Policies & Procedures

Purpose

Students and employees of Rowan College of South Jersey (“College”) have the right to access and benefit from the educational and other programs and services of the College free from any form of sexual violence, harassment, or exploitation. The College prohibits sexual misconduct or harassment of any kind. These procedures have been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. For purposes of this and other related policies and administrative procedures, the term “sexual misconduct” is inclusive of dating violence, domestic violence, sexual assault, and stalking (“DVSAS”) and prohibited conduct as defined in Section VII below.

Accountability

Under the direction of the President, the Vice President, Chief Compliance Officer (“Title IX Officer”), located on the Gloucester campus in the College Center, telephone number (856) 415-2154, and on Cumberland campus, the Executive Director Threat Assessment Management, Title IX, Compliance, and Judicial Affairs, Academic Building, telephone number (856) 498-9948, or designee will implement and ensure compliance with these procedures.

Applicability

This policy applies to all students and employees. Regardless of where the prohibited conduct occurs, this policy applies if the Respondent (the accused party) is a student or employee of the College. This policy also applies to all prohibited conduct that occurs on College property (i.e., on campus) by visitors.

Title IX

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in the College’s programs and activities. It reads: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” As a recipient of federal financial assistance, the College has jurisdiction over complaints alleging sex discrimination, including sexual harassment and sexual misconduct (“DVSAS”).

Standard of Evidence

A finding under this policy will be based on the preponderance of the evidence standard, in other words, a finding will be made if the evidence as a whole shows that it is more likely than not that a violation of the sexual misconduct (“DVSAS”) policy occurred.

Policy Statements

1. When the College is made aware of a report or allegation of sexual misconduct (“DVSAS”) or harassment, the College will endeavor to maintain the confidentiality of the matter and of all individuals involved to the extent permitted by law. The College will balance the needs of the individuals involved (victim “Complainant” and accused “Respondent”) with its obligation to fully investigate allegations and to protect the safety and well-being of the community at large. In all cases, the College and its employees will respect the dignity and rights of all individuals involved. When consulting campus resources, victims should be aware that certain campus authorities are mandated to report and take action after receiving information regarding sexual misconduct (“DVSAS”) and harassment. These include, but not limited to, Safety and Security Officers, managers and supervisors, coaches, club and organization advisors, faculty, and deans. Anyone wishing to speak confidentially to an employee of the College should ask them about their ability to maintain confidentiality. Different people on campus have different reporting responsibilities, and different abilities to maintain confidentiality, depending on their roles at the College. Please refer to the charts on pages 12 to 14 for confidential reporting.
2. This policy applies equally to all students and employees regardless of their sex, gender identity, gender expression, or affectional or sexual orientation. This policy covers all female, male, gender non-conforming, and transgender students and employees. A violation of this policy may also be a violation of the New Jersey Law Against Discrimination (N.J.S.A. 10:5-12) which makes it unlawful to subject people to differential treatment based on many categories, including: sex, affectional or sexual orientation, and gender identity.
3. When an alleged violation of this policy is brought to the attention of the College, the College will promptly take effective steps to end the misconduct, prevent further violations, and remedy the effects of the violation on the Complainant and others, if appropriate. Please refer to Section XV, Resolution Procedures.
4. The College reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct (“DVSAS”) in order to protect students’ and employees’ rights and the personal safety of members of the community. While the College’s investigation is pending, the College will offer interim measures to protect the parties and others. Interim measures may include, but not limited to, safety plan development, no contact orders, interim suspension from campus/employment, academic accommodations, changing transportation and working situations, assistance with the College disciplinary process, referrals to on-campus and off-campus resources, or reporting to police. The College will maintain as confidential any protective measures provided to the Complainant, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the protective measures; e.g.; safety escort services, change of classrooms, if the victim requests them and if they are reasonably available. These measures can be offered regardless of whether or not the Complainant chooses to report the crime to the Office of Safety & Security or local law enforcement.
5. The College will only disclose information that is necessary to provide the accommodations or protective measures in a timely manner. Suggested accommodations or protective measures will first be reviewed by the Title IX Officer before implementation by a third party; i.e., Associate Vice President of Human Resources, Director, Student and Veteran Affairs, Director of Special Services, or Director of Safety. Victims will be informed before sharing personally identifying information necessary in order to provide an accommodation or protective measure.
6. The College will maintain as confidential any accommodation or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the accommodations or protective measures.
7. Prohibited conduct under this policy may also constitute a violation of federal, state, or local law and a student or employee may be charged in the criminal justice system as well as under this policy. Alternatively, charges can occur for violations of this policy which may not be violations of the law. The criminal justice system is different from this Title IX process. The College reserves the right to reach its own determination on violations of this policy independently of the outcome of any civil or criminal proceeding. The College reserves the right to hear a sexual misconduct (“DVSAS”) case before, after, or during the pendency of the civil or criminal matter. If a case is going through the criminal justice system, and a report has also been made to the College, the Title IX process at the College may proceed normally during the pendency of the criminal proceedings. Since the Title IX process is an educational disciplinary process, the legal rules related to evidence, criminal procedure, civil procedure, and administrative procedure do not apply to this process.
8. The College, at its sole discretion, may utilize an experienced lawyer (who is not a member of the campus community) to serve as hearing officer in cases of sexual misconduct (“DVSAS”). While the hearing officer will determine the finding after the case is concluded, the College reserves the right to impose any and all sanctions.
9. All employees and students will be provided with a prepared, standardized, and written notification regarding counseling, health, victim advocacy, legal assistance, mental health, visa and immigration assistance, student financial aid, and other services available both on campus and off campus. This written information will include a victim’s right to obtain a restraining order, a no contact order, information regarding preservation of evidence, reporting options, and reasonable accommodations. Contact information is provided for each of the services in Section X.
10. When a student or employee reports to the College that the student or employee has been a victim of sexual misconduct (“DVSAS”), whether the offense occurred on or off campus, the College will provide the student or employee a written explanation of the student’s or employee’s rights and options as described in paragraph 9 above.
11. All publicly available record keeping will be maintained without inclusion of personally identifiable information, inclusive of victims of dating violence, domestic violence, sexual assault, stalking and Clery Act reporting and disclosures.

