Involving Students

Objective

To provide students with guidelines on how to file sexual harassment complaints

Authority

Board of Trustees Policy 1.1.96, Delegation of Authority to the President of the University

Statement

See attached procedures.

Responsibility for Implementation

President Vice President for Student Development and Campus Life
Dean of Students
Director of Women's Center
Equal Opportunity/Affirmative Action Officer

Effective Date

September 24, 1998
Approved by: President's Executive Council
Date approved: September 23, 1998

Contents

    I. Introduction
    A. Definition
    1. Quid Pro Quo Harassment
    2. Hostile Environment Harassment
    B. Consensual Relationships
    C. Confidentiality
    D. Retaliation
    E. Groundless or Malicious Allegations

I. Introduction

Montclair State University is committed to the principles of academic and professional excellence and to fostering a positive learning and working environment for its students and employees. The civil and respectful treatment of one another is a foundation of this principle, and antisocial behavior such as sexual harassment is prohibited and will not be tolerated by the University. On March 2, 1989, the Board of Trustees approved a Resolution Prohibiting Sexual Harassment. This resolution remains in full force and effect (Attachment A).

The University seeks to eliminate sexual harassment through education and by encouraging students to report concerns or complaints. Prompt corrective measures will be taken to stop sexual harassment whenever it occurs. Students or employees who violate the University's policy against sexual harassment are subject to disciplinary measures, up to and including dismissal or termination.

Sexual harassment is a violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended in 1991) and Montclair State University's Statement on Equal Opportunity, Affirmative Action, Sexual Harassment and Tolerance. Under certain circumstances, sexual harassment may constitute sexual assault or abuse. The University will fully comply with all relevant civil laws prohibiting sexual harassment and all criminal laws concerning assault.

Any student who believes that she/he has been sexually harassed should follow the University's reporting procedures. Complaints should be filed as soon as possible after the alleged harassment. Late reporting may impede the University's ability to investigate.

Because of the University's obligation to address sexual harassment when it occurs, under certain circumstances the University may exercise its right to initiate an investigation even though the alleged victim is unwilling to pursue a complaint.

Copies of these procedures are available in the Office of the Dean of Students, Equal Opportunity/Affirmative Action Office and Sprague Library.

    A. Definition - Sexual harassment, whether between people of different sexes or the same sex, is defined to include

      1. Quid Pro Quo Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission or rejection of such conduct is made a condition of academic evaluation or the conferral of any benefit. It involves an implicit or explicit threat that if the student does not accede to the sexual demands of someone in authority he or she will suffer adverse consequences.

      2. Hostile Environment Harassment - Unwelcome conduct that would not have occurred but for the student's gender, that is severe or pervasive enough to make a reasonable person of the same sex believe that the conditions of the student's education are altered and the academic environment is hostile or abusive. The complained-of conduct need not be sexual in nature to constitute hostile environment sexual harassment.

    Although quid pro quo harassment, by definition, requires that the harasser be someone in a position of authority over the student, hostile environment harassment can occur when anyone in the campus community, including a student, harasses another person. An individual's intent or lack of intent to harass is not relevant to the determination of whether harassment occurred.

    B. Consensual Relationships - Consensual romantic and sexual relationships between students and faculty or staff are strongly discouraged. No person involved in a romantic or sexual relationship with a student shall have responsibility for evaluating the student's academic performance or for making decisions regarding the student's rights or benefits because of the inherent conflict of interest. Such relationships may become the basis for serious charges of sexual harassment. These relationships may also appear to others as exploitative even if the parties view their relationship as consensual.

    C. Confidentiality - Complaints filed with the Affirmative Action Officer will be handled with sensitivity throughout the process. Confidentiality will be maintained to the extent possible.

    D. Retaliation - Retaliation against an individual for reporting sexual harassment or for participating in an investigation is prohibited by University policy and state and federal law. Retaliation is a serious violation which may subject the offender to sanctions, regardless of whether or not the sexual harassment complaint has been substantiated.

    E. Groundless or Malicious Allegations - It is a violation of these procedures for anyone to knowingly make false accusations of sexual harassment. Failure to prove a claim of sexual harassment, however, is not equivalent to making a false accusation. Sanctions may be imposed for making groundless or malicious accusations of sexual harassment.

II. How to File a Complaint of Sexual Harasshment

Alleged acts of sexual harassment should be reported immediately to the Affirmative Action Officer, College Hall. This can be done by filing an informal and/or formal complaint. In the event that a complaint is filed against any person who has primary responsibility for implementing these procedures, the President shall determine the appropriate changes in personnel and shall advise the parties in writing of how the complaint should be processed.

Montclair State University urges students, faculty and staff to report all instances of sexual harassment promptly to the Affirmative Action Officer of the University. Early resolution of complaints can benefit the complainant, the respondent, and the University as a whole. Late reporting may impede a satisfactory resolution or hamper a proper investigation.

