers in the Ehinger Student Center, Tilghman House and the Commons. The Drew Communications Office posts messages concerning emergencies to the University website. In the event an incident occurs that may affect the surrounding community, area residents around Madison receive emergency notifications via the Nixle communications system controlled by Madison Police Department. Drew community members may sign up for Nixle notification at: www.Nixle.com.
The Department of Public Safety Director, or designee, will also issue a timely warning to the University community for Clery Act crimes against persons and property or dangers that occur on-campus or immediately adjacent to the campus, or on longer-term University rented property that are reported to campus security authorities or local police agencies, and are considered by Drew to represent a serious or ongoing threat to students and employees. The Director of Public Safety, in consultation, if possible, with the Vice President of Campus Life and Student Affairs/Dean of Students, the Director of Residence Life for Student Engagement, and/or the Associate Dean of Students, will determine if a situation rises to the level of the need for campus notification. Again, Drew’s emergency notification system, as described above, will be utilized for the issuance of these warnings. Issuance of notifications may be delayed if it would compromise efforts to respond to the threat.
The University’s Emergency Response Plan includes information about: Incident Teams; University operating status parameters; incident priorities and performance expectations; shelter-in-place and evacuation guidelines; and local contingency and continuity planning requirements. Individual University Departments and offices are responsible for developing contingency plans and continuity of operations plans for their staff and areas of responsibility. The University conducts emergency response exercises each year, including table top exercises, field exercises, and tests of the emergency notification systems on campus. These tests are designed to assess and evaluate the emergency plans and capabilities of the institution.
Drew University Public Safety has received training in Incident Command and Responding to Critical Incidents on Campus. When a serious incident occurs that causes an immediate threat to the campus, the first responders to the scene are usually Drew Public Safety, the Madison Police Department and Madison Fire and Emergency Medical Services. Typically, these resources will respond and work together to manage the incident. Depending on the nature of the incident, other Drew resources and state, county, local or federal agencies could also be involved in any response to an incident.
The Drew Department of Public Safety, in cooperation with local law enforcement and fire authorities, has also designed a set of standard operating procedures (SOPs), to guide Drew’s response to serious, immediate threats on-campus, including an active shooter. The objectives are to minimize the risk to uninvolved students, faculty and staff; clear the area; and assist local authorities in resolving the situation. The Director has conducted training sessions for resident directors and assistants and sessions for faculty and staff. These SOPs, including an active shooter plan, have been added to the University’s Emergency Response Manual, which contains specific annexes for a wide range of potential higher education emergencies. The University’s Department of Public Safety maintains this manual and reviews it regularly with other administrative departments to anticipate and respond to emergency management issues. Drills to test and evaluate emergency response and evacuation procedures are conducted on an annual basis.
In order to maintain a healthy, safe environment in the residence halls, room inspections are conducted by Residence Life staff and Facilities staff several times during a semester. Reports are submitted to Public Safety, which also monitors conditions in the residence halls in the course of their regular patrols. Fines are imposed for violations that can cause fire or are fire hazards, including possession of party lights, candles or prohibited electrical appliances, as well as for other infractions. Violations observed in plain view, including alcohol in a room whose occupants are underage, drugs, or a prohibited pet, can result in charges. Fines may be imposed for fire or safety infractions.
The Drew Campus is open to students, families, and their guests. Guests must report to Public Safety. Overnight guests of resident students must be registered with Residence Life. Guest vehicles entering the campus after 7 PM are required to register with Public Safety. During non-working hours, access to administrative and academic buildings will be limited. Some facilities, including athletic, library, and creative arts, will have extended hours based on the nature of the use of that facility. The Drew University campus constitutes private property and reserves the right to require guests or visitors to leave campus.
Residence Life staff are on duty in University residence halls when students are in residence and promptly report disturbances to the Department of Public Safety.
Residence halls are accessed by key card system or key. During breaks, non-occupied halls are locked. Access to residential halls is restricted to residents and their guests. Non-student guests must be signed in by their hosts. Only University personnel or contractors under supervision by Drew employees on assigned duties will be permitted to enter. Public Safety routinely patrols residence halls and will promptly respond to reports of disturbances.
Drew Buildings and Grounds operates and maintains University facilities and grounds and can be contacted at: 973-408-3510.
Prohibited Items: To protect the health and welfare of the University community, the following are prohibited in residence halls. Please note that this is not a complete list, and may be amended if a product is subject to a safety recall, or additional guidance is given by the Madison Borough Fire Department or other source. Consult your Coordinator of Residential Engagement if you are unsure about an item. Any of these items found can be confiscated and discarded at the discretion of the Coordinator of Residential Engagement. Guidance and helpful tips on what to bring when moving into University housing can be found online on the Residence Life and Housing website.
Alcohol and Other Drug Paraphernalia
Flame Producing and Flammable Items/Liquids
Other Prohibited Items
Students and new employees are provided information during orientation on the services and resources available through the Drew Department of Public Safety, as well as by the Madison Police Department. During the academic year, Public Safety, in cooperation with other organizations and departments, present prevention and awareness sessions on sexual assault, date rape drugs, theft and vandalism, as well as educational sessions on personal safety and residence hall security. Public Safety encourages students and employees to be aware of their responsibility for their own security and the security of others while on campus and to be alert to, and report, criminal offenses or suspicious activity. In addition, information is disseminated through crime prevention awareness packets, security alert posters, displays and articles, and advertisements in the Acorn, the student newspaper. When time is of the essence, information is released to the University community through security alerts utilizing text messages, email, and telephone.
In addition to sexual misconduct awareness programming organized by the Title IX Coordinator, the Department of Public Safety’s training emphasizes common sense safety measures to address the continuing problems of property theft and vandalism. Members of the campus community are encouraged to help by becoming aware of crime prevention and security measures. The following suggestions are offered as practical protection measures.
The Department of Public Safety also provides safety escorts on request for students, faculty and staff during evening hours. Transportation to and from classes can also be provided to students in need of assistance as an accommodation. To obtain a safety escort, contact the Drew Department of Public Safety at: 4444 (on-campus).
Drew Department of Public Safety officers are available to speak to any concerned individuals or groups at any time. Meetings are often scheduled through resident assistants early in the academic year to help create campus safety awareness and answer questions. Periodically throughout the academic year, officers are available to hold classes for Drew community members. These include Defensive Driving and Fire Safety. These classes are taught by officers carrying all necessary instructor certifications. Classes are open to all community members and are free of charge (with the exception of any fees required by outside agencies providing attendance certification.)
The Department has officers certified by the American Heart Association to instruct basic first aid and C.P.R. (cardio-pulmonary-resuscitation) and Automatic Electric Defibrillators. Upon successful completion of this class, participants will be able to perform Adult, Child and infant C.P.R. and assist someone in a medical emergency until help arrives. Public Safety has also initiated a student Drew Cadet program, that trains students as EMTs and allows them to ride and respond to medical emergencies on campus and in Madison with the Madison Volunteer Ambulance squad.
The department has at least one officer certified to instruct an eight-hour course in Defensive driving. The course includes reviewing some rules of the road that they have learned before and some that are not known. The instructor also gives tips for foul weather driving and other driving hazards. People that complete this course will receive at least a 5 % discount off of their private vehicle insurance and can are eligible to receive 2 points off of their driving record.