Definitions of Prohibited Conduct

The following behaviors constitute sexual misconduct (“DVSAS”) and are prohibited under this policy. All forms of sexual misconduct (“DVSAS”) are serious offenses and will result in College disciplinary consequences. Additionally, the prohibition of sexual misconduct (“DVSAS”) will be communicated within existing prevention programs and awareness campaigns for all new and current students and employees.

1. Non-Consensual Sexual Intercourse or Penetration (Rape) means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without consent. Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
2. The College will maintain as confidential any accommodation or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the accommodations or protective measures.
3. Non-Consensual Sexual Contact (Fondling) means any intentional sexual touching, however slight, with any body part or any object, without consent. Examples of non-consensual sexual contact may include, but not limited to, genital-genital or oral-genital contact not involving penetration; contact with breasts, buttocks, or genital area, including over clothing; removing the clothing of another person; and kissing.
4. Sexual Exploitation means the behavior that takes, or facilitates the taking of, non-consensual sexual advantage of any person to benefit any other person when the behavior does not otherwise constitute a sexual misconduct (“DVSAS”) violation. Examples of sexual exploitation include, but not limited to:
   • • trafficking another person;
     • taking a non-consensual video, photograph, or audio recording of sexual activity without the other’s permission; taking a photograph or video of someone’s private parts (including genitals, groin, buttocks, or breasts) without permission; the transmission or dissemination (including, but not limited to, distribution via social media) of such video, photograph, or audio recording without permission;
     • allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or live-streaming of images);
     • frottage which means the act of obtaining sexual stimulation by rubbing against a person or object;
     • voyeurism or spying on persons where they have a reasonable expectation of privacy;
     • knowingly transmitting a sexually transmitted infection to another person without the other’s knowledge; and
     • revenge porn which means the sharing of private, sexual materials, either photos or videos, of another person without their consent and with the purpose of either causing embarrassment or distress.
5. Intimate Partner Violence includes dating and domestic violence.
   • • Domestic violence means a felony or misdemeanor crime of violence committed:
       • By a current or former spouse or intimate partner of the student or employee;
       • By a person with whom the student or employee shares a child in common;
       • By a person who is cohabitating with, or has cohabitated with, the student or employee as a spouse or intimate partner;
       • By any other person against an adult or youth student and employee who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
   • Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the student or employee. The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but not limited to, sexual or physical abuse or the threat of such abuse.
6. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.
   • Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
   • Reasonable person means a reasonable person under similar circumstances and with similar identities to the reporting student or employee.
   • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
7. Other Sexual Misconduct (“DVSAS”) means inappropriate sexual behaviors not covered previously in this section, for example, sexual activity in public places.
8. Sexual/Gender-Based Harassment is unwelcome sexual or gender-based verbal or physical conduct that unreasonably interferes with or deprives others of their right to access and benefit from the programs and services of the College. Sexual harassment offenses fall into two general categories;
   • Hostile Environment which means harassing conduct that is sufficiently severe, pervasive/persistent, and objectively offensive that it substantially interferes with the conditions of education or employment, from both a subjective (the student’s or employee’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” will be based on the circumstances. These circumstances could include, but not limited to:
     • the frequency of the conduct;
     • the nature and severity of the conduct;
     • whether the conduct was physically threatening;
     • whether the conduct was humiliating;
     • whether the conduct was directed at a specific individual or more than one person;
     • whether the conduct arose in the context of other discriminatory conduct;
     • whether the conduct unreasonably interfered with the alleged Complainant’s educational or work performance;
     • whether the statement is an utterance of an epithet which offends an employee or student, or offends by discourtesy or rudeness; or
     • whether the speech or conduct is excluded from the protections of free speech or academic freedom.
   • Quid Pro Quo (“this for that”) means a violation of this type exists when there are:
     • Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; and
     • Submission to unwelcome advances, etc., results in preferential treatment, e.g., promotion, higher grade than earned. Rejection of sexual advances, etc. results in adverse educational access or employment action; e.g., failing grade or employment termination.
     • A sexual or romantic relationship between a faculty member or visiting faculty member and a person for whom the faculty member has professional responsibility (including, for example, as a teacher, adviser, evaluator, or supervisor) raises concerns such as conflict of interest, abuse of authority, and unfair treatment. These concerns exist even where the relationship is considered consensual by both participants. Moreover, even when consensual, relationships involving individuals of different College status have the potential to have an adverse impact of others in the College community. As members of a community characterized by multiple formal and informal hierarchies, it is incumbent on members of the Faculty not to abuse, nor to appear to abuse, the authority with which they are entrusted.
9. Retaliation means harassment or adverse action taken against a person because of that person’s participation in a complaint or investigation of sexual misconduct (“DVSAS”). This will be treated as a separate violation of this policy and will result in immediate action by the College to stop the retaliatory behavior, prevent further violations by the perpetrator, and remedy any adverse impact of the violation.
10. False Reports means intentionally making a report of prohibited conduct to a College official knowing, at the time the report was made, that the prohibited conduct did not occur and the report was false.
11. Attempted Violations means a person commits an attempted violation when, with intent to commit a specific violation, a person does any act which constitutes a substantial step toward the commission of that violation. The College will treat attempts to commit any of the violations described in policy or procedure as if those attempts had been completed.

