Human Rights Policy
Discrimination and harassment are prohibited under state and federal law, as well as under Drew University’s Human Rights Policy. The Policy embodies Drew’s commitment to creating and maintaining a diverse and open educational community. It is intended to educate the community about discrimination, including sexual harassment, 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.
The Policy and its procedures, as amended, will be implemented during the 2013-2014 academic year and comments, questions, and feedback are welcomed. All members of the University community are required to familiarize themselves with the content of the Policy as well as with the procedures. Ongoing training and awareness programs, including mandatory on-line education and testing and in-person sessions, will be scheduled.
Drew University is committed to maintaining and supporting diversity throughout the Drew community. Discrimination or harassment in education or employment on the basis of protected class status constitutes a violation of this policy. Protected class status is based on race, creed (religion), color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, sex, gender identity or expression, disability, familial status, military service obligation, or nationality. Offensive or unwelcome conduct or repeated differential treatment, as defined in this policy, based upon any of these protected characteristics, is prohibited.
Under this policy, each member of the University community is expressly prohibited from verbal, physical, written, or other technology-based conduct that creates an intimidating, hostile, or offensive working or learning environment.
The purpose of the Drew University Human Rights Policy is to provide all members of the University community equal educational and employment opportunity, access, and benefits in an environment free from harassment, assault, intimidation, and discrimination of all kinds. The policy seeks to protect the atmosphere of trust and collegiality in the University community and to educate the community. Under this policy, the University will initiate a prompt, thorough, and impartial investigation of any report of discrimination or harassment and will provide effective and reliable processes and procedures for seeking remedies, while affording those accused of violations a fair opportunity to be heard.
Scope of the Policy
The Drew University Human Rights Policy applies to all members of the Drew community. Discrimination or harassment, involving members of the campus community, even if it occurs off campus, can create a hostile environment and is prohibited under this policy.
Visitors and guests who violate this Policy may, at the University’s discretion, be required to leave University property and may be banned from the campus and/or from participating in future activities. Hosts of visitors and guests who violate the Policy may be held responsible for the actions of their visitors or guests.
Discrimination is any distinction, preference, advantage for or detriment to an individual, when compared to others, that is based on any protected class status as defined under this Policy. The discrimination must be sufficiently severe, pervasive and objectively offensive to create an intimidating, hostile, or offensive working or educational environment, or otherwise unreasonably interfere with or limit a student’s or employee’s ability to participate in or benefit from the University’s educational programs, activities, or work.
Discriminatory harassment is verbal or physical conduct that demeans or shows hostility, or aversion, toward an individual because of his/her protected class status*. * Harassing conduct consists of a range of behaviors that a reasonable person would consider sufficiently severe or pervasive to create an intimidating, hostile, or objectively offensive working or educational environment. It can include epithets, slurs, jokes, negative stereotyping or threatening, intimidating or hostile acts that relate to a person’s protected class status. Harassment can be communicated through spoken words, physical actions, written or graphic material, or electronic or social media. Sexual harassment and misconduct are forms of discrimination and are expressly prohibited under this Policy. Definitions and terms that relate specifically to sexual misconduct are discussed in more detail below.
3. Sexual Harassment and Misconduct
Sexual harassment or misconduct includes physical, verbal, written or on-line conduct of a sexual nature (via any electronic means) which is sufficiently severe or pervasive to create an intimidating, hostile, or offensive educational or employment environment. Unwelcome sexual advances, requests for sexual favors or sexual contact, sexual harassment, and other verbal, nonverbal, or physical conduct of a sexual nature are examples of sexual harassment or misconduct.
3(a) Quid-Pro-Quo Sexual Misconduct
One form of sexual misconduct arises from a person’s exploitation of his or her position, power, or authority. Quid-pro-quo sexual harassment (Latin for “this for that”) is unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature. Common to all such behaviors is that non-compliance is accompanied by an implied or explicit threat to an individual’s employment or academic status or access and/or compliance carries an implicit or explicit offer of advantage or preference.