The Drew University Department of Public Safety uses a variety of patrol methods. With our inherent desire to serve the Drew community to the best of the departments’ abilities, it is the Department’s philosophy that officers in the field should be as approachable as possible. This includes placing patrol officers on bicycles. This hands-on approach to patrol has many advantages, including easier interaction with members of the public and access to areas not usually accessible by vehicle. Community policing studies have also shown that members of the public are more inclined to approach an officer on a bicycle than in a vehicle when they have a problem.
Drew works closely with local law enforcement and, consistent with the requirements of the Family Educational Rights and Privacy Act (FERPA), will comply with subpoenas and court orders for the production of records and other information requested by law enforcement. At present, Drew University does not have a written Memorandum of Understanding with local law enforcement agencies. Drew Public Safety meets regularly with the Madison Police Department and periodically with the Morris County Prosecutor’s Office. Madison Police have law enforcement jurisdiction over the Drew campus, and, on occasion, Drew will request their assistance, including in making arrests.
In New Jersey, the Division of State Police administers New Jersey’s sex offender registry. Information about New Jersey’s Sex Offender laws, known as Megan’s Law, and how to obtain information from the State’s sex offender registry, including notification regarding Tier II and Tier III sex offenders can be found at:
Megan’s Law itself can be accessed at: http://www.nj.gov/njsp/spoff/megans_law.html The Campus Sex Crimes Prevention Act and the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Act track convicted sex offenders and requires state law enforcement agencies to provide Drew with a list of registered sex offenders with an indication that they are either enrolled, an employee, or carrying on avocation at Drew University. When made available to Drew, such list will be maintained and available at the Department of Public Safety. Unlawful use of sex offender information is prohibited under State law.
Drew is required by federal law to disclose its procedures for reporting, investigating, and making emergency notifications in the case of resident students who are suspected of being missing. All reports of missing persons made to Public Safety are followed up with an on-going investigation, consistent with best investigation practices, including reporting incidences to and working with law enforcement. If Public Safety determines that a student for whom a missing person report has been filed has been missing for more than 24 hours, then the University will:
Concerns over a missing student should be referred immediately to Drew Public Safety.
In order to assist in the University’s response to reports of the missing student, any student living in on-campus student housing has the option to register a confidential contact person to be notified in the case that the student is determined to be missing, and that authorized campus officials and law enforcement officers may have access to this information. The University will request of students each year that they provide, on a voluntary basis, contact information in the event that the student would be reported officially missing during his or her tenure at the University. Please complete the Emergency Contact Registration form and identify who you would like to be notified in the event you are reported missing.
If a Drew student is suspected to be missing, immediately contact the Department of Public Safety at ext. 3379 or from any off-campus phone at (973) 408-3379. Any notification to anyone or any office other than Public Safety must be communicated to Public Safety immediately. Students can also contact for follow-up and report, after the initial call is made to Public Safety.
Drew’s Sexual Misconduct Policy is designed to educate the members of the University community about each individual’s responsibilities to address sexual misconduct, including domestic violence, dating violence, stalking, sexual assault, and other unwelcome, gender-based or prohibited sexual conduct. Under its Policy, the University will initiate a prompt, thorough, and impartial investigation of any report of sexual misconduct, and will provide effective and reliable processes and procedures for seeking remedies, while affording both the complainant, the person whose rights under this Policy have been alleged to have been violated, as well as the respondent, the person who is alleged to have engaged in misconduct, equal opportunity to understand the basis for any charge, to review any fact-finding, to be heard, and to appeal a decision that is against their interest.
The University will seek to respect the due process rights of each party during the process and provide appropriate support, assistance and information, including aid in contacting law enforcement, if requested. In these matters, the University is committed to working to address the effects of sexual misconduct and preventing its recurrence.
Drew expressly prohibits sexual assault, domestic violence, dating violence, and stalking. In Drew’s Sexual Misconduct Policy and Procedures can be found on-line at: https://www.drew.edu/titleix-eeo-aa/about-us/title-ix/sexual-misconduct-policy-and-procedures/ Drew University seeks to address sexual misconduct by providing training, education, and awareness to members of the campus community, assistance to those in need, and internal administrative conduct processes to determine whether violations of the Policy have occurred, and if so, what sanctions to impose. Members of the community are encouraged to report instances of sexual misconduct.
Complaints of sexual misconduct may be made in writing or in person to the Title IX Coordinator, the Dean of Students Office, or the Department of Public Safety, or another designated University official.
In emergencies, including in the aftermath of a sexual assault, particularly after hours, individuals are strongly encouraged to contact Public Safety at 973-408-3379, immediately. When appropriate, Public Safety will issue a campus wide alert (Timely Warning) for the protection of the University community, without revealing an individual’s identity. The Drew Department of the Public Safety will also record the incident anonymously in the Clery Act crime log, and will withhold information from the log that would jeopardize the confidentiality of the victim, to the extent permitted by law. Incidents are recorded to assist the University in prevention and educational programming and in meeting its reporting obligations.
The information you provide in this form will be kept as confidential as is reasonably possible, although you should understand that the accused may be provided notice of your complaint. You may make this complaint anonymously, but please understand that doing so may impair the University’s ability to conduct an effective fact-finding inquiry.
Any questions about this form may be directed to Dr. Frank C. Merckx, Drew’s Title IX Coordinator and Vice President of Campus Life & Student Affairs/Dean of Students (firstname.lastname@example.org, 973-408- 3390; located in the EC, Suite 147).
Public Safety is available 24/7 at 973-408-3379 (a Public Safety incident report may also serve as part or all of the written complaint)
Further details about reporting options, including a link to an on-line reporting form, can be found on the University website – https://www.drew.edu/titleix-eeo-aa/. Drew University also provides complainants with written notification about options for, and available assistance in changing academic, living, transportation, and working situations and other interim measures.
Students and other members of the campus community are encouraged to consider the University’s obligations in the event of a report of sexual misconduct, and to discuss with available confidential counselors any concerns they may have over the initiation of an investigation or the disclosure of student educational record information.
In matters involving allegations of sexual misconduct, a complainant’s request for confidentiality will be evaluated and typically observed, however, Drew may nonetheless be required to conduct a fact-finding in order to address ongoing or potential threats at the discretion of the Title IX Coordinator, or designee. Consistent with Drew’s Sexual Misconduct Policy, these instances will be limited and Drew will make good faith efforts to limit the disclosure of that information to individuals involved in handling the school’s response and to maintain information in a secure manner. However, a student’s request that his or her identity not be disclosed to a potential respondent, or that fact-finding not be commenced, could limit Drew’s ability to respond fully to the incident and could preclude Drew from pursuing disciplinary action against the accused.
Retaliation for reporting an incident of sexual misconduct or for providing information is prohibited under state and federal law and by University Policy and can result in disciplinary action against the person retaliating.
When the University decides in good faith to conduct fact-finding, the Title IX Coordinator and Dean of Students, will weigh the request not to proceed against the University’s obligation to provide a safe, non-discriminatory environment for the entire community and determine whether the request can be honored.
Some of the factors weighed may include but are not limited to the following:
Matters reported to confidential counseling services available both off-campus and at Drew, including Drew’s professional counseling and Health Services, and off-campus resources, will be maintained as confidential and privileged, consistent with State Law, and will not result in fact-finding without consent. These resources can provide important support and advice and are listed in the Counseling Section and the Contacts and Resources section.