Parties have the right to be accompanied by an adviser of their choice at every step of the internal process. An adviser's role is to support and advise the complainant or respondent. Any further participation in the process is at the discretion of the Affirmative Action Officer.

A student who believes that she/he may have been sexually harassed may seek advise from the Dean of Students or the Women's Center. At their discretion, referrals will be made to the Affirmative Action Officer. Upon a referral, the Affirmative Action Officer may offer an informal conciliation process as an alternative to the formal complaint process.

    A. Informal Complaints/Conciliation The University offers a student an informal conciliation process as an alternative to the formal complaint procedure. The Affirmative Action Officer will attempt to intervene in order to reach a satisfactory resolution between the individuals directly involved. The University, however, cannot pursue disciplinary action against a respondent in the informal process. The informal proceeding requires voluntary agreement of the parties and focuses on conciliation rather than culpability. Early reporting is essential to an effective resolution. If informal attempts to resolve the complaint are unsuccessful, or if the complainant or the Affirmative Action Officer believes an informal procedure is inappropriate, the formal complaint process can be utilized at any time. The filing of an informal complaint is not a prerequisite to a formal complaint.

      1. If a student wishes to try informal resolution of a complaint, she/he must file an Intent to File Internal Sexual Harassment Complaint For Students (Attachment B). Upon receipt of this notice of intent, an attempt will be made to resolve the complaint by conciliation leading to informal mutual agreement.

      2. In order to conciliate an informal complaint, the Affirmative Action Officer may meet with the parties and their respective advisers separately, together, or both. The purpose of the meetings is to clarify issues and resolve the complaint.

      3. If conciliation resolves the complaint, a conciliation agreement, stipulating the terms of the resolution, will be signed by the complainant and charged party. Each party will be given a copy of the signed agreement.

      4. If the conciliation process is not successful and the student wishes to proceed with a formal complaint, she/he must file a formal written complaint.

    B. Formal Complaints If a complainant wishes to invoke a formal administrative action, a formal written complaint must be filed with the Affirmative Action Officer (Attachment C). Students are encouraged to report sexual harassment as soon as possible. Late reporting may impede a proper investigation.

      1. The formal written complaint must specify, in detail, the nature of the charge, dates of particular events, names of possible witnesses, respondent's name, remedy requested, and any other relevant information. The complaint must be signed and dated.

      2. The Affirmative Action Officer shall acknowledge receipt of the formal written complaint and provide a copy of it to the respondent and the Dean of Students within seven working days. The respondent shall be given the opportunity to respond to the allegations in writing.

      3. The Affirmative Action Officer has 45 days from the time the formal complaint is filed in which to complete an investigation. If a longer period is necessary for a thorough investigation, the President may issue reasonable time extensions. Parties will be notified of any extensions.

      4. As part of the investigation the Affirmative Action Officer will interview the complainant, the respondent, and other persons believed to have knowledge relevant to the allegations. Throughout the investigation the confidentiality of all participants will be maintained to the extent possible.

      5. Upon the conclusion of the investigation of a formal complaint, the Affirmative Action Officer will submit a written investigative report to the President or designee. The President or designee will issue a final determination on the formal complaint to the complainant and respondent.

      6. The final decision of the President or designee may include remedial measures, such as a referral to the appropriate University administrative office for disciplinary action. The final decision will include general information regarding rights to appeals.

      7. Sanctions for students found to have violated these procedures range from a warning to expulsion and referral to the criminal justice system. Sanctions for employees range from an oral reprimand to removal or detenuring and referral to the criminal justice system. Disciplinary action will be in compliance with relevant law and regulations.

    C. Record of Complaint and Decision The record of the complaint and final decision shall be retained in a file in the Office of Equal Opportunity/Affirmative Action.

III. External Complaint Process

In addition to using the University's internal procedures, a student has the right to file a complaint with federal and state agencies that investigate discrimination charges. An external complaint must be filed directly with the agency. The agencies also should be consulted concerning time deadlines for filing.
    For Title IX violations:

    Office for Civil Rights
    U.S. Department of Education
    New York Office
    75 Park Place, 14th Floor
    New York, New York 10007-2146
    (212) 637-6466

    For violations of the New Jersey
    Law Against Discrimination:

    New Jersey Division of Civil Rights
    Essex County Regional Office
    31 Clinton Street
    Newark, New Jersey 07102
    (973) 648-2700

IV. Other Resources

If needed, the following counseling services are available to students:

The Health and Wellness Center - Blanton Hall, Ext. 4361
Psychological Services - Student Center, Ext. 5211
The Women's Center - Student Center - Room 420, Ext. 5114

V. Attachments


A. Montclair State Board of Trustees' Resolution Prohibiting Sexual Harassment
B. Intent to File An Internal Sexual Harassment Complaint
C. Internal Sexual Harassment Complaint Form for Students