VIII. Additional Definitions

1. Consent
   • Consent to sexual activity is informed, knowing, voluntarily, and freely given permission to engage in mutually agreed upon sexual activity. The College will apply a reasonable person standard in determining whether or not consent was given, unless otherwise required by law.
     1. The person giving consent must be capable of doing so freely, with the ability to understand what they are doing and the specific details (who, what, when, where, and how) of the sexual contact to which they are consenting.
     2. Consent may be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity. Consent can be withdrawn at any time.
     3. It is the obligation of the person initiating sexual contact to obtain clear consent for the specific type of sexual contact sought.
     4. Lack of protest does not constitute consent. Silence or passivity without words or actions that communicate mutually understandable permission cannot be assumed to convey consent.
     5. Use of violence, threats, coercion, or intimidation invalidates any consent given.
     6. Consent for one form of sexual contact does not imply consent to other forms. For example, consent to vaginal sex does not imply consent to oral sex; consent of vaginal sex does not imply consent to anal sex.
     7. Past consent does not constitute consent for future sexual activity.
     8. Persons who are unable to give valid consent under New Jersey law (i.e., minors, individuals with mental health disabilities) are considered unable to give consent under this policy. See N.J.S.A. 2C: 4-2.
     9. Consent cannot be given by a person who is unconscious or sleeping. If consent has been given while a person is conscious or awake, and then that person becomes unconscious or falls asleep, consent terminates at that point.
     10. Persons who are incapacitated due to the use of drugs marijuana, hashish, cannabis items, or alcohol cannot give consent.
2. Consent to bodily harm constitutes a violation of this policy because it causes or threatens bodily harm. Consent to such conduct or to the infliction of such harm is a defense if: (1) the bodily harm, consented to or threatened by the conduct is not serious, or (2) the conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a kind not forbidden by law.
3. Incapacitation
   • Incapacitation is the physical and/or mental inability to make informed, rational judgements and decisions. States of incapacitation include, sleep, unconsciousness, and blackouts. Where alcohol, marijuana, hashish, cannabis items, or drugs are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgements.
   • In evaluating whether a person was incapacitated for purposes of evaluating effective consent, the College considers two questions: (1) Did the person initiating sexual activity know that their partner was incapacitated? And if not, (2) Should a sober, reasonable person in the same situation have known that their partner was incapacitated?
   • If the answer to either of these questions is ‘yes’, effective consent was absent.
   • For purposes of this policy, incapacitation is a state beyond drunkenness or intoxication. A person is not incapacitated merely because they have been drinking or using drugs. The standard for incapacitation does not rely on technical or medical definitions, but instead focuses on whether a person has the physical and/or mental ability to make informed, rational judgements and decisions.
   • A person who initiates sexual activity must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. Although every individual may manifest signs of incapacitation differently, typical signs include slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, or incontinence. A person who is incapacitated may not be able to understand some or all of the following questions, “Do you know where you are? Do you know how you got here? Do you know what is happening? Do you know whom you are with?”
   • Because the impact of alcohol, marijuana, hashish, cannabis items, and other drugs varies from person to person, one should be cautious before engaging in sexual contact or intercourse when either party has been drinking alcohol or using marijuana, hashish, cannabis items, or other drugs. The introduction of alcohol, marijuana, hashish, cannabis items, or other drugs may create ambiguity for either party as to whether effective consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forego all sexual activity.

IX. Reporting Options

Students and employees who experience sexual misconduct (“DVSAS”) and those who have knowledge of sexual misconduct (“DVSAS”) or harassment are encouraged to report this information as soon as possible. Please refer to charts on pages 12 to 14. Prompt reporting of incidents greatly improves the ability of the College and law enforcement to provide support resources and to address the violations effectively. Although there is no time limit for reporting sexual harassment or misconduct offenses, delays in reporting may reduce the ability of the College and law enforcement to investigate and respond to incidents. After an incident of sexual misconduct (“DVSAS”), the individual should consider seeking medical attention as soon as possible. In New Jersey, evidence may be collected, stored and not tested until you authorize testing, even if you choose not to make a report to law enforcement.

IMPORTANT NOTE: Employees of the College, including part-time and volunteers are considered “Responsible Employees” and have a duty to report to the Title IX Officer any and all incidents of:

• Harassment and Discrimination – Policy 7011
  • Harassment, including sexual harassment
  • Discrimination based on any protected class
• Sexual Misconduct and the Rights of Victims – Policy 7013
  • Dating violence
  • Domestic Violence
  • Sexual Assault
  • Stalking
  • Sexual misconduct that is not classified as a crime

The United States Department of Education (DOE) Office of Civil Rights (OCR) determines a school to have notice of the federal violation when a Responsible Employee knows or reasonably should know of violations or potential violations of the above policies.