Should fact-finding be initiated in response to a complaint, Drew will request anyone involved in the process to keep information related to a specific fact-finding and/or complaint 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 with respect to matters that result in fact-finding and/or hearing. In addition, the University will use its best efforts not to disseminate information about an inquiry or complaint beyond those who have a need to know basis for information.
In the event of any conflict between these summaries and the published procedures and policies, the published policies and procedures govern. Drew will seek to support and provide assistance to victims of sexual misconduct.
Once a report of potential sexual misconduct is received, that report will be evaluated by the Title IX Coordinator, or designee, along with any request for confidentiality or that fact-finding not be initiated. After reviewing a report or complaint of sexual misconduct, a variety of initial actions may be taken, including a preliminary inquiry, administrative action, including interim measures, such as mediation, referral for additional fact finding, referral for handling under a different policy, or dismissal. 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 that an allegation involving a violation of the Sexual Misconduct Policy has been made and that fact-finding has been commenced. Both parties have the right to have a silent supporter of their choosing present during any administrative meeting, including fact-finding.
Fact-finding involves an inquiry into the facts and circumstances of an allegation that the University’s Sexual Misconduct Policy has been violated. Fact-finding includes efforts to identify pertinent information, interview pertinent witnesses, and collect pertinent records. Both the complainant, the person whose rights under this Policy have been alleged to have been violated, as well as the respondent, the person who is alleged to have engaged in misconduct will be interviewed and asked to identify potential witnesses or sources of information during fact-finding, including witnesses, e-mails, texts, photos, or other materials.
After fact-finding is concluded, a Summary Report is prepared and submitted to the Title IX Coordinator, or designee and to the designated conduct officer, the Director of Student Conduct and Community Standards, in the case of students, to the Human Resources Director or designee, in the case of staff, and to the Dean or designee, in the case of a faculty member.
The Director of Student Conduct and Community Standards (or HR Director or Dean) reviews the Summary Report and may dismiss the matter on the grounds that the Summary Report fails to identify facts that would support a finding of a policy violation, which decision can be appealed within five days by submitting a written appeal as provided under the appeals procedures. If a matter is to be heard administratively, summary notice of the charges will be provided to both the complainant and the respondent and the conduct officer will schedule an initial meeting with each to review the Summary Report.
Following the initial meeting, the conduct officer will then meet separately with the complainant and the respondent in order to:
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 the evidence. Prior conduct violations may be a factor in determining sanctions. The preponderance of the evidence standard reflects current guidance in fall 2017.
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:
During the course of responding to instances of sexual misconduct, Drew provides resources and options to the complainant as well as those accused to support them through the process. Drew encourages sexual misconduct to be reported both to law enforcement and internally.
The Student Health Service and Counseling Center provide medical care and counseling for all survivors of sexual assault, or other forms of violence, regardless of gender. Support is also available for those accused of sexual misconduct.
Victims of sexual assault or other acts of violence, even if physical injuries are not apparent, are strongly encouraged to have a medical examination and discuss with a health care provider the risk of exposure to sexually transmitted diseases and the possibility of pregnancy resulting from the sexual assault. If individuals suspect that individuals may have been given a rape drug, ask the hospital or clinic where individuals receive medical care to take a urine sample.
Victims may also choose to be seen at the Student Health Center (973-408-3414) for injuries, testing for sexually transmitted diseases, emergency contraception, and counseling and the McClintock Center for Counseling.
Victims of sexual assault or dating or domestic violence may prefer to be taken to a local hospital for medical attention:
If students or staff wish to be transported to the hospital, they are encouraged to contact Public Safety at 973-408-3379. All students and employees will receive full and prompt cooperation from campus personnel in obtaining appropriate medical attention, including providing free and prompt transportation to the nearest designated hospital for medical’s assistance and/or forensic examination.
Students who have been sexually assaulted, or the victim of relationship violence or stalking, are encouraged to talk on campus with a professional Drew University counselor. Professional staff at Drew’s McClintock Center are trained to assist victims with the emotional and physical impacts of the incident.
Students may receive confidential counseling during work hours, free of charge, from Drew’s counselors by contacting the McClintock Counseling center. The Counseling Center is open Monday-Friday, 9a.m. – 5p.m. during the fall and spring semesters, and students are encouraged to walk in or call 973-408-3398. Students are also encouraged to call Public Safety, 973-408-4444 (emergency number, available 24/7). Appointments may be made by calling (973) 408-3398 from 9 a.m. to 5 p.m. Monday through Friday. After hours and on Saturday and Sunday, consultation for students is available by calling Public Safety at 973-408-3379.
In addition to training and awareness programs explained later in this document, Drew University created a Title IX/VAWA web page(s), located on the University’s website, to provide education, policies and procedures, reporting options, complainant and respondent’s common rights, interim measures, sanctions and on-campus and off-campus resources in the contexts of Title IX and VAWA. The web page URL and link is: https://www.drew.edu/titleix-eeo-aa/. Drew’s Title IX Coordinator advertises the web page(s) to students and staff, respectively.
In addition to the Title IX/VAWA web pages, Drew created a brochure, providing general education, information on preservation of evidence, information on prevention of violence, reporting options, rights, tips and on-campus and off-campus resources in the context of sexual assault, dating violence and stalking (“VAWA Brochure”). This Brochure is given to the Drew University community and utilized at trainings, orientations and other public awareness events.
Drew provides a “Complainants and Respondents Resource Packet” to all individuals reporting sexual misconduct. The Dean of Students, Title IX Coordinator, Public Safety, Health Center, Residence Life, and Counseling Center staff provide the same packets of resources including flow charts, brochures, Common Rights forms, as well as resource information both on- and off-campus. Individuals reporting sexual misconduct are provided the packets and informed that the Title IX Coordinator will be following up with them regarding their wishes to proceed and options under the Drew Sexual Misconduct Policy and related procedures. All of the contents of the packets can also be found on Drew’s website at: https://www.drew.edu/titleix-eeo-aa/.
These sexual misconduct resources are available to the Drew University community on the Title IX, EEO, and AA website:
Members of the campus community are also advised that in the event of a sexual assault, a victim may pursue legal remedies later on after reflection. In order to preserve options, however, it is recommended that a free Sexual Assault Forensic Examination (SAFE) be considered. Physical evidence of an intimate nature is most effectively obtained within 72 hours or five days of a sexual assault, although exams will be performed up to 120 hours after the assault. If anyone is planning to have a SAFE examination, please preserve all physical evidence of the assault. They should not bathe, shower, douche, brush their teeth, or eat or drink (this can be done after the examination). It is critical that other evidence be preserved as well. Care should be taken to avoid washing and any articles of clothing worn during the assault should not be thrown away. Those items should be placed in a paper bag (plastic may break down the evidence), with each separate item in a separate bag if possible (paper bags are available from Public Safety).
Drew University encourages reporting of incidents of sexual misconduct, relationship violence, and stalking. The University recognizes that a student who has been drinking or using drugs at or near the time of an incident may be hesitant to make a report or to respond fully during an investigation because of potential consequences under the Student Code of Conduct found in Daniels Dictionary on Drew’s website for his or her own behavior. A student involved in informal or formal complaint procedures under this policy, either as complainant, respondent, or witness, will not be subject to disciplinary action under the University’s Code of Conduct for his or her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations were not reasonably likely to place the health or safety of any other person at risk. The University may initiate an educational discussion, or pursue other educational remedies regarding alcohol or other drugs to protect the health and well-being of the student.
