Procedures for Internal Complaints alleging State of New Jersey Discrimination, Harassment or Hostile Environments in the Workplace
All employees have the right and are encouraged to report immediately suspected violations of the State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace (NJAC 4A:7-3.1).
Employees should report incidents of discrimination to the University EEO/AA Officer or to any supervisory employee at Montclair State University.
Employees should make every effort to report complaints promptly. Delays in reporting may not only hinder a proper investigation, but also subject the victim to continued unlawful conduct.
Supervisory employees should immediately report all alleged violations of the State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace, whether reported by an employee or observed directly, to the University EEO/AA Officer.
If reporting a complaint to any of the persons set forth above presents a conflict of interest, the complaint may be filed directly with the Vice President for Human Resources or with the President. If reporting a complaint to the Vice President for Human Resources or the President also presents a conflict of interest, the complaint may be filed with the New Jersey Department of Personnel, Division of EEO/AA, P.O. Box 315, Trenton, NJ 08625. An example of a conflict of interest would be where the individual is the person against whom the complaint is being made. In such a circumstance, a copy of the complaint should also be sent to the President.
While not mandatory, in order to facilitate a prompt, thorough and impartial investigation, all complainants should fill out a Discrimination Complaint Processing Form (DPF-481).
During the initial intake of a complaint, the University EEO/AA Officer or other appropriate officer shall obtain information regarding the workplace discrimination, harassment or hostile environment complaint, and determine if intermediate protective measures are necessary to prevent continued violations of the State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.
At the direction of the University EEO/AA Officer, or other appropriate officer when necessary, a prompt, thorough, and impartial investigation into the alleged harassment or discrimination shall take place.
An investigatory report shall be prepared by the University EEO/AA Officer, or other appropriate officer, when the investigation is completed. The report shall include: (a) a summary of the complaint; (b) a summary of the facts developed through the investigation, and (c) an analysis of the allegations and the facts. The investigatory report shall be submitted to the President.
The President shall review the investigatory report issued by the University EEO/AA Officer or other appropriate officer, and make a determination as to whether the allegation of a violation of the State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace has been substantiated. If a violation has occurred, the President shall determine the appropriate corrective measures necessary to remedy the violation.
The President shall issue a final letter of determination to all parties, containing the results of the investigation and setting forth the complainant’s right of appeal to the Merit System Board. The Division of EEO/AA at the New Jersey Department of Personnel shall be furnished with a copy of the final letter of determination.
The investigation of a complaint shall be completed and a final letter of determination shall be issued no later than 120 days after the initial intake of the complaint referred to in G above is completed.
The time for completion of the investigation and issuance of the final letter of determination may be extended by the President or other appropriate officer for up to 60 additional days in cases involving exceptional circumstances. The President shall provide the Division of EEO/AA of the New Jersey Department of Personnel and all parties with written notice of any extension and shall include in the notice an explanation of the exceptional circumstances supporting the extension.
If the complainant disagrees with the determination of the University, he/she may submit a written appeal, within 20 days of the receipt of the letter of determination from the University, to the Merit System Board, P.O. Box 312, Trenton, NJ 08625. The appeal should contain a concise explanation of the disagreement. Regulations governing the appeal process are set forth in NJAC 4A:7-3.3.
To the extent practical and appropriate under the circumstances, confidentiality will be maintained throughout all phases of the intake, investigation and remediation process. Any breach of confidentiality by any party involved in this procedure may be considered an act of obstruction, and may subject that employee to disciplinary action.
Any employee can file a complaint directly with external agencies that investigate discrimination/harassment charges in addition to utilizing this internal procedure. The time frames for filing complaints with external agencies indicated below are provided for informational purposes only. The employee should contact the specific agency to obtain exact time frames. The deadlines run from the last date of unlawful harassment or discrimination, not from the date that the internal workplace discrimination/ harassment complaint to the employer is resolved.
Employees may file complaints with the following agencies:
DIVISION ON CIVIL RIGHTS
NJ Department of Law and Public Safety
180 days for violation of state law
Trenton Regional Office
140 East Front Street, 6th Floor
P.O. Box 089
Trenton, New Jersey 08625-0089
Camden Regional Office
One Port Center
2 Riverside Drive, Suite 402
Camden, New Jersey 08103
Paterson Regional Office
100 Hamilton Plaza
Paterson, New Jersey 07505
Atlantic City Satellite Office
26 Pennsylvania Avenue
Atlantic City, New Jersey 08401
Newark Regional Office
31 Clinton Street
P.O. Box 46001
Newark, New Jersey 07102
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
Philadelphia District Office
The Bourse Building, Suite 400
21 S. Fifth Street
Philadelphia, Pennsylvania 19106-2515
Newark District Office
1 Newark Center, 21st Floor
Newark, New Jersey 07102-5233