File a Complaint 

1. Report to the Title IX Officer any and all complaints of sexual misconduct (“DVSAS”), harassment, or discrimination regardless of whether a student or employee or third party files a formal complaint:
   • On the Gloucester County Campus, Almarie Jones, Vice President, Chief Compliance Officer, and Senior Title IX Officer 1400 Tanyard Road, Sewell, NJ 08080; (856) 415-2154, [email protected].
   • On the Cumberland County Campus, Nathaniel Alridge, Jr., JD, Executive Director Threat Assessment Management, Title IX, Compliance, and Judicial Affairs, 3322 College Drive, Vineland, NJ 08360; (856) 498-9948, [email protected].
   • Responsibilities are monitoring and oversight of overall implementation of Title IX compliance at the College. The Title IX Officer, should be contacted for all complaints against faculty, staff, and visitors including those complaints filed by students.
   • Rowan Choice students can file a complaint on the Gloucester, Cumberland, or Rowan University campus. To report complaints of sexual misconduct (“DVSAS”) on the Rowan University campus, Rowan Choice students are to contact Interim Title IX Coordinator, 201 Mullica Hill Road, NJ 08028; (856) 256-5440.
   • A student or employee may choose to report to the College before they have made a decision about whether or not to report to law enforcement. An individual has the right to file a criminal complaint and a Title IX complaint simultaneously.
2. Confidential Resources
   When speaking with these resources, an individual’s right to confidentiality is legally protected. However, there are limits to this protection in specific situations. For example, if a student discloses that the incident involved the use of a weapon or other contraband as defined by New Jersey law, or there is an ongoing threat of danger to the safety of another person, these resources may be required to report the incident to police.Students who would like to speak with a confidential resource should know the College is committed to supporting students of all gender identities, gender expressions, and sexual orientation.PLEASE NOTE: The Center for Counseling and Wellness Services and People In Transition provide counseling services and, therefore, are not required to report to the Title IX Officer any “Clery” statistical information which was reported to them, unless there is a serious or continuing threat to the campus community that would require an alert (i.e., timely warning). However, those responsibilities can usually be met without disclosing personally identifying information.
   • Cumberland Campus
     • Ruby Aparicio-Pagan, MSW, Mental Health Director, (856) 200-4759, [email protected]
     • The Student Counseling and Wellness Center offers mental health counseling to assist students with a variety of life’s stressors. These confidential and professional services are free to all students. The Student Counseling and Wellness Center is located on the first floor of the Academic Building, and is open during regular business hours, Monday-Friday, 8:30 a.m. – 4:30 p.m. Students can stop by, call, or email to make an appointment. Students can also call the Wellness Warm Line at (856) 691-8600 x1258.
     • Services Empowering Rights of Victims (SERV), provides a 24/7 toll-free hotline at 1-800-225-0196 crisis intervention, counseling, advocacy and support at hospitals, police stations, and courts for survivors of sexual and domestic violence. SERV provides safe housing for female victims of domestic violence and their children. SERV provides a website: www.centerffs.org
   • Gloucester Campus
     • Dr. Kristen Wilson, DSocSci, Center for Wellness & Support (CWS), (856) 494-5688, College Center building, Room 210A. Professional counselors will provide confidential counseling and assistance. They are available during regular business hours, Monday-Friday, 9 a.m.- 4 p.m., or a Complainant can call for an appointment.
     • Amy Charlesworth, Director, Center for People in Transition, (856) 415-2256, located in Room 809 in the Workforce Development Building, 1492 Tanyard Road, Sewell, NJ 08080, Monday-Friday, 8:30 a.m. to 4:30 p.m. Confidential assistance is provided to displaced homemakers whose major source of income and financial support is lost through spousal separation, divorce, death, or disability and who are emotionally and/or vocationally unprepared to enter the job market. The Center works directly with SERV for victims of domestic and sexual abuse and can provide expedient referrals, if deemed necessary.
     • Services Empowering Rights of Victims (SERV), provides a 24/7 toll-free hotline at 1-866-295-SERV (7378), crisis intervention, counseling, advocacy and support at hospitals, police stations, and courts for survivors of sexual and domestic violence. SERV provides safe housing for female victims of domestic violence and their children. SERV provides a website: www.centerffs.org
3. Reporting to Law Enforcement
   • A student or employee who is a victim of sexual misconduct (“DVSAS”) or any other crime has three options regarding the involvement of law enforcement and campus authorities:
     1. Notify security or law enforcement as listed below;
     2. Be assisted by campus authorities in notifying law enforcement, if the victim so choses or is unable to do so; and/or
     3. Decline to notify such authorities.

   For criminal offenses that occur on the College while in session, students and employees should immediately contact the Office of Safety & Security, (856) 681-6287, Monday-Friday, 7 a.m. to 11 p.m. and Saturday, 7 a.m.to 5 p.m. For any emergency after these hours, contact the Deptford Police or 911. The Office of Safety and Security can assist students in contacting and filing a complaint with any other agency when the incident did not occur on campus.

   1. Cumberland Campus

   • • Cumberland County Sheriff’s Office (856) 451-0033
     • Vineland Police Department (856) 691-4111
     • Millville Police Department (856) 825-7010
     • Cumberland County Emergency Services 9-1-1

   2. Gloucester Campus

   • • Gloucester County Sheriff’s Satellite Office located on campus in the Security building, telephone (856) 681-2200.
     • Deptford Police Department, 1011 Cooper Street, Woodbury, NJ 08096; telephone: (856) 845-2220; website: http://deptford-nj.org
     • Gloucester County Sheriff’s Department, 2 South Broad Street, Woodbury, NJ 08096; telephone: (856) 384-4600; website: http://www.gloucestercountynj.gov/depts/s/sheriff/default.asp
4. Other Reporting Options:

Students and employees may file a complaint with the:

Office of Civil Rights,
New York Office
U.S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
phone: (646) 428-3800
fax: (646) 428-3843
email: [email protected].