Drew University, and its employees, will not retaliate, intimidate, threaten, coerce or otherwise discriminate against individuals for exercising any rights or responsibilities under the University’s Policy on Sexual Misconduct, or for exercising any other rights described in this Security Report, or under federal or state law relating to sexual assault, relationship violence or stalking.
If a person is sexually assaulted, or is the victim of relationship violence or stalking, that individual also has the option of notifying the appropriate law enforcement officials, including local police. Victims of criminal acts have the right to file criminal charges or to decline to notify law enforcement. Upon request, Drew Public Safety, as well as the Title IX Coordinator or faculty or staff serving as an advisor/silent supporter, will promptly assist individuals in contacting law enforcement officials. If a person wishes to notify law enforcement, but is unable to do so, the University, typically through Public Safety, will promptly do so with that person’s consent.
Anyone who has been the victim of a sexual assault or other sexual misconduct has the right not to report the incident to criminal authorities.
Local law enforcement can be contacted at:
In addition to seeking interim measures through Drew’s internal processes, victims of relationship violence may be entitled to obtain a protective or restraining order against their alleged abuser. Protective orders can require the abuser to stay away from someone, leave the home, provide emergency family maintenance, and to attend counseling. Drew University Public Safety can also enforce University-imposed no-trespass orders against individuals who are not members of the University community and Campus Life and Student Affairs can impose no contact orders and other appropriate interim measures while the fact-finding and adjudicative processes are ongoing. Drew Public Safety, the Dean of Students Office, and the Title IX Coordinator can provide assistance in contacting law enforcement or in obtaining support, health services, or counseling.
The University process and the criminal law system are independent from each other, and complainants may file complaints with either or with both systems. Because the standards for finding a violation of criminal law are different from the standards in the Drew’s policy, criminal investigations or reports are not determinative of whether a violation will be found to have occurred under that policy, nor does a finding of responsibility made under that policy constitute a criminal conviction. Drew University may institute disciplinary procedures against an accused student, faculty member, or staff member regardless of whether any criminal charges are filed. Persons accused of sexual assault, relationship violence or stalking may be removed from campus pending disciplinary action or criminal procedures to avoid additional conflict within the community, to protect the safety of all those involved, and of the campus community.
Protective measures can assist and protect individuals. Any protective measures provided will be maintained as confidential to the degree possible without impairing the ability to provide the accommodations or protective measures. Potential protective measures may include, but are not limited to: imposing no contact orders, imposing interim suspensions, changing residences, adjusting or modifying work schedules, locations, or situations, restricting access to buildings or grounds, changing transportation, permitting withdrawal/removal from a course, and providing academic support, including tutoring and adjusting academic schedules.
The accommodations provided to the complainant described above will be maintained confidentially to the extent that maintaining such confidentiality will not impair the ability of the University to provide the accommodations.
More information about Interim Measures may be found in Daniels Dictionary. This can be found in its entirety: https://uknow.drew.edu/confluence/display/Handbook/Daniel’s+Dictionary
In the case of students, sanctions may include but are not limited to:
Revocation of Admission: Admission to the University may be revoked for fraud, misrepresentation or a violation of the University policies.
Revocation of Degree: A degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
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.
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.
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.
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 re-entry 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.
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.
Restriction: The student is restricted from 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.
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. 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.
Residence Hall Relocation: Room re-assignment to another residence hall or floor.
Warning: Written notification to the student that any repetition of the behavior will result in more severe disciplinary action.
Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
Disclosure: In certain cases, deemed appropriate by the proper authorities, information on an offense may be disclosed to individuals or the entire University community.
Parental Notification: In an effort to provide support and assistance to students, the University, in accordance with the Family Educational Rights and Privacy Act (FERPA), may notify parents or legal guardians of students who have violated the University’s Alcohol or Drug policy in which there is a health and safety emergency.
Discretionary Sanctions: Educational assignments, essays, training, assessment, service to the community with a specified length of time, or other related discretionary assignments.
Violations of Drew’s Sexual Misconduct Policy by employees may result in a variety of sanctions and can include severe penalties including termination, suspension, mandatory education, letters of reprimand, being placed on a performance improvement plan, as well as training, counseling, warnings, or other outcomes appropriate to the underlying violation.
The sanctions described in the policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by outside authorities.
Drew University is committed to providing effective educational, training, and awareness sexual misconduct programs to all students, faculty, and staff. These programs intended to prevent dating violence, domestic violence, sexual assault, and stalking. Drew strives to ensure that the programs are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome. The programs also consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels. Drew programs are designed to provide the following information:
Information about how the institution prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking;
The definition of ‘‘dating violence,’’ ‘‘domestic violence,’’ ‘‘sexual assault,’’ and ‘‘stalking’’;
The definition of effective ‘‘consent,’’ in reference to sexual activity,
A description of safe and positive options for bystander intervention;
These are community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration. Programming is specifically targeted towards incoming students and new employees to Drew University.
At Drew University these programs include the following:
This Committee includes a broad spectrum of stakeholders across the University community including students who provide input on themes for monthly programs designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence. All of the training is provided with cultural competency and LGBTQ inclusivity. The committee also provides input to policy and procedures in order to adapt these to trauma informed processes and continually improve University response to sexual violence. The Title IX/EEO/AA committee is formally charged with advising the Title IX/EEO/A Coordinator on matters relating to the University’s compliance with Title IX Education Amendments of 1972 and Title VII of the 1964 Civil Rights Act, as well as, state of New Jersey civil rights laws and Drew’s sexual misconduct and human rights policies and related procedures. These deal with nondiscrimination on the basis of sex and other EEO categories in education programs and activities receiving or benefiting from federal financial assistance. Specifically, the committee is charged with monitoring, evaluating, and determining if equity exists in the in areas related to sex discrimination such as: Sexual Harassment, Stalking, Domestic Violence, and Dating Violence or discrimination based on an EEO category. This committee will monitor prevention programming related to these areas and make recommendations for programming to the Title IX/EEO/AA Coordinator, who will then communicate recommendations to the VP for Campus Life and Student Affairs, Sara Waldron. The appointment to this committee is done by the University Title IX/EEO/AA Coordinator. The Committee has four workgroups: LGBTQ, Climate Survey, Prevention and Education, and case monitoring/policy advisement.
Opportunities for student involvement are critical for establishing a strong student support system on campus. While approaching faculty, staff, or those seen as superiors may be off-putting for survivors or those interested in helping, the Title IX Office would like to implement a student-based faction within the community to work with Title IX Coordinator, on establishing prevention programming, awareness, and education. The Board will meet once a month with the University Title IX Coordinator.
Online Alcohol, Drug, and Sexual Assault Education for all first year students.
“SCREAM Theatre” during New Student Orientation: Intensive, interactive Peer to Peer performance of sexual assault and misconduct scenarios, including a Q & A with the audience
“Beyond the Books”: Presentation to all incoming students and parents during summer orientation. Presents the reality of substance use/abuse and sexual misconduct on campus. Also informs students and families of campus policies, consequences for violating policies, and campus support services.
“Be an Upstander” – Upstander intervention training during New Student Orientation is designed to educate students on when and how to step up and intervene to prevent a potentially dangerous situation of substance overuse and/or sexual misconduct. Program is delivered during New Student Orientation.
“Paving the Way”: Alcohol Education program presented during fall New Student Orientation
“DV8 Peer Education”: Provides awareness activities and events on an ongoing basis throughout the year.
