I. POLICY STATEMENT

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, false complaints, and retaliation are strictly prohibited. Allegations of sexual harassment and other forms of sexual misconduct are addressed under the University’s Sexual Misconduct Policy.

All university employees, as well as contractors and students, must report any information that has been provided to them relating to discrimination and/or harassment through any form of notice (e.g., email, verbal, etc.) into the Discrimination/Harassment 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. Responsibilities under this Policy

All community members and Covered Persons of this Policy are responsible for becoming familiar with and following this Policy and the Procedures found below. Additionally, all are responsible for promoting understanding of this Policy and for taking appropriate steps to help ensure and enforce compliance with it. Members of the campus community are encouraged to report instances of Prohibited Conduct that they, in good faith, believe may have occurred to the Dean of Students Office (DOS). Reports can be filed via the Discrimination/Harassment Incident Reporting Form or to the email address for the DOS, which is stuaff@drew.edu. 

Duty to Cooperate: All Parties are encouraged to participate fully; however, Complainants and Respondents may choose their level of participation in a process described in this Policy and the accompanying Procedures. Non-participation by either Party does not prevent the process from moving forward, nor imply lack of impact or responsibility. A Party’s failure to cooperate, participate, or offer a written or verbal statement in a proceeding may result in an outcome being reached based solely on the available information provided by others and/or gathered through the fact-finding process. 

Employees (not including Complainant and Respondent) and others authorized by the University to provide aid, benefits, or services as part of the University’s education program or activity, are required to cooperate with and participate in the University’s investigation and complaint resolution process, including by attending all scheduled meetings and proceedings and, upon request, participating as a witness. 

Failure to cooperate for an interview, refusal to provide relevant information and documentation as requested, or actively choosing not to participate in any other component of the process as requested is considered a breach of responsibility and may result in formal discipline, up to and including termination of employment, suspension of enrollment, or association with the University.

B. General Consideration in University Practices

The University prohibits any activities or actions that violate federal, state, or other applicable nondiscrimination laws or University policy, based on binding legal authority interpreting and applying those laws to the University’s functions as an educational institution and employer.

Admissions: The University’s admissions decisions do not consider applicants’ racial or ethnic status, or any other status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.

Employment: The University’s employment decisions, including but not limited to hiring, promotion, compensation, discipline, and termination, are made without regard to any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.

Financial aid and scholarships: The University evaluates each application for financial aid eligibility and awards without regard to any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.

Groups and Organizations: The University allows students, employees, and alumni to form University-recognized affinity, belonging, and resource groups and networks, provided that such groups and networks are open to all and are advertised as such, and provided that the selection of leadership for such groups and networks does not take into consideration any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.

Discipline: The University disciplines students and employees in compliance with federal, state, and other applicable nondiscrimination laws and University policy, and without regard to any status or characteristic protected by federal, state, or other applicable nondiscrimination laws or University policy.

II. POLICY

A. Definitions

Complaint: An indication in writing, via the Discrimination/Harassment Incident Reporting Form or otherwise, that a Complainant wishes to initiate a complaint resolution process. 

Complainant:  An individual and/or student organization or group who brings forward a Complaint of an alleged violation of this Policy. When organizations are Complainants, the individuals who are registered as organizational leader(s) with the University serve as the organizational representatives.

Confidentiality: Confidentiality means that designated campus or community professionals are prohibited from revealing identifiable information shared by an individual to any other person without express permission of the individual, or as otherwise permitted or required by law. These individuals are prohibited from breaking Confidentiality unless (i.) given permission to do so by the person who disclosed the information; (ii.) there is an imminent threat of harm to self or others; (iii.) the conduct involves suspected abuse of a minor under the age of 18; or (iv.) as otherwise required or permitted by law or court order. These individuals are not required to forward reports of Prohibited Conduct to the DOS unless an exception is met. Making a report to these individuals does not initiate a complaint resolution process unless the Complainant makes a separate Complaint to the DOS. Confidentiality requirements set forth here are subject to University policy and any state and federal confidentiality obligations, including but not limited to the Family Educational Rights and Privacy Act (FERPA).

Those campus professionals who maintain information confidentially when working in their legally privileged capacity are:

• • Health care providers in University Health Services,
  • Clinicians in Counseling and Psychological Services (CAPS),
  • Clinicians for employees through the Employee Assistance Program,
  • Clergy identified as the University Chaplain.