Reporting Allegations of Sexual Misconduct Resource Referrals  

Cumberland Campus (05/2026) 

There are multiple safe places for students to report allegations of sexual misconduct (DVSAS”), both on and off campus. 

Reports of sexual misconduct (“DVSAS”) can be made to any of the following offices listed below.    

Reporting Allegations of Sexual Misconduct and Resource Referrals 

Gloucester Campus (05/2026) 

There are multiple safe places for students to report allegations of sexual misconduct (DVSAS”), both on and off campus. Reports of sexual misconduct (“DVSAS”) can be made to any of the following offices listed below. 

X. Preserving Evidence, Protection Orders, No Contact Orders, and Reasonable Accommodations 

1. Preserving Evidence
   1. It is recommended that the victim preserve evidence as proof of criminal activity. After an incident of sexual misconduct (“DVSAS”), it is recommended to seek medical attention as soon as possible at the nearest medical facility including Jefferson Hospital, Washington Township, or Inspira Hospital, Woodbury. In New Jersey, evidence may be collected even if you choose not to make a report to law enforcement. Each county will have a policy and procedure allowing the evidence to be preserved for at least 90 days and up to five (5) years, affording the Complainant the opportunity to determine if evidence will be turned over to the police. The Complainant will be informed of the county procedure for evidence storage and correct steps if they want to proceed with prosecution.
   2. It is important that the victim of sexual misconduct (“DVSAS”) not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 96 hours so that evidence may be preserved and may assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order.
   3. In circumstances of sexual misconduct (“DVSAS”), if Complainants do not opt for forensic evidence collection, healthcare providers can still treat injuries and take steps to address concerns of pregnancy, and/or sexually transmitted disease. As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible criminal prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If the Complainant chooses not to make a complaint regarding an incident, he or she, nevertheless, should consider speaking with law enforcement to preserve evidence in the event that the Complainant changes her/his mind at a later date.
   4. Victims of sexual misconduct (“DVSAS”), are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs, or other copies of documents, if they have any, that would be useful to College hearing boards/investigators or police. Complainants are encouraged to preserve evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order.
   5. Although the College encourages all members of its community to report violations of this policy to law enforcement, it is the Complainant’s choice whether or not to make such a report and Complainants have the right to decline to notify the police.
   6. A Sexual Assault Nurse Examiner (S.A.N.E.) can be requested by a Complainant at the hospital or by calling SERV.
2. Protection Orders (Restraining Orders)
   1. Under the Domestic Violence Act, a restraining order may be obtained by a victim of domestic violence committed by a spouse, former spouse, a present or former household member, someone with whom they have had or are expecting a child, or someone with whom they have had a dating relationship. Only an adult or an emancipated minor may obtain a restraining order.
   2. A Complainant who wants to obtain a restraining order should contact the family division of the Superior Court in their county on Monday through Friday from 8:30 a.m. to 3:30 p.m. On weekends, holidays, and weekdays after 3:30 p.m., when the Superior Court is closed, the Complainant may file a complaint at their local police department.
   3. Additionally, New Jersey residents may call the Statewide Domestic Violence Hotline at 1-800-572-SAFE (1-800-572-7233) with questions about the restraining order process and other resources for domestic violence victims.
   4. On campus, if a Complainant wants to obtain a protection order the Complainant may speak to a Security Supervisor. He or she will direct you to the Sheriff’s Officer or the Deptford Police Department.
   5. A Complainant will be assisted by Campus Security Authorities in notifying law enforcement authorities, if the Complainant chooses. A Complainant may also decline to notify and/or seek assistance from campus authorities and law enforcement.
   6. Neither of the College’s security departments (Cumberland or Gloucester) possess police powers, therefore, restraining orders cannot be enforced by security personnel, however, they would assist to call local law enforcement personnel.
3. No Contact Orders
   Once the College is in possession of information that has or may threaten to interfere with an individual’s access to education or related services, and/or the safety and well-being of others, and/or the continuity of peaceful College operations, a No Contact and Avoid Order will be issued to help ensure an environment in which individuals can focus and pursue their education and/or work.
   • Gloucester Campus Contact:
     • Office of Student Affairs 856-681-6271
     • Office of Safety and Security 856-681-6287
   •  Cumberland Campus Contact:
     • Office of College and Governmental Compliance, 856-691-8000, ext. 1414
     • Office of Security 856-691-8600, ext. 1777
   • Rowan University Campus Contact:
     • Office of Public Safety 856-256-4922
4. Reasonable Accommodation
   Employees and/or students who report or are the victim of sexual misconduct (“DVSAS”) will be afforded reasonable accommodations, if requested, to avoid hostile environments or working conditions, regardless of whether the Complainant chooses to report the crime to campus security or local law enforcement.The College will maintain as confidential any accommodation or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodation or protective measures.

Students can contact the Office of Student and Veteran Affairs (Gloucester Campus ), Office of Student Services and Student Life (Cumberland Campus), Office of Special Services, or the Title IX Officer and employees can contact Human Resources (refer to pages 12 and 13 for telephone numbers) to navigate through the appropriate departments for assistance with:

• • • Counseling
    • Mental health
    • Victim Advocacy
    • Legal Assistance
    • Campus safety escort and protective measures
    • Transportation
    • Change of class schedule (students)
    • Change of work location or assignment (employees)
    • Leave as provided or allowed under law or policy
    • Adjustment in hours worked

All employees and students, including Rowan Choice students, who report such incidents of sexual misconduct (“DVSAS”) will be provided with a prepared, standardized, and written set of materials regarding counseling, health, victim advocacy, legal assistance, mental health, visa and immigration assistance, student financial aid, and other services available both on campus and in the community. This information will include a victim’s right to obtain a restraining order, a no contact order, available reporting options, as well as, information regarding the preservation of evidence. Contact information is provided for each of the services listed. If a Rowan Choice student initiates a report at Rowan University, they will provide the student with this information, refer the student to RCSJ, and the information will be provided again.