“New Social Engine”: Provides alcohol free programs and events on an ongoing basis throughout the year.
“Take Back the Night”: Campus march and testimonials of sexual assault and abuse
“Clothes Line Project”: Students and community members decorate t-shirts with testimonials or words of support for survivors/victims of incest, sexual assault, and domestic and dating violence
“Denim Day”: Sexual assault awareness program, including personal testimonies and presentation of information about available resources. Programming is presented in conjunction with local community programs and care providers, including Morris County Cares, Jersey Battered Women’s Services (JBWS), 5K.
“Rape Resistance Training”: For credit class on physical tactics for self-defense
Faculty/Staff/ Training Program provided to new employees by Title IX Coordinator
RA Training by Title IX Coordinator
Residence Life Training by Title IX Coordinator
Climate Survey – ARC 3 completed in spring 2017
Action Plan Developed from Climate Survey
Full list of 2016 prevention programming can be found on the University Website here: https://www.drew.edu/titleix-eeo-aa/about-us/title-ixeeoaa-events/proposed-201718-programming/
Individuals with specific responsibilities relating to Drew’s Policy on Sexual Misconduct will receive additional training as required to fulfill those responsibilities effectively. These individuals include the campus Title IX coordinator, investigators, decision makers, advisors, and public safety officers, as well as the Coordinator for Residence Life and Student Engagement and his/her staff. This training includes annual training on the dynamics of sexual misconduct, relationship violence and stalking. This training is delivered through in-person sessions, attendance at conferences, presentations by experts, and on-line courses and webinars. The programs will, where necessary, include trauma-informed training to prevent process administrators from traumatizing participants in the investigation process and to enable them to understand the impact of trauma on victims and survivors. Training is also provided to targeted employees regarding their reporting obligations under Title IX, including their obligation to report incidents of sexual misconduct, relationship violence and stalking to the Title IX Coordinator and how to handle requests for confidentiality. This training will be provided through in-person information sessions that will be made available to all employees through the Title IX Coordinator and is available for request online on the University’s webpage.
In New Jersey, the Division of State Police administers New Jersey’s sex offender registry. Information about New Jersey’s Sex Offender laws, known as Megan’s Law, and how to obtain information from the State’s sex offender registry, including notification regarding Tier I and Tier II sex offenders can be found at:
Megan’s Law itself can be accessed at: http://www.nj.gov/njsp/spoff/megans_law.html
Federal legislation, the Campus Sex Crimes Prevention Act and the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Act track convicted sex offenders and requires state law enforcement agencies to provide Drew with a list of registered sex offenders with an indication that they are either enrolled, an employee, or carrying on a vocation at Drew University. When made available to Drew, such list will be maintained and available at the Department of Public Safety. Unlawful use of sex offender information is prohibited under State law.
Sexual misconduct, including domestic violence, dating violence, stalking and sexual assault, are prohibited under state and federal law, as well as by Drew University’s Sexual Misconduct Policy. The Policy represents Drew’s commitment to creating and maintaining a diverse and open educational community that addresses unwelcome, gender-based or sexual conduct, redresses its effects, and prevents its reoccurrence. It is intended to educate the community about sexual misconduct 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 and encourages the reporting of these matters to the Police.
Under this Policy, each member of the University community is expressly prohibited from verbal, physical, written, or any technology-based conduct that constitutes sexual misconduct, including domestic violence, dating violence, stalking, and sexual assault. All members of the University community are required to familiarize themselves with the content of the Policy as well as with its procedures. Ongoing training and awareness programs, including written, in-person and/or on-line education and training are and will continue to be made available to the community.
Drew University does not discriminate on the basis of sex or gender 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. Inquiries regarding the application of Title IX, the Violence Against Women Act, or this Policy may be made to the University’s Title IX Coordinator: Dr. Frank C. Merckx, 36 Madison Avenue, Madison, NJ 07940 (Ehinger Center, Suite 147) at (973)-408-3390; or at: email@example.com. Complaints of sexual harassment or misconduct may also be reported to the Campus Conduct Hotline at 1-866-943-5787 or at: firstname.lastname@example.org.
Drew encourages accurate and prompt reporting of all criminal acts to the Madison Police, the Morris County Prosecutors Office, and to Drew Public Safety. Faculty and employees should report incidences of sexual harassment and misconduct to the Title IX Coordinator or to Public Safety for anonymous, statistical logging and reporting in the Annual Security Report. When a victim is unable to report sexual misconduct or a sexual assault, the University will disclose education record information related to that offense to law enforcement without consent if necessary to protect the health or safety of the student, other individuals, or the community. Other persons to whom these incidents should be reported and their contact information are listed on the contacts and resources tab.
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, gender, 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 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. Questions or concerns regarding Title IX, Section 504, equal opportunity or affirmative action should be directed to: Inquiries regarding the application of this Policy may also be made to the University’s Title IX Coordinator: Dr. Frank C. Merckx, 36 Madison Avenue, Madison, NJ 07940 at: (973)-408-3390; or email@example.com. His office is located in the Ehinger Center, Suite 147.
For further information on notice of non-discrimination,
New Jersey, New York, Puerto Rico, Virgin Islands
Office for Civil Rights
New York Office
U. S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: (646) 428-3800
Facsimile: (646) 428-3843
Portions of this Policy were adopted from models from NCHERM, with permission.
The University encourages anyone experiencing sexual misconduct to make use of the variety of resources that are available to members of the University community. The primary resources for reporting a complaint are: the University’s Title IX Coordinator: Dr. Frank C. Merckx, 36 Madison Avenue, Madison, NJ 07940 at: (973) 408-3390 or firstname.lastname@example.org. Other contacts include: Drew Public Safety, and the Campus Life and Student Affairs staff listed further below. Reports may also be read made to the Office of the Dean of the faculty member experiencing the misconduct. Complaints of sexual misconduct may also be reported to Drew’s e-mail hotline, email@example.com or by phone to the Campus Conduct Hotline at 1-866-943-5787.
Local and county law enforcement may be contacted as well as Drew Public Safety which can provide assistance in making these contacts.
The Drew University Public Safety Department can be contacted at: (973)-408-3379; or at x4444.
Drew’s Employee Assistance Program (EAP) can be contacted directly at: CONCERN EAP 800-242-7371 or through Drew Human Resources, at 973-408-3223.
Health Services can be contacted at: 973-408-3414 or Fax: (973)-408-3031.
Additional off-campus resources include:
Morris Cares, which works with SART, maintains a 24/7 hotline and can be contacted at: (973) 829-0587 and more information about their services can be found at: http://www.atlantichealth.org/morristown/our+services/behavioral+health/sexual+assault+program
JBWS can provide support and resources to persons of any gender for Dating or Domestic Violence or Stalking. JBWS can also provide legal services related to restraining orders, and can be contacted at their 24-Hour Helpline: (973) 267-4763, or at: firstname.lastname@example.org, or by mail at: JBWS, P.O. Box 1437, Morristown, NJ 07962. More information about their services can be found at: http://jbws.org/
Jersey Center for Non-Violence is a program sponsored by JBWS to help persons of any gender examine the use of force and/or abuse within intimate relationships and to learn alternatives. They can be contacted at: Email: email@example.com; Fax: 973-539-4068; or Phone: 973-539-7801. Their program, Counseling for Women through Vista can be contacted at: 973-539-780. Their program, Counseling for Men and Boys, can be contacted at: 973-539-7801. More information about their programs and services can be found at: http://www.morrissussexresourcenet.org/search/jersey-center-for-non-violence-jcnv/
Complaints of sexual misconduct may also be reported to the Campus Conduct Hotline at 1-866-943-5787 or at firstname.lastname@example.org.