Covered Persons:

• • Applicants: Individuals who have expressed an interest in applying or have submitted an application for employment or enrollment as a student.
  • Employees: Individuals employed by Drew University, including faculty, affiliates, visiting faculty, postdoctoral research associates, and all staff (including all exempt and non-exempt, and senior administrative positions).
  • Students: Includes all persons taking, scheduled to take, or admitted to take courses, at Drew University, including, but not limited to full-time or part-time, or through the special/visiting program. Persons who are not enrolled at Drew University for a particular term but have a continuing relationship with the University are considered students. 
  • Hosts: Includes students or employees, or other individuals directly affiliated with the Drew community, who sponsor visitors or guests. Hosts may be held responsible for the actions of their visitors or guests. Students can find additional guidance in the University Guest Policy.
  • Contractors: Contractors are defined as independent contractors, vendors, or other third parties contractually obligated to perform services for Drew University.
  • Organizations: Recognized organizations or groups.

Decision Maker: A designated University employee(s) and/or an independent third party assigned by the University, who will determine responsibility and administer sanctions as appropriate. 

Disciplinary Authority: The individual or University office with authority to issue discipline. Typically, these may be:

• • For students, the Disciplinary Authority is the Dean of Student Life, or designee;
  • For staff, the Disciplinary Authority is the relevant University Officer and Human Resources (HR);
  • For faculty, the Disciplinary Authority is the relevant dean.

Discrimination:  Discrimination is defined as intentional differential treatment of an individual based on their actual or perceived membership in a Protected Class. Discrimination is a violation of this Policy when it results in an adverse action or negatively impacts the terms and conditions of an individual’s employment, education, or denies or limits participation in programs, services, or activities.  

False Complaint: Knowingly and deliberately filing a False Complaint is a violation of the Policy. An individual who is determined to have engaged in such conduct is subject to discipline up to and including termination of employment or expulsion from enrollment. Discipline administered for filing a False Complaint does not constitute Retaliation under the Policy.

Harassment: Harassment under this Policy is unwelcome conduct on the basis of actual or perceived protected characteristics that, based on the totality of the circumstances, is subjectively and objectively offensive and that a reasonable person would determine is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity. Harassing acts need not be targeted at the Complainant to create a hostile environment. Conduct may be directed at anyone, and may be based on an individual’s association with others who are a member of a Protected Class.  

Harassment can take many forms. It may occur through verbal communications such as comments, slurs, or spoken words; written materials including notes, emails, or graffiti; graphic content such as drawings, symbols, or images; physical behavior including gestures, unwanted touching, or blocking movement; digital or online communications, including social media activity; or through environmental manipulation such as offensive displays or postings.

For information regarding harassment that does not involve a protected characteristic, students should contact the DOS, and Employees should contact Human Resources and/or their appropriate University Officer or relevant dean.

Interim Measure: Actions that can be taken prior to the resolution of a formal complaint of misconduct, such as harassment or discrimination, to protect the well-being of the involved parties and the broader University community. These measures are temporary and can be modified as an investigation proceeds. Such actions include, but are not limited to, involuntary placement of an employee on paid leave, no contact orders, interim suspension, removal from campus, reassignment of work or housing location, or other means.

Investigator: A designated University employee(s) and/or an independent third party assigned to conduct an investigation pursuant to this Policy. The investigator will gather information and evidence, determine which of the information and evidence is relevant to the allegations, conduct an analysis of the relevant information, and determine whether the alleged conduct violated the Policy based on the information and evidence gathered. The investigator is neutral and does not act as an advocate for either party.

Party: A Complainant or Respondent.

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.

Privacy: Privacy means that information related to a report or Complaint alleging Prohibited Conduct will be treated with the utmost discretion and will be shared only with a limited circle of individuals who “need to know” in order to assist in the review, investigation, and resolution of the matter, and/or other disclosures necessary to fulfill University operations, including assisting students or employees in their success, or as otherwise required by law. The DOS is a private, not confidential, appointment and office. 

Prohibited Conduct: Discrimination or Harassment on the basis of actual or perceived membership to one or more of the Protected Classes described in the Policy, filing a False Complaint and/or engaging in Retaliation.

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; Affectational or sexual orientation; Gender identity or expression; Disability (including mental or physical, including perceived disability, and AIDS and HIV status); 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. Of note, the Civil Rights Act of 1964 also prohibits discrimination on the basis of race, color and national origin in any program receiving federal financial assistance.

Report: A report is notification to the University that an individual believes an incident(s) of discrimination, harassment and/or retaliation occurred. A report and complaint are not the same. Individuals are not required to make a Complaint in order to receive Supportive Measures, and the University will take Responsive Measures as appropriate to all reports regardless of whether a Complaint is initiated.

Reporting Party: A Reporting Party is either the Complainant or a third party who has reported a potential violation of this Policy.

Respondent: An individual, individuals, and/or organization affiliated with the University alleged to have violated the Policy is a Respondent. When organizations are Respondents, the individuals who are registered as organizational leader(s) with the University serve as the organizational representatives.

Responsive Measures: Measures designed to respond to allegations of Prohibited Conduct including but not limited to educational conversations and educational programming.

