Sexual discrimination and harassment, including domestic violence, dating violence, stalking and sexual assault, are prohibited under state and federal law, as well as under Drew University’s Sexual Harassment and Misconduct Policy. The Policy represents Drew’s commitment to creating and maintaining a diverse and open educational community that addresses unwelcome, gender-based or sexual conduct, whether through words or actions, that is sufficiently severe, persistent, or pervasive to unreasonably interfere with or limit a person's ability to participate in or benefit from the University’s educational programs or work environment. It is intended to educate the community about sexual harassment and misconduct and to support and protect any member of the community who uses the Policy responsibly to pursue a complaint. Drew will investigate, adjudicate, and remedy reports of violations of the Policy and encourages the reporting of these matters to the Police.
The Policy and its procedures have been amended to address new and evolving requirements under federal, law designed to address domestic violence, dating violence, stalking, and sexual assault in campus settings. Comments, questions, and feedback are welcomed.
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Under this Policy, each member of the University community is expressly prohibited from verbal, physical, written, or any technology-based conduct that constitutes sexual harassment or misconduct, including domestic violence, dating violence, stalking, and sexual assault.
Purpose
The purpose of the Drew University Sexual Harassment and Misconduct Policy is to instill a climate of mutual respect and responsibility on matters associated with gender and sex. The Policy seeks to advance shared community values and foster equal educational and employment opportunity, access, and benefits. The Policy is designed to educate the members of the University community on common standards and norms and on each individual’s responsibilities to address sexual harassment, including domestic violence, dating violence, stalking, and sexual assault. Under this Policy, the University will initiate a prompt, thorough, and impartial investigation of any report of sexual harassment, including domestic violence, dating violence, stalking, and sexual assault, and will provide effective and reliable processes and procedures for seeking remedies, while affording a complainant and those accused appropriate time in advance of a hearing or meeting, an equal opportunity to be heard, and the right to appeal decisions. The University will seek to respect the parties and provide appropriate support, assistance and information, including aid in contacting law enforcement, if requested. In these matters, the University is committed to working to address the effects of sexual harassment and misconduct and preventing its recurrence.
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The Drew University Sexual Harassment and Misconduct Policy applies to members of the University community, including students, faculty, staff, and University officials. Discrimination or harassment, based on protected class status, even if it occurs off campus, can create a hostile environment and is prohibited under this policy.
Visitors, alumni/ae, guests, vendors, and contractors, who violate this Policy may be referred for criminal prosecution, be required to leave University property and/or banned from the campus and from participating in future activities. Hosts, including faculty, staff, and University officials, or other individuals directly affiliated with the Drew community, are subject to this Policy and other applicable conduct policies and may be held responsible for the actions of their visitors or guests.
Sex Offenses
Sex offenses consist of any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. The legal definitions of sexual crimes under New Jersey law may be found in the Annual Security Report. (Link)
1. Sexual Harassment and Misconduct
Sexual harassment and misconduct is unwelcome gender-based or sexual conduct, whether through words or actions, that are sufficiently severe, persistent or pervasive to unreasonably interfere with, deny or limit a person's ability to participate in or benefit from Drew’s educational program and/or activities. Sexual harassment and misconduct comes in many forms and consists of a variety of acts that a reasonable person would consider sufficiently severe or pervasive to create an intimidating, hostile, or objectively offensive educational environment.
Sexual misconduct includes actions that constitute serious criminal offenses, ranging from sexual assault or rape to other non-consensual sexual contact or activity. Sexual misconduct can also consist of acts that involve direct physical contact with another person's intimate parts, without their consent or where that person is not capable of consenting. It includes forcing another to engage in a sexual or intimate act against their will. Other serious criminal offenses, such as domestic violence, dating violence, and stalking, can constitute sexual misconduct.
Sexual harassment can also consist of acts that do not involve physical contact, such as derogatory verbal or on-line comments or graffiti, coercion, or intimidation.
Examples
The range of actions that make up sexual harassment and misconduct is extensive. Examples include, but are not limited to:
- Sexual assault.
- Intercourse without effective consent.