3(b) Hostile Environment Harassment/Misconduct
Hostile environment harassment/misconduct is sufficiently severe, pervasive, and objectively offensive to unreasonably interfere with or limit another’s ability to participate in or benefit from the University’s education program or workplace. Most often such behaviors constitute sexual harassment when they are frequent and repeated or when they continue after someone has asked that they stop. The more severe the conduct, the less need there is to show a repetitive series of incidents.
3(c) Verbal Sexual Harassment/Misconduct.
Verbal sexual misconduct consists of verbal comments, including humor or derogatory comments, directed at an individual or group, as well as comments made via phone, text message, e-mail, electronic posting, or other electronic media. It includes behaviors such as stalking or cyber-stalking, and comments of a sexual nature about an individual’s body, sexuality, gender identity or expression, or affectional or sexual orientation 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).
3(d) Physical Sexual Misconduct
Physical sexual misconduct can include sexual touching, violence, and other nonconsensual deliberate sexual contact or activity. Nonconsensual sexual contact can consist of the deliberate touching of a person’s intimate parts (genitalia, groin, breast, buttocks or clothing covering those areas), fondling, and groping, kissing or using force to cause someone to touch another’s intimate parts. Non-consensual sexual intercourse is sexual intercourse or penetration (anal, oral or vaginal), without effective consent, however slight, with any object.
3(e) Effective Consent
Effective consent is clear, informed, and freely given. It is communicated by mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity by persons of legal age. Consent as a result of coercion, intimidation, threat of force, or force is not effective consent. Consent may never be given by minors, mentally disabled persons, and those who are incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary) or those who are unconscious, unaware or otherwise physically helpless. Consent to one form of sexual activity cannot imply consent to future sexual acts. A previous relationship or consent, including a dating relationship or previous sexual involvement, does not imply consent to future sexual acts.
3(f) Incapacity (Alcohol, Drugs, etc.)
Incapacity means an individual is not capable of making a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction. Incapacity may also result from involuntary physical restraint as well as from voluntary or involuntary drug or alcohol use. Incapacity can arise from alcohol or drug use, or from ingestion of so-called date rape drugs, including Rohpynol, Ketomine, GHB, or Burundanga*. * A person who has sexual activity with someone who is mentally or physically incapacitated as a result of alcohol or other drug use, unconscious or in a blackout state, is in violation of this policy. Administering alcohol or a “date rape” drug to another person for the purpose of inducing incapacity is in violation of this policy. Use of alcohol or other drugs by the person complained against will not excuse behavior that violates this policy or diminish his/her responsibility.
3(g) Sexual Exploitation
Sexual exploitation occurs when an individual takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
- prostituting another,
- non-consensual or surreptitious video or audio-taping of sexual activity,
- going beyond the boundaries of consent (such as permitting another to secretly observe you engaging in consensual sex),
- voyeurism (peeping toms),
- causing or attempting to cause another to become incapacitated,
- knowingly transmitting a sexually transmitted infection, including HIV, to another.
Drew University’s Human Rights Policy seeks to encourage students, staff, and faculty to express freely and responsibly their opinions and feelings about any complaint of discrimination or harassment. Any act of reprisal, interference, restraint, penalty, discrimination, coercion, or harassment — overtly or covertly – against a person who uses this policy and its procedures not only undermines the University’s atmosphere of trust and collegiality, but threatens its ability to conduct investigations and to address violations. Retaliation includes any threats or other form of intimidation directed at a complainant, a witness, or a supporter at any point before, during or after an investigation, mediation and/or hearing. Accordingly, such acts violate this Policy and will be subject to appropriate and prompt disciplinary action.
This Policy shall not be used to bring frivolous or malicious charges against students, faculty or staff members. Discipline under the appropriate University policy may be taken against any person knowingly bringing a false complaint of any form of discrimination, including sexual harassment and misconduct.