Retaliation: An act of intimidation, harassment, or reprisal against an individual(s) for initiating a good faith complaint, participating in any proceeding under this Policy, or for otherwise exercising their rights under this Policy or the law. 

Supportive Measures: Supportive measures are non-disciplinary and non-punitive individualized services offered as appropriate, and as reasonably available, regardless of whether a Complaint is filed. Supportive measures are designed to restore or preserve equal access to the University’s programs and activities without unreasonably burdening the other party, eliminate the Prohibited Conduct, and prevent its recurrence. Such measures can be modified as a Party’s needs evolve over time or circumstances change. 

Undue Delay: Undue delay is defined as five (5) business days for the purposes of this Policy.

B. 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. 

C. 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.

D. 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. 

E. Prevention of Harassment, Discrimination and Retaliation 

Prevention of harassment, discrimination, and retaliation is the responsibility of all members of the Drew community. 

F. Multiple or Related Complaints

Where the same facts or circumstances involve violations of multiple 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.

G. Academic Freedom

Speech or expression protected by the University’s Policy on Freedom of Expression, including Academic Freedom, are not subject to discipline under this Policy, unless they rise to the level of Harassment or Discrimination.

III. Other Important Concepts

A. Privacy

All proceedings, documents, activities, and meetings related to a specific investigation and/or complaint are considered private, as permitted by this Policy or applicable law. While privacy will be maintained to the extent possible, the University cannot commit to privacy on an across the board basis. The University will use its best efforts not to disseminate information about an investigation or complaint beyond those who have a need to know. Consistent with its obligations under state and federal law, however, the University may be required to take reasonable investigative steps, even in the face of a request for privacy or a request not to pursue an investigation.

While it is common to discuss matters with others, Parties and those interviewed in connection with this policy should not disclose information about the investigation, report, 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). 

While written and typed notes are allowed, due to privacy and other considerations, the University does not allow for video or audio recordings at any point of this process by any party unless explicitly stated as part of the policy/process and/or announced by the official in charge.

B. Communication to Parties and Witnesses

All official communications to Parties and witnesses will be sent to their University-issued drew.edu email address. If a Party or witness does not have a University email account, communications will be sent to the mailing or email address on record with the University. Parties and witnesses are considered to be on notice as of the date a communication is sent.

Failure to acknowledge or respond to a communication does not delay or alter the processes described in this Policy. Individuals who do not respond will continue to receive required notices but may not be granted additional time to reply or comply. Non-acknowledgment or failure to respond is not grounds for appeal of any outcome under this Policy.

It is the responsibility of each Party and witness to ensure that their contact information on file with the University is accurate and up to date. The University is not responsible for any missed communications resulting from an individual’s failure to maintain current contact information.

C. Advisors

Complainants and Respondents may be accompanied by one advisor of their choice during meetings and investigation interviews. Advisors may not actively participate in the process, speak on behalf of a Party, or answer questions for a Party. However, Parties may request to consult privately with their advisor during a meeting or interview. 

Individuals who may serve as fact witnesses are not permitted to serve as advisors.

Witnesses are not entitled to have an advisor present at meetings or interviews.

The University does not provide or assign advisors, nor does it identify individuals to serve in this role, to matters falling under the scope of this Policy.

D. Timeframe for Reporting

The University encourages individuals to report allegations of Prohibited Conduct in a timely manner to maximize the University’s ability to respond promptly and equitably. While there is no time limit for filing a report, delayed reporting may limit the University’s ability to investigate or take responsive action.

The University cannot pursue disciplinary action against an individual who is no longer affiliated with the University. In such cases, however, the University will provide reasonably available support and resources, and take reasonable steps designed to eliminate any hostile environment, prevent recurrence of the conduct, and address its effects.

E. Supportive, Responsive, or Interim Measures

Individuals are not required to file a Complaint to receive Supportive Measures, Responsive Measures, or Interim Measures reasonably designed to remedy the effects of the alleged behavior. After review of the matter, the University may, if appropriate, implement Supportive Measures, Responsive Measures, or other Interim Measures. Supportive Measures and Responsive Measures may, at times, constitute a resolution to a reported matter and negate the necessity to resolve the matter in accordance with the Informal Resolution Process or Formal Resolution Process as described in Sections V. and VI., respectively, below.

The University may also implement Interim Measures prior to completing a complaint resolution process based on the nature of the alleged conduct. The decision to implement Interim Measures is made on a case-by-case basis in consultation with appropriate offices. Failure to comply with an Interim Measure may constitute a violation of applicable University policy and may result in disciplinary action.

Discipline will not be imposed absent a finding that the Respondent is responsible for a violation of the Policy using the Formal Resolution Process.

