Discrimination against members of identified protected classes is prohibited under state and federal law, as well as under Drew University’s Policy Against Discrimination and Harassment (the “Policy”). This Policy embodies Drew University’s (“Drew” or the “University”) commitment to creating and maintaining a diverse and open educational community. The Policy is intended to educate the community about discrimination and harassment and to support and protect any member of the community who uses this Policy responsibly to pursue a complaint. Under this Policy, unlawful discrimination and harassment, based on protected class status in all forms and retaliation, are strictly prohibited. Allegations of sexual and gender-based discrimination and/or harassment are addressed under the University’s Sexual Misconduct Policy.
All university employees, including contractors and students, must report any information that has been provided to them through other forms of notice (e.g., email, verbal, etc.) into the Bias or Hate Based Incident Reporting Form. Only truly confidential employees, while working within their legally privileged capacity, do not need to report incidents.
This Policy applies to all members of the University community, including students, faculty, staff, University officials, visitors, guests, alum, contractors, and others. The Policy does not alter an individual’s rights and remedies under the law.
Nothing in this policy precludes or limits the University from independently working to remediate claims.
A. Definitions
Complainant: Person whose rights under this Policy are alleged to have been violated
Respondent: Person who is alleged to have engaged in misconduct under this Policy
Discrimination: Unwelcome conduct or action based on a person’s protected class status that may adversely and unreasonably interfere with their education or work and that is sufficiently severe, pervasive, or offensive.
Discriminatory Harassment: Verbal or physical conduct that demeans or shows hostility, or aversion, toward an individual or group because of their protected class status. Harassing conduct consists of a range of behaviors that a reasonable person would consider so offensive, severe, persistent, or pervasive as to interfere with a person’s ability to participate in educational or work activities or programs. It can include epithets, slurs, jokes, negative stereotyping or threatening, intimidating or hostile acts that relate to a person’s protected class status. Harassment can be communicated through spoken words, physical actions, written or graphic material, or electronic or social media.
Hostile Environment Harassment: Hostile environment harassment can result from verbal or written communications, including attempts at humor or derogatory comments directed at an individual or group, based on protected class status, as well as comments made via phone, text message, e-mail, electronic posting or other electronic media. It includes communications that continue after a request to stop, and/or are unwelcome, and which unreasonably interfere with a student’s or employee’s ability to benefit from or participate equally in the University’s programs or work. The more severe the conduct, however, the less need there is to show a repetitive series of incidents
Preponderance of the Evidence: Preponderance of the evidence is defined to mean more likely than not. It is the standard of proof applied in determining responsibility under this Policy.
Protected Class: A group of people with a common characteristic who are protected by federal, state, and local laws from discrimination and harassment, based on that characteristic. The New Jersey Law Against Discrimination prohibits discrimination and bias-based harassment based on actual or perceived: Race or color; Religion or creed; National origin, nationality, or ancestry; Sex, pregnancy, or breastfeeding; Sexual orientation; gender identity or expression; Disability; Marital status or domestic partnership/civil union status; Liability for military service; In housing: familial status and source of lawful income used for rental or mortgage payments; In employment: age, atypical hereditary cellular or blood trait, genetic information, the refusal to submit to a genetic test or make available to an employer the results of a genetic test. For any complaint alleging sexual harassment or sexual misconduct, the University's prohibitions against sexual misconduct, sexual harassment, and retaliation are detailed in the University’s Sexual Misconduct Policy.
Retaliation: An act of intimidation, harassment, or reprisal against an individual for initiating a good faith complaint, participating in any proceeding under this Policy, or for otherwise exercising his/her rights under this Policy or the law.
B. Procedure and Standard of Proof
Once a report is made, the University will initiate a prompt, thorough, and impartial investigation of allegations of discrimination, harassment, and/or retaliation under this Policy, pursue effective and reliable procedures and remedies, and seek to protect the rights of those involved. A finding that a violation of this Policy occurred is made by applying a preponderance of the evidence standard.