Where there is no emergency, complaints of sexual misconduct may also be reported to the Campus Conduct Hotline at: (866)-943-5787.
The National Stalking Resource Center can be reached at: http://www.victimsofcrime.org/our-programs/stalking-resource-center
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
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/
Students experiencing visa or immigration problems should contact Laura Arthur, the Drew Director of International Student and Scholar Services. In addition, assistance can be obtained from a variety of external resources found here:https://www.immigrationadvocates.org/nonprofit/legaldirectory/search?state=NJ
University officials who can be contacted to report an incident include:
The purpose of the Drew University Alcohol and Other Drug Policy is to promote student responsibility, respect for the community and self, and to establish a University community that is safe, healthy, and conducive to serious academic endeavors. While students must define their own values and make their own choices, the University expects all of its members to comply with both Drew University Policy and federal, state, and local laws as they apply to alcohol and other drugs. The University holds students accountable for the decisions they make, particularly when they have an adverse effect on the health and safety of the community, on the quality of life of other students, on the learning environment, or on the students themselves. To support student responsibility, the University offers a wide range of educational and counseling services that provide accurate alcohol and other drug related information and evaluation. In addition to the formal services, students can gain support from faculty, staff, and other members of the community. The policy provides a range of sanctions yet students should be aware that law enforcement may also be involved leading to arrest and charges in the appropriate venue.
The policy seeks to establish clear community standards around alcohol and other drugs. While the policy defines guidelines for the consequences of various behaviors, the context of those behaviors will be considered when policy violations are adjudicated. Therefore, the most severe consequences will result from situations involving illegal possession, consumption, distribution or sales of controlled substances, hosting or serving to minors, and for high risk alcohol behaviors. Repeat offenders may face a higher level of sanction.
Entering a university setting for many necessitates a new level of independence. Students have the privilege of making their own decisions, as well as the outcomes of those decisions. Keeping this in mind, the University encourages students to be responsible for their actions and will use parental/guardian notification as a partnership, including informing parents/guardians of the potential health and safety concerns and/or significant sanctions.
Students who need assistance in addressing concerns regarding alcohol and other drug use/abuse for themselves or others are encouraged to contact Drew’s Alcohol and Other Drug counselor at 973-408-3318. Additional information is found at: http://www.drew.edu/Counseling/services/substance-awareness-and-education
The “Good Samaritan” Medical Amnesty policy exists to safeguard students so they receive the help they need without fear of penalty or retribution. Students who seek emergency medical attention for themselves, or for a student whom medical assistance is needed, for consumption of alcohol and/or other drug overdose will not be charged with alcohol or other drug violations of Daniel’s Dictionary, the Drew University code of conduct, providing they:
To honor the culture of respect of self and others, this policy is only for those students who activate the assistance and not for those found by university employees. You should always call for assistance if you need it, or if you see someone in need. To activate medical assistance, call Public Safety at 973-408-4444 or 4444 from a campus phone.
Additional information about local and state Medical Amnesty laws is in the section below.
According to the Social Host Law of New Jersey, a host accepts a level of responsibility for guest behavior, the amount of alcohol consumed, and any injury that occurs due to drinking. In order to reduce the risk of incidence, common sources, high-proof alcohols (over 100 proof), “jungle juice” and progressive parties are specifically identified. Those stated either encourage excessive drinking, or make it difficult for the host to monitor the amounts of alcohol consumed.
Residents holding a function in their living unit where an alcohol violation is taking place are considered hosts. All residents on the roster who are present during the time of the incident will likely be regarded as the host and subjected to disciplinary actions.
The University will sanction those involved with hosting a function and/or providing alcohol differently from an individual attending the function. The goal is to increase education and awareness of the responsibilities that go along with hosting and living in a community. If a member of a room/suite is found responsible for hosting, then all members of the room/suite may be placed on “Social Host Probation.” Those who are documented for and found responsible for hosting a party will have the amount and type of alcohol confiscated considered during adjudication.
On an interim basis, students involved in hosting a function where an alcohol violation has allegedly occurred may be immediately placed on Social Host Probation. Final outcomes, including and sanctions, will be determined through the student conduct process.
Students should be familiar with the penalties that can happen via a third party and NJ Social Host Law.
Use of Alcohol
Level 1 Alcohol Offense
Level 1 Adjudication—Potential sanctions
Level 2 Alcohol Offense
Level 2 Adjudication—Potential sanctions
Level 3 Alcohol Offense
Level 3 Adjudication—Potential sanctions
Drugs (“controlled substances”) are defined as including all illegal drugs and misused legal drugs, both over-the counter and prescription, synthetic and other derivatives. Commonly acknowledged drug paraphernalia is defined as equipment, products, or materials of any kind intended for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
Students may not consume or be in possession of any controlled substance or commonly acknowledged drug paraphernalia, as defined above. Possession means that such substances are on one’s person, in one’s living environment, automobile, or known hiding location. If a student is hosting a guest, possession extends to their guests.
Students should be aware that federal law dictates that any conviction in a court of law regarding controlled substances may lead to a loss of financial aid for a set period of time.
• Probation effective for the remainder of time enrolled at Drew
• Suspension from residence halls. Commuter students will be restricted from access to and around the residence halls.
• Required substance abuse assessment and compliance with recommendations. Failure to complete an assessment and recommendations may impact a student’s ability to register for courses or remain in University Housing.
• Educational activity or service to the Drew community
• Parental/guardian notification via copy of sanctioning letter or phone call.
• No board positions in co-curricular activities for the duration of probation
Drew prohibits the unauthorized use, possession, storage, manufacture, distribution, and sale of alcohol, controlled substances and illegal drugs on Drew’s campus or while engaged in business on Drew’s behalf, including illicit activity conducted in Drew vehicles at any time.
In view of the University’s commitment to educate and support the growth and development of the whole person, a full-time NJ Licensed Clinical Alcohol and Drug Counselor is available to anyone in the campus community during the academic year. If you or someone you know may have a problem with alcohol and/or drugs, the counselor provides assessment, education, and individual and group counseling. Referrals off-campus and to local support groups are also available.
Call 973 – 408 – 3318 for assistance.
Under New Jersey law, it is illegal for anyone under the age of 21 to:
Madison Borough Ordinance: Alcoholic Beverages, Possession and Consumption by Minors on Private Property
The Borough of Madison prohibits possession and consumption of alcoholic beverages by minors on private property, including on the Drew campus, or in public. An Ordinance, amended in 2013 and found in the Borough Code does contain a provision protecting minors who contact 911 to report another minor in need of medical assistance as a result of alcohol consumption. If you are in this situation, Drew strongly encourages you to immediately report a medical emergency. The Madison Borough Code § 233-1 states: Possession or consumption by persons under legal age on private property prohibited; violations and penalties:
Both federal and State law prohibit the possession, use, or distribution of illicit drugs. Understanding the consequences of violating these laws is critical. The consequences of drug possession, use, and distribution vary depending on the type of drug and the quantities involved. Strict penalties are provided for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, provides an overview of federal penalties.