XI. Confidentiality  

When the College is made aware of a report or allegation of sexual misconduct (“DVSAS”) or harassment, the College will endeavor to maintain the confidentiality of the matter and of all individuals involved to the extent permitted by law. The College will balance the needs of the individuals involved with its obligation to fully investigate allegations and to protect the safety and well-being of the community at large. In all cases, the College and its employees will respect the dignity and rights of all individuals involved.

Campus Security Authorities (CSA’s)

When consulting campus resources, students and employees should be aware that certain campus authorities are mandated to report and take action after receiving information regarding sexual misconduct (“DVSAS”) and harassment. These include, but not limited to, managers and supervisors, coaches, club and organization advisors, faculty and deans. If a student or employee has reported information to a campus security authority, but the student or employee would like the report to remain confidential, the individual should contact the Title IX Officer, who will evaluate the request for confidentiality. A CSA report does not need to automatically result in the initiation of a police or disciplinary investigation, if the victim does not want to pursue this action. The Complainant’s identity is not required to be revealed.

XII. Federal Crime Statistics Reporting

Certain campus officials have a duty to report sexual misconduct (“DVSAS”) for federal statistical reporting purposes. All personally identifiable information, as previously described, is kept confidential, but statistical information must be passed along to campus security regarding the type of incident and its general location (on or off-campus, in the surrounding area, etc. – with addresses withheld) for publication in the campus Annual Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime to ensure greater community safety. Mandated federal reporters include: campus security, local police, coaches, athletic directors, student activities staff, human resources staff, advisors to student organizations, and any other staff members with significant responsibility for student and campus activities. Exemption: Professional Counselors who are not required to report crimes of sexual misconduct (“DVSAS”) reported to them are required to report a potential ongoing threat to the community if the alleged perpetrator of the crime is a known repeat offender. Every effort will be made to keep the name of the victim private, but privacy is not guaranteed in these circumstances.

XIII Federal Timely Warnings 

Students and employees who report sexual misconduct (“DVSAS”) and other crimes should be aware that College administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the community to aid in the prevention of similar occurrences. The College will withhold the names and other personally identifiable information of students or employees as confidential, while still providing enough information for community members to make decisions related to their safety in light of the danger. The individuals required to report for timely warning purposes are exactly the same as detailed at the end of the previous paragraph.

XIV Training for Students, Employees, and Title IX and Resolution Coordinators 

Students

Mandatory training is required of all students by means of the completion of interactive videos relating to sexual misconduct (“DVSAS”) and consent. The program is 60 minutes with pre and post exams covering the importance of values, aspects of (un)healthy relationships, gender socialization, sexual assault, consent, bystander intervention, and on-going activism.

A second on-line educational program offered for all students is Alcohol Edu to meet the requirements of the Drug Free Schools and Communities Act (DFSCA). The course covers: alcohol and motivation; blood alcohol concentration; key strategies for drinkers; key strategies for non-drinkers; bystander intervention skills; alcohol and the law; and drinking and stress.

Employees

Mandatory Harassment and Discrimination Prevention training, approximately 60 minutes long including knowledge checks, must be completed by all employees in a timely manner as a requisite of employment.

Data is provided to HR and the divisions by the Title IX Office regarding an individual’s completion of the program allows staff to ensure compliance with the mandate.

Additional programs are offered throughout the year on both campuses and are advertised on the portal, bulletin boards, and flyers.

Title IX and Resolution Coordinators

Annually, all Title IX and Resolution Coordinators complete “VAWA Adjudicator Training” online.  This training program is specifically designed for institutional officials involved in the resolution and discipline processes for sexual misconduct (“DVSAS”) as previously defined. The College, at its sole discretion, however, may utilize an experience lawyer to serves as a hearing officer in cases of sexual misconduct (“DVSAS”), as explained previously.
Regardless of whether the resolution process is voluntary or formal, the Title IX Officer or designee will initiate an impartial, fair and prompt investigation to the final result.

Annually, all Title IX and Resolution Coordinators complete “VAWA Adjudicator Training” online. This training program is specifically designed for institutional officials involved in the resolution and discipline processes for sexual misconduct (“DVSAS”) as previously defined. The College, at its sole discretion, however, may utilize an experience lawyer to serves as a hearing officer in cases of sexual misconduct (“DVSAS”), as explained previously.

Regardless of whether the resolution process is voluntary or formal, the Title IX Officer or designee will initiate an impartial, fair, and prompt investigation to the final result.