F. Conflicts of Interest or Bias

If a Party believes that any individual involved in the process has a conflict of interest or bias, they may make a request to the Vice President for Campus Life (VPCL) that the individual not participate. This request must be submitted in writing to the VPCL within three (3) business days after notification of that person's involvement in the process. Any request must include a description of the actual or perceived conflict or bias. The request will be reviewed by the VPCL, who will determine whether to proceed as initiated or if reassignment is necessary.

IV. REPORTING PROHIBITED CONDUCT

A. Making a Report

A Report is notification to the University that an individual believes Prohibited Conduct occurred. Individuals can make a Report and receive Supportive Measures without filing a Complaint. Making a Report does not automatically initiate a Complaint. For information about initiating the Informal Resolution Process or Formal Resolution Process see Sections V. and VI., respectively, below.

Individuals may report any behavior they believe, in good faith, may constitute a violation of the Policy. Individuals are not expected to know for certain whether behavior constitutes Prohibited Conduct prior to reporting such behavior.

The University is limited in its ability to address matters reported anonymously but will take reasonable measures to respond effectively given the information available, including evaluating whether it is necessary or possible to initiate a Formal Resolution Process.

B. How to Make a Report

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 via the Discrimination/Harassment Incident Reporting Form. Should notice of Prohibited Conduct be given to a non-confidential employee, they must complete the form and provide all information that they have been made aware of.

C. Initial Assessments of Reports

The DOS will review the Report and determine if the Report falls within the jurisdiction of this Policy. If the matter does not fall within the scope of this Policy, the matter will be addressed as appropriate including, but not limited to, referral to another office. 

It is the practice of the University to address all reported concerns of Prohibited Conduct that fall within the scope of this Policy by taking action to stop the behavior, remedy the effects of such behavior, and prevent it from recurring. The University may use the Informal Resolution Process or Formal Resolution Process described in this Policy or other appropriate measures to accomplish these outcomes, including but not limited to Supportive Measures, Responsive Measures, educational conversations, and Interim Measures. 

The DOS or designee will conduct an initial assessment, including an intake meeting with the Reporting Party. Should the Reporting Party not attend the intake meeting, the DOS will consider all known circumstances and evaluate the allegation using the appropriate criteria including, but not limited to, whether the known parties are Covered Persons under the Policy and whether the allegations, if true, would rise to a violation of the Policy.

In making the initial assessment and determining the appropriate action, the DOS will: 

1. conduct an inquiry to try to determine what occurred. The extent of the inquiry and responsive steps will depend on the specific circumstances of the alleged conduct (including the nature and location of the alleged conduct), the University’s relationship to the impacted party, and the University’s relationship to and level of control over the organization or individual alleged to have engaged in the conduct; and 
2. take prompt steps reasonably calculated to stop any substantiated conduct, prevent its recurrence, and, as appropriate, remedy its effects.

D. Resolution of a Report

After conducting the initial assessment, if the DOS decides that the alleged behavior may violate the Policy, the DOS will notify the Complainant of their decision. The Complainant will then notify the DOS in writing if they wish to remedy the alleged conduct through Supportive Measures, an Informal Resolution Process, or a Formal Resolution. The University reserves the right to respond independently, or differently, from the requests of the Complainant. If the DOS determines that the alleged behavior does not fall within the scope of this Policy, the DOS will notify the Complainant of its decision via email.

A Report is considered to be closed when: (1) the impacted party indicates they do not wish to proceed with the Informal Resolution Process, set forth in Section V. below, or the Formal Resolution Process, set forth in Section VI. below, and the University decides not to initiate a Complaint, (2) after making an initial assessment, the University determines that in light of the known facts all necessary action has been taken to stop the behavior, prevent its recurrence, and remedy the effects, (3) Supportive Measures, Responsive Measures, or Interim Measures have resolved the matter to the impacted party’s satisfaction, and/or (4) when the University has, if necessary, implemented measures designed to prevent or remedy a potentially hostile environment.

Impacted parties will receive notice that the matter has been closed. The University or a Complainant may reopen a matter and initiate a Complaint as described in Section IV.B. below, at any time, provided that the matter has not already been resolved pursuant to a complaint resolution process.

Accused parties may not receive notice that a Report has been made unless (1) an Informal Resolution Process is requested or Formal Resolution Process is initiated, (2) a Supportive Measure or Responsive Measure materially impacts them, or (3) the University determines there is a need to implement an Interim Measure that materially impacts them pending the outcome of the initial assessment or complaint resolution process.

V. COMPLAINT RESOLUTION PROCESS

A. Making a Complaint

A Complaint and a Report are not necessarily the same. A Complaint is an indication in writing or otherwise, requesting initiation of a resolution process outlined below. Individuals are not required to make a Complaint in order to receive Supportive Measures, and the University will take Responsive Measures as appropriate to all Reports regardless of whether a Complaint is initiated. 