Section III. below explains a variety of ways to report, both on and off campus. We strongly encourage everyone who may have been the target of bias, or who may have witnessed another being targeted, to complete the Bias or Hate Based Incident Reporting Form.
When a report is received, the process will be responded to as described in Sections IV-VIII. below.
C. Claims of Retaliation
Retaliation is a separate, serious offense under this Policy and will be considered independently from the merits of the underlying allegation. Upon a finding that retaliation has occurred, the individual(s) will be subject to disciplinary action up to and including, termination of employment or expulsion from the University, as applicable.
D. Cooperation
All members of the University community have an obligation to cooperate in achieving the University's goal of an environment free of unlawful discrimination and harassment.
E. False Accusations
Anyone who knowingly makes a false accusation of discrimination, harassment, and/or retaliation will be subject to appropriate action, which may include disciplinary action up to and including, termination of employment or expulsion from the University, as applicable.
F. Prevention of Harassment, Discrimination and Retaliation
Prevention of harassment, discrimination, and retaliation is the responsibility of all members of the Drew community.
G. Multiple or Related Complaints
Where the same facts or circumstances involve violations of different University policies, all related complaints against a person will be addressed, heard, and resolved in an appropriate forum based on the constituency of the person complained against. Complaints alleging violations of this Policy that involve the same facts and circumstances cannot be pursued in multiple forums or on a serial basis.
H. Academic Freedom
Academic freedom is central to the University’s mission. This Policy is not intended to restrict free academic inquiry, educational purpose, or artistic expression. Drew’s policy on academic freedom follows best practices as articulated by the American Association of University Professors.
In an emergency, go to a safe place and call 9-1-1. Campus Security can also provide assistance and contact the police. Campus Security can be reached at (973) 408-3379.
Anyone subjected to discrimination, harassment, and/or retaliation is strongly encouraged to report the behavior by contacting the appropriate office or individual that can provide information about the variety of available reporting options and support services, including counseling and medical help, and can assist in contacting law enforcement. The best person to contact depends on whether the individual wishes to make a confidential report or is a student or employee. Anyone may file a private report via the Bias or Hate Based Incident Reporting Form.
All incidents of Bias and Hate must be documented in the University’s Bias or Hate Based Incident Reporting Form. Should notice be given to a non-confidential employee, they must complete the form and provide all information that they have been made aware of.
A. Reporting Options
Information shared by an individual with persons who have a recognized legal privilege, which requires them to keep your information confidential, will not be disclosed to any other individual without express permission of the individual. These resources are prohibited from sharing confidential information except in cases that involve imminent threat of harm to self or others, child abuse, or a court order.
On-campus confidential resources are as follows:
The University strongly encourages individuals to make a report to law enforcement of all criminal acts of discrimination, harassment, and retaliation, in addition to and/or separate from a report made to the University. Campus Security may directly report suspected criminal acts to the Madison Police Department for investigation.
Contact information for local law enforcement can be found below:
Physical evidence, including but not limited to, documents, emails, texts, photos, social media posts, and videos should be preserved.
B. Privacy and Confidentiality
All proceedings, documents, activities, and meetings related to a specific investigation and/or complaint are considered private, as permitted by this Policy or applicable law. While privacy will be maintained to the extent possible, the University cannot commit to privacy on an across the board basis. The University will use its best efforts not to disseminate information about an investigation or complaint beyond those who have a need to know. Consistent with its obligations under state and federal law, however, the University may be required to take reasonable investigative steps, even in the face of a request for privacy or a request not to pursue an investigation.
Parties and those interviewed in connection with a claim of discrimination or harassment should not disclose information about the report, investigation, mediation, or adjudication to those outside the process in order to avoid interference, claim of undue influence, or retaliation. Any person receiving a summary report, notice of outcomes or other documents is bound to the standards of privacy as established by University policy and any state and federal confidentiality obligations, including but not limited to the Family Educational Rights and Privacy Act (FERPA).