XV.  Resolution Procedures

1. Voluntary Resolution Procedures
   • Upon request by the parties, some complaints of sexual misconduct (“DVSAS”) can be resolved through voluntary processes that are facilitated by the Title IX Officer. The Title IX Officer or other designated administrator will determine whether a voluntary solution is appropriate depending upon the complaint allegations. Voluntary procedures are never applied in cases involving violence or sexual assault within “DVSAS”.
   • If appropriate, the Title IX Officer or designee may arrange for/or facilitate mediation between the involved parties or coordinate other voluntary resolution. Voluntary resolution procedures will be initiated within ten (10) calendar days of the receipt of the Complainant’s request for voluntary resolution. The voluntary resolution procedure will be completed within sixty (60) days. All timeframes set forth in the policy may be extended by the Title IX Officer or designee for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.
   • Voluntary resolution procedures are optional and may be terminated at any time by the parties. A voluntary resolution agreement, which outlines the terms agreed upon by the parties, will be provided to both parties simultaneously by the Title IX Officer or appropriate administrator. If either party is unsatisfied with the outcome of the voluntary resolution procedures, the formal resolution procedures may be pursued. If either party alleges that the terms of the voluntary resolution agreement have been breached, the formal resolution procedures will be initiated.
2. Formal Resolution Procedures
   The formal resolution procedure will be initiated upon request by either party or when the College determines it is necessary.
   1. Written Notice: Once a formal resolution procedure has been initiated, all parties will receive written notice.
      1. This notice will include the following: a brief summary of the allegations; the relevant policy provisions defining the elements of the charges (prohibited conduct) at issue, and information related to available resources and services.
      2. Once the Respondent has received written notice of the formal procedure, the Complainant and the Respondent will be kept informed of all developments and will be advised of the procedures that will guide the resolution of the complaint.
      3. Details of the allegations will be given to the Respondent during the first investigatory interview.
   2. Investigation: Once a report of sexual misconduct (“DVSAS”) has been made, an investigation into the report will be initiated by the Title IX Officer or designee.
      1. The investigation may be conducted by the Title IX Officer alone or by designees of the Title IX Officer. The investigation may also be conducted by an outside investigator retained by the College.
      2. The Title IX Officer or designee will determine the manner in which the investigation is conducted.
      3. The investigation may include any of the following: interviews of the parties involved, including witnesses; review of written statements; and the gathering of other relevant information.
      4. Both parties will have the opportunity to present witnesses and other evidence.
   3. Investigation Report: The investigator will review all of the information gathered during the investigation and will prepare an initial investigation report which contains a summary of the information gathered during the investigation and preliminary findings of fact.
      1. This initial report will be shared with the parties simultaneously. After the parties have been provided the initial report, the parties will have the opportunity to provide additional or rebuttal information within seven (7) calendar days to the investigators.
      2. The investigator will review additional or rebuttal information provided, if any, and will generate a final investigative report.
      3. The final investigation report will include a comprehensive description of the evidence gathered during the investigation, the investigators’ findings of fact, and credibility assessments of any relevant witness or parties.
      4. While the investigator will make initial findings of facts and credibility determinations, the investigator will not adjudicate the matter and will not reach a determination as to whether a violation of this policy occurred.
      5. The parties will be provided with the final investigation report simultaneously and will be advised that the parties may be subject to a hearing.
   4. Advisors: The Complainant and Respondent have the right to an advisor of their choice during this process. An advisor may be a family member, an attorney, or any third party. Advisors are present to support the parties and to provide advice on procedural matters; advisors may not speak on behalf of the party.
      1. The Title IX Officer or designee will exercise control over the investigatory process. Anyone who disrupts an investigatory interview or who fails to adhere to College policies may be asked to leave an investigatory interview.
      2. Regardless of whether a party has an advisor, the Title IX Officer or designee will correspond and communicate directly with the Complainant and Respondent.
3. The Adjudicatory Hearing
   1. For complaints on the Cumberland and Gloucester campus brought against students, the hearing officer(s) will be the Executive Director of the Office of Student Services (“Executive Director”) and/or the Executive Director Threat Assessment Management, Title IX, Compliance, and Judicial Affairs unless the College, at its sole discretion, utilizes outside counsel.
   2. Complaints brought against employees, the hearing officer will be the Associate Vice President of Human Resources (“HR AVP”) unless the College, at its sole discretion, utilizes outside counsel.
   3. Timeframe: The College will attempt to schedule a hearing within 20 business days after receipt of the final investigative report.
      1. The Respondent and the Complainant will receive timely notice, in writing, of the date and time of the hearing.
   4. Witnesses: The Respondent and the Complainant will have the opportunity to make a request to the hearing officer for witnesses to participate in the hearing on their behalf. The parties will have an opportunity to present witnesses and other evidence.
      1. The Respondent and the Complainant must notify the hearing officer of any advisors and witnesses attending the hearing two (2) business days prior to the hearing.
      2. If the Respondent, the Complainant, or any witness fails to appear at the hearing, the matter will be resolved in their absence.
      3. Witnesses may be present at the hearing only at the time they are called to participate. A hearing will not be cancelled or postponed if a scheduled witness does not attend.
   5. Advisor: Each party may have one advisor with them during the hearing. The advisor does not have speaking privileges during the hearing, but the parties may communicate with their advisors during the hearing, if they choose.
      1. A hearing will not be cancelled or postponed in the event an advisor does not attend.
      2. If the advisor is not able to attend, the Respondent or the Complainant should arrange for a substitute advisor.
   6. The hearing officer will exercise control over the manner in which the hearing is conducted to avoid unnecessarily lengthy hearings and to prevent the harassment or intimidation of witnesses.
      1. This includes, but not limited to, imposing reasonable limits on the number of factual witnesses that may participate.
      2. Questions by the parties should be directed to the hearing officer. The hearing officer has the authority to limit, restrict, or redirect the parties’ questions to prevent harassment, intimidation, or irrelevance.
      3. Anyone who disrupts a hearing or who fails to adhere to hearing procedures may be excluded from the proceeding.
   7. Hearing officers will be assisted by a confidential administrative assistant.
   8. All hearings will be closed to the public.
   9. Alternative Testimony: For all participating parties, alternative testimony options will be provided. Options include, placing a privacy screen in the hearing room, providing testimony from another room via conference phone, or other options that provide a safe space for participation while not depriving any party of their rights in the process. While alternative testimony options are intended to help make participating parties more comfortable, they are not intended to work to the disadvantage of the other participating party.
   10. All hearings will be audio recorded. A digital file will be made available to the Complainant and/or Respondent student in the event a request for an appeal is filed.
   11. Evidence Presented at the Hearing
       1. Written affidavits of witnesses not in attendance may be considered by the hearing officer.
       2. Only the information and evidence related to the alleged violations set forth in the formal complaint will be considered.
       3. The Title IX Officer or designated investigator may be called as witness.
   12. Past Sexual History/Character: The past sexual history or sexual character of a student or employee will not be admissible by the other party in investigatory interviews or hearings unless such information is determined to be highly relevant by the Title IX Officer or hearing officer.
   13. Hearing Procedure: At the start of the hearing, the hearing officer will ask if the Respondent has received the original notice letter and understands the nature of the charges.
   14. The hearing officer will present the notice letter along with the information obtained through the investigation. The remainder of the hearing will customarily proceed in the following order:
       1. Opening statement from the Complainant.
       2. Opening statement from the Respondent.
       3. Complainant and Respondent questioning of witnesses and parties (each witness will be questioned separately).
       4. Hearing officer questioning of witnesses (each witness will be questioned separately then excused).
       5. Hearing officer questioning of the Complainant and the Respondent.
       6. Respondent’s responding statement.
       7. Complainant’s responding statement.
       8. Final questions from the hearing officer.
       9. Respondent’s closing statement.
       10. Complainant’s closing statement.
   15. Deliberation: The hearing officer will review the information and make an appropriate independent determination based on the information presented during the hearing.
       1. The hearing officer will render a decision as expeditiously as possible.
       2. The hearing officer will determine whether or not the Respondent violated policy.
       3. If a determination of “In violation” is rendered, the hearing officer will determine an appropriate sanction(s) consistent with those specified in the College’s administrative procedures 8007 Student Code of Conduct or 7009 Employee Conduct and Work Rules.
   16. Notification: The hearing officer will notify the Respondent and the Complainant simultaneously, in writing, of the decision. The hearing officer will notify the Respondent and the Complainant simultaneously, in writing, of any change to the results prior to final imposition and the date of final imposition. 