B. Initiating the Complaint Resolution Process

This Policy provides for two distinct complaint resolution processes – the Informal Resolution Process and Formal Resolution Process. Information about the Informal Resolution Process is contained in Section VI., and information about the Formal Resolution Process is contained in Section VII. Only a Complainant or the University have a right to initiate the complaint resolution process. 

In the event a Complaint is filed against an individual who is not a Student or Employee, the DOS will conduct an assessment of the allegation(s), which may include but is not limited to gathering relevant information, interviewing individuals with relevant information, and consulting with individuals and offices both internal and external to the University. After conducting the assessment, the DOS will determine what action(s), if any, the University will take to address the allegation(s) and eliminate and prevent any hostile environment in the University’s education program or activity.

Complainants may make a request to DOS to withdraw their Complaint. DOS may, at its discretion, allow the Complaint to be withdrawn. In making that determination, DOS will consider its ability to stop the behavior, remedy the effects of such behavior, and prevent it from recurring and may opt to initiate a Formal Resolution Process.

C. Initial Assessment of Complaints

The DOS will review incoming Complaints and determine if the Complaint falls within the jurisdiction of the Policy. If the matter does not fall within the scope of the Policy, the matter will be addressed as appropriate, including but not limited to referral to another office. It is the practice of the University to address all Complaints of Prohibited Conduct that fall within the scope of this Policy by taking action to stop the behavior, remedy the effects of such behavior, and prevent it from recurring. The University may use the Informal Resolution Process or Formal Resolution Process described in this Policy or other appropriate measures to accomplish these outcomes, including but not limited to Supportive Measures, Responsive Measures, educational conversations, and Interim Measures. 

During the initial assessment, the DOS will conduct an intake meeting with the Complainant,  consider all known circumstances and evaluate the allegation(s) using the appropriate criteria, including, but not limited to, whether the known Parties are Covered Persons and whether the allegations, if true, would rise to a violation of the Policy.

In making the initial assessment and determining the appropriate action, the DOS will:

1. conduct an inquiry to try to determine what occurred. The extent of the inquiry and responsive steps will depend on the specific circumstances of the alleged conduct (including the nature and location of the alleged conduct), the University’s relationship to the Complainant, and the University’s relationship to and level of control over the organization or individual alleged to have engaged in the conduct; and
2. take prompt steps reasonably calculated to stop any substantiated conduct, prevent its recurrence, and, as appropriate, remedy its effects.

If the DOS determines that the alleged behavior may violate the Policy, the DOS will notify the Complainant of their decision via email. The Complainant will decide and notify the DOS via email if they wish to remedy the alleged conduct through Supportive Measures, an Informal Resolution Process, or a Formal Resolution. The University reserves the right to respond independently, or differently, from the requests of the Complainant. If the DOS determines that the alleged behavior does not fall within the scope of this Policy, the DOS will notify the impacted party of its decision via email.

VI. INFORMAL RESOLUTION PROCESS

An Informal Resolution Process is often sought after as an alternative to the Formal Resolution Process. It is designed to eliminate the conduct at issue, prevent its recurrence, and remedy its effects in a manner that reflects the expressed preference of the Complainant while supporting the safety and welfare of the campus community. 

Participation in the Informal Resolution Process requires the explicit and voluntarily agreement of the Parties to participate in the process, resulting in mutually agreed upon remedies to the behavior, generally designed to allow a Respondent to acknowledge harm and accept responsibility for repairing harm (to the extent possible) experienced by the Complainant and/or University Community. Engaging in the Informal Resolution Process is not an admission of responsibility for the allegation or an admission of the falsehood of the allegation. An informal resolution does not constitute a formal finding against the Respondent.

The Informal Resolution Process is voluntary for all parties and can be requested by either the Complainant or Respondent at any time after a Complaint has been submitted and prior to a determination of responsibility in a Formal Resolution Process. Either party may withdraw from the Informal Resolution Process at any time prior to signing a resolution agreement and proceed with a Formal Resolution Process. 

The DOS has the discretion to determine whether the Informal Resolution Process is appropriate. This process may not be appropriate in all cases, and DOS may decline to offer the Informal Resolution Process despite one or more of the Parties’ wishes. When deemed appropriate, DOS may also decide to end the Informal Resolution Process at any time before all Parties have signed an Informal Resolution Agreement. Factors considered by DOS in exercising this discretion may include, but are not limited to, whether the alleged Prohibited Conduct would present a future risk of harm to others. The University will not offer an Informal Resolution Process if doing so would conflict with federal, state, or local law.

The DOS will determine the appropriate method of the Informal Resolution Process and appoint  an individual to facilitate the Informal Resolution Process. Forms of Informal Resolution Processes include, but are not limited to, Supportive Measures, Responsive Measures, educational conversations or measures, facilitated conversations, and other measures as appropriate.

The terms of any Informal Resolution Agreement are subject to the review and approval of the appropriate Disciplinary Authority.