Multiple or Related Complaints
Where the same facts or circumstances involve violations of different aspects of the Human Rights policy, all related complaints against a person will be addressed, heard, and resolved in one forum and proceeding. Complaints alleging violations of this policy cannot be pursued in multiple forums or on a serial basis when the same facts and circumstances are involved. In the event that a proceeding under this Policy also involves claims under another University policy or forum, the appropriate administrator shall determine which policy or forum has a predominant interest. All related violations shall be considered in the proceeding selected.
Free Academic Inquiry
Academic freedom is central to the University’s mission. This policy is not intended to restrict free academic inquiry, educational purpose, or artistic expression.
All members of the campus community should cooperate in an inquiry, investigation, and complaint resolution processes as required to ensure a prompt, adequate, reliable and impartial investigation of complaints. Fact finders are authorized to call upon any administrative subdivision of the University or employee or staff member for assistance as necessary to complete its investigation and/or may utilize external resources to conduct any aspect of the investigation as necessary.
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.
Under federal law, a student’s sanction or discipline is part of the educational record of an accused student and is protected from release with certain exceptions. Those exceptions, however, will not typically apply in a matter involving a severe sanction. For example, the University may release publicly the name, nature of the violation and the sanction for any student found in violation of a University policy that constitutes a crime of violence, including arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/ vandalism and kidnapping or abduction. This information will be released to the complainant. Additionally, in matters involving non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking and relationship violence, complainants have a right to be informed of the outcome and sanctions, in writing.
In matters involving faculty and or/staff only, both parties will be advised of the outcome and sanction of a disciplinary proceeding. Students who bring a sexual misconduct complaint against a faculty or staff member may be informed of both the outcome and sanction as well, because the person complained against is not a student and is not protected under federal law. Otherwise, as a general rule, an employee’s sanction will not be disclosed to persons other than supervisors.
Training & Education
All faculty, staff, and students are required to receive discrimination training and sexual harassment and misconduct training. Employees who are likely to receive reports of discrimination or harassment, including faculty, administrators, resident assistants, health and counseling personnel, and athletic staff, should ensure they receive training, be familiar with these policies and procedures, and be able to identify appropriate contacts within the University for handling reports or complaints of violations.
Notice of Nondiscrimination
Drew University does not discriminate in its education program and activities or employment practices on the basis of sex, race, creed, color, national origin, ancestry, age, marital, civil union or domestic partnership status, gender identity or expression, affectional or sexual orientation, genetic information, familial status, military service obligation, disability, or nationality. The University complies with Titles VI and VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other federal and State anti-discrimination laws.
The University’s Affirmative Action and Equal Employment Officer is: George-Harold Jennings. He can be reached at (973)-408-3392 or via e-mail at email@example.com
Notice of Prohibitions against Sexual Discrimination/Title IX Coordinator
Drew University does not discriminate on the basis of sex 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. or Inquiries regarding the application of Title IX or this Policy may be made to the University’s Title IX Coordinator/AA/EEO Officer: George-Harold Jennings, 36 Madison Avenue, Madison, NJ 07940 or at: (973)-408-3392; or firstname.lastname@example.org. Complaints of sexual harassment or misconduct may be reported to the Campus Conduct Hotline at 1-866-943-5787 or at email@example.com.
Portions of this policy were adopted from models from NCHERM, with permission.
Reporting Discrimination and Harassment
Complaints of discriminatory or harassing conduct involving a student should be reported to Campus Life and Student Affairs (CLSA) professional staff for handling, or to the Title IX Coordinator/AA/EEO Officer, the e-mail hotline, or Public Safety. Names and contact information for these and other resources, including law enforcement, are listed on the Support and Resources page.