XVI.  Appeal Procedures 

1. Upon receiving notification of the outcome of a hearing conducted by the hearing officer, the Respondent or the Complainant may file an appeal under the following circumstances.
   1. A procedural or substantive error occurred in the process that significantly impacted the outcome of the hearing (e.g., material deviation from College policy; substantial bias; the findings and decision are contrary to the great weight of the evidence);
   2. New and significant information has become available which could not have been discovered by a properly diligent person before or during the hearing; or
   3. The sanction is inappropriate in light of the violation.
2. Students:
   1. For the Cumberland and Gloucester campus, a written appeal within five (5) business days is made to the Executive Director of the Office of Student Services (“Executive Director”) or the Executive Director, Threat Assessment Management, Title IX, Compliance, and Judicial Affairs who will prepare the case file for forwarding to the Chief Academic Officer (“CAO”). Sanctions remain in place during the appeal.
   2. The CAO reviews the appeal file and notifies the student of the results of the appeal within fifteen (15) business days of receipt of the appeal.
   3. The final appeal to the President may be requested in writing within five (5) business days of receipt of the CAO’s decision.
      1. The written appeal and case information must be submitted to the Executive Director where it will be recorded and forwarded to the President for review.
      2. The President’s decision is final.
3. Employees:
   1. A written request for appeal of the HR Director’s decision may be made to the President in accordance with administrative procedure, 7203 Grievances.
   2. A final appeal may be considered by the Board of Trustees in accordance with administrative procedure, 7203 Grievances.

XVII. Sanctions for Violations

1. Following an investigation, College employees found in violation of this policy are subject to prosecution and disciplinary action under applicable policies, procedures and/or collective bargaining provisions. Sanctions that the College may impose on an employee following a final determination of responsibility include, counseling, written warning, suspension and final warning, and/or termination of employment.
2. Students found in violation of this policy are subject to prosecution and are also subject to disciplinary action under the College’s policy, 8007 Student Code of Conduct. Sanctions that the College may impose on a student following a final determination of responsibility include, warning the student, loss of privileges, restitution, disciplinary probation, suspension, or expulsion.

XVIII. Special Provisions

1. Notification of Outcomes
   1. The outcome of a campus disciplinary hearing is part of the education record of the Respondent student and is protected from release under FERPA. However, the College observes the exceptions as follows: Complainants of incidents charged under policy 7013 Sexual Misconduct and the Rights of Victims have a right to be informed simultaneously of the outcome and sanctions of the hearing in writing. Complainants are also permitted to submit an appeal.
   2. The College will, upon written request, disclose to the alleged victim of a crime of violence (as the term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the College against a student who is the alleged perpetrator of such a crime or offense. If the victim is deceased as a result of such crime or offense, the next of kin of such victim will be treated as the alleged victim for purposes of this policy.
2. College as Complainant
   1. As necessary, the College reserves the right to initiate a complaint, to serve as Complainant, and to initiate institutional disciplinary proceedings without a formal complaint by the student of sexual misconduct (“DVSAS”) or harassment.
3. Timeline
   1. All timeframes set forth herein may be extended by the Title IX Officer or other administrator for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.