A federal drug conviction may result in the loss of federal benefits including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in the denial of federal benefits for up to five years for a first conviction, 10 years for a second conviction, and a permanent denial of benefits for a third conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
Penalties for federal drug trafficking convictions vary according to the quantity of the substance involved in the transaction. The list below is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe. If death or serious bodily injury results from the use of a controlled dangerous substance that has been illegally distributed, the person convicted on federal drug charges of distributing the substances faces a mandatory life sentence and fines ranging up to $8 million. Persons convicted on federal charges of drug trafficking within 1,000 feet of a school (21USC 845a) face penalties of prison terms and fines that are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
The New Jersey Comprehensive Drug Reform Act (N.J.S.A. 2C: 35-1 et seq.) created new offenses, increased penalties for some existing offenses to “ensure the imposition of stern, consistent punishment for all drug offenders,” and transferred all drug offenses into the State’s Code of Criminal Justice. The Drug-Free School Zone Law (N.J.S.A 2C:35-1.1) imposes increased penalties and sanctions on those found to possess drugs within a Drug Free School Zone. Drew University is within 1,000 feet of an elementary school and a nursery school and, therefore, is within a drug-free school zone as defined under New Jersey law. That physical proximity subjects people who possess or deal drugs on campus to the possibility of being subjected to serious criminal penalties. Any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance anywhere at Drew is subject to arrest, time in jail, and a fine up to $150,000 depending upon the amount of substance possessed. During part of this term of imprisonment there is no eligibility for parole.
Simple possession, use, or being under the influence of:
In addition to the foregoing fines, every defendant who is convicted of any drug offense or who goes into a drug diversionary program must pay a mandatory penalty ranging from $500 to $3,000 and a mandatory $50 laboratory fee. The Act provides that any person, 18 years or older, who uses, solicits, or directs a juvenile (17 years or younger) to manufacture or distribute drugs is guilty of a second degree crime and is subject to imprisonment for 5-10 years and a fine up to $300,000.
The Drew University Public Safety Department prepares this report in order to meet its obligations under federal law, including the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. This report is prepared under the direction of the Director of Public Safety, in consultation with Drew Campus Life and Student Affairs and Legal Affairs, and in cooperation with local law enforcement agencies with jurisdiction over the Drew campus and other locations as defined below in the Location Definition section. The Office of the Dean of Students also provides information included in Drew’s statistical reporting. The reported statistics are drawn from crime reports, arrests and internal administrative conduct or disciplinary referrals.
University faculty, staff and administrators, as well as student employees and volunteers with the responsibility for supervising students or responsibility for their welfare are required to report Clery Act offenses, including sexual harassment or misconduct offenses such as domestic violence, dating violence, stalking, or sexual assault to me Drew Department of Public Safety. This obligation does not extend to employees with legal privileges generally precluding disclosure, such as psychological or psychiatric counselors, medical staff, or ministers in a pastoral function.
Other Drew employees must report instances of sexual harassment or misconduct, including domestic violence, dating violence, stalking, or sexual assault when they become aware of such acts or reports.
Each year, Drew Public Safety will provide a link to this report through an e-mail notification to all enrolled students. The crimes, listed in Appendix A below, and as defined under the Uniform Crime Reporting Handbook, are mandated by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to be reported.
Drew’s statistics consist of an itemization of the number of reports regarding such offenses as received by officials with significant responsibility for student and campus activities and are compiled by Drew Public Safety. This information is distributed annually on or before October 1 through the Public Safety’s Annual Safety Report (ASR), to all current students, faculty and staff. The report also includes incidents not reported to the police that may have been reported confidentially to a campus security authority.
The report also contains statistics for arrests and referrals to the campus conduct process for liquor law violations, drug abuse violations, and weapon law violations. Under the Clery Act, Drew is required to report statistics for the specified offenses, notably weapons, drug, and liquor law violations that are referred for disciplinary action. As a result, the statistics include the referral of matters that result in the initiation of disciplinary action for which a record is kept and which may result in the imposition of the sanction. These matters are handled by the Office of the Dean of Students and the Office of Student Conduct and Community Standards.
Federal law also requires that all hate crimes in the mandated categories be reported. Those crimes are further categorized by the nature of the bias, i.e. race, gender, religion, sexual orientation, ethnicity and disability. Additional information about the locations and geography for which offenses must be reported may be found later on in this document in the Location Definition section below.
Obligation to Report Serious Criminal Offenses to Public Safety
Drew administrators and staff are obliged to provide to Drew Public Safety any reports that come to their attention of criminal offenses required under the Clery Act and listed below. This obligation extends to: senior administrators, including the President, vice presidents, assistant vice presidents, deans, associate and assistant deans, directors, assistant directors, residence directors, resident assistants, coaches, managers, coordinators and all Public Safety personnel. These personnel groups are designated as Campus Security Authorities (CSAs), as they are most likely to receive reports directly from students or other staff regarding crimes. The obligation to report does not extend to crimes reported to a pastoral or professional counselor or medical personnel.
Crimes that must be reported to Public Safety and disclosed include: criminal homicide, murder and non-negligent homicide, negligent manslaughter, sex offenses, including rape, fondling, incest, statutory rape, dating violence, domestic violence, stalking, robbery, aggravated assault, burglary, motor vehicle threats, arson, arrests and disciplinary actions, such as arrests for liquor law violations, drug law violations and illegal weapons possession. In addition, the number of each type of crime listed above that are determined to be hate crimes, based on bias, gender, gender identity, religion, sexual orientation, ethnicity, national origin and disability, must be reported and disclosed. Also, the number of crimes determined to be hate crimes and which constitute larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, dating violence, domestic violence, and stalking must be reported as well.
The statistics will be logged and disclosed for the calendar year in which the crime was reported to local police or to a campus security authority. The annual disclosure of crime statistics will be prepared by reviewing logged reports as well as student conduct records for conduct violations that are required to be included in the annual security report. Publicly available records maintained for purposes of Clery Act reporting will not include identifying information about the victim.
All members of the Drew community are encouraged to report any suspicious activity or person seen in the parking lots or loitering around vehicles, inside buildings, or around residential halls immediately to Public Safety, or to other Campus Security Authorities. When reports of the crimes listed above are determined to constitute a threat to students and employees, Drew will issue an emergency notification or timely warning if such a warning would aid in the prevention of similar crimes.
The following information pertaining to specific crime categories and geographic areas is reported annually to the Department of Education in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
|Offense (Reported By Hierarchy)||Year||On Campus||Non-Campus||Public Property||On-Campus Residential Facilities||Total||Unfounded|
|Murder/Non Negligent Manslaughter||2017||0||0||0||0||0||0|
|Motor Vehicle Theft||2017||0||0||0||0||0||0|
|Liquor Law Arrests||2017||0||0||0||0||0||0|
|Drug Law Arrests||2017||5||0||0||1||5||0|
|Weapons Law Arrests||2017||0||0||0||0||0||0|
|Liquor Law Violations Referred for Disciplinary Action||2017||124||0||2||98||124||0|
|Drug Law Violations Referred for
|Weapons Law Violations Referred for Disciplinary Action||2017||3||0||0||3||3||0|
|Offense (Crimes Not Reported By Hierarchy)||Year||On Campus||Non-Campus||Public Property||On-Campus Residential Facilities||Total||Unfounded|
Note 3: A Dating Violence case was reported in 2017, but occurred in 2016, so the total for 2016 was increased by 1.