A resolution agreement must be signed by both Parties and may include timelines or deadlines for compliance. Once signed, the agreement serves as the binding resolution and Notice of Outcome. There is no option to appeal an Informal Resolution agreement, nor may the matter proceed to the Formal Resolution Process unless a term of the agreement is broken or left incomplete. Failure to comply with the agreement may be referred to alternative processes for further review and adjudication.

Information obtained during the attempted Informal Resolution Process will not be used in any subsequent Formal Resolution Process. That same information, however, if gathered in the normal course of the Formal Resolution Process’s investigation, may be deemed relevant and considered when making a determination of responsibility. The University will seek to complete Informal Resolution proceedings within 60 business days of receiving the Complainant’s written request and DOS’s approval to proceed.

A full investigation of the allegation(s) is not conducted in the Informal Resolution Process. Once a Complaint has been resolved through the Informal Resolution Process, the matter will be closed. Allegations resolved through the Informal Resolution Process will not advance to a  Formal Resolution Process. If a term of the Informal Resolution Agreement is broken or incomplete, additional University processes may take place as a means to further remedy the Prohibited Conduct and all information obtained during the completed Informal Resolution  Process may be used in any subsequent processes.

VII. FORMAL RESOLUTION PROCESS

The Formal Resolution Process may be initiated when:

1. Attempts at informal resolution between a Complainant and Respondent are unsuccessful;
2. Supportive Measures and/or Responsive Measures have not been effective;
3. A Complainant or Respondent decides not to resolve the matter informally and instead chooses to pursue the Formal Resolution Process; and/or
4. The University determines that the Formal Resolution Process is warranted.

The only individual who may serve as a Complainant is the person to whom the Prohibited Conduct was directed. If the Complainant does not wish to proceed with the Formal Resolution Process, the University may initiate a Complaint if it has actual or constructive notice of a potential hostile environment or potential discriminatory conduct in violation of the Policy. In making the determination to proceed with a University initiated Complaint, the University will consider all relevant factors which may include, but are not limited to, the context, nature, scope, frequency, duration, and location of the alleged Prohibited Conduct, as well as the identity, number, and relationships of the persons involved. If the University decides not to initiate a Complaint, it will document its rationale and the actions it has taken to eliminate any hostile environment or discriminatory conduct. If the Complainant does not wish to proceed with the Formal Resolution Process, the University will determine whether to initiate a Complaint within two (2) business days following notice that the Complainant does not wish to proceed with a Formal Resolution Process.

DOS may also investigate and resolve possible or alleged violations of other University policies that are ancillary and/or related to the allegations in the Complaint.

A. Initiation of the Formal Resolution Process

Upon submission of a Complaint, both Parties will be provided simultaneous written notice of the Complaint in a timely manner. The Notice of Complaint will include the allegations being made, the Prohibited Conduct implicated by the allegations, the right of the Parties to be accompanied by an advisor, notice that the Respondent is presumed not responsible, and information on the privacy requirements and the prohibition of Retaliation.

The Parties will have the opportunity to schedule a non-investigative meeting with the DOS to discuss the investigation and Formal Resolution Process. Supervisors or applicable administrators may be notified as necessary to implement Supportive Measures or as otherwise needed to ensure there is no disruption to the employment or educational environment.

The Investigator may conduct interviews with and request relevant documents, emails, text messages, or other records from the Complainant, Respondent, witnesses, or any other individuals or offices. Parties will be given at least two (2) business days’ notice of an investigative meeting. Reasonable efforts will be made to schedule meetings at the Parties or witness’ convenience. Such adjustments, however, may not be available if they create an Undue Delay. Failure to respond to notice of a meeting or to attend a previously scheduled meeting will not halt or delay the investigative process and may result in a determination being made without the Party’s or witness’s information being considered.  Failure of a University employee to cooperate for an interview or other actions required under this Policy may result in formal discipline for the employee.  

Once all relevant information has been collected, the Investigator will evaluate the information and prepare an investigation report and/or summary for the Decision Maker. The Decision Maker, a designated University employee or independent third party assigned by the University, will determine responsibility and administer sanctions as appropriate. 

A Respondent may accept responsibility for the alleged behavior at any time during the process. In such a case, the Decision Maker will make a determination regarding appropriate discipline.

B. Standard of Proof and Determination of Responsibility

In all stages of the process, the University will apply the “preponderance of the evidence” standard when determining whether the Policy has been violated. The totality of the circumstances will be considered in making this determination. 

At the conclusion of the investigation, the Decision Maker will make a determination as to whether the conduct violated the Policy and, if so, any appropriate disciplinary action. The Decision Maker’s determination regarding responsibility and discipline will be provided to the Parties in writing, via their Drew email address, within ten (10) business days of the Decision Maker’s receipt of the investigation report or investigation summary. 

1. Finding of “Not Responsible” of the University’s Policy on Discrimination and/or Harassment

If there is a determination that the behavior investigated did not violate this Policy, both Parties will be so informed via email. Either Party may appeal such a finding. The process for appealing such a finding is set forth in Section VIII. below. If retaliatory behavior occurs after the issuance of this determination, either Party may bring a complaint under this Policy.

2. Finding of “Inappropriate Behavior Not Rising to the Level of a Violation” of the University’s Policy on Discrimination and/or Harassment

There may be a determination that the behavior was inappropriate and/or unprofessional but did not rise to the level of violating this Policy. Such behavior may merit discipline, ongoing monitoring, coaching, or other appropriate action. Either Party may appeal such a finding. The process for appealing such a finding is set forth in Section VIII. below. If retaliatory behavior occurs after the issuance of this determination, either Party may bring a complaint under this Policy.

3. Finding of “Responsible” of the University’s Policy on Discrimination and/or Harassment

a. Respondent is a Faculty or Staff Member

If there is a determination that the behavior did violate this Policy, the Human Resources Department and/or the appropriate Dean’s Office will determine the appropriate corrective actions to be taken. In addition, where appropriate, the Human Resources Department and/or the appropriate Dean’s Office may implement measures to ensure that the person who filed the complaint is not subjected to further discrimination or harassment, and to remedy the effects of any discrimination or harassment that may have occurred. Remedial steps, at the discretion of the University, may include, but are not limited to, counseling or training; separation of the parties; and/or discipline of the Respondent, including a written warning, financial penalty, suspension, demotion or termination in accordance with University policy. The process for appealing such a finding is set forth in Section VIII. below.

The University’s ability to discipline an individual who is not an employee or student (such as a vendor or contractor) is limited by the degree of control, if any, the University has over such individual(s). Nonetheless, the University will seek to take appropriate action in response to violations of this Policy.  If the Respondent is a regular employee of an outsourced role, that company/firm will be notified so they may begin their internal process.

b. Respondent is a Student

If there is a determination that the behavior did violate this Policy, the Decision Maker will determine the appropriate corrective actions to be taken. In addition, where appropriate, the Decision Maker may implement measures to ensure that the person who filed the complaint is not subjected to further discrimination or harassment, and to remedy the effects of any discrimination or harassment that may have occurred. Remedial steps, at the discretion of the University, may include, but are not limited to, a warning, reprimand, disciplinary probation, withholding of degree, suspension, and/or expulsion. The process for appealing such a finding is set forth in Section VIII. below.

VIII. APPEALS

Each Party may appeal, as applicable, any determinations of responsibility and/or sanctions rendered by a Decision Maker during the Formal Grievance Process. The circumstances available to appeal, the specific grounds to which Parties can appeal on, and the procedures associated with submitting and evaluating appeals are outlined below.

1. If either Party chooses to submit an appeal, the appeal must be submitted in writing to the identified Appeal Officer within five (5) business days of the issuance of the Notice of Outcome, and include any supporting documentation that the Party wishes to be considered. 
2. Failure to submit a written appeal within this five (5) business day period forfeits the right to appeal under this Policy, and the decision is final.
3. Upon receipt of the appeal, the Appeal Officer will notify the other Party, in writing, that an appeal has been filed, and provide a copy of the appeal and any supporting documents to the non-appealing Party. The non-appealing Party may submit a written response within five (5) business days after issuance of the notice of  appeal. If both Parties appeal, the appeals will be considered concurrently.
4. Appeals may be no longer than 5 pages (excluding attachments). Appeals should be submitted in electronic form using ARIAL or TIMES NEW ROMAN, 12 point font, and single-spaced. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the Party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.
5. Deference is given to the Decision Maker’s findings regarding responsibility and/or sanctions issued. The burden of proof is on the party filing an appeal.
6. Grounds for Appeal - Appeals may be granted for the following reasons only: 
   1. New Information - New material evidence that was not reasonably available at the time of the decision regarding responsibility was made.
   2. Process Review - A procedural error was made that materially affected the outcome of the matter. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
   3. Disproportionate Sanction - The sanction(s) assigned are clearly disproportionate to the Policy violation.
7. Appeal decisions will be rendered within ten (10) business days after the receipt of a written appeal. The Appeal Officer will email their decision to the Parties, unless the Appeal Officer notifies the Party of a delay.
8. All appeal decisions are final and are not subject to further review.

IX. PROCESS TIMEFRAMES

The University seeks to complete investigations, disciplinary processes, and appellate processes that fall under this Policy as promptly as possible. 

A. Report Timeline

Upon receipt of a Report:

1. within two (2) business days, the DOS will email the Reporting Party confirming receipt of such Report. We strongly encourage all reports to be filed via the Discrimination/Harassment Incident Reporting Form as it will auto respond with university resources.
2. Within five (5) business days, the DOS will determine whether the Report falls under the Policy.
3. Within ten (10) business days, the DOS will conduct an initial assessment and intake meeting with the Reporting Party.
4. If the DOS determines the alleged behavior may violate the Policy, the DOS will inform the Complainant via email within two (2) business days of its decision. The Complainant will have five (5) business days from when DOS issues the notification to decide and notify the DOS via email whether they would like to remedy the alleged conduct through Supportive Measures, an Informal Resolution or a Formal Resolution Process.
5. If the DOS determines that the alleged behavior does not fall within the scope of this Policy, the DOS will notify the Complainant of their decision to close the matter via email within two (2) business days of its decision. Accused parties may not receive notice that a report was filed

B. Complaint Timeline

The process timeline begins at the time the Complaint is submitted, not a Report. If the Complainant previously filed a report and received a Report Resolution notification from the DOS stating that the alleged behavior may violate the Policy, jump to Section IX.D. below.

Upon receipt of a Complaint:

1. Within two (2) business days, the DOS will email the Complainant confirming receipt of such Complaint. 
2. Within five (5) business days, the DOS will determine whether the Complaint falls under the Policy.
3. Within ten (10) business days, the DOS will conduct an initial assessment and intake meeting with the Complainant.
4. If the DOS determines the alleged behavior may violate the Policy, the DOS will inform the Complainant via email within two (2) business days of its decision. Complainant will have five (5) business days from when DOS issues the notification to decide and notify the DOS via email whether they would like to remedy the alleged conduct through Supportive Measures, an Informal Resolution or a Formal Resolution Process.
5. If the Complainant does not wish to proceed with the Formal Resolution Process, DOS will determine whether to initiate a Complaint within two (2) business days of receiving such written notice.
6. If the DOS determines that the Complaint does not fall within the scope of the Policy, the DOS will inform the Complainant via email within two (2) business days of its decision and the matter will be addressed as appropriate, including but not limited to referral to another office.

C. Initiation of an Informal Resolution Process

The Informal Resolution Process will take an average of sixty (60) business days. For more information regarding this process, refer to Section VI. above.

D. Initiation of the Formal Resolution Process

A Formal Resolution Process will take an average of ninety (90) business days, excluding any appeal actions.The length of investigations may vary with the complexity and unique factors of each case. At times, a delay may be needed based on a variety of factors including, but not limited to, circumstances in which critical witnesses are unavailable, University breaks, or at the request of law enforcement. 

Below is an overview of the approximate time associated with the major stages of the Formal Resolution Processes after the DOS receives a Complaint. All timeframes set forth in this process are estimates and may be adjusted at the discretion of the DOS. The Complainant and Respondent will be notified of any delays or extensions of these timeframes.

1. A Notice of Complaint will be issued to the Parties within three (3) business days from the Complainant’s or University’s decision to initiate a Formal Resolution Process.
2. An Investigation of the allegations will take approximately 45 business days. Upon completion of the investigation, an investigation report/summary will be sent to the Decision Maker.
3. The Decision Maker will issue their Notice of Outcome to all Parties via email, including any disciplinary action, within ten (10) business days from the Decision Maker’s receipt of the investigation report/summary.
4. Any Party may appeal the Notice of Outcome within five (5) business days of its issuance.
5. Upon receipt of an appeal, the Appeal Officer will issue a Notice of Appeal to the non-appealing party via email. The non-appealing Party may submit an appeal within five (5) business days of the issuance of the Notice of Appeal.
6. An appeal decision will be issued within ten (10) business days of the  University’s receipt of appeal.

X. ACCOMMODATIONS

This Policy does not alter any institutional obligations under state or federal disability laws, including the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations to procedures under this Policy. Students should contact the Office of Accessibility Resources at oar@drew.edu. Faculty and staff should contact the Human Resources department at humres@drew.edu.

XI. FILING A DISCRIMINATION AND/OR HARASSMENT COMPLAINT EXTERNALLY

Members of the University community may elect to file a Complaint directly with external agencies that investigate discrimination/harassment charges in addition to utilizing this internal Drew procedure. These external agencies are federal and state agencies authorized to investigate such claims. The appropriate agency will depend on the nature of the Complaint and each agency will have their own timeframes for accepting and determining the Complaint.  Examples of agencies include: the United States Equal Employment Opportunity Commission; the United States Department of Education, Office for Civil Rights; and the New Jersey Division on Civil Rights. 

XII. CONTACT INFORMATION FOR INDIVIDUALS RESPONSIBLE OF ADJUDICATING ACTIONABLE INCIDENTS

Below are the primary University employees who may be involved in adjudicating matters under this Policy. In certain circumstances the University reserves the right to assign other employees or third parties to serve as adjudicators.