The University will investigate, adjudicate, and remedy reports of violations of this Policy. The procedures utilized for responding to allegations of violations vary depending on the status of the Respondent, whether they are a student, faculty or staff member, or other. Hosts, including students or employees, or other individuals directly affiliated with the Drew community, are subject to this Policy and may be held responsible for the actions of their visitors or guests.
Conflicts of Interest or Bias
The University requires any personnel participating in the response process to disclose any potential or actual conflict of interest or bias to the Vice President for Enrollment Management and Campus Life (VPEMCL). If a Party believes that any individual involved in the process has a conflict of interest or bias, they may make a request to VPEMCL that the individual not participate. This request must be submitted in writing to VPEMCL within three (3) business days after notification of that person’s involvement in the process. Any request must include a description of the conflict or bias. If VPEMCL determines that a true conflict of interest or bias may exist, the University will take steps to address the conflict or bias in order to ensure an impartial process.
If the reported allegations are made against a University employee, the case will be referred to the Human Resources Department and/or the appropriate Dean’s Office, and addressed under the Employee Handbook and/or by the Professional Conduct Committee as deemed appropriate. If the Respondent is a regular employee of an outsourced role, that company/firm will be notified so they may begin their internal process.
If the Respondent is a visitor, alum, guest, non-regular vendor, contractor, or other, they may be referred for criminal prosecution, be required to leave University property and/or banned from the campus and from participating in future activities.
All incidents of Bias and Hate must be documented in the University’s Bias or Hate Based Incident Reporting Form. Should notice be given to a non-confidential employee, that employee shall complete the form on behalf of the Complainant.
A. Receipt of Report
Once a report is received:
B. Appeals
The Complainant or Respondent has the right to one appeal, in addition to their right to appeal a dismissal in accordance with Section VII.A.3.b. above.
Time frames listed above, and included within infographics, may be extended for good cause as necessary to ensure the integrity and completeness of this process. Possible reasons for an extension of time frames include, but are not limited to: a Party’s decision to cease one process and continue with an alternative process prior to either the signing of a resolution agreement in an Informal Resolution, or a finding of responsibility in a Formal Review; compliance with a request by law enforcement; accommodation of the availability of witnesses; accounting for exam periods, school breaks or vacations; and/or accounting for complexities of a specific case, including the number of witnesses and volume of information provided by the Parties. The University will notify the Parties in writing of any extensions of time frames and the reason for the extension.
Below are community members identified to play a role in remediating claims of harassment and be responsible for adjudicating actionable incidents.
First Name | Last Name | Email Address |
Edwin | Aponte | |
Tanya Linn | Bennett | |
Stephanie | Bias | |
Barb | Bresnahan | |
Michelle | Brisson | |
Erin | Case | |
Dina | Cenicola | |
Jill | Cermele | |
Michelle | Coles | |
Steven | Couras | |
Fredricka | Cox | |
Megan | Fonseca | |
Cynthia | Garrett | |
Dana | Giroux | |
James | Hanson | |
Sean | Hewitt | |
Ryan | Hinrichs | |
Brian | Hirschberg | |
Linda | Jones | |
Denis | Kelleher | |
Jessica | Lakin | |
Elizabeth | Leonard | |
Jinee | Lokaneeta | |
Monica | Madera | |
Mecca | Madyun | |
Steph | Mazarella | |
Stephanie | McCormick | |
Frank | Merckx | |
Tiffany | Murray | |
Stephanie | Pelham | |
Siobhan | Quinlan | |
Christa | Racine | |
Judy | Redling | |
Robert | Seesengood | |
Terrance | Somesla-McCornell | |
Lynn | Vogel | |
Richard | Wall | |
Julie | Weiner | |
Alisha | Whitmore | |
Tamayo | Zhou |