- Intercourse with an individual incapable of giving consent. Individuals incapable of giving consent include, but are not limited to, children or minors, someone who is intoxicated to the point of incapacitation, or someone who is asleep, unconscious, or otherwise unaware.
- Sexual or intimate physical contact without the effective consent of the other person.
- Unwelcome touching, kissing, hugging, or massaging.
- Unwelcome sexual advances.
- Unwelcome remarks about another person's private parts.
- Unwelcome requests or propositions for sexual favors or sexual contact.
- Unwelcome sexual innuendo or demeaning comments, whether oral, written, or digital, about a person's gender, sexual orientation, or gender affiliation.
- Insults or threats based on sex or gender.
- Recording, (whether by video, audio, photo, or any other digital medium), another person in a sexual or private context without their consent.
- Using force or coercion in furtherance of a sexual, romantic, or intimate interest.
- Use of e-mail, the Internet, social media, or other emerging digital technologies to do any of the above or otherwise discriminate against or harass another based on their gender or sexual orientation, or in furtherance of an unwelcome romantic, sexual, or intimate advance.
2. Forms of Sexual Harassment and Misconduct and Important Related Terms
2(a). Sexual Assault or Non-Consensual Sexual Intercourse
Non-consensual sexual intercourse is sexual intercourse or penetration (anal, oral or vaginal), without effective consent, however slight, with any object. It can constitute sexual assault under state law and can result in criminal prosecution.
Intercourse includes: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation, involving contact between the genitals and the mouth, no matter how slight the penetration or contact.
2(b) Non-Consensual Sexual Contact or Fondling
Nonconsensual sexual contact can consist of the deliberate and unwelcome touching, (however slight, with any object), of another’s intimate parts (genitalia, groin, breast, buttocks or clothing covering those areas), as well as fondling, and groping, kissing or using force to cause someone to touch another’s intimate parts. Sexual contact includes: contact with the breasts, buttocks, groin, or genitals; touching another with any of these body parts; making another touch you or themselves with any of these body parts; or other intentional bodily contact in a sexual manner.
Fondling consists of the touching of the private body parts of another person, without the consent of the victim, including where the victim is incapable of giving consent as a result of age or incapacity.
2(c) 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. Effective consent may never be given by minors, the mentally disabled who are unable to give consent , 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 or mentally disabled and, as a result, unable to provide consent.
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2(d) Incapacity (Alcohol, Drugs, etc.)
Incapacity means an individual is not capable of making a rational, reasonable decision because he or she lacks 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 substances often referred to as date rape drugs, including, but not limited to Rohypnol, Ketamine, GHB, or Burundanga.
Adding drugs, including prescription drugs, high-proof alcohol, or over the counter medication, to anything that can be ingested, is prohibited under this policy. 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.
Sexual interaction while incapacitated as a result of drugs or alcohol represents a threat to the well-being of persons engaging in sexual acts and can result in charges of sexual misconduct, including claims that a party was unable to provide effective consent to sexual acts. Use of alcohol or other drugs by the person complained against will not excuse behavior that violates this Policy or diminish his/her responsibility.
Possession of date rape drugs or other incapacitating substances is a serious criminal offense under the laws of the State of New Jersey and violates University standards and policies. Administering alcohol or any drug to another person for the purpose of inducing incapacity, in order to engage in sexual misconduct, is in violation of this Policy. Such conduct, whether alone, or in concert with others, is a crime, and represents a serious breach of community norms and standards and, if a person is found responsible, may result in expulsion.
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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
- inducing or attempting to cause another to become incapacitated,
- employment, scholastic, or other achievement related inducements, or
- knowingly transmitting a sexually transmitted infection, including HIV, to another.
2(f) Domestic Violence
Domestic violence involves a variety of serious offenses, including acts of violence, that are committed against someone by their current or former spouse or intimate partner, by a person with whom the parties have a child in common, a current or former cohabitant, or by someone who is similarly situated, such as persons in a relationship or children with respect to their parent or guardian. Under New Jersey criminal law, domestic violence can include acts or such as homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, and stalking.
2(g) Dating Violence
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with another. It is determined based on the reporting party’s statements, and in consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in that relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence applies to individuals who are in a dating relationship, a romantic relationship, or have sexual relations with each other. It can include a pattern of behavior where one person threatens to use, or uses, physical, sexual, verbal, or emotional abuse to control a dating partner.
2(h) Stalking
Stalking means a course of conduct directed at a specific person on at least two or more occasions that would cause a reasonable person to fear for her, his, or another’s safety, or to suffer substantial emotional distress.
Stalking can be accomplished, by direct action, indirect action or through third parties. The type of actions that can constitute stalking include following another, monitoring another, surveilling another, threatening another, communicating with another or by interfering with another’s property.
2(i) Quid-Pro-Quo Sexual Harassment
Quid-pro-quo sexual harassment (Latin for “this for that”) includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature arising from a person’s exploitation of his or her position, power, or authority. 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, access to programs, or when there is an implicit or explicit offer of advantage or preference.
2(j) Hostile Environment Harassment
Hostile environment harassment can involve verbal or physical actions based on gender or sex that are 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, living or work place. 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.
Sexual harassment can be effected through spoken words, physical actions, written or graphic material, or electronic or social media. Verbal, written or electronic conduct can constitute harassment or stalking. Harassment can be committed by differing individuals, including but not limited to, faculty, staff, contractors, vendors, friends, dates, romantic or interested partners, roommates, hall-mates, teammates, strangers, or by a group.
2(k). Gender Discrimination
Discrimination is any distinction, preference, advantage for or detriment to an individual, when compared to others that is based on gender, gender identity, gender orientation, or gender expression. The discrimination must be sufficiently severe, pervasive, and objectively offensive to create an intimidating, hostile, or offensive living, educational or working 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.
Gender-based harassment includes verbal or physical conduct that demeans or shows hostility, or aversion, toward an individual because of his/her gender and includes physical, verbal, or written or electronic conduct of a sexual nature that is sufficiently severe or pervasive to create an intimidating, hostile, or offensive educational or employment environment.
3. Retaliation
Drew University’s Sexual Harassment and Misconduct Policy seeks to encourage students, staff, and faculty to express freely and responsibly their opinions and feelings about any complaint of discrimination or harassment. Any overt or covert act of reprisal, interference, restraint, penalty, discrimination, coercion, or harassment, against a person who uses this Policy and its procedures not only undermines the University’s atmosphere of trust and collegiality, but threatens its ability to conduct investigations and to address violations. Retaliation includes any threat or other form of intimidation directed at a complainant, a witness, or a supporter at any point before, during or after an investigation, mediation and/or hearing. Accordingly, such acts violate this Policy and will be subject to appropriate and prompt disciplinary action as a disciplinary violation.
Upstander/Bystander Intervention
Upstander/Bystander intervention is taking reasonable and prudent actions to prevent or stop an act, or potential act of sexual misconduct, domestic/dating or other acts of violence. Intervening can prevent serious incidents from occurring and can consist of indirect or direct actions, including but not limited to, making a comment, removing someone from a situation, or calling for assistance
A simple statement, word of caution, offer of assistance, or phone call can serve to protect others and prevent serious harm.
The safety of Upstanders/Bystanders, as well as the safety of those at risk of sexual violence or assault, is a priority. We encourage members of the campus community to carefully consider their ability to take safe, reasonable, and prudent actions to prevent or stop an act of sexual misconduct, domestic/dating or other acts of violence. Upstanders/Bystanders are encouraged to contact Drew Public Safety, Campus Life, or Human Resources personnel. If off-campus, you should immediately seek assistance from a person in authority, or the local law enforcement.
Retaliation against an Upstander/Bystander is a violation of University Policy and will result in disciplinary action.
Amnesty
Drew encourages the reporting of sexual harassment and misconduct. As a result, Drew will not pursue drug or alcohol charges against students reporting offenses involving sexual harassment and misconduct based on their personal consumption of drugs or alcohol at or near the time of the incident. However, any such violation cannot have imperiled the health or safety of any other person. Amnesty does not preclude the University from pursuing educational measures, including discussion of the drug or alcohol offense regarding the risks and consequences of such activity.
False Complaints
This Policy shall not be used to bring frivolous or malicious charges against students, faculty or staff members. Discipline under the appropriate University Policy may be taken against any person knowingly bringing a false complaint of any form of discrimination, including sexual harassment and misconduct.
Multiple or Related Complaints
Where the same facts or circumstances involve violations of different Drew policies, all related complaints against a person will be addressed, heard, and resolved in an appropriate forum based on the constituency of the person complained against. Complaints alleging violations of this Policy that involve the same facts and circumstances cannot be pursued in multiple forums or on a serial basis.
Free Academic Inquiry
Academic freedom is central to the University’s mission. This Policy is not intended to restrict free academic inquiry, educational purpose, or artistic expression.
Reporting
University faculty, staff, administrators, and employees, including student employees and volunteers are required to share with one of the designated individuals listed on the contacts page any report of sexual harassment or misconduct, including domestic violence, dating violence, stalking, or sexual assault. This obligation does not extend to employees, such as psychological or psychiatric counselors, medical staff, or pastoral ministers while acting in a privileged capacity.
Cooperation
All members of the campus community should cooperate in an inquiry, investigation, and complaint resolution processes as required to ensure prompt, adequate, reliable and impartial fact-finding. Fact-finders are authorized to call upon any administrative subdivision of the University or employee or staff member for assistance as necessary to complete their work and/or may utilize external resources to conduct any aspect of the fact-finding as necessary.
Discussing Matters Confidentially
If you have questions or concerns about discussing a matter, or are simply not ready to make a report, to either Drew or law enforcement, confidential counseling is available to students at:
The Drew University Center for Psychological and Counseling Services (students) (Counseling Center), at: (973) 408-3398, or on the web at: Please refer to the updated policy at http://www.drew.edu/Counseling/
Confidential Pastoral Counseling is available through the University Chaplain at: (973)-408-3718, or via email at: tbennett@drew.edu.
Drew University Health Services (students) can be contacted at: (973)-408-3414, or via email at: health@drew.edu
The Employee Assistance Program (EAP)
Staff and faculty may contact Drew’s Employee Assistance Program (EAP), which is called CONCERN, directly at (800) 242-7371, or by calling Drew Human Resources at: (973) 408-3223.
Additional support services and resources are available to students, faculty, and staff at:
JERSEY BATTERED WOMEN'S SERVICE (JBWS)
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email: info@jbws.org
JBWS: http://www.jbws.org/
Jersey Center for Non-Violence,
A program sponsored by JBWS to help persons of any gender examine the use of force and/or abuse within intimate relationships and to learn alternatives.
Email:jcnv@jbws.org;
Fax: (973)-539-4068
Phone: (973)-539-7801
Jersey Center for Non-Violence, ACT and VISTA: http://www.jbws.org/batterers_intervention.html
Morris Cares
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Law Enforcement
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. (LINK)
- 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)-829-0587.Other resources are listed on the Contacts and Resources page at the end of the Procedures. (Link)
When health or safety is at risk, Drew's Department of Public Safety should be contacted immediately at (973)-408-4444.
Confidentiality and Privacy
All proceedings, documents, activities and meetings related to a specific fact-finding 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 with respect to matters that result in fact finding and/or a hearing or meeting. The University will use its best efforts not to disseminate information about a complaint or inquiry 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 student's request for privacy or a request not to pursue fact-finding.
In the event that a student/complainant decides not to approve any fact-finding, Drew may nonetheless be compelled to conduct an investigation in order to provide a safe environment without the threat of sexual harassment or misconduct. Consistent with federal guidance, these instances will be limited and Drew will make good faith efforts to limit the disclosure of that information to individuals involved in handling the school's response and will advise the complainant. That decision will be made by the Title IX Coordinator, or designee.
A student’s request that his or her identity not be disclosed to the accused, or that fact finding not be commenced, will necessarily limit Drew's ability to respond fully to the incident and may preclude Drew from pursuing disciplinary action against the accused. Retaliation against a student or employee for reporting an incident, whether by other students, employees, or officials, will be addressed consistent with University Policy and can result in discipline. The provision of assistance to students or employees seeking interim protective measures will be effected after consultation with the student. Any protective measures provided will be maintained as confidential to the degree possible without impairing the ability to provide the accommodations or protective measures. Potential protective measures may include, but are not limited to: changing residence, adjusting work schedules or situations, adjusting academic schedules, changing transportation, permitting withdrawal/removal from a course, providing tutoring, and no contact orders.
Parties and those interviewed in connection with a claim of discrimination or harassment should not disclose information about a report, fact finding, mediation, or adjudication to those outside the process in order to avoid interference, claim of undue influence, or retaliation.
Certain serious offenses, including reports of sexual misconduct and violence, are maintained by Public Safety in a log and listed in the Annual Security Report consistent with the requirements of federal law. That information, however, is logged and listed for statistical purposes only and does not contain names or other personally identifiable information. Such incidents should be reported to Public Safety, the Title IX Coordinator, or to the staffers listed on the Contacts and Resources page. (Link)
Confidentiality of Sanctions
Under federal law, a student’s sanction or discipline is part of the student’s educational record 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 only be disclosed consistent with applicable legal standards and requirements.
Training & Education
All faculty, staff, and students are required to receive sexual harassment and misconduct training, including programs on dating violence, domestic violence, sexual assault, stalking, Upstander/Bystander intervention, and drug and alcohol education. In addition, there are opportunities available on-campus, for students, faculty, and staff, for self-defense and personal safety 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.
The University reserves the right to impose interim restrictions, on an accused, as well as on a complainant, in its discretion. Counseling, health, victim advocacy, and other services are available for victims both on the campus and in the community. A listing of available resources may be found at the end of this document.
Written explanations of the rights and options afforded any person reporting that he or she has been a victim of domestic violence, dating violence, sexual assault, or stalking (whether on-campus or off ) will be provided to students and employees.
Notice of Prohibitions against Sexual Discrimination/Title IX Coordinator
Drew University does not discriminate on the basis of sex or gender in its education program or activities as required by Title IX of the Education Amendments of 1972, 20 U.S.C. sec. 1681 et seq. Inquiries regarding the application of Title IX, the Violence Against Women Act, or this Policy may be made to the University’s Title IX Coordinator: Dr. Rachel Pereira, Esq., 36 Madison Avenue, Madison, NJ 07940 (Hurst 14) at: (973)-408-3635; or at: rpereira@drew.edu. Complaints of sexual harassment or misconduct may also be reported to the Campus Conduct Hotline at 1-866-943-5787 or at: investigations@drew.edu.
Notice of Prohibitions against Sexual Assault, Domestic Violence, Dating Violence, and Stalking
Drew prohibits domestic violence, dating violence, stalking, and sexual assault and will address claims of misconduct consistent with this Policy and its Procedures.
Notice of Prompt Reporting
Drew encourages accurate and prompt reporting of all criminal acts to the Madison Police, the Morris County Prosecutors Office, and to Drew Public Safety. Faculty, staff, and employees should report incidences of sexual harassment and misconduct to the Title IX Coordinator or to Public Safety for anonymous, statistical logging and reporting in the Annual Security Report. When a victim is unable to report sexual misconduct or a sexual assault, the University will disclose education record information related to that offense to law enforcement without consent if necessary to protect the health or safety of the student, other individuals, or the community.
Other persons to whom these incidents should be reported and their contact information are listed on the Contacts and Resources page at the end of the Procedures. (Link)
Child Abuse and Endangerment
Every member of the Drew University community has an obligation under State law to report suspected child abuse. If you suspect that a minor who is on University premises for any reason, or is participating in a University-sponsored activity at another location, has been the victim of child abuse, you are required to immediately report the suspected abuse to the New Jersey Department of Children and Family (DCF), by immediately calling DCF at 1-877- NJ ABUSE (1-877-652-2873). Unless otherwise advised by DCF or law enforcement personnel, you should also provide notice of this report to the Drew Department of Public Safety, at (973)-408-3379. For more information on State reporting requirements and legal definitions, please see http://www.state.nj.us/dcf/reporting/how/ and http://www.nj.gov/dcf/reporting/links/
Portions of this Policy were adopted from models from NCHERM, with permission.
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