If you have questions or concerns about discussing a matter, counseling on a confidential basis is available through the Drew University Center for Psychological and Counseling Services (Counseling Center)http://www.drew.edu/Counseling/ or Morris Cares (24/7 Hotline: (973)-829-0587), which provides counseling and advocacy for victims of sexual assault and is a component of the Morris County Sexual Assault Response Team. In addition, the Morris County Prosecutor’s Office, the Madison Police Department, the Prosecutor’s Office’s Sexual Assault Nurse Examiner and Sexual Assault Response Team (SANE/SART) Program respond to allegations involving criminal conduct, including sexual assault.
When health or safety is at risk, the University’s Director of Public Safety should be contacted immediately.
Law Enforcement Resources Notifications – Sexual Misconduct
When sexual misconduct or other serious claims of sexual harassment, including sexual violence are alleged, the person bringing a claim of sexual harassment or misconduct will be told about the availability of law enforcement resources and will be provided assistance in contacting any law enforcement resource s/he requests. Those resources include the Morris County Prosecutor’s Office, the Madison Police Department, the Morris County Prosecutor’s Office’s Sexual Assault Nurse Examiner and Sexual Assault Response Team (SANE/SART) Program and Morris Cares, a component of SART, which provides counseling and advocacy for victims of sexual assault. Law enforcement contact information, including phone numbers, can be found on the Support and Resources page.
Fact finding consists of an inquiry into the facts and circumstances of an allegation that the Drew University Human Rights Policy has been violated. A report or complaint of discrimination or harassment will be evaluated by Campus Life and Student Affairs professional staff, or a designee, and may result in a preliminary inquiry, administrative action, including interim measures or final disciplinary action, mediation, referral for additional fact finding, referral to another more appropriate process or forum, or dismissal, when the Policy is found not to have been violated. Referral for additional fact finding does not constitute a determination that a complaint or report is substantiated. In matters involving allegations of sexual misconduct, permission to make an inquiry should be requested of a student.
Fact finding may be placed on hold at the request of law enforcement. Initial notice of an inquiry may be provided to the person complained against during a preliminary inquiry or during any additional fact finding. Attorneys are not permitted to participate at any stage of the University’s fact finding, hearing, or appeal process. Participants may consult with counsel on their own outside of the process.
At the conclusion of the fact finding process, a report or summary should be prepared and submitted to the CLSA professional staff, with a copy to the Title IX Coordinator/AA/EEO Officer. In the event of an actual conflict involving that administrator and the complainant or the person complained about, an alternate shall be selected by the Vice President of Campus Life and Student Affairs.
Allegations that do not constitute a violation of the Policy, lack specificity, or that are determined to be false may be dismissed with notice to the complainant. That determination may be appealed within two days by submitting an appeal in writing or e-mail to the Title IX Coordinator/AA/EEO Officer.
Matters involving another University Policy or forum, with a predominant interest in the complaint and its handling, may be referred to that policy and/or forum for resolution.
Mediation can be an effective means to resolve complaints. Parties can elect to pursue mediation, at any point prior to a decision, as long as it is mutually agreeable, an allegation of sexual assault is not involved, and CLSA approves the mediation. A matter that cannot be resolved will be referred back for handling under the formal procedures.
The written agreement will be sent to the parties and the Title IX Coordinator/AA/EEO Officer as soon as practicable. The terms and conditions of any agreement, including the nature of the complaint and the outcome should be recorded in writing and signed by the parties, and maintained by CLSA.
If the parties are unable to reach agreement or the complainant decides to pursue a formal hearing, that decision will be memorialized and notice provided to CLSA.
In matters involving allegations of discrimination or harassment, the assigned CLSA administrator decides, in his or her discretion, which hearing procedure will apply, it may be heard administratively or before the Student Conduct Board. Factors to be considered include: the severity of the alleged violation, the weight of any summary or report, whether the charges are contested, any prior disciplinary record or patterns of conduct, the inclination of the parties, timeliness, the University’s schedule, and the severity of any potential sanction. Only allegations involving the most serious matters, based on the factors listed above, should be referred to the Board. Any referral, however, does not constitute, and should not be construed to be, a determination of responsibility.
Procedures for an Administrative Meeting
Students charged with a violation of the Human Rights Policy will be directed to meet with a conduct officer, and will receive notice of the alleged violations prior to a meeting.
The conduct officer will meet with the student(s) to:
- Review the process as outlined below:
- Discuss the complaint and alleged conduct, allowing the student to present his/her understanding of the events related to the incident(s).
- Conduct the process in as timely a fashion as possible. (In cases where incidents occur near the end of a semester, the case may need to be adjudicated at the beginning of the next semester)
- Permit the student to be accompanied by a silent supporter drawn from the University Community
- Permit the accused to speak on his/her own behalf and present evidence and witnesses.
- Determine an appropriate finding of either “responsible” or “not responsible” for each alleged policy violation based upon the preponderance of evidence.
- If a student is found responsible, the conduct officer will advise the student of the sanction(s) imposed.
- After a decision has been rendered, the student will receive an email or letter summarizing the outcome and sanctions as discussed in the administrative meeting. It is the student’s responsibility to complete all sanctions as imposed. Failure to abide by or complete a sanction may result in additional sanctions.
- In certain cases deemed appropriate by the proper authorities, information on an offense may be disclosed to individuals or to the entire University community.
Decisions are reported to the Title IX Coordinator/AA/EEO Officer and to the parties, consistent with the requirements of federal requirements.
Procedures for a Hearing
- A Hearing can be convened by the conduct officer or designee.
- A Hearing is comprised of three students and two faculty or staff members drawn from those constituencies. At the request of either the complainant or the accused, up to two board members may be replaced due to conflict of interest.
- The convener will make all parties aware of how the proceedings will be conducted, as outlined below and provide:
- Notice in the form of information about the allegations, including the opportunity to review, but not photograph or otherwise copy or transcribe any summary or report. Reports may be redacted in part to maintain confidentiality.
- A summary of the procedures to be followed
- A statement that the choice of a board member or convener may be challenged in writing to the Dean of Students within 2 business days of notification.
- Hearings will be conducted as follows:
- In as timely a fashion as possible. In cases where incidents occur near the end of a semester, the case may need to be adjudicated at the beginning of the next semester or during break.
- Parties may submit a list of the witnesses they intend to call in advance of the hearing. Witnesses are only permitted in the room during their appearances when called by the convener. Appearances may be limited discretionarily to those with pertinent information about the specific incident or incidents in dispute.
- Parties may speak on their own behalf and present information and call witnesses. Parties may decline to answer questions and this shall not be construed in any way. Both parties will have the opportunity to hear the information presented to the Board and an opportunity for rebuttal. Information that is not pertinent to the complaint including past sexual history or character information may be excluded.
- Parties may be present throughout the hearing and have the opportunity to provide the Board and convener with questions for the witnesses. The convener may call witnesses, ask for written statements instead of appearances, and take other reasonable action for the orderly conduct of a hearing.
- The complainant and the accused may be accompanied by a member of the University Community (without voice) and the accused student may consult with this member during the hearing. Lawyers may not be present at the hearing; supporters of either party should not also be witnesses.
- The convener will provide the audio recording of the proceedings to the Office of the Vice President of Campus Life and Student Affairs, use of which will normally be limited to an appeal, and destroyed after the appeal time has passed.
- In certain cases deemed appropriate by the proper authorities, information on an offense may be disclosed to individuals or to the entire University community.
- The convener may accommodate concerns for personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, video conferencing, videotape, audio tape, written statement, or other means as determined in the sole judgment of the convener to be appropriate.
- Prior incidents and sanctions will be disclosed to the Student Conduct Board by the convener after the board has come to a finding of responsibility and may be considered by the board in reaching its sanctions decision.