Smoke detectors, heat sensors, carbon monoxide sensors, sprinklers and fire extinguishers have been strategically placed in all residence halls to protect life and property. Drew’s alarm system is monitored 24 hours a day. In response to an alarm, Public Safety personnel will be dispatched and attempt to respond immediately to any alarm condition. Drew values your privacy as well as your safety. Every attempt will be made to turn off the alarms as soon as it has been ascertained that no danger exists. The Madison Fire Department and/or other available local resources will respond to all alarms within Residence Halls and are contacted by Drew Public Safety and/or the Central Station Fire Safety Company upon verification of an emergency. Vandalizing the alarm system, covering smoke detectors or sprinklers, disabling fire sensors, or illegally discharging fire extinguishers are serious offenses. Every effort will be made to identify persons who compromise public safety through such acts. Offenders will be referred to the Dean of Students for appropriate disciplinary action and/or to local law enforcement.
In compliance with State regulations, during each academic year the Department of Public Safety and the Office of Residence Life conduct two fire drills in all residential buildings and two fire drills in all administrative buildings requiring complete evacuation.
For a list of items and activities that are prohibited under the student conduct code, please refer to the List of Prohibited Items/Residence Halls in Daniels Dictionary.
Reports of fires and fire emergencies should be made to Drew Public Safety and to the Madison Fire Department as soon as possible.
Fire alarms signal a significant threat to health and safety and Drew expects all individuals, including students, faculty, and staff, to immediately evacuate buildings when a fire alarm is sounding. Failure to leave the building during a fire alarm constitutes disregarding a University directive and may result in disciplinary action.
When an alarm is activated, you must act as if it is a real alarm. You should not and cannot assume that, in any given instance, the sounding of an alarm is a drill or a false alarm. Keep calm and move safely to the nearest exit. You should wait outside the building at a safe distance, in order to allow emergency personnel and equipment to respond appropriately and safely to any incident and should not re-enter it until an all clear is sounded and you are given permission.
If you have information about the source of the fire, or other students or persons who may be in danger, please provide that information immediately to the emergency responders or to Drew Public Safety. Additionally, if you observe suspicious behavior or criminal conduct, you should report that to Drew Public Safety.
Residence Halls are typically occupied 24 hours a day and residents are instructed to follow the procedures identified in fire drills and the instructions of Public Safety personnel and first responders on the scene.
Fire safety training includes graphic video depictions of common sources of fire and the aftermath in residence rooms, as well as the appropriate prevention steps to prevent fires in housing. Additionally, campus regulations concerning prohibited items, smoking, cooking, fire alarms and evacuations are explained. All incoming College of Liberal Arts (CLA), students are required to attend fire training during New Student Orientation. Resident Assistants are trained twice annually in conjunction with Drew Public Safety and local fire resources. Training for Graduate and Theological schools takes place by Residence Hall. Fire safety equipment and availability is likewise explained and is also posted in Daniel’s Dictionary, the student handbook.
This 2008 law requires institutions of higher education to publicly report fire safety information and statistics. Drew’s report, including fire statistics on campus residences and evacuation procedures, is available at the Public Safety dispatch center. Fire procedures can be accessed at www.Drew.edu/safety. Fire is defined to mean any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.
The Higher Education Opportunity Act (HEOA), calls for the disclosure of statistics for each student housing facility as they relate to the occurrence of fires and fire drills for the current and 2 preceding calendar years. The statistics below are as reported to the Drew University Office of Public Safety.
|Name of Facility||Street Address||Number of Fires|
|Asbury Hall||36 Madison Ave||0||0||0|
|Baldwin Hall||36 Madison Ave||0||1||0|
|Brown Hall||36 Madison Ave||0||1||1|
|Eberhart Hall||36 Madison Ave||0||0||0|
|Foster Hall||36 Madison Ave||0||0||0|
|Hurst Hall||36 Madison Ave||0||0||0|
|Hoyt – Bowne Hall||36 Madison Ave||1||0||0|
|Holloway Hall||36 Madison Ave||0||0||0|
|Haselton Hall||36 Madison Ave||0||0||0|
|McLendon Hall||36 Madison Ave||0||0||0|
|McClintock Hall||36 Madison Ave||0||1||0|
|Riker Hall||36 Madison Ave||0||0||0|
|Tipple Hall||36 Madison Ave||0||0||0|
|Tolley Hall||36 Madison Ave||0||2||1|
|Town Houses||36 Madison Ave||0||0||0|
|Welch Hall||36 Madison Ave||0||0||0|
|Wendel Hall||36 Madison Ave||0||0||0|
*Counts as both locations
|Garbage Can Fire||0||0||$0|
|11/19/2016||1:17AM||Tolley Hall||Garbage Can Fire||0||0||$0|
|9/11/2016||8:35PM||McClintock Hall||Garbage Can Fire||0||0||$0|
*Counts as both locations
|Electric Hot Plate over heated in flames||0||0||$50|
|Fire Drill Statistics||2015||2016||2017|
DPS and/or MFD responded to 54 Fire Alarms in 2017
Criminal Offense Definitions under Federal and State Law
Criminal Offenses are defined as outlined by the U.S. Department of Justice, FBI National Incident-Based Reporting System, Uniform Crime Reporting Handbook:
Under New Jersey law, dating violence could be prosecuted under the domestic violence statutes, as well as under other laws, including harassment. It is also included within the category of offenses defined under recent legislative initiatives designed to address dating violence in K-12 settings as follows: Dating violence” is “[a] pattern of behavior where one person threatens to use, or actually uses physical, sexual, verbal, or emotional abuse to control a dating partner.” N.J.S.A. 18A:37-34.
New Jersey law, N.J.S.A. 2C:14-2, defines sexual assault as follows:
Aggravated sexual assault is a crime of the first degree. Except as otherwise provided in subsection d. of this section, a person convicted under paragraph (1) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person shall serve 25 years before being eligible for parole, unless a longer term of parole ineligibility is otherwise provided pursuant to this Title.
Sexual assault is a crime of the second degree.
Under New Jersey law, consent is not specifically defined as an element of the criminal act of rape. It can, however, be asserted as defense. In this connection, judges instruct juries as follow: As part of (his/her) defense, the defendant contends that the State has not proven each element of the offense beyond a reasonable doubt because the victim consented to the alleged criminal activity. In considering this contention, you should understand that consent of the victim can be a complete defense to a criminal charge only under certain limited circumstances which I will describe for you. First, you should know that consent in the law has a meaning very similar to its everyday meaning. It is the victim’s voluntary and serious agreement or submission to the alleged criminal conduct or the result of that conduct. In order for consent to give rise to a valid defense it must, of course, be given freely and it must be legally effective. Consent can never be legally effective in providing a defense to a criminal charge if:
In determining whether the consent of the victim was freely and voluntarily given, you are advised that consent may be openly expressed, implied, or apparent from the victim’s willing participation in the activity in question. Further, you may consider all that (he/she) said and did at the particular time and place, all of the surrounding circumstances and whether a normal competent person would freely and seriously consent to the conduct with which the defendant is charged.
New Jersey law, N.J.S.A. 2C:12-10, defines “stalking” as follows: Definitions; stalking designated a crime;
Hate Crime is defined as a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation or ethnicity/national origin. For Clery Act reporting purposes, hate crimes include any offense in the following list that is motivated by bias: