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 and retaliation, are strictly prohibited. Allegations of sexual and gender-based discrimination and/or harassment are addressed under the University’s Sexual Misconduct Policy.
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.
II. Policy
Definitions
Complainant: Person whose rights under this Policy are alleged to have been violated
Respondent: Person who is alleged to have engaged in misconduct under this Policy
Discrimination: Unwelcome conduct or action based on a person’s protected class status that may adversely and unreasonably interfere with their education or work and that is sufficiently severe, pervasive, or offensive.
Protected Class: A group of people with a common characteristic who are protected by federal, state, and local laws from discrimination and harassment, based on that characteristic. The New Jersey Law Against Discrimination prohibits discrimination and bias-based harassment based on actual or perceived: Race or color; Religion or creed; National origin, nationality, or ancestry; Sex, pregnancy, or breastfeeding; Sexual orientation; gender identity or expression; Disability; Marital status or domestic partnership/civil union status; Liability for military service; In housing: familial status and source of lawful income used for rental or mortgage payments; In employment: age, atypical hereditary cellular or blood trait, genetic information, the refusal to submit to a genetic test or make available to an employer the results of a genetic test.
For any complaint alleging sexual harassment or sexual misconduct, the University's prohibitions against sexual misconduct, sexual harassment, and retaliation are detailed in the University’s Sexual Misconduct Policy.
Discriminatory Harassment: Verbal or physical conduct that demeans or shows hostility, or aversion, toward an individual because of their protected class status. Harassing conduct consists of a range of behaviors that a reasonable person would consider so offensive, severe, persistent, or pervasive as to interfere with a person’s ability to participate in educational or work activities or programs. It can include epithets, slurs, jokes, negative stereotyping or threatening, intimidating or hostile acts that relate to a person’s protected class status. Harassment can be communicated through spoken words, physical actions, written or graphic material, or electronic or social media.
Hostile Environment Harassment: Hostile environment harassment can result from verbal or written communications, including attempts at humor or derogatory comments directed at an individual or group, based on protected class status, as well as comments made via phone, text message, e-mail, electronic posting or other electronic media. It includes communications that continue after a request to stop, and/or are unwelcome, and which unreasonably interfere with a student’s or employee’s ability to benefit from or participate equally in the University’s programs or work. The more severe the conduct, however, the less need there is to show a repetitive series of incidents
Retaliation: An act of intimidation, harassment, or reprisal against an individual for initiating a good faith complaint, participating in any proceeding under this Policy, or for otherwise exercising his/her rights under this Policy or the law.
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.
B. Procedure and Standard of Proof Applied to Determine Violation
Once a report is made, the University will initiate a prompt, thorough, and impartial investigation of allegations of discrimination, harassment, and/or retaliation under this Policy, pursue effective and reliable procedures and remedies, and seek to protect the rights of those involved. A finding that a violation of this Policy occurred is made by applying a preponderance of the evidence standard.
C. Claims of Retaliation
Retaliation is a separate, serious offense under this Policy and will be considered independently from the merits of the underlying allegation. Upon a finding that retaliation has occurred, the individual(s) will be subject to disciplinary action up to and including, termination of employment or expulsion from the University, as applicable.
D. Cooperation
All members of the University community have an obligation to cooperate in achieving the University's goal of an environment free of unlawful discrimination and harassment.
E. False Accusations
Anyone who knowingly makes a false accusation of discrimination, harassment, and/or retaliation will be subject to appropriate action, which may include disciplinary action up to and including, termination of employment or expulsion from the University, as applicable.
F. Prevention of Harassment, Discrimination and Retaliation
Prevention of harassment, discrimination, and retaliation is the responsibility of all members of the Drew community.
G. Multiple or Related Complaints
Where the same facts or circumstances involve violations of different University policies, all related complaints against a person will be addressed, heard, and resolved in an appropriate forum based on the constituency of the person complained against. Complaints alleging violations of this Policy that involve the same facts and circumstances cannot be pursued in multiple forums or on a serial basis.
H. Academic Freedom
Academic freedom is central to the University’s mission. This Policy is not intended to restrict free academic inquiry, educational purpose, or artistic expression. Drew’s policy on academic freedom follows best practices as articulated by the American Association of University Professors.
III. Reporting, Confidentiality, and Privacy
In an emergency, go to a safe place and call 911. Campus Security can also provide assistance and contact the police. Campus Security can be reached at (973) 408-3379.
Anyone subjected to discrimination, harassment, and/or retaliation is strongly encouraged to report the behavior by contacting the appropriate office or individual that can provide information about the variety of available reporting options and support services, including counseling and medical help, and can assist in contacting law enforcement. The best person to contact depends on whether the individual wishes to make a confidential report or is a student or employee. Anyone may file a private report via the Bias or Hate Based Incident Reporting Form.
All employees of the University who have knowledge of a violation of this Policy or who learn of allegations of discrimination, harassment, and/or retaliation in violation of this Policy (except those working in their legally-privileged capacity as a confidential resource) are required to report all such instances to the appropriate Dean’s Office, Human Resources, or via the Bias or Hate Based Incident Reporting Form.
A. Reporting Options
Confidential Reporting
Information shared by an individual with persons who have a recognized legal privilege, which requires them to keep your information confidential, will not be disclosed to any other individual without express permission of the individual. These resources are prohibited from sharing confidential information except in cases that involve imminent threat of harm to self or others, child abuse, or a court order.
On-campus confidential resources are as follows:
On-Campus Confidential Reporting Options for Students
- The McClintock Center for Counseling and Psychological Services: Holloway Annex, counseling@drew.edu, (973) 408-3398
- Health Services, Holloway Annex: health@drew.edu, (973) 408-3414
- University Chaplain: Seminary Hall, (973) 408-3718
b. On-Campus Confidential Reporting for Employees
- University Chaplain: Seminary Hall, (973) 408-3718
- Employee Assistance Program (EAP): unum.com/lifebalance, 1-888-854-1446
2. Private Reporting for Students and Employees
While the privilege of confidentiality is limited to persons with a recognized legal privilege, the following individuals can provide information about reporting options and procedures and assist in facilitating support:
- Dean of Student Life: Ehinger Center 147, (973) 408-3390 or stuaff@drew.edu
- Chief Human Resources Officer: Madison House, (973) 408-3515 or humres@drew.edu
3. Reporting to Law Enforcement
The University strongly encourages individuals to make a report to law enforcement of all criminal acts of discrimination, harassment, and retaliation, in addition to and/or separate from a report made to the University. Campus Security may directly report suspected criminal acts to the Madison Police Department for investigation.
Contact information for local law enforcement can be found below:
Madison Police Department: (973) 593-3000 or 911
Morris County Prosecutor’s Office: (973) 285-0006
Physical evidence, including but not limited to, documents, emails, texts, photos, social media posts, and videos should be preserved.
B. 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.
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.
IV. Responsive Action
The University will investigate, adjudicate, and remedy reports of violations of this Policy. The procedures utilized for responding to allegations of violations vary depending on the status of the respondent, whether they are a student, faculty or staff member, or other. If the respondent is a student, the allegations will be addressed under the Student Code of Conduct. If the respondent is a faculty or staff member, the allegations will be addressed under the Employee Handbook. If the respondent is a visitor, alum, guest, vendor, contractor, or other, they may be referred for criminal prosecution, be required to leave University property and/or banned from the campus and from participating in future activities. Hosts, including students or employees, or other individuals directly affiliated with the Drew community, are subject to this Policy and may be held responsible for the actions of their visitors or guests.