- The Board shall make a decision of responsibility or no responsibility based upon a preponderance of the evidence standard, and, where applicable determine the appropriate sanction(s), and give written or email notification of that decision to the accused, the Dean of Students, and the Title IX Officer/EEO/AA Officer.
- The right of a student found responsible to an appeal of an Administrative Meeting or Student Conduct Board decision is guaranteed. Appeals may be granted for the following reasons only:
- Pertinent new information is available which was not known to the person appealing at the time of the original hearing
- A procedural error was made that precluded a fair and impartial hearing. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
- Decisions following an Administrative Meeting or Student Conduct Board hearing must be appealed within two (2) business days of notification of the results of such hearing. Appeals will be heard by the Dean of Students or designee.
- Only one appeal is allowed.
Decisions are reported by letter to the Title IX Coordinator/AA/EEO Officer and to the parties, consistent with the requirements of FERPA.
In the event, either party fails to attend a properly noticed hearing, the Hearing Subcommittee will continue and accord due weight to all materials related to the absent party.
The University will strive to investigate complaints and make determinations on as expeditious basis as possible. In matters involving sexual harassment or sexual misconduct, investigations should be concluded within 15 working days of the date of the complaint. Hearings should be concluded within 15 working days of receipt of the matter. Appeals should be resolved within 10 working days of receipt. Extensions may be granted by the AA/EEO Officer/Title IX Coordinator.
Contacts and Resources
The University encourages anyone experiencing discrimination or sexual harassment to make use of the variety of resources that are available to members of the University community. The primary resource for reporting a complaint is Investigations Group members (a function of the Human Rights Committee), which may be contacted at firstname.lastname@example.org.
Local and county law enforcement may be contacted as well.
- The Madison Police Department can be contacted at: (973)-593-3000 or 9-1-1 (emergency)
- The Morris County Sexual Assault Response Team (SART) can be contacted at (973)-285-2900
- Morris Cares, which works with SART, maintains a 24/7 hotline and can be contacted at: (973)-829-0587.
The Drew University Public Safety Department can be contacted at: (973)-408-3379; or at 3379 (on-campus).
Residence Life staff can be contacted at: (973)-408-3394.
On-campus counselors, who can provide confidential counseling, can be contacted at: the McClintock Center for Counseling and Psychological Services, Holloway Annex, (973)-408-3398 or Fax: 973-408-3318 or by e-mail at: http://www.drew.edu/Counseling/.
Health Services can be contacted at: Tel: 973-408-3414 or Fax: (973)-408-3031.
The Student Disability Specialist can be contacted at: (973)-408-3962.
Inquiries regarding the application of Title IX or this Policy may be made to the University’s Title IX Coordinator/AA/EEO Officer: George-Harold Jennings, 36 Madison Avenue, Madison, NJ 07940 or at: (973)-408-3392; or email@example.com. Complaints of sexual harassment or misconduct may be reported to the Campus Conduct Hotline at 1-866-943-5787 or at firstname.lastname@example.org.
Human Rights Committee
Members who may be contacted to report an incident, include:
- Deshawn Cook, McLendon Hall – First Floor (Residence Life) 973-408-3405 email@example.com
- Robert Lucid, Pepin (Public Safety): 973-408-3378 or- 3379; 201-787-3939 (cell) firstname.lastname@example.org
- Michelle Brisson, Ehinger Center – First Floor (Student Activities) 973-406-3460 email@example.com
- Joanne Montross, 973-408-3611 (CSGS); firstname.lastname@example.org
- George Rodriguez, Simon Forum Office 210 (Athletics) 973-408-3473 email@example.com
- Frank Merckx, Ehinger Center 147 (Campus Life and Student Affairs) 973-408-3390 firstname.lastname@example.org,
- Dr. Wendy Kolmar, 973-408-3632 (English Dept.); email@example.com
- Dr. Virginia Samuel, 973-408-3565 (Theo. School); firstname.